HomeMy WebLinkAboutCouncil 02/05/2007 AGENDA
RENTON CITY COUNCIL
REGULAR MEETING
February 5, 2007
Monday, 7 p.m.
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. ADMINISTRATIVE REPORT
4. 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 address for the record, SPELLING YOUR LAST NAME.
5. 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 1/22/2007. Council concur.
b. Community Services Department recommends approval of a sublease with United Rentals
Northwest,Inc. for a temporary Parks Maintenance Facility at 1100 Bronson Way N.;
expenditure$382,691. Refer to Finance Committee.
c. Economic Development,Neighborhoods and Strategic Planning Department submits emergency
City Code amendments pertaining to: R-4 zone development clustering; R-1, R-4, and R-8 zone
design standards;tree retention; and animal regulations. Refer to Planning and Development
Committee;set public hearing on 2/26/2007.
d. Economic Development,Neighborhoods and Strategic Planning Department recommends
approval of a contract with Hamilton/Saunderson Marketing Partnership in an amount not to
exceed $150,000 for management of the Renton Community Marketing Campaign. Council
concur.
e. Economic Development,Neighborhoods and Strategic Planning Department recommends
approval of a contract with the Greater Renton Chamber of Commerce in the amount of$125,000
for the Renton Visitors Connection 2007 tourism marketing efforts. Council concur.
f. Fire Department recommends approval of an agreement with the Washington State Military
Department for a public assistance grant to receive up to 75 percent of the eligible non-insurance
covered damages sustained by the City during the 2006 flooding event. Initial damage
assessment is $5,019,233. Council concur.
g. Human Resources and Risk Management Department recommends approval of the 2007
administrative services agreement and fee schedule for medical, dental, and prescription claims
processed by Health Management Administrators, Inc. and Prescription Card Services/Caremark.
Council concur.
h. Human Resources and Risk Management Department recommends reclassification of eight
positions, including: Payroll Analyst, Museum Supervisor, Community Relations Specialist,
Grounds Equipment Mechanic, Vehicle&Equipment Mechanic I, Lead Vehicle&Equipment
Mechanic, Secretary I,and Domestic Violence Victim Advocate. Refer to Finance Committee.
i. Technical Services Division requests final approval of the 15-year latecomer agreement
submitted by Kevin Wyman for sewer main extension along SE 132nd St.,and requests
authorization for staff to finalize the agreement per City Code. Refer to Utilities Committee.
j. Transportation Systems Division recommends approval of an agreement with Mirai Associates,
Inc. in the amount of$75,849 for the 2007 Citywide Comprehensive Walkway Study. Refer to
Transportation(Aviation)Committee.
(CONTINUED ON REVERSE SIDE)
k. Transportation Systems Division submits CAG-06-124, 2006 Citywide Sidewalk; and requests
approval of the project,authorization for final pay estimate in the amount of$22,187.58,
commencement of 60-day lien period, and release of retained amount of$19,882.36 to Dennis R.
Craik Constru etion,Inc.,.contractor,if all required releases are obtained. Council concur.
1. Transportation Systems Division recommends approval of a contract with King County, Sound
Transit, and Pierce Transit to continue the FlexPass Commute Trip Reduction Program for City
employees in the amount of$22,770 for 2007-2008. Council concur.
m. Transportation Systems Division recommends approval of an agreement with King County
regarding cost sharing of the improvements to the intersection of 108th Ave. SE and SE 168th St.
(Benson Rd. S. and S. 31st St.). City cost share for construction is limited to $312,000 plus in-
kind services. Council concur. (See 8.a. for resolution.)
n. Transportation Systems Division recommends approval of an agreement with Washington State
Department of Transportation defining roles and responsibilities for the design, construction, and
operation of the 1-405,1-5 to SR-169 Stage 1 Widening Project. Refer to Transportation
(Aviation)Committee.
o. Utility Systems Division submits CAG-06-141,May Creek Bank Stabilization; and requests
approval of the project, authorization for final pay estimate in the amount of$10,875,
commencement of 60-day lien period, and release of retainage bond in the amount of$6,953 to .
Fury Construction, LLC, contractor,if all required releases are obtained. Council concur.
p. Utility Systems Division recommends approval of Addendum#3 to CAG-06-007, contract with
Financial Consulting Solutions Group,Inc. for comprehensive study and analysis of utility rates
and system development charges, which increases the project budget by $9,580 and extends the
contract to 12/31/2007. Council concur.
6. CORRESPONDENCE
7. UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics
marked with an asterisk(*)may include legislation. Committee reports on any topics may be held by
the Chair if further review is necessary.
a. Committee of the Whole: NE Sunset Blvd./Duvall Ave. NE Project; Henry Moses Aquatic
Center Fees*
b. Community Services Committee: Britt Peterson Appointment to Municipal Arts Commission;
Amy Pieper Appointment to Library Board
c. Planning& Development Committee: Kennydale Blueberry Farm Comprehensive Plan
Amendment
d. Utilities Committee: Agreement with King County for Initial Infiltration/Inflow Reduction
Project*
8. RESOLUTIONS AND ORDINANCES
Resolutions:
a. Agreement with King County re: 108th Ave. SE/SE 168th St. intersection improvements(see
5.m.)
b. Agreement with King County re: Initial Infiltration/Inflow Reduction Project(see 7.d.)
Ordinance for first reading: Henry Moses Aquatic Center 2007 rates and fees(see 7.a.)
9. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded
information.)
10. AUDIENCE COMMENT
11. ADJOURNMENT
(CONTINUED ON NEXT PAGE)
r
COMMITTEE OF THE WHOLE
AGENDA
(Preceding Council Meeting)
Council Conference Room
5:30 p.m.
Emerging Issues (Economic Development, Transportation,and King County Parks Levy)
Council Chambers
Approximately 6 p.m.
NE Sunset Blvd./Duvall Ave.NE Project;
Comcast Franchise Agreement Renewal Terms
• 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
•
RENTON CITY COUNCIL
Regular Meeting
February 5,2007 Council Chambers
Monday, 7 p.m. MINUTES Renton City Hall
CALL TO ORDER Mayor Kathy Keolker called the meeting of the Renton City Council to order
and led the Pledge of Allegiance to the flag.
ROLL CALL OF TONI NELSON, Council President; RANDY CORMAN; DON PERSSON;
COUNCILMEMBERS DAN CLAWSON. MOVED BY NELSON, SECONDED BY CORMAN,
COUNCIL EXCUSE COUNCILMEMBERS MARCI PALMER, TERRI
BRIERE,AND DENIS LAW. COUNCIL CONCUR.
CITY STAFF IN KATHY KEOLKER, Mayor;JAY COVINGTON, Chief Administrative
ATTENDANCE Officer; LAWRENCE J. WARREN, City Attorney; BONNIE WALTON, City
Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works
Administrator; TERRY HIGASHIYAMA, Community Services Administrator;
PETER RENNER, Facilities Director; ALEX PIETSCH, Economic
Development Administrator; MARTY WINE, Assistant CAO; DEPUTY
CHIEF TIM TROXEL and COMMANDER DAVID LEIBMAN, Police
• Department.
ADMINISTRATIVE Chief Administrative Officer Covington reviewed a written administrative
REPORT report summarizing the City's recent progress towards goals and work programs
adopted as part of its business plan for 2007 and beyond. Items noted included:
* Boys and girls ages six to fourteen years are invited to test their free throw
skills at the Renton Hoop Shoot on February 11 at the Renton Community
Center.
• The U.S. Department of Homeland Security awarded the City of Renton
Fire Department a$429,420 grant through the Assistance to Firefighters
grant program. Grant funds will be used to replace aging personal
protective equipment, hoses, and self-contained breathing apparatuses.
* The main runway of Boeing Field is scheduled to be closed nightly from
9 p.m. to 4 a.m. beginning February 6, and continuing through February 8.
The closure will allow completion of construction punchlist items, and is
weather-dependent. Renton Municipal Airport may experience additional
landings and takeoffs during the closure.
* The City has installed flashing beacon systems and radar speed signs at
several area elementary schools, including Talbot Hill,Kennydale,
Highlands, and Sierra Heights. The plan is to complete installation at
several additional schools during the 2007-2008 school year.
AUDIENCE COMMENT Jerry Puckett, 15260 Oak Dr., Renton, 98058, indicated that Assistant CAO
Citizen Comment: Puckett- Wine offered to speak at an upcoming Wonderland Estates Mobile Home Park
Wonderland Estates Mobile community meeting regarding the property's zoning. Additionally, he issued an
Home Park,Zoning invitation to the mobile home park's Saturday pancake breakfast fundraiser.
Citizen Comment: Flynn- James Flynn, 18211 112th Ave. SE, Renton, 98055, stated that the residents of
Benson Hill Communities Benson Hill communities have gathered signatures for an annexation petition.
Annexation He asked Council to accept the petition and adopt a resolution tonight to place
the issue of the Benson Hill Communities annexation to Renton on the
November 2007 ballot. Mr. Flynn indicated that Benson Hill communities and
Renton are facing times of rapid growth, Renton with commerce and industry
February 5,2007 Renton City Council Minutes Page 30
and Benson Hill with residential development, which connect the communities.
He detailed how the two communities are connected,pointing out that Benson
Hill residents work, shop and play in Renton, and he explained why Renton
should take action on the issue now. Mr. Flynn noted that any delay raises the
risk of increased opposition.
Assistant CAO Wine stated staffs intent to bring the item before Council at its
February 12 meeting. She noted that Council has until March 19 to take action
on the annexation petition. Ms. Wine indicated that if this goes forward on the
February 12 or February 26 Council agenda, it may be possible to place the
issue on the November 2007 ballot.
Citizen Comment: Hickling- Jan Hickling, 1919 Talbot Rd. S., Renton,98055,expressed her opposition to
Jet Center at Airport the proposed jet center at the Renton Airport. She referred to a publication that
indicated that microjets will begin to enter the active fleet in 2006 reaching
4,950 aircraft by 2017. Saying that it is unreasonable to assume a lot of these
planes are going to make Renton their home, Ms. Hickling pointed out that the
older, loud jets will use the airport. She noted that once the jet center is open,
the City will not be able to control the time, height,or the number of jets
landing and taking off from the airport. Ms. Hicks voiced her support for
leaving the airport the way it is.
Citizen Comment: Hicks- Barb Hicks, 10402 151st Ave. SE, Renton, 98059, expressed concern pertaining
2006 Comprehensive Plan to the notification regarding the Kennydale Blueberry Farm Comprehensive
Amendments, Kennydale Plan item listed on the Council meeting agenda under Unfinished Business. She
Blueberry Farm stated that a number of parties of record would like to speak on this topic, and
the matter should be deferred to the next Council meeting.
Council discussion ensued regarding the notification process, and the
notification made for the Planning and Development Committee meeting held
on February 1 concerning this matter.
Citizen Comment: O'Connor- William O'Connor, 10402 151st Ave. SE, Renton, 98059, stated that although
2006 Comprehensive Plan the Planning and Development Committee report regarding the Kennydale
Amendments,Kennydale Blueberry Farm Comprehensive Plan amendment was listed on the Council
Blueberry Farm meeting agenda,the related ordinance was not. Therefore, he did not expect
that any action on the ordinance would take place this evening. Mr. O'Connor
requested that the matter be deferred until the next Council meeting.
Citizen Comment: Grimit- Kari Grimit, 11437 SE 180th Pl., Renton, 98055, voiced support for the
Benson Hill Communities annexation of the Benson Hill communities to Renton. She asked that Renton
Annexation place importance on proper community planning in the area,as there has been a
lack of planning by King County in regards to traffic. Ms. Grimit stated her
hope that Renton will want to annex the area, and will also carefully review the
area's issues related to zoning, traffic,police, fire, and parks.
Citizen Comment: Stevens - Elizabeth Stevens, 353 Taylor Ave. NW, Renton, 98057, expressed her
Airport-Related Noise frustration regarding obtaining information concerning the corporate jet noise at
the Renton Airport. Ms. Stevens stated that she was provided information that
she had previously asked for; however, her request for an additional document
has not yet been fulfilled. City Clerk Walton indicated that the matter will be
addressed.
Citizen Comment: Harris - Kristen Harris, 10945 SE 168th St., Renton, 98055, stated that she is a member
Benson Hill Communities of the Benson Hill Communities Progress Group, and pointed out that
Annexation development will continue to occur in Benson Hill whether the area is annexed
or not. She suggested that Renton accept the annexation with the existing King
February 5,2007 Renton City Council Minutes Page 31
County regulations rather than stall the annexation, and then take the time once
the area is annexed to review the zoning.
CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the
listing.
Council Meeting Minutes of Approval of Council meeting minutes of 1/22/2007. Council concur.
1/22/2007
Community Services: Parks Community Services Department recommended approval of a sublease with
Maintenance Facility Sublease, United Rentals Northwest, Inc. for a temporary Parks Maintenance Facility at
United Rentals Northwest 1100 Bronson Way N.; expenditure $382,691. Refer to Finance Committee.
Planning: City Code Amends Economic Development, Neighborhoods and Strategic Planning Department
re R-4 Zone&Tree Retention submitted City Code amendments pertaining to: R-4 zone development
&Animal Regulations clustering; R-1, R-4, and R-8 zone design standards; tree retention; and animal
regulations. Refer to Planning and Development Committee; set public hearing
on 2/26/2007.
EDNSP: Renton Community Economic Development,Neighborhoods and Strategic Planning(EDNSP)
Marketing Campaign, Department recommended approval of a contract with Hamilton/Saunderson
Hamilton/Saunderson Marketing Partnership in an amount not to exceed $150,000 for management of
Marketing Partnership the Renton Community Marketing Campaign. (Funding includes: $85,000 in
allocated lodging tax collections and$65,000 from EDNSP Department
business recruitment budget, key stakeholders, and other community agencies,
organizations, and businesses.) Council concur.
EDNSP: Renton Visitors Economic Development,Neighborhoods and Strategic Planning Department
Connection Tourism Efforts, recommended approval of a contract with the Greater Renton Chamber of
Chamber of Commerce Commerce in the amount of$125,000 for the Renton Visitors Connection 2007
tourism marketing efforts. (Funded by allocated lodging tax collections in the
amount of$125,000.) Council concur.
Fire: 2006 Flood Damages, Fire Department recommended approval of an agreement with the Washington
WA State Military Department State Military Department for a public assistance grant to receive up to 75
Grant percent of the eligible non-insurance covered damages sustained by the City
during the 2006 flooding event. Initial damage assessment is $5,019,233.
Council concur.
Human Resources: 2007 Human Resources and Risk Management Department recommended approval of
Claims Processing, Healthcare the 2007 administrative services agreement and fee schedule for City employee
Management Administrators medical, dental, and prescription claims processed by Healthcare Management
Administrators, Inc. and Prescription Card Services/Caremark. Council concur.
Human Resources: Human Resources and Risk Management Department recommended
Reclassifications(Eight reclassification of eight positions, including: Payroll Analyst, Museum
Positions) Supervisor, Community Relations Specialist, Grounds Equipment Mechanic,
Vehicle& Equipment Mechanic I, Lead Vehicle&Equipment Mechanic,
Secretary I, and Domestic Violence Victim Advocate. Refer to Finance
Committee.
Latecomer Agreement: Technical Services Division requested final approval of the 15-year latecomer
Wyman, Sewer Extension (SE agreement submitted by Kevin Wyman for sewer main extension along SE
132nd St), LA-05-003 132nd St., and requested authorization to finalize the agreement per City Code.
Refer to Utilities Committee.
February 5,2007 Renton City Council Minutes Page 32
Transportation: 2007 Citywide Transportation Systems Division recommended approval of an agreement with
Walkway Study, Mirai Mirai Associates, Inc. in the amount of$75,849 for the 2007 Citywide
Associates Comprehensive Walkway Study. Refer to Transportation(Aviation)
Committee.
CAG: 06-124,2006 Citywide Transportation Systems Division submitted CAG-06-124, 2006 Citywide
Sidewalk, Dennis R Craig Sidewalk; and requested approval of the project, authorization for final pay
Construction estimate in the amount of$22,187.58, commencement of 60-day lien period,
and release of retained amount of$19,882.36 to Dennis R. Craig Construction,
Inc., contractor, if all required releases are obtained. Council concur.
Transportation: FlexPass Transportation Systems Division recommended approval of a contract with
Program,King County& King County, Sound Transit, and Pierce Transit to continue the FlexPass
Sound Transit&Pierce Transit Commute Trip Reduction Program for City employees in the amount of$22,770
for 2007-2008. Council concur.
Transportation: 108th Ave Transportation Systems Division recommended approval of an agreement with
SE/SE 168th St Intersection King County regarding cost sharing of the improvements to the intersection of
Improvements, King County 108th Ave. SE and SE 168th St. (Benson Rd. S. and S. 31st St.). City cost share
for construction limited to$312,000 plus in-kind services. Council concur.
(See page 34 for resolution.)
Transportation: I-405 (I-5 to Transportation Systems Division recommended approval of an agreement with
SR-169) Stage 1 Widening, Washington State Department of Transportation defining roles and
WSDOT responsibilities for the design, construction, and operation of the I-405,I-5 to
SR-169 Stage 1 Widening Project. Refer to Transportation(Aviation)
Committee.
CAG: 06-141, May Creek Utility Systems Division submitted CAG-06-141,May Creek Bank
Bank Stabilization Edmonds Stabilization at Edmonds Ave. Outfall Storm Replacement; and requested
Ave Outfall Replacement,Fury approval of the project, authorization for final pay estimate in the amount of
Construction $10,875, commencement of 60-day lien period, and release of retainage bond in
the amount of$6,953 to Fury Construction, LLC, contractor, if all required
releases are obtained. Council concur.
CAG: 06-007, Utility Rates& Utility Systems Division recommended approval of Addendum#3 to CAG-06-
System Development Charges 007, contract with Financial Consulting Solutions Group, Inc. for
Study, Financial Consulting comprehensive study and analysis of utility rates and system development
Solutions Group charges, which increases the project budget by $9,580 and extends the contract
to 12/31/2007. Council concur.
Responding to Councilmember Persson's inquiry regarding the afore-mentioned
consent agenda item pertaining to the utility rates and systems development
charges study, Planning/Building/Public Works Administrator Zimmerman
explained that the contract addendum adds items not in the original scope of the
contract such as rate design, and an improved conservation program for the rate
structure that involves the possibility of imposing a block structure that is
different than the City's current block structure.
MOVED BY NELSON, SECONDED BY CLAWSON, COUNCIL APPROVE
THE CONSENT AGENDA AS PRESENTED. CARRIED.
UNFINISHED BUSINESS Council President Nelson presented a Committee of the Whole report
Committee of the Whole recommending concurrence in the staff recommendation to approve the Henry
Community Services: Henry Moses Aquatic Center fees for 2007, including daily fees,passes, swim lessons,
Moses Aquatic Center Fees group rates, canopy rentals, school parties,and private rentals. The Committee
further recommended that the ordinance regarding the fees be presented for first
February 5,2007 Renton City Council Minutes Page 33
reading. MOVED BY NELSON, SECONDED BY CLAWSON, COUNCIL
CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 34 for
ordinance.)
CAG: 05-165,NE Sunset Council President Nelson presented a Committee of the Whole report
Blvd/Duvall Ave NE recommending concurrence in the staff recommendation to transfer$430,000
Intersection Improvements, from the 2007 Duvall Ave. Widening Project to the construction phase of the
Sanders General Construction, NE Sunset Blvd. (SR-900)/Duvall Ave. NE Intersection Improvements Project.
Fund Transfer The Committee also recommended that Change Order 1 to the intersection
improvements project contract(CAG-05-165)with Sanders General
Construction Company be approved in order to perform additional work
necessary to complete the project,to extend the completion date by 21 working
days, and to increase the construction contract cost by $157,132.51.
The Committee further recommended that the budget amendment for this matter
be presented as part of the 2006 Carry Forward Ordinance. MOVED BY
NELSON, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE
COMMITTEE REPORT. CARRIED.
Community Services Community Services Committee Chair Corman presented a report
Committee recommending concurrence in the staff recommendation to approve Mayor
Appointment: Library Board Keolker's appointment of Amy Pieper to the Library Board for a term expiring
6/1/2012. MOVED BY CORMAN, SECONDED BY CLAWSON,COUNCIL
CONCUR IN THE COMMITTEE REPORT. CARRIED.
Appointment: Municipal Arts Community Services Committee Chair Corman presented a report
Commission recommending concurrence in the staff recommendation to approve Mayor
Keolker's appointment of Britt Peterson to the Municipal Arts Commission for
an unexpired term expiring 12/31/2009.*
Councilmember Corman introduced Ms. Peterson who was present in the
audience.
*MOVED BY CORMAN, SECONDED BY PERSSON, COUNCIL CONCUR
IN THE COMMITTEE REPORT. CARRIED.
Utilities Committee Utilities Committee Chair Clawson presented a report recommending
Utility: Initial concurrence in the staff recommendation to approve the utilities cooperation
Infiltration/Inflow Reduction, agreement with King County for the Initial Infiltration/Inflow Reduction
King County Project,which allows King County to implement flow reduction repairs within a
portion of Renton's sewer service area. The Committee recommended that the
Mayor and City be authorized to execute the agreement. The Committee further
recommended that the resolution regarding this matter be presented for reading
and adoption. MOVED BY CLAWSON, SECONDED BY CORMAN,
COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See
page 34 for resolution.)
Planning& Development Planning and Development Committee Vice Chair Clawson announced that the
Committee Kennydale Blueberry Farm Comprehensive Plan amendment item will be
Comprehensive Plan: 2006 reported out at the next Council meeting.
Amendments, Kennydale
Blueberry Farm
RESOLUTIONS AND The following resolutions were presented for reading and adoption:
ORDINANCES
February 5,2007 Renton City Council Minutes Page 34
Resolution#3853 A resolution was read authorizing the Mayor and City Clerk to enter into an
Transportation: 108th Ave agreement with King County regarding the improvements to the intersection of
SE/SE 168th St Intersection 108th Ave. SE and SE 168th St. MOVED BY PERSSON, SECONDED BY
Improvements, King County NELSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED.
Resolution#3854 A resolution was read authorizing the Mayor and City Clerk to enter into a
Utility: Initial utilities cooperation agreement between the City of Renton and King County to
Infiltration/Inflow Reduction, allow King County to perform an Initial Infiltration/Inflow Reduction Project
King County within a portion of Renton's system. MOVED BY CLAWSON, SECONDED
BY CORMAN, COUNCIL ADOPT THE RESOLUTION AS READ.
CARRIED.
The following ordinance was presented for first reading and referred to the
Council meeting of 2/12/2007 for second and final reading:
Community Services: Henry An ordinance was read amending Section 5-1-7, Aquatic Center Admission
Moses Aquatic Center Fees Fees, of Chapter 1, Fee Schedule, of Title V (Finance and Business
Regulations)of City Code by setting 2007 rates and fees for the Henry Moses
Aquatic Center. MOVED BY NELSON, SECONDED BY CORMAN,
COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL
READING ON 2/12/2007. CARRIED.
NEW BUSINESS Referring to the potential siting of an arena for the Seattle Sonics professional
Planning: Sonics Arena in basketball team in Renton, Councilmember Persson stated for the record that the
North Renton Council, Mayor, and City staff have not made any promise to the Sonics to use
new or existing City revenue sources or other assets if they relocate to Renton.
Mayor Keolker confirmed that the City has not made any assurances to the
Sonics. She stressed that Council will be kept informed of any developments.
AUDIENCE COMMENT Jerry Puckett, 15260 Oak Dr., Renton, 98058, resident of the Wonderland
Citizen Comment: Puckett- Estates Mobile Home Park, said that residents try to get along with the owner of
Wonderland Estates Mobile the park since they are trying to purchase the park. He noted that the mobile
Home Park home park's situation has received attention from the media. He further noted
that six of the park's residents recently went to Olympia to attend State
legislative hearings regarding the topic of mobile home parks.
Citizen Comment: Flynn- In response to the inquiry of James Flynn, 18211 112th Ave. SE, Renton,
Benson Hill Communities 98055, as to why his correspondence was not listed on the Council meeting
Annexation agenda, Councilmember Corman requested that the letter be read into the
record.
A letter was read from James Flynn, Benson Hill Communities Progress Group
Member, 18001 113th Ave. SE, Renton, 98055, stating that King County has
certified enough petition signatures to annex Benson Hill Communities to
Renton. He requested that this matter be part of the City Council meeting
agenda on 2/5/2007. Additionally,he requested that the task force assigned to
this matter include significant representation from the Benson Hill Communities
Progress Group, and that the land use review be assigned high priority.
Responding to Councilmember Corman's inquiry as to the timing of the
annexation, Mr. Flynn noted the deadlines set throughout the annexation
process, and the need to address the matter this evening in order to achieve
placement of the issue on the November 2007 ballot.
Assistant CAO Wine confirmed that Council received an annexation petition
with a sufficient number of signatures. From the date of receipt, Council has 60
February 5,2007 Renton City Council Minutes Page 35
days to act, which is until March 19. She stated that it may be possible to meet
the November 2007 election date if the matter is brought before Council for its
consideration by the end of February or early March.
ADJOURNMENT MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL ADJOURN.
CARRIED. Time: 8:04 p.m.
-ivh a,. J CJa to
Bonnie I. Walton, CMC, City Clerk
Recorder: Michele Neumann
February 5, 2007
RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR
Office of the City Clerk
COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING
February 5, 2007
COMMITTEE/CHAIRMAN DATE/TIME , AGENDA
COMMITTEE OF THE WHOLE MON., 2/12 East Renton Plateau Election Briefing;
(Nelson) 6 p.m. Medic One Levy Briefing
COMMUNITY SERVICES
(Corman)
FINANCE MON., 2/12 Vouchers;
(Persson) 4 p.m. Issaquah & Kent School District Impact
Fees;
Hiring Building Inspector at Step D;
Position Reclassifications;
Sublease with United Rentals Northwest
for Temporary Parks Maintenance Facility
PLANNING & DEVELOPMENT THURS., 2/08 Linn Office Conversion Landscape
(Briere) 1 p.m. Variance Appeal
*Council Chambers*
Approximately City Code Amendments re: R-4 Zoning
2 p.m. Standards, Tree Retention & Animal
Regulations
*Council Conference Room*
PUBLIC SAFETY
(Law)
TRANSPORTATION (AVIATION) WED., 2/07 Renton Airport Advisory Committee
(Palmer) 4 p.m. Additional Voting Members;
Agreement with WSDOT for I-405, I-5 to
SR-169 Stage 1 Widening Project;
Agreement with Mirai Associates for
2007 Citywide Walkway Study;
Downtown Wayfinding System Request
for Proposals (briefing only);
Local and Regional Transportation Issues
Update
UTILITIES
(Clawson)
NOTE: Committee of the Whole meetings are held in the Council Chambers unless otherwise noted. All other committee meetings are held in the Council
Conference Room unless otherwise noted.
�<VI 0 ADMINISTRATIVE, JUDICIAL, AND
$� ♦ LEGAL SERVICES DEPARTMENT
•
CO,
MEMORANDUM
DATE: February 5, 2007
TO: Toni Nelson, Council President
Members of the Renton City Council
FROM: Kathy Keolker, Mayor
Jay Covington, Chief Administrative Officer
SUBJECT: Administrative Report
In addition to our day-to-day activities, the following items are worthy of note for this week:
GENERAL INFORMATION
• Renton gained national attention when an article highlighting local revitalization and economic
development was published January 3rd in the New York Times. The article also appeared in the
Chicago Tribune on January 21st. A link to the article is available on the homepage of the City's
website, www.rentonwa.gov. Hard copies can be obtained by calling the Mayor's Office at 425-
430-6500.
COMMUNITY SERVICES DEPARTMENT
• For the first time, the City of Renton joined the "One Night Count" program, a regional effort to
count the homeless in the community with a goal to end homelessness. During the early morning
hours of January 26th, City staff and volunteers walked through Renton to count the homeless.
Initial results indicate a total of 56 unsheltered homeless individuals in Renton. Staff will provide
a complete briefing to Council's Committee of the Whole on March 5th on the One Night Count
effort and the 10-Year Plan to End Homelessness.
• The Recreation Division is hosting the annual Preschool Information Night on Tuesday, February
6th, from 6:30 to 8:00 p.m. at the Renton Community Center. This is a great opportunity for
parents to explore preschool options for their children. More than 15 local preschools will be on
hand to share information regarding their curriculum, hours, tuition, and registration process for the
2007-2008 school year. For more information, call 425-430-6700 or visit www.rentonwa.gov.
• Boys and girls ages 6 to 14 years are invited to test their free throw skills at the Renton Hoop Shoot
on Sunday, February 11th, beginning at 2:00 p.m. Participants will be divided into age categories,
with the first and second place winners from each category advancing to compete against other
winners throughout the greater Seattle area. A $2 fee is payable at the door. Call 425-430-6700 or
visit www.rentonwa.gov for further information.
FINANCE/INFORMATION SERVICES DEPARTMENT
• As one of nine cities participating in a regional study, the City of Renton recently mailed a survey
to citizens of Renton and one to the business community to get a better understanding of the
wireless/broadband needs of our community. Over 300 completed surveys (a 10 percent response
rate) had been returned by last week. A follow-up email has also been sent, inviting businesses and
residents to participate in focus group discussions. The focus groups are scheduled on February 8
at City Hall, from 1:00 to 3:00 p.m. for the business community and from 3:00 to 5 p.m. for the
residential group.
Administrative Report
February 5,2007
Page 2
FIRE DEPARTMENT
• The U.S. Department of Homeland Security recently awarded the City of Renton Fire Department
a $429,420 grant through the Assistance to Firefighters grant program. Grant funds will be used to
replace aging personal protective equipment, hose, and self-contained breathing apparatus. The
grant will allow the department to ensure our firefighters are outfitted with the latest equipment
that meets current industry safety standards and will help the Fire Department go from a "reactive"
to a more "proactive"posture on replacement of this type of equipment.
PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT
• The main runway of Boeing Field is scheduled to be closed nightly from 9:00 p.m. to 4:00 a.m.
beginning Tuesday, February 6th, and continuing through Thursday, February 8th. The closure
will allow completion of construction punchlist items, and is weather-dependent. Renton
Municipal Airport may experience additional landings and takeoffs during the closure.
• On January 26th, RTID's Executive Board approved a preliminary plan, including regional funds,
for major road and bridge improvements. Several of Renton's priorities were on the list including
SR 167 ($410 million), SR 167/I-405 HOV to HOV connection ($380 million), and I-405 from
Renton to Bellevue ($1.145 billion). If approved by voters in November, the plan would result in
the most significant regional transportation investments since the freeway system was built 50
years ago.
• The City has successfully installed flashing beacon systems and radar speed signs at several area
elementary schools, including Talbot Hill Elementary, Kennydale Elementary, Highlands
Elementary, and Sierra Heights Elementary. The plan is to complete installation at several
additional schools during the 2007-2008 school year.
v /%e/z &-
„ al is Fl yi.r n
James Flynn /
18211 112t Ave SE l / G��d r/
/
Renton, WA 98055
Renton City Council
1055 South Grady Way
Renton, WA 98057
Phone: (425)430-6501
TOPIC: request Renton City Council pass a resolution to accept a petition signed by
more than ten percent of registered voters of the Benson Hill Communities to place
annexation to the City of Renton on the November 2007 election ballot.
Residents of Benson Hill Communities have been working for one year, including
two signature drives,with the idea to petition the City of Renton to place the annexation
issue on the November 2007 ballot for a fmal decision of the voters.
Are you willing to pass a resolution,tonight, accepting a petition to place the
annexation of the Benson Hill Communities to the City of Renton on the November 2007
ballot?
Two weeks ago in an article in the Renton Reporter, obviously directed to you,
those involved in the decision making process for the City of Renton, insinuated the
citizens of the city should be hesitant to accept the rapid growth that annexation will
bring. It is ironic that the writer ended the essay saying"new friends are silver and old
ones gold." Many of us feel it would be better to extend the metaphor by saying, "We
see a golden opportunity for the City of Renton to add some silver to its coffers."
RE: 0.2%of sales tax revenue allowed by SSB 6686,
Inter-local agreement negotiations between King County and Renton,
Reduced costs of November ballot versus February or other ballot,
Separately, the Benson Hill Communities and Renton are facing times of Rapid Growth,
Renton with commerce and industry and Benson Hill with residential development.
These same forces that are driving growth also serve to connect our communities.
Mr. Radford's gold and silver article indicates a lack of awareness of the long
history our communities share and the connection we have with each other.
The people who live in the Benson Hill Communities work, shop,buy appliances and
cars in Renton. I just bought a fifty-inch plasma TV at Frys. Our children attend the
same schools,play in the same sports leagues like the Seamount league,we go down the
hill to Renton for parks and recreation. If we go to dinner and a show we go to Renton.
We expect to go to professional sporting events in Renton soon. WE serve on jury duty
at the Renton District Court. We are,and we have been, closely connected since John
Benson built a two-mile road,running adjacent to this building complex, to his property
and the farming community of Spring Glen at the top of the hill.
Over the years we shared many of the same negative forces affecting our
community. When PacCar lost an important contract and left their Renton location, my
neighbors and I lost very good family wage jobs. The same result occurred when Hormel
moved from their location on Seventh Ave.
Now the same influences that deny the connections between our communities
would offer delaying the process as a solution the annexation issue. They say we need
more information. When the requested facts are presented they say, "We need to analyze
this some more, bring us more facts."
By taking action tonight,passing a resolution accepting the petition, and placing
annexation on the November ballot,you allow the City of Renton and the people of the
community to take advantage of the Sales Tax revenue allowed by SSB 6686, Inter-local
agreement negotiations between King County and Renton,reduced costs of a November
ballot versus February or later ballot, costs of extra public meetings and publications.
An early ballot will save personal costs to individuals of the Benson Hill
Communities Progress Group including petition drives, communications, meetings,
including providing refreshments to attendees,web page development and maintenance
and newsletter publication, making and posting signs and other incidentals that we share
out of pocket among the nine active members.
Any delay raises the risk of increased opposition leading to frustration and
cynicism seen in indecisive cities like Seattle with the Alaska Way Viaduct or the
Monorail problems.
Benson Hill Communities see the City of Renton who share our border,as a
fantastic neighbor as well as a friend and ally. King County and the State of Washington
have awakened the voters of unincorporated areas of King County to the fact that we
must be more than neighbors by annexing to adjacent cities as soon as possible.
The residents of Benson Hill Communities have done everything within their
power to bring the issue to a point where we can move forward. Now you, the Renton
City Council, are the one who must ultimately decide to adopt a resolution supporting an
election to allow all of us a vote to annex. Your constituents expect you to be confident,
thoughtful and intuitive and able to make decisions based on your observations.
Please, tonight,pass a resolution to accept the petition to annex and pass the
resolution and petition to the County Clerk and Boundary Review Board so that the
petition can be placed on the November 2007 Ballot.
James J Flynn
CITY OF RENTON COUNCIL AGENDA BILL
AI#: f
Submitting Data: Community Services For Agenda of:
Dept/Div/Board. Facilities February 5, 2007
Staff Peter Renner, Facilities Director, Agenda Status
Contact Ext. 6605
Consent X
Subject: Public Hearing..
Approval of Sublease with United Rentals Northwest Inc., Correspondence..
for a temporary Parks Maintenance Facility at 1100 Ordinance
Bronson Way North. Resolution
Old Business
Exhibits: New Business
Issue Paper Study Sessions
Sublease (United Rentals & Renton) Information
Lease (R&J Properties & United Rentals)
Recommended Action: Approvals:
Refer to Finance Committee. Legal Dept X
Finance Dept X
Risk Management X
Fiscal Impact:
Expenditure Required... $175,976.00 Rent + NNN Transfer/Amendment
+modifications+move -
2007
$100,812 - 2008
$105,903 - 2009
Amount Budgeted Revenue Generated
Total Project Budget $382,691 City Share Total Project..
SUMMARY OF ACTION:
The current Parks Maintenance Facility at Cedar River Park will be demolished as a part of the Hwy.
169 widening project in 2007. A suitable and available temporary replacement site has been located.
Some simple building modifications are required to bring it into compliance for its intended use, as is a
Use Permit.
STAFF RECOMMENDATION:
Approve the expenditure of$382,691 for a sublease with United Rentals Northwest Inc, and authorize
the Mayor and City Clerk to sign it. Funds are available from the 316 Reserve Fund that Council set
aside for a variety of possible projects, including a new Parks/Facilities Maintenance Facility.
Rentonnet/agnbil/ bh
U�Y 0� COMMUNITY
® SERVICES DEPARTMENT
lease
MEMORANDUM
DATE: January 19, 2007
TO: Toni Nelson, Council President
Members of the Renton City Council
VIA: Yc',,lathy Keolker, Ma or
FROM: ha
Terry Higashiyama, Community Services Administrator
STAFF CONTACT: Peter Renner, Facilities Director, Extension 6605
SUBJECT: Temporary Relocation of Cedar River Park Maintenance
Shop
Issue:
Should the Council approve a sublease with United Rentals Northwest, Inc., for a
building at 1100 Bronson Way N., authorize the Mayor and City Clerk to sign the
Sublease Agreement, and approve the expenditure of$80,000 for one-time expenses and
equipment. Funding from the 316 Fund Reserve would have to be appropriated through a
separate Budget Amendment.
Noisy
Recommendation:
Council approve the sublease with United Rentals Northwest, Inc., authorize the Mayor
and City Clerk to sign the Sublease Agreement, and approve the expenditure of$80,000
for one-time expenses and equipment. Until funds are transferred from the 316 Fund
Reserve, expenditures will be made from other planned 3rd and 4th Quarter 316 Fund
projects.
Background:
• A new Parks and Facilities Maintenance Shop is in the planning and
development stage. While development of a site may be possible in 2007, the
completion of buildings is not likely within the year.
• A City and State Transportation project on SR169 will require the demolition
of the existing Cedar River Park maintenance facility. Temporary quarters are
required.
• There are limited temporary rentable sites available that meet the particular
requirements of a parks maintenance facility, specifically a relatively small
building area and a relatively large fenced equipment storage area. The
former United Rentals building on Bronson Way N is suitable, ideally located,
and available.
• Some compliance improvements will be necessary, including bathrooms with
showers, lighting improvements, and the removal of some non-bearing
Niue
h:\peter renner\peter renner 2007\infopaperurentalsubl.doe
Mrr
Addressee Name
Page 2 of 2
Date of Memo
partitions. IT requirements are minimal. The Community Services
Department can perform the move internally.
• Any new equipment that may be required will be specified by the architect
*410
developing the permanent shops facility so that it can be reused in a new
facility.
• Local commercial brokers have reviewed the lease and determined that it is
well within market rates and conditions.
• The City Attorney and Risk Management Administrator have reviewed the
sublease and found it suitable with certain conditions met. In the course of
our due diligence, those conditions have been satisfied.
• The essential business points of the lease are as follows:
o The property is almost an acre, and the buildings total 13,431 ft2.
o Lease term is three years, with an early termination option.
o It is a triple net (NNN) lease.
o The effective lease rate starts at roughly$7.00 ft2.
o The monthly rent starts at $7,648.00/month for the first year, increases
to $8,030.00 in the second year, and to $8,432.00 in the third year.
o There are two one-year renewal options.
Conclusion:
Subleasing the United Rentals building provides us with a suitable temporary location for
the Cedar River Parks Maintenance staff while we continue the development of a new
maintenance facility.
Attachments
cc: Mike Bailey,FIS Administrator
h:\peter renner\peter renner 2007\infopaperurentalsubl.doc
SUBLEASE AGREEMENT
BETWEEN
UNITED RENTALS NORTHWEST,INC.,AS SUBLANDLORD
AND
CITY OF RENTON, WASHINGTON,AS SUBTENANT
iiftwe
1100 Bronson Way North
Renton, Washington 98055 [#388]
err
aserk
1100 Bronson Way North
Renton,Washington I#3881
SUBLEASE
THIS SUBLEASE (this "Sublease") is made as of , 2007, by and between
UNITED RENTALS NORTHWEST, INC., an Oregon corporation, having an address at Five
Greenwich Office Park, Greenwich, Connecticut 06831-5180 (the "Sublandlord") and the CITY OF
RENTON, WASHINGTON, a municipal corporation, having an address at 1055 South Grady Way,
Renton Washington 98057(the "Subtenant"), ,with reference to the following facts:
RECITALS:
A. Sublandlord is the successor "Tenant" under that certain Lease dated on or about March 11,
1999 (the "Original Lease"), as amended by Lease Amendment No. 1 dated as of January), 2003
("Al"), wherein R&J Properties, LLC (the "Landlord"), leased to United Rentals, Inc., predecessor in
interest to Sublandlord the premises located 1100 Bronson Way North, Renton, Washington, including a
13,431 square foot building (the "Building") and 44,120 square feet of land (collectively, the "Master
Premises"). The foregoing described Original Lease and Al and existing schedules or addenda thereto
are attached hereto as Exhibit A, and,together with any further amendments hereafter made to such Lease
are hereinafter collectively referred to as the "Master Lease".
B. Sublandlord desires to sublease to Subtenant, and Subtenant desires to sublease from
Sublandlord,the Master Premises under the terms and provisions set forth herein.
C. All capitalized terms used in this Sublease and not specifically defined herein shall have the
meanings given to them in the Master Lease.
AGREEMENT v•rri
NOW, THEREFORE, for valuable consideration, Subtenant and Sublandlord hereby agree as
follows:
1. PREMISES. Sublandlord hereby subleases to Subtenant, and Subtenant hereby subleases
from Sublandlord, on the terms and conditions set forth in this Sublease, the Master Premises,all as more
specifically described and depicted in Exhibit B attached hereto and made a part of this Sublease (the
"Subleased Premises").
2. SUBLEASE TERM.
2.1 Initial Sublease Term. The term of this Sublease (the "Sublease Term" or
"Term") and Subtenant's rental obligations hereunder shall be deemed to have commenced on February
1, 2007 (the "Sublease Commencement Date"). Unless otherwise terminated pursuant to the provisions
hereof,the Sublease Term shall terminate on the earlier to occur of(a) 11:59 PM on January 31, 2010(the
"Initial Termination Date") or (b) the date on which occurs a termination of Sublandlord's interest as
Tenant under the Master Lease. Notwithstanding anything to the contrary in subsection (b) hereof, if
Sublandlord's interest as Tenant under the Master Lease is terminated, but Sublandlord simultaneously
assigns its rights under this Sublease to Master Landlord, then this Sublease shall remain in full force and
effect, unless terminated by Master Landlord, in Master Landlord's sole discretion. As used herein, the
term"Lease Year" shall mean every period of 12 consecutive months during the Sublease Term.
2.2 Option To Extend. Subject to the provisions of this Section 2.2, Subtenant shall
have the right to extend the Sublease Term as follows:
`wr
2.2.1 Extension Terms. Subtenant may extend the Sublease Term for two (2)
additional periods of one (1) year each (each, an "Extension Term"). The first Extension Term shall
commence on February 1, 2010 and, unless sooner terminated, shall terminate on the earlier to occur of
(a) January 31, 2011, or (b) the date on which occurs a termination of the Master Lease. The second
Extension Term shall commence on February 1, 2011 and, unless sooner terminated, shall terminate on
the earlier to occur of(a) January 31, 2012, or(b) the date on which occurs a termination of the Master
Lease. The parties acknowledge that the term of the Master Lease currently expires December 31, 2017
subject to Sublandlord's options, if any, to extend the term of the Master Lease.
2.2.2 Conditions To Exercise. Subtenant may exercise its options to extend
the Sublease Term under this Section 2.2 (a) subject to the conditions of Section 2.2.1 above; (b) only if
the Master Lease has not terminated, by expiration or otherwise, as of the date of Subtenant's exercise; (c)
only by giving Sublandlord written notice of such exercise no later than one hundred twenty (120) days
prior to the Initial Termination Date (or the expiration of the applicable Extension Term, as appropriate),
and (d) only if Subtenant is not in default under this Sublease as of the date of Subtenant's exercise or as
of the commencement date of the Extension Term. If Subtenant fails to exercise its right to extend in
accordance with this Section 2.2, then such right shall immediately terminate. If Subtenant does exercise
such right to extend in accordance with this Section 2.2, then the Sublease Term shall be extended as
provided herein subject to the agreements, covenants, conditions and provisions set forth in this Sublease
(with the exception of the rights to extend contained in this Section 2.2, which shall not renew beyond as
set forth herein).
2.3. Early Termination Option. At any time after January 31, 2009, Subtenant shall
Norio have the right to terminate this Sublease effective at any time thereafter by providing Sublandlord at least
90 days' prior notice of Subtenant's intention to terminate on the date specified in Subtenant's notice and
paying a cancellation charge equal to the sum of six (6) months' Base Rent, which monthly Base Rent
rate shall be the same rate paid during the month immediately preceding the effective date of the
cancellation of this Sublease. If Subtenant exercises the early termination right in accordance with this
Section 2.3, this Sublease and the Sublease Term shall come to an end on the date specified by Subtenant
in Subtenant's notice with the same force and effect as if the Sublease Term were, by the terms hereof,
fixed to expire on such date.
2.4 Possession. In the event Sublandlord is unable to deliver possession of the
Subleased Premises to Subtenant on the above-described Sublease Commencement Date for any reason,
Sublandlord shall not be liable for any damage caused thereby, nor shall the Sublease Term be extended
by such delay, nor shall this Sublease be void or voidable, but Subtenant shall not be liable for the
applicable Rent(as hereinafter defined) until such time as Sublandlord offers to deliver possession of the
Subleased Premises to Subtenant. A delay by Subtenant in commencement or completion of construction
and installation of any subtenant improvements being constructed by Subtenant shall not be deemed a
delay in delivery of possession of the Subleased Premises to Subtenant.
3. RENT.
3.1 Amounts. Subtenant shall pay to Sublandlord as rent("Rent")the
following:
3.1.1 A base rent(the "Base Rent")of:
-3-
Lease Year Annual Base Rent Monthly
Installment
1 $91,776.00 $7,648.00
2 $96,360.00 $8,030.00
3 $101,184.00 $8,432.00
1st Extension Term $106,248.00 $8,854.00
(if exercised)
2°d Extension Term $108,000.00 $9,000.00
(if exercised)
Base Rent for partial months at the beginning and end of the Term shall be apportioned base on
the number of days in such partial months. In addition to Base Rent,
3.1.2 Subtenant shall make all other payments to be made by tenant
under the Master Lease and Sublease("Additional Rent"), including,but not limited to,
maintenance and repair obligations and utilities. Additional Rent shall be paid in accordance
with the terms set forth in the Master Lease. Notwithstanding anything to the contrary herein or
in the Master Lease,real property taxes shall not be due and payable as Additional Rent. The
parties acknowledge that the same are included in Base Rent. Ned
Base Rent for the first month of the Sublease Term shall be payable by Subtenant upon execution
and delivery of this Sublease to Sublandlord.
3.2 Payment. Subtenant shall pay Base Rent, as adjusted (if applicable), in equal
consecutive monthly installments,in advance, on the first calendar day of each month.
3.3 Sublandlord's Payment Address. All payments due and owing by Subtenant
under this Sublease shall be sent to Sublandlord at the following address, or to such other address as is
specified by Sublandlord in writing: United Rentals,Inc.,P.O. Box 671400,Dallas,Texas 75267-1400.
3.4 Late Rent. Base Rent payments are due and payable on the first(1st) day of each
month during the Term. If any payment of Base Rent is not received by Sublandlord on or before the
fifth (5th) day of each calendar month, then Subtenant shall pay Sublandlord a late charge in an amount
equal to five percent(5%) of the Base Rent not timely paid. If any payment of additional rent due under
this Sublease is not received by Sublandlord on or before the date when due, then Subtenant shall pay
Sublandlord a late charge in an amount equal to five percent (5%)of the additional rent not timely paid.
3.5 Interest. In addition to any late charge described above, any monetary payment
due Sublandlord hereunder, other than late charges, not received by Sublandlord within ten (10) days
following the date on which it was due shall bear interest from the eleventh (11th) day after it was due.
The interest charged shall be equal to the prime rate reported in the Wall Street Journal as published
closest prior to the date when due plus four percent (4%) ("Interest Rate"), but shall not exceed the
maximum rate allowed by law. NIS
-4-
3.6 Triple Net Lease. Sublandlord and Subtenant acknowledge that this Sublease is
what is commonly called a "triple net lease" or a "net, net, net lease." Throughout the Sublease and
%mr Extension Term (as applicable), the Base Rent provided for in this Sublease is intended to and shall be
paid to Sublandlord absolutely net of all impositions, taxes, liens, charges,costs or expenses of any nature
whatsoever in connection with the occupancy and operation of the Subleased Premises. Except as
otherwise expressly provided herein, Subtenant shall pay to the parties respectively entitled thereto, as
supplemental rent hereunder in addition to Base Rent, all impositions, insurance premiums, operating
charges, repair and maintenance charges and any other charges, costs and expenses (and shall indemnify
and defend Landlord and Sublandlord against and hold Landlord and Sublandlord harmless from, all
claims, demands, damages, losses, costs and expenses, including attorneys' fees), obligations and
liabilities of every kind and nature whatsoever, that may accrue or become due and payable during the
Sublease Term and Extension Term (as applicable) relating to the Subleased Premises or any buildings,
improvements, fixtures, or personal property now or hereafter located thereon or therein, or arising from
the management, maintenance, preservation or operation of or from any use, occupancy or activity
conducted in,on or about the Subleased Premises.
4. USE AND CONDITION.
4.1 Use. Subtenant may use the Subleased Premises for temporary Parks
Maintenance facility (the "Intended Use") and for no other purpose without the prior written consent of
Sublandlord,which consent shall not be unreasonably withheld.
4.2 Condition. Subtenant acknowledges, agrees and represents to Sublandlord that
(a) Subtenant has inspected and is familiar with the condition of the Subleased Premises; (b) Subtenant is
leasing the Subleased Premises "AS-IS, WHERE-IS, IN ITS CURRENT CONDITION, WITH ALL
FAULTS" and in reliance upon Subtenant's own studies, due diligence and knowledge of the Subleased
4160- Premises and terms of the Master Lease; and (c) Sublandlord has not made, does not make and
specifically negates and disclaims any representations or warranties of any kind or character whatsoever,
whether express or implied, oral or written,past, present or future, with regard to the Subleased Premises,
including without limitation its nature, condition, quality, state of repair, compliance with laws, or
suitability for Subtenant's Intended Use. Notwithstanding the foregoing, the parties acknowledge that the
current condition of the Subleased Premises is as set forth in Exhibit C attached hereto.
43 Noncompetition. Subtenant shall not make any use of the Subleased Premises,
nor allow any party to use or possess the Subleased Premises (by sublease or otherwise), in any manner
which competes with the business(es) of Sublandlord, including without limitation uses consisting in
whole or in part of retail sales, rentals or storage of heavy and light machinery and equipment and
construction,industrial,residential and various other tools, and/or related shop and maintenance activities.
Sublandlord hereby acknowledges that Subtenant's Intended Use does not violate this Section.
4.4 Compliance With Laws. Throughout the Sublease Term and Extension Terms
(as applicable), at Subtenant's sole cost and expense, Subtenant shall comply with all laws, rules and
regulations of federal, state, county, local and municipal governments which may be applicable to or
affect any use,occupancy,and/or activities in, on or about the Subleased Premises.
4.5 Repair and Maintenance. Throughout the Sublease Term, Subtenant shall be
solely responsible for the routine maintenance and repair of the Subleased Premises necessitated by
Subtenant's occupancy. Notwithstanding, the foregoing provision shall in no way limit Subtenant's
maintenance and repair obligations applicable to tenant under the Master Lease and which obligations are
hereby assumed by Subtenant. Except for such items that are Landlord's obligation to repair and/or
`+4,160 replace under the Master Lease, Subtenant shall be responsible for(i) necessary repairs and replacement
-5-
of the Structural Parts (as hereinafter defined) of the Building, except if same shall be necessitated by the
negligence, willful act or breach of the Sublease by Sublandlord or it's representatives; (ii) any necessary
replacement of the Building Systems (as defined in the Sublease) or material parts thereof, except if same
shall be necessitated by the negligence, willful act or breach of the Sublease by Sublandlord or it's
representatives; (iii) any repairs or replacements resulting from the negligence, willful act or breach of
Sublease by Subtenant or any of Subtenant's representatives; (iv) landscaping; (v) parking lot
maintenance and repairs; and (vi) snow removal. As used herein the term"Structural Parts" shall mean
the roof, the roof membrane roof covering (including interior ceiling if damaged by leakage), exterior
walls (except for windows), load bearing walls and floor slabs and masonry walls, structural support
beams, the foundation of the Building and the surface parking area, and the term "Building Systems"
shall mean, to the extent they exist, the mechanical, gas, utility, electrical, sanitary, HVAC, elevator,
plumbing, sprinkler, cabling and wiring, telecommunication, emergency generation, life-safety and other
service systems of the Building.
Upon expiration or sooner termination of the Sublease Term, Subtenant shall return the Subleased
Premises to Sublandlord in as good as condition as received by Subtenant on the Sublease
Commencement Date, ordinary wear and tear excepted.
5. ASSIGNMENT AND SUBLEASE. Subtenant shall not assign or sublet any portion of
the Subleased Premises without the prior written consent of Sublandlord,which consent may be withheld
by Sublandlord in Sublandlord's sole and absolute discretion, and which is nevertheless subject to any
restrictions,conditions,or consents set forth in the Master Lease, and such further terms and conditions as
may be required by Sublandlord. Notwithstanding the foregoing, any such permitted assignment or
subletting shall in no way relieve Subtenant of its rights and obligations hereunder.
6. INSURANCE.
6.1 Subtenant's Obligation. Subtenant, throughout the Sublease Term, at
Subtenant's expense, shall: (a) keep the Building and improvements included in the Subleased Premises
insured for the "full replacement value"thereof against all loss or damage by perils customarily included
under standard "all-risk" policies; and (b) maintain commercial general liability insurance, including a
contractual liability endorsement, and personal injury liability coverage, in respect of the Subleased
Premises and the conduct or operation of business therein, with limits of not less than $5,000,000
combined single limit for bodily injury and property damage liability in any one occurrence; and (c)
insurance against loss or damage by fire and extended coverage to Subtenant's personal property; and(d)
workers' compensation insurance and employer's liability insurance in statutory limits. Sublandlord
represents that it is a member of the Washington Cities Insurance Authority, which is a self insured pool
of municipal corporations in the State of Washington, and as such member, it meets the insurance
requirements set forth herein. Subtenant shall cause to be included in all such insurance policies a
provision to the effect that the insurance company shall provide at least 20 days' written notice to
Sublandlord and Landlord prior to cancellation. Upon request, Subtenant shall deliver to Sublandlord
evidence of such required insurance.
6.2 Waiver of Subrogation. Notwithstanding anything in this Sublease to the
contrary, Sublandlord and Subtenant hereby waive and release each other of and from any and all rights
of recovery, claim, action or cause of action, against each other, their agents, officers and employees, for
any loss or damage that may occur to the Master Premises or to any property within or upon the Master
Premises (including the building(s) thereon), by reason of fire or the elements regardless of cause or
origin, including negligence of Sublandlord and Subtenant and their agents, officers and employees,
which is covered by their respective insurance policies and to the extent insurance recovery is made for
such loss or damage. Because this Section 6.2 will preclude the assignment of any claim mentioned in it ‘44401
-6-
by way of subrogation to an insurance company(or any other person), each party to this Sublease agrees
immediately to give to each insurance company which has issued to it policies of fire and extended
Aram, coverage insurance, written notice of the terms of the mutual waivers contained in this Section 6.2, and to
use reasonable efforts to have its insurance policies properly endorsed, if necessary, to prevent the
invalidation of the insurance coverages by reason of the mutual waivers contained in this Section 6.2.
7. ALTERATIONS.
7.1 Generally. Subtenant shall make no alterations or improvements whatsoever(the
"Alterations")to the Subleased Premises without the prior written consent of the Sublandlord. Any such
Alterations must also be approved in advance by Landlord. Provided Sublandlord has notified Subtenant
at the time of approval of any such Alterations, upon expiration or sooner termination of the Sublease
Term or Extension Term, as applicable, Subtenant, at Subtenant's sole cost and expense, shall (at
Sublandlord's election) return the Subleased Premises to a condition equivalent to the condition of the
Subleased Premises on the date Subtenant takes possession and occupancy thereof. All Alterations made
by Subtenant shall be made at Subtenant's sole cost and expense, including all costs and expenses
incurred in obtaining any required governmental consents,permits or approvals.
7.2 Subtenant's Work.
(a) Subtenant, at its sole cost and expense and after the Sublease Commencement
Date, may construct/complete those improvements more particularly described in Exhibit D attached
hereto ("Subtenant's Work"), provided, however, Subtenant's Work is contingent upon Subtenant
obtaining all permits and approvals required under the Master Lease, Sublease and applicable Legal
Requirements, including, but not limited to,Landlord approval.
*' (b) Subtenant's Work shall be constructed in a good and workmanlike manner and
using contractors acceptable to Sublandlord and Landlord. Notwithstanding any other provision in this
Sublease or the Master Lease, in performing and completing Subtenant's Work, Subtenant shall comply,
at Subtenant's sole cost and expense, with all Legal Requirements and with all requirements set forth in
the Master Lease and this Sublease. Subtenant shall diligently and promptly correct at its sole cost and
expense,all defects or deficiencies arising out of Subtenant's Work.
(c) "Legal Requirements" shall mean every statute, law, ordinance, code,
regulation, order, permit, approval, license,judgment, restriction or rule of any governmental authority or
any other public or quasi-public body, agency, court, department, bureau, or authority having jurisdiction
over the Subleased Premises.
7.3 Mechanics' Liens. Subtenant shall not suffer or permit any liens to be enforced
against the Subleased Premises, against Landlord's or Sublandlord's interest in the Master Premises, nor
against Subtenant's leasehold interest in the Subleased Premises by reason of work, labor, services or
materials supplied or claimed to have been supplied at the request of Subtenant or anyone holding the
Subleased Premises, or any part thereof, through or under Subtenant, and Subtenant shall indemnify and
defend Sublandlord and Prime Landlord against and hold Sublandlord and Prime Landlord harmless from
any costs,expenses or actions in connection with such liens.
8. DEFAULT.
(a) It shall be considered an "Event of Default" if Subtenant shall fail to perform or comply
with any term of this Sublease, including the payment of Rent, and such failure shall in the case of a
default in the payment of Rent continue for a period of five (5) days (or 20 days for all other defaults)
-7-
after Subtenant's receipt of written notice thereof from Sublandlord. Notwithstanding the foregoing, if
any such failure, other than the failure to pay Rent, cannot with due diligence be remedied by Subtenant
within a period of 20 days and if Subtenant commences to remedy such failure within such 20-day period
Neof
and thereafter prosecutes such remedy with reasonable diligence, the period of time for remedy of such
failure shall be extended for an additional ten(10) days.
(b) In case of any such Event of Default, re-entry, expiration and/or dispossess by summary
proceedings or otherwise: (a) the Rent shall become due thereupon and be paid up to the time of such re-
entry, dispossess and/or expiration,together with such expenses as Sublandlord may reasonably incur for
legal expenses, brokerage and/or putting the Premises in good order, or for preparing the same for re-
rental; (b) Sublandlord may re-let the Premises or any part or parts thereof, either in the name of
Sublandlord or otherwise, for a term or terms, which may at Sublandlord's option be less than or exceed
the period which would otherwise have constituted the balance of the term of this Sublease and may grant
concessions of free rent; and/or (c) Subtenant or the legal representatives of Subtenant shall also pay
Sublandlord for the failure of Subtenant to observe and perform Subtenant's covenants herein contained,
any deficiency between(i)the Rent hereby reserved and/or covenanted to be paid,and(ii)the net amount,
if any, of the rents collected on account of the lease or leases of the Premises for each month of the period
which would otherwise have constituted the balance of the term of this Sublease. In computing same
there shall be added to such deficiency such reasonable expenses as Sublandlord may incur in connection
with re-letting the Premises, including without limitation, legal expenses, brokerage commissions and
expenses incurred in maintaining the Premises in good order and in connection with renovating and
preparing the same for re-letting. Any such amounts shall be paid in monthly installments by Subtenant
on the rent day specified in this Sublease, and any suit brought to collect the amount of the deficiency for
any month shall not prejudice in any way the rights of Sublandlord to collect the deficiency for any
subsequent month by a similar proceeding. In addition, Sublandlord shall have the alternative of
commencing suit against Subtenant at any time for the amount equal to the Rent reserved for the balance
of the Sublease term, less the fair rental value of the Subleased Premises for the same period.
Sublandlord at its option may make such alterations, repairs, replacements and/or decorations in the
Subleased Premises as Sublandlord considers advisable for the purpose of re-letting same, and the making
of such alterations and/or decorations shall not operate or be construed to release Subtenant from liability
hereunder. The failure of Sublandlord to re-let the Subleased Premises or any part thereof shall not
release or affect Subtenant's liability hereunder, nor shall Sublandlord in any event be liable in any way
whatsoever for failure to re-let the Subleased Premises. In the event of a breach by Subtenant of any of
the covenants or provisions hereof, Sublandlord shall have the right of injunction and the right to invoke
any remedy allowed at law or in equity, as if re-entry, summary proceedings and other remedies were not
herein provided for. Mention in this Sublease of any particular remedy shall not preclude Sublandlord
from any other remedy, in law or in equity.
9. NOTICES. Any notice, demand,consent,approval,direction, agreement or other
communication required or permitted hereunder or under any other documents in connection herewith
shall be in writing and shall be directed as follows:
To Sublandlord: United Rentals Northwest,Inc.
Five Greenwich Office Park
Greenwich,Connecticut 06831-5180
Attention: Legal Department(Real Estate)
Telephone: (203)622-3131
Facsimile: (203)622-6080
With a copy to: United Rentals Northwest,Inc.
Two N.Cascade, Suite 460 vrr
-8-
Colorado Springs, Colorado 80903
Attn: Manager,Real Estate Administration
Noose Telephone: (719)577-0010
Facsimile: (719)577-0080
To Subtenant:
City of Renton
1055 South Grady Way
Renton, Washington 98057
Attention: Peter Renner
Telephone: (425)430-6605
Facsimile: (425)430-6603
With a copy to:
Attention:
Telephone:
Facsimile:
or to such changed address as a party hereto shall designate to the other parties hereto from time to time in
writing. Notices shall be(i) personally delivered(including delivery by UPS or other comparable nation-
wide overnight courier service) to the offices set forth above, in which case they shall be deemed
delivered on the date of delivery(or first business day thereafter if delivered other than on a business day
or after 5:00 p.m. New York City time to said offices); (ii)sent by certified mail,return receipt requested,
Ntirr in which case they shall be deemed delivered on the date shown on the receipt, unless delivery is refused
or delayed by the addressee in which event they shall be deemed delivered on the date of deposit in the
U.S. Mail; or (iii) sent by means of a facsimile transmittal machine, with a confirmation copy sent via
overnight mail, in which case they shall be deemed delivered at the time and on the date of receipt of the
facsimile transmission.
10. BROKERS. Subtenant and Sublandlord each warrant and represent to the other that it
has not retained, nor is it obligated to retain, any person for brokerage, finders or similar services in
connection with this Sublease. Each party, as the indemnitor, shall indemnify and defend the other party,
as the indemnitee, against and hold the indemnitee harmless from any and all claims, demands, liabilities,
losses, damages, costs and expenses (including without limitation, reasonable attorneys' fees, costs of
expert witnesses, court costs and other litigation expenses) arising from or relating to any claim for a
commission, fee or other compensation made by any brokers or parties with which the indemnitor has
dealt in connection with this Sublease or the transactions contemplated hereby.
11. ENTRY BY SUBLANDLORD. Sublandlord reserves, and, at any and all reasonable
times shall have, the right to enter upon the Subleased Premises (a) to inspect the same; (b)to submit and
show the Subleased Premises to prospective purchasers or tenants; (c) to post notices of non-
responsibility; (d)to repair the Subleased Premises if Sublandlord reasonably deems it necessary; and (e)
to undertake activities in connection with Sublandlord's obligations under the Master Lease. In all cases,
such entry and activities by Sublandlord shall be without abatement of Rent.
12. INCORPORATION OF TERMS. By this reference, except to the extent inconsistent
with any term of this Sublease, all of the terms and conditions contained in the Master Lease, with the
v,ow, exception of Original Lease Sections 2, 3, 4, 7, 8, 10, 13, 14, 15, 18, 19, 20, 21, 22, 23, 24, 25 and 27.06,
-9-
Air
and Al Sections 1, 2, 3,4, 5, 6, 7,9, 12, 15,24,25 and 26 are incorporated as terms and conditions of this
Sublease (with each reference therein to Landlord and Tenant to be deemed to refer to Sublandlord and
Subtenant,respectively)and, along with all of the provisions set forth in this Sublease, shall constitute the
Imo
complete terms and conditions of this Sublease.
13. CONSTRUCTION. If any of the provisions in this Sublease conflict with any provisions
in the Master Lease,the provisions of this Sublease shall control.
14. INDEMNITIES.
14.1 By Sublandlord. Sublandlord shall indemnify, defend and hold Subtenant
harmless from all claims, demands, causes of action, judgments, awards, penalties, fines, assessments,
impositions, damages, costs, losses, liabilities, and expenses (including without limitation attorneys' fees,
costs of expert witnesses and costs of litigation) which may be suffered or incurred by Subtenant arising
from or in connection with (a) the gross negligence or willful misconduct of Sublandlord, its licensees,
employees, officers, directors, managers, agents, shareholders, partners or other owners, invitees or
contractors, or any other person or entity acting at the instance of Sublandlord,in or about the Subleased
Premises or the Master Premises; or (b) any breach or default in the performance of any material
obligation to be performed by Sublandlord under the terms of this Sublease.
14.2 By Subtenant. Subtenant shall indemnify, defend and hold Sublandlord harmless
from all claims,demands, causes of action,judgments,awards,penalties, fines, assessments, impositions,
damages, costs, losses, liabilities, and expenses (including without limitation attorney's fees, costs of
expert witnesses and costs of litigation)which may be suffered or incurred by Sublandlord arising from or
in connection with(a) the Intended Use and/or Subtenant's occupancy of the Subleased Premises; (b) the
negligence or misconduct of Subtenant, its licensees, employees, officers, directors, managers, agents,
shareholders, partners or other owners, invitees or contractors, or any other person or entity acting at the „moo
instance of Subtenant, in or about the Subleased Premises or the Master Premises; or (c) any breach or
default in the performance of any obligation to be performed by Subtenant under the terms of this
Sublease.
15. HOLDING OVER. If Subtenant shall hold over after the Initial Termination Date(or the
termination of the Extension Term, if applicable), then Subtenant may be deemed, at Sublandlord's
option, to occupy the Subleased Premises as a month-to-month subtenant, which subtenancy may be
terminated at any time upon one (1) month's written notice to Subtenant. During such subtenancy,
Subtenant shall pay to Sublandlord monthly in advance, an amount equal to one hundred fifty percent
(150%) of all Base Rent due and payable under Section 3.1 of this Sublease (based upon the Base Rent
payable for the last month of the Sublease Term or Extension Term, as applicable),together with all other
amounts payable by Subtenant to Sublandlord under this Sublease, and to be bound by all of the terms,
covenants and conditions herein specified. Subtenant shall indemnify Sublandlord against all liabilities
and damages sustained by Sublandlord by reason of such retention of possession.
16. LANDLORD'S CONSENT. Notwithstanding anything to the contrary in this Sublease,
if the consent of the Landlord to this Sublease is required, and Landlord refuses or otherwise fails to
expressly consent in writing to this Sublease and to the terms and provisions hereof within forty-five(45)
days after the date hereof, then Sublandlord may, in its sole discretion, terminate this Sublease by notice
to Subtenant. Sublandlord shall use reasonable diligence to acquire any consent from Landlord required
under the Master Lease.
17. SECURITY DEPOSIT. Upon execution and delivery of this Sublease, Subtenant shall
deposit $7,648.00 with Sublandlord (the "Security Deposit") as security for the full and faithful
-to-
performance of every provision of this Sublease to be performed by Subtenant. If Subtenant defaults with
respect to any terms, covenants or provisions to be performed and observed in this Sublease, Sublandlord
"" may, at Sublandlord's sole discretion, use, apply or retain all or any part of the Security Deposit for the
payment of any Rent, to satisfy any mechanics lien placed on the Subleased Premises as a result of
Subtenant's acts, or to compensate Sublandlord for any other loss, cost or damage which Sublandlord
may suffer as a result of Subtenant's default. Sublandlord's possession of the Security Deposit does not
bar Sublandlord from enforcing any other rights, at law or in equity, which Sublandlord may have against
Subtenant. To the extent any portion of the Security Deposit is used, Subtenant shall within five(5) days
after demand from Sublandlord restore the Security Deposit to its full amount. Sublandlord may keep the
Security Deposit in its general funds and shall not be required to pay interest to Subtenant on the Security
Deposit. If Subtenant shall perform all of its obligations under this Sublease and return the Subleased
Premises to Sublandlord at the end of the Sublease Term or Extension Term (as applicable), Sublandlord
shall return all of the Security Deposit to Subtenant within thirty (30) days after the end of the Sublease
Term or Extension Term (as applicable). The Security Deposit shall not serve as an advance payment of
Rent or a measure of Sublandlord's(or Landlord's)damages for any default under this Sublease.
18. ENVIRONMENTAL MATTERS.
18.1 Subtenant covenants that no Hazardous Materials (as hereinafter defined)shall be
brought onto, stored or used on the Premises by Subtenant or Subtenant's agents, employees or invitees
(collectively, "Subtenant's Representatives"), except for lawful materials that are typically found at
similar buildings, all of which shall at all times be in compliance with all legal requirements applicable to
the Premises and to the environment. Subtenant shall hold harmless, indemnify and defend Sublandlord
and Sublandlord's employees, officers, directors, managers, agents, shareholders, partners or other
owners, invitees or contractors(with counsel reasonably satisfactory to Sublandlord)from and against any
Environmental Damages(as hereinafter defined)resulting from events occurring on or about the Premises
*tor and caused by Subtenant or Subtenant's Representatives. Subtenant's indemnification obligation
hereinabove set forth shall survive the expiration date or earlier termination of this Sublease.
18.2 "Environmental Damages" shall mean all claims, judgments, damages
(including punitive damages), losses, penalties, fines, liabilities (including strict liability), encumbrances
and liens, and any other costs and expenses,resulting from the existence on or in, or release to the ground
or air, or Hazardous Materials in violation of, or alleged to be in violation of, the legal requirements
applicable thereto, including any attorneys' fees, disbursements, consultant's fees and other costs
resulting from (i) investigation and defense of any alleged claim, (ii) directive of any governmental
authorities, whether or not the claims or directives are groundless, false or fraudulent, or are ultimately
defeated, and(iii)any settlement or judgment.
18.3 "Hazardous Materials" shall mean any hazardous or toxic substance, material
or waste (including constituents thereof) which is or becomes regulated by one or more governmental
authorities. The words "Hazardous Materials" include, without limitation (i)any material or substance
which is listed or defined as a "hazardous waste," "extremely hazardous waste," "restricted hazardous
waste," "hazardous substance" or "toxic substance" under any Legal Requirement; (ii) petroleum and its
byproducts; (iii) asbestos, radon gas and urea formaldehyde foam insulation; (iv) polychlorinated
YP
biphenyl; (v) any substance designated as a hazardous or toxic waste or substance (or words of similar
import) pursuant to the Federal Water Pollution Control Act, as amended (33 U.S.C. §1317), the Federal
Resource Conservation and Recovery Act, as amended (42 U.S.C. §6903), the Comprehensive
Environmental Response, Compensation and Liability Act, as amended (42 U.S.C. §§9601 et semc.), the
Toxic Substances Control Act, as amended (15 U.S.C. §§2601 et sed.), or the Hazardous Materials
Transportation Act, as amended (49 U.S.C. §§1801 et seq.); or (vi) any other chemical, material, gas or substance, the exposure to or release of which is or may hereafter be prohibited, limited or regulated by
-it -
any governmental or quasi-governmental entity having jurisdiction over the Premises or the operations or
activity at the Premises, or any chemical, material, gas or substance that does or may pose a hazard to the
health or safety of the occupants of the Premises or the occupants of property adjacent to the Premises.
NIS
19. MISCELLANEOUS
(a) Governing Law.
This Lease shall be governed by and construed in accordance with the laws of the State in which
the Subleased Premises are located.
(b) Rights and Remedies.
All rights and remedies of either party expressly set forth herein are intended to be cumulative
and not in limitation of any other right or remedy set forth herein or otherwise available to such party at
law or in equity. Notwithstanding the foregoing, in no event shall Sublandlord be liable to Subtenant for
consequential or punitive damages.
(c) No Waiver.
The failure of Sublandlord to seek redress for a breach of, or to insist upon the strict performance
of any covenant or condition of this Sublease, shall not prevent a subsequent act which would have
originally constituted a breach from having all the force and effect of an original breach. The receipt by
Sublandlord of Rent with knowledge of the breach of any covenant of this Sublease by Subtenant shall
not be deemed a waiver of such breach and no provision of this Sublease shall be deemed to have been
waived by Sublandlord unless such waiver is in writing and signed by Sublandlord.
Nved
(d) Entire Agreement;Modifications.
This Lease contains the entire agreement between the parties concerning the matters set forth
herein and may not be modified orally or in any manner other than by an agreement in writing signed by
all the parties hereto or their respective successors in interest.
(e) Independent Covenants; Notice of Lease.
If any term or provision of this Sublease or any application thereof shall be invalid or
unenforceable,the remainder of this Sublease and any other application of such term shall not be affected
thereby. This Sublease shall not be filed on the public record by either Sublandlord or Subtenant.
(f) Counterparts.
This Sublease may be executed in any number of counterparts, each of which upon execution and
delivery shall be considered an original for all purposes; provided, however, all such counterparts shall,
together,upon execution and delivery, constitute one and the same instrument.
(g) Ambiguities.
Any rule of construction to the effect that any ambiguities are to be resolved against the drafting
party shall not apply to the interpretation of this Sublease or any amendments or exhibits hereto.
-12-
(h) Authority.
'err.. Each of Sublandlord and Subtenant represents and warrants to the other that the individual
executing this Sublease on such party's behalf is authorized to do so.
(i) Attorneys'Fees.
In the event of any controversy arising under or relating to the interpretation or implementation of
this Sublease or any breach thereof, the prevailing party shall be entitled to payment for all reasonable
costs and attorneys'fees(both trial and appellate) incurred in connection therewith.
(j) Non-Binding Until Fully Executed.
The submission of this document for examination, negotiation and signature does not constitute
an offer to lease or a reservation of, or an option for, the Subleased Premises. This document shall not be
binding or in effect until at least one counterpart hereof has been duly executed by Sublandlord and
Subtenant and delivered to Sublandlord and Subtenant.
[SIGNATURES APPEAR ON NEXT PAGE]
Now
Now'
-13-
rrr►
IN WITNESS WHEREOF, the parties have executed this Sublease as of the day and year first
above written.
*4111101
Sublandlord:
WITNESS/ATTEST: UNITED RENTALS NORTHWEST,INC.,
an Oregon corporation
By:
Name:
Title:
Subtenant:
WITNESS/ATTEST: CITY OF RENTON,WASHINGTON
a municipal corporation
By:
Name:
Title: 44401
-14-
STATE OF CALIFORNIA )
Niro, COUNTY OF ORANGE )
The foregoing instrument was acknowledged before me this day of , 2007 by
Steven E. Nadelman as Senior Vice President of UNITED RENTALS NORTHWEST,INC., an Oregon
corporation on behalf of the corporation. Witness my hand and official seal.
(SEAL)
Notary Public
My commission expires:
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
The foregoing instrument was acknowledged before me this day of ,2007 by_
, as of the CITY OF RENTON, WASHINGTON, a
municipal corporation on behalf of the municipal corporation. Witness my hand and official seal.
(SEAL)
Now'
Notary Public
My commission expires:
Nitior
-15-
CONSENT OF LANDLORD
Pursuant to the terms of the Master Lease, the Landlord hereby(a)acknowledges receipt of notice
,4110
of the subleasing contemplated hereby and consents to the foregoing Sublease; (b) represents and
warrants that as of the date hereof no event of default exists under the Master Lease; (c) consents to
Subtenant's Intended Use of the Subleased Premises as set forth in Section 4.1 of the Sublease; (d)
consents to Subtenant's Work as set forth in Section 7.2 and Exhibit D; and (e) agrees that at the time of
giving any notice of default to Sublandlord under the Master Lease, to give a copy of such notice to
Subtenant.
IN WITNESS WHEREOF, Landlord has executed this Consent of Landlord as of the—day of
,2007.
WITNESS/ATTEST: R&J PROPERTIES LLC
a Washington limited liability company
By:
Name:
Title:
STATE OF ) `
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 2007 by_
, as of R&J PROPERTIES LLC, a Washington limited
liability company on behalf of the limited liability company. Witness my hand and official seal.
(SEAL)
Notary Public
My commission expires:
-16-
EXHIBIT A
Master Lease
-17-
eruct'
EXHIBIT B
Subleased Premises
[See description in Master Lease]
-18-
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SITE AREA:44,120 SQ.FT(1.01 ACRES)
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EXHIBIT C
Condition of the Subleased Premises
EXHIBIT D
Subtenant's Work
Scope of Work for United Rentals Building, 1100 Bronson Way North, Renton, Washington,
98055
1) The modification to existing pluming to create two ADA-compliant employee bathrooms,
including shower stalls. The existing V2 bathroom is insufficient for the employee group
and does not have a shower facility.
2) The removal of several non-bearing partitions to allow better access to the existing
lunchroom facilities and to open the area for use as an employee lunchroom.
3) The addition of light fixtures to the rear section of the building,which will be used for the
storage of supplies and equipment. Temporary shelving units will be installed in this
area.
4) Cosmetic improvements, namely painting,new ceiling tiles, and some new floor
coverings.
TABLE OF CONTENTS
PREMISES 2
SUBLEASE TERM 2
Initial Sublease Term 2
Option To Extend 3
Possession 3
RENT 3
Amounts 3
Payment 4
Late Rent 4
Interest 4
Triple Net Lease 5
USE AND CONDITION 5
Use 5
Condition 5
Noncompetition 5
Compliance With Laws 5
Repair and Maintenance 5
ASSIGNMENT AND SUBLEASE 6
INSURANCE 6
Tenant's Obligation 6
Waiver of Subrogation 6
ALTERATIONS 7
Generally 7
Mechanics' Liens 7
DEFAULT 7
NOTICES 8
BROKERS 9
ENTRY BY SUBLANDLORD 9
INCORPORATION OF TERMS 9
CONSTRUCTION 10
INDEMNITIES 10
By Sublandlord 10
By Subtenant 10
HOLDING OVER 10
LANDLORD'S CONSENT 10
SECURITY DEPOSIT 10
ENVIRONMENTAL MATTERS 11
19. MISCELLANEOUS 12
(a) Governing Law. 12
(b) Rights and Remedies 12
(c) No Waiver. 12
(d) Entire Agreement; Modifications. 12
`— (e) Independent Covenants; Notice of Lease. 12
(f) Counterparts. 12
(g) Ambiguities 12
(h) Authority. 13
(i) Attorneys'Fees 13
. (j) Non-Binding Until Fully Executed. 13
Exhibit A—Master Lease
Exhibit B—Subleased Premises
Exhibit C—Condition of Subleased Premises
Exhibit D—Subtenant's Work
_22_
;FNTON
1100 Bronson Way North
Renton,Washington 9$055
LEGAL.laS RTPT I N;
Lots 1 -9,inclusive,Block 3,RENTON FARM PLAT ADDITION according to Plat
recorded in Volume 10 of Plats,Page 97,records of King County, Washington,
EXCEPT portion,if any,appropriated by the City of Renton for alley purposes.
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Parcel Number 7224000155 ( O.7 'cLc�GS�
Address 1100 BRONSON WAY N
Zipcode 98055
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or approvals required for any permitted Alterations, at Tenant's cost. Tenant may perform :11
Alterations with contractors and subcontractors of Tenant's own choosing. Landlord . all
not be entitled to impose upon Tenant any charges or fees of any kind in connection any
Alterations accomplished at Tenant's cost.
8.03 Landlord's Improvements.
At any time during the Term, Tenant may request that Land rd expand the
Premises and/or make permanent improvements, alterations or up: ..•es thereto (the
"Landlord's Improvements"). In the event that Landlord agrees to con•.ct any Landlord's
Improvements, the following terms and provisions shall apply.
(a) Tenant's Request for Landlord's Imp ovements. the event that Tenant
desires any Landlord's Improvements at the Premises enant shall give Landlord
a written proposal describing in reasonable d- it the desired Landlord's
Improvements including such plan or plans and o er information with respect to
the Premises as Landlord may reasonably r.• =ire for proper and expeditious
preparation of Tenant's Layout Plans (hereina er defined). Within ten days after
the receipt of Tenant's information as set fo in subparagraph(a),Landlord shall
inform Tenant(i)whether or not it is willi; to conduct the requested Landlord's
Improvements, and if not, whether or of it consents to Tenant making the
requested Landlord Improvements, ich consent shall not be unreasonably
withheld, conditioned or denied. i, the event that Landlord is not willing to
conduct the requested Landlord's provements, but consents to Tenant making
the requested Landlord Improve,' nts, then Tenant shall be permitted to conduct
the requested Landlord's Impro -ments at its sole cost and expense, and in a good
and workmanlike manner, b otherwise at such time and in such a manner as
Tenant shall deem appro r 'ate; and provided that Tenant's costs for such
Landlord's Improvemen exceed $100,000.00 at the time of the expiration or
earlier termination of Lease, Landlord shall pay to Tenant fifty percent (50%)
of the fair market v. -- of such improvements at the time of such expiration or
earlier termination. the event that Landlord is willing to conduct the requested
Landlord's Impro meats, then the remainder of this Section 8.03 shall apply to
the construction •f Landlord's Improvements. In the event that Landlord does not
inform Tenan within such ten day period, Landlord will be deemed to have
agreed to co, uct the Landlord's Improvements requested by Tenant.
(b) nant's Plans. Within 30 days after Landlord informs or is deemed to
have i ormed Tenant of its agreement to conduct the Landlord's Improvements,
Lan,. .rd and Tenant shall, at Landlord's expense, cause Landlord's architect to
pr- are one mylar and two black line prints of complete and final architectural
Irking drawings (which shall be 1/8" scale) and three copies of specifications
t I3675.00o11540525.2
M48540Ov.4
6
!...•.e.•..-.v.-. .__ . - • 1. •. ' .1 t. M{ / • ./
applicable laws and requirements of public authorities and insura•ce
underwriters' requirements. Tenant's Layout Plans shall be subject to Land rd's
review and written approval, which approval shall not be unreasonably '. held,
and such plans shall be deemed modified to take account of any hanges
reasonably required by Landlord. Tenant's Layout Plans as ap oved by
Landlord and with the aforesaid modifications, if any, are herein call•, the"Final
Layout Plans".
(c) Engineering and Construction Plans. Landlord shall dir• t its engineers to
prepare at Landlord's expense and, not later than 45 days aft- preparation of the
Final Layout Plans, shall deliver to Tenant mechanical, el 'cal, civil and fire
protection engineering and construction drawings and specifications
("Engineering and Construction Plans"), based on the Fi . Layout Plans, as may
be required to complete the Landlord's Improvemen . in accordance with the
Final Layout Plans. Within 10 business days aft- submission to Tenant by
Landlord of the Engineering and Construction Plan-, Tenant shall give its written
approval thereof if they are in substantial conform' with the Final Layout Plans.
(d) Selection of Contractor. Landlord :grecs that, within 30 days after
approval of the Engineering and Constru on Plans, it shall obtain bids (the
"Bids") from three (3) general contract. s duly licensed within the State of
Washington for the Landlord's Impro ements in accordance with the Final
Layout Plans and the Engineering .s d Construction Plans (such plans are
hereinafter together called the "Te •• t Construction Plans") and to present the -.4400
same to Tenant for its review. T- ant shall have 10 business days in which to
review the Bids and select the c, tractor to perform Landlord's Improvements;
provided, however, that the bi. submitted by the contractor selected by Tenant
must be either the lowest of e Bids submitted to Landlord or be within three
percent(3%)of the lowest o'the Bids.
(e) Construction of andlojd's Improvements. Landlord shall cause the
Landlord's Improvem: is to be performed in a good and workmanlike manner,
consistent with the Instruction Plans. Landlord shall commence construction of
Landlord's Improv ents within 15 business days after selection of the contractor
or such later d. • as Landlord and Tenant shall mutually agree. Landlord's
Improvements .hall be completed within 60 days after commencement of
construction - e"Completion").
•
(f) C► t of Landlord's Improvements and Payment. Landlord's
Improv:, ents shall be furnished, installed and performed by Landlord for an
amo (hereinafter called the "Landlord's .Improvements Cost") equal to
Lan• ord's out-of-pocket contract or purchase price or prices to be paid by
dlord to material suppliers, subcontractors, independent contractors and/or
• er sources for the material, labor and services applied to the Landlord's
1111!1 V YVu1W1lJ pluJ appli..abla gala taxCs. Laud1 1d Shall bk1LapeAID.Lb t".'
fet
119675.00011540525.2
N485400v.4 7
fir° payment of Landlord's Improvements Cost; provided, however, that commencing
with the first calendar month following the Completion of Landlord's
Improvements, the Base Rent under the Lease shall increase by 1/12 of the
amount equal to ten percent(10%)of the Landlord's Improvements Cost.
9. SIGNAGE
Tenant, at its expense and subject to its obtaining any required governmental
permits and approvals, may place, maintain, repair and replace signage on the Premises.
Landlord shall cooperate with Tenant's efforts to obtain any permit or approval required or
desirable in connection with the installation of any sign.
10. TENANT'S PROPERTY
., . .ii- - .. • - ..... . . .
furniture and equipment, movable partitions, communications equipment and other • -. es of
movable personal property owned or leased by Tenant and located in •- -remises. All
Tenant's Property shall be and remain the property of Tenant • _•9 out the Term of this
Lease and may be removed by Tenant at any time duri • - erm. Upon the expiration of
this Lease (or within 30 days after the sooner --- • •ation hereof), Tenant shall remove all
Tenant's Property from the Premises ' •:• eaving any noticeable damage to the Premises.
In the event that Tenant shal :• •e noticeable damage as a result of Tenant's removal of
Tenant's Property, . •: •r' shall give Tenant 15 days written notice to remove or repair
such dama:- •r which time, Landlord may repair such damage and Landlord shall%Noy rei .. • for all costs and expenses of repairing such damage at Landlord's reasonable and
•
11. QUIET ENJOYMENT
Landlord covenants and agrees that Tenant shall and may, at all times during the
Term, peaceably and quietly have, hold, occupy and enjoy the Premises, subject to those
items identified on Exhibit B.
12. LIENS AND MORTGAGES
12.01 Landlord's Liens and Mortgages.
Landlord represents and warrants that, as of the date hereof, there are no
mortgages, or deeds of trust or other liens that burden the whole or any portion of the
Premises, other than the lien for real property taxes that may exist prior to such taxes being
due, and other than those items identified on Exhibit B attached hereto. Landlord agrees not
to cause or permit any mortgage, deed of trust or other lien on the Premises other than the
lien for real property taxes that may exist prior to such taxes being due unless, prior to the
time of the placing of any such encumbrance on the Premises, the proposed mortgagee or
lienor provides a subordination and non-disturbance agreement to Tenant in a form
reasonably acceptable to Tenant.
113675.00011540525.2
0483400v.4
12.02 Tenant's Liens.
Tenant covenants and agrees that Tenant shall not allow any materialman's or
mechanic's liens or any other Iiens, deeds of trust, mortgages, or other encumbrances to be
placed on the whole or any portion of the Premises during the term of this Lease by any
action or failure to act of Tenant, directly or indirectly.
13. INSURANCE
13.01 4444(408641#810101#0e,
and improvements included in the Premises insured for the "full replacement value" the f
against loss or damage by perils customarily included under standard "all-risk" p. cies.
Landlord's name shall appear on all such policies as an "additional insured" d "loss
payee." On written request by Landlord, Tenant shall deliver to Landlord ce••ficates of
insurance, showing that the insurance required to be maintained pursuant t•_ e foregoing
provisions of this Section 13.01(a)is in force and will not be modified or ": 'celed without
thirty days' prior notice being furnished to Landlord. Thereafter, •-rtificates showing
renewal of, or substitution for, policies which expire or are terminat : 1 be furnished not
less than thirty days prior to the expiration or termination of each s . policy. Each policy of
insurance maintained by Tenant pursuant to the foregoing pro . ••ns of this Section 13.01(a)
shall provide that the same will not be canceled without at st thirty days' prior written
notice to Landlord.
(b) Notwithstanding anything to th-, contrary contained in the foregoing
provisions of this Section 13.01, Tenant shall h. -e the right to cause the insurance to be
maintained by Tenant pursuant to this Sectio, 13.01 to be effected either by blanket or
umbrella policies, with deductibles not to ex -• $250,000.00.
13.02 Tenant's Liability Insuran •
(a) Tenant, throu: tut the Term, shall maintain commercial general liability
insurance, including a co al liability endorsement, and personal injury liability
coverage, in respect of the ' emises and the conduct or operation of business therein, with
Landlord as an addition: insured, with limits of not Iess than $5,000,000 combined single
limit for bodily injury d property damage liability in any one occurrence. Tenant shall not
be entitled to self-i r.• re any portion of such liability coverage other than a deductible not to
exceed$250,000 0.
P, Each policy of insurance maintained by Tenant pursuant to the foregoing
provisio• of this Section 13.02 shall provide that the same will not be canceled without at
least 0 days' prior written notice to Landlord (as an additional insured thereunder). On
wr•-en request by Landlord, Tenant shall deliver to Landlord certificates of insurance,
113675.0001\540525.2
4485400.4 (� .
7
.
Now
notice being furnished to Landlord. Thereafter, certificates showing renewal of or
substitution for, policies which expire or are terminated shall be furnished not less e 30
days' prior to the expiration or termination of each such policy.
(c) Notwithstanding anything to the contrary contained in th foregoing
provisions of this Section 13.02, Tenant shall have the right to cause the insu : ce required
by this Section 13.02 to be maintained through blanket or umbrella policies.
13.03 Waiver of Subrogation.
Neither Landlord or Tenant, nor their respective officer-, directors, employees,
agents or invitees, nor Tenant's permitted subtenants, shall be iia. -• to the other party or to
any insurance company(by way of subrogation or otherwise)ins- 'ng the other party for any
loss or damage to any building, structure or other tangible pro! rty, when such loss is caused
by any of the perils which are or could be insured against der a standard policy of full
replacement cost insurance for fire, theft and all risk .average, or loss under workers'
compensation laws and benefits, even though such •ss or damage might have been
occasioned by the negligence of such party, its ag - or employees (this clause shall not
apply, however,to any damage caused by intentiona wrongful actions or omissions).
If by reason of the foregoing waiv• , however, either party shall be unable to
obtain any such insurance, such waiver shall b. deemed not to have been made by such party
and, provided, further, that if either party hall be unable to obtain any such insurance
without the payment of an additional pre um therefor, then, unless the party claiming the
benefit of such waiver shall agree to p;, such party for the cost of such additional premium
within thirty (30) days after-notice -tting forth such requirement and the amount of the
additional premium, such waiver sh•• be of no force and effect between such party and such
claiming party. Each party s • use reasonable efforts to obtain such insurance from a
company that does not charge .,• additional premium or, if that is not possible, one that
charges the lowest additional •remium. Each party shall give the other party notice at any
time when it is unable to 'stain insurance with such a waiver of subrogation without the
payment of an addition. •remium and the foregoing waiver shall be effective until thirty
(30) days after notice i liven, Each party represents that its current insurance policies allow
such waiver.
Neith- Landlord nor Tenant shall obtain or accept any insurance policy which
would be inval':.ted by or which would conflict with this paragraph.
14. INDEMNIFICATION
Except as may otherwise be provided in this Lease, Tenant shall indemnify and
hold -armless Landlord, its partners, directors, officers, agents and employees from and
ag.' st any and all third-party claims arising from or in connection with: (i) the conduct or
I agement of the Premises or of any business therein, or any work or thing whatsoever
113675.00011540525.2
•
u4854OOv.4 10
of its subtenants, invitees or licensees or its or their partners, directors, officers, age, s,
employees, invitees or contractors; (iii) any accident, injury or damage whatever (e:-n if
caused by Landlord's negligence)occurring in, at or upon the Premises.
In connection with this indemnification, Tenant shall have the right t assume the
defense with counsel chosen by the Tenant or by Tenant's insurance compan Tenant shall
not be responsible for the fees of any separate counsel employed by the Lan. ord.
15. OPTION TO PURCHASE
15.01 Right of First Refusal.
Should Landlord during the Term enter into an ay, ment to sell the Premises, or
any portion thereof; Landlord shall provide to Tenant a en notice of intent to sell with a
copy of such agreement of sale. Upon receipt of suc otice and agreement, Tenant shall
have the option of acquiring the Premises, or portion .,ereof covered by such agreement, by
substituting itself for the buyer under the agree ,-nt of sale. If Tenant does not give
Landlord written notice of Tenant's intention t. exercise this right of first refusal within
30 days after receiving Landlord's notice o tent to sell together with a copy of the
agreement of sale, Landlord shall be free to :ell the Premises, or portion thereof covered by
such agreement, within the 120 days fo wing the expiration of Tenant's option period
according to the terms of the agreemen •f sale; provided, however, that such any new owner
shall take title to the Premises sub'. ct to the terms of this Lease and shall not disturb
Tenant's right of quiet enjoyment the Premises or otherwise interfere with Tenant's rights
pursuant to this Lease, and • i dlord shall cause such new owner to execute a non-
disturbance agreement in Tei: is favor in a form reasonably acceptable to Tenant. If
Landlord proposes to sell er said 120 days or on different terms, Landlord shall comply
with the terms of this S 'on 15.01 again. If Tenant exercises its right of first refusal,
Tenant and Landlord s...!1 be bound by the terms of the agreement of sale.
15.02 Lien P• t.
If e Tenant exercises purchase rights under Section 15.01 , and the Premises is
burdened any monetary lien, Tenant may, if Tenant elects to do so, either discharge such
lien or a ' e the indebtedness secured by such lien and reduce the amount due to Landlord
by th-, , ount of such indebtedness paid or assumed; provided, however, that if Tenant
wo , be liable for such lien or the payment thereof under the terms of this Lease by virtue of
b g Tenant hereunder (e.g., real property taxes), no such reduction in the amount due to
16. DAMAGE AND DESTRUCTION
In case of damage to or destruction of the Premises or any part thereof, by any
cause whatever, this Agreement shall remain in full force and effect and Tenant shall
continue the operation of its business at the Premises to the extent reasonably practical in
I13675.Ooo n 1540525.4
#4S540w.a
11 •
Nifty, Tenant's good business judgment during any period of reconstruction. In the event that
Tenant shall not be able to carry on its business because of such damage or destruction,
Landlord and Tenant shall within 20 days make a determination about whether or not to
reconstruct the Premises. In the event that Landlord and Tenant choose to reconstruct the
Premises, Landlord shall abate and forgive rent payments which become due during the
course of the reconstruction during which and to the extent Tenant cannot reasonably
conduct its business operation; but, the lease term shall continue and the parties shall
continue to be bound by this Agreement. In the event that Landlord and Tenant choose not to
reconstruct the Premises, they shall terminate this Agreement in writing.
17. CONDEMNATION
17.01 Notice.
Landlord and Tenant shall each notify the other if it becomes aware that there will
or might occur a taking (each, a "Taking") of any portion of the Premises by condemnation
proceedings or by exercise of any right of eminent domain.
17.02 Termination of Lease.
In the event of the Taking of the entire Premises, this Lease shall terminate as of
the date of such Taking. If there occurs a Taking of a portion of the Premises such that the
remainder of the Premises shall not, in Tenant's reasonable opinion, be adequate and suitable
for the conduct of Tenant's business,then Tenant may, at its option,terminate this Lease.
vio""' 17.03 Continuation of Lease.
In any case that there occurs a Taking of a portion of the Building or Premises and
this Lease is not terminated pursuant to Section 17.02 hereof; then this Lease shall remain in
full force and effect, except that appropriate adjustments shall be made to, and in respect of,
the Premises and rent, and Landlord shall proceed with due diligence to perform any work
necessary to restore the remaining portions of the Premises to the condition that they were in
immediately prior to the Taking, or as near thereto as possible.
17.04 Condemnation Award
Any award resulting from any Taking of the Premises for the value of Tenant's
leasehold prior to the Taking, or Tenant's personal property, fixtures, relocation costs or loss
of goodwill shall be the property of Tenant. All of any award resulting from any such Taking
.not specifically reserved to Tenant shall be the property of Landlord.
18. UNTENANTABILITY&UNFITNESS
•
thereof)shall be rendered .1 •• - `- pusrness operations as a result of
113675.0001L540525.2
B485400v.4 12
•4401.0,
cause described above in this Article I8 shall continue for a period of fi e
consecutive days after Tenant notifies Landlord in writing thereof, all rent • .I1
abate for the period that the Premises remain untenantable or unfit (or, ' the
event that only a portion of the Premises are rendered untenantable or u•,. rent
shall abate for such period with respect to the portion of the Pre ':es that is
rendered untenantable or unfit);and
(ii) in any case that any such untenantability or Lys tness resulting
from a cause described above in this Article 18 shall continu= or a period of 30
consecutive days after Tenant notifies Landlord in writing 4 ereof Tenant shall
have the right to terminate this Lease at any time after .1 e expiration of such
30-day period by serving written notice to Landlord ereof, or Tenant, at its
election, shall have the right to cure same and deduct e cost from Base Rent.
19. NOTICES
All notices required hereunder shall be in . 'ting and shall be effective when
delivered to the address set forth below (or to sue other addresses as either party may
subsequently designate).
19.01 Tenant.
Amoy United Rentals, .
Four Greenwic .•ffice Park
Greenwich, 06830
Attn: Jo ' .Milne
19.02 Landlord
767 80th Place SE
cer Island,WA 98040
20. DEFAULT BY TENANT
20.01 Events o'i efault.
It 41 constitute an Event of Default if Tenant shall fail to perform or comply
with any ter •f this Lease, including the payment of rent, and such failure shall continue for
a period of •0 days after Tenant's receipt of written notice thereof from Landlord specifying
such fail e and requiring it to be remedied;provided, however, that if any such failure, other
than th. failure to pay rent, cannot with due diligence be remedied by Tenant within a period
of 30 :ys, if Tenant commences to remedy such failure within such 30 days and thereafter.
pre.ecutes the remedying of such failure with reasonable diligence and in good faith, the
df t3ru., L '
113675.00011540525.2
•
u485400v.4 13
reasonable diligence and in good faith.
20.02 Termination Remedies.
Following the occurrence of any Event of Default, Landlord ay terminate this
Lease and have immediate possession of the Premises, in additio o any other remedies
allowed by law.
21. SURRENDER; HOLD t ' R
At the end of the Term or upon tenni .•:'on, Tenant agrees to quit and surrender
possession of the Premises to Landlord va . • and broom clean. If Tenant remains in
possession of the Premises after the end 6 e Term, then Tenant shall be deemed to be a
tenant from month to month only, und=- all of the same terms and conditions of this Lease
then in effect, except as to the dura of the Term.
22. BROKERAGE
Landlord :.-d Tenant each represents and warrants to the other that it had no
conversations or gotiations with any broker or finder concerning the consummation of this
Lease. Landl and Tenant each hereby indemnifies and holds harmless the other from and
against : claims for brokerage commissions or finder's fees (together with all related
expe including, without limitation,reasonable attorneys' fees) resulting from or arising
ou,± . any conversations or negotiations had by it with any broker or finder in connection Nosily
23. ENVIRONMENTAL MATTERS
• • .1
surface or subsurface strata and ambient air.
"Environmental Condition"means any condition with res• •- o the Environment
on or off the Property, whether or not yet discovered, whic d or does result in any
Environmental Damages, including any condition re g from the operation of any
business that is or was conducted by Landlo • or Landlord's lessees, sublessees or
occupants other than Tenant under this on the Property, or that of any other property
owner or operator in the vicinity e Property or any activity or operation formerly
conducted by any person or e ' • on or off the Property.
•
"Envi ental Damages" means all claims, judgments, damages (including
punitive .ges), losses, penalties, fines, liabilities (including strict liability),
e • ces, liens, costs and expenses of investigation and defense of any claim, whether
I 13675.000r1S40523.2
#485400v.4
14 •
remediation, any of which are incurred at any time as a result of(i) the existence of
Environmental Condition on, about or beneath the Property or migrating to or from e
Property, (ii)the Release or Threat of Release of Hazardous Substances into the Enviro r ent
or (iii) the violation or threatened violation of any Environmental Law pertainin: to the
Property, regardless of whether the existence of such Hazardous Substances or the 'elation
or threatened violation of such.Environmental Law arose prior to, on oafter the
Commencement Date,and including:
a. damages for personal injury, disease or death or injury t• property
or natural resources occurring on or off the Property, including •st profits,
consequential damages, and the cost of demolition and rein!' ding of any
improvements;
b. diminution in the value of the Property, and d. ges for the loss
or of restriction on the use of the Property;
c. fees incurred for the services of attorneys onsultants, contractors,
experts, laboratories and all other costs in« ed in connection with
investigation, cleanup and remediation, inclu a' g the preparation of any
feasibility studies or reports and the perfo • ce of any cleanup, remedial,
removal, abatement, containment, closure, •-storation or monitoring work;
and
limo
,, d. liability to any person or en y to indemnify such person or entity
for costs expended in connection wit- the items referred to in this definition
paragraph.
"Environmental Laws" me all statutes, regulations and ordinances adopted
pursuant thereto ("Statutes") relatin: o the protection of human health or the Environment,
including:
•
(i) all statutes r •ting to reporting, licensing, permitting, investigation
or remediation of e sions, discharges, release or threat of release of any
substance, gas, mat- al or chemical into the Environment, or relating to the
manufacture, pr. -ssing, distribution, use, treatment, storage, disposal,
transport or : -i ing of any substance, gas, material, or chemical, including
but not limite•, o any substance, gas, material or chemical,which in each case
is or may h•. eafter be defined as or included in the definition of"hazardous
substances' "toxic substances","hazardous materials", "hazardous wastes" or
words o' similar import under any Environmental Law, including but not
limit-• to the Comprehensive Environmental Response, Compensation and
Liab' ty Act, as amended, 42 U.S.C. §9601 et. seq. ("CERCLA"); the
r does Materials Transportation Act, as amended, 49 U.S.C. §1801 et.
s-+.; the Resource Conservation
..- andRecovery�Act, as amended, 42 U.S.C.
. •.' lbatrui ttet,
3
113675.0001U40525.2
i$485400v.4 15
comparable law of the State in which the Premises is located;and
(ii) all Statutes pertaining to the protection of the health d safety of
employees or the public.
"Hazardous Substance"means any(i)substance, gas,mate '-" or chemical which
poses or may pose a hazard to human health or safety, (ii) toxic stance or hazardous
waste, substance or related material, or any pollutant or contamin. , or(iii) asbestos, urea
formaldehyde foam insulation, petroleum and petroleum by-:roducts, polychlorinated
debenzo-p-dioxins, polychlorinated dibenzofurans or polychl• nated biphenyls which, in
each case, is now or hereafter subject to Environmental Law.
"Property" for purposes of this Article " " means the real property and
improvements thereon or any other interests therein ch constitute or affect the Premises
subject of this lease.
"Release" means any spilling, leaki r':, pumping, pouring, emitting, discharging,
injecting, escaping, leaching, dumping, dispo 'g, or other entering into the Environment of
any Hazardous Substance. This includes t •leases whether known or unknown, intentional
or unintentional.
"Threat of Release" me. a substantial likelihood of a Release which requires
action to prevent or mitigate dama: to the Environment which may result from such Release
and which is required under the vironmental laws.
23.02 Representations., d Warranties.
•
Landlord re!=esents and warrants to Tenant that, except as set forth in Exhibit
23.02(b)attached her:. •:
(a) . dlord has owned the Property since November, 1988, and has operated
and used t Property or allowed others to use the Property (either directly or indirectly
by lease • other arrangement)in connection with the business of sales, rentals, storage,
mainte c ce, repair and other operations typically associated with an equipment rental
busin .
(b) Landlord has no material documents in its possession concerning the
nvironmental Condition, and Landlord is not aware of any material information relating
to the Environmental Condition of the Property.
113675.00011540525.2
#40400v.4 16
underground tanks for storage of petroleum or petroleum products, hazardous o
toxic substances or wastes("Storage Tanks")at the Property.
(ii) Landlord has not been notified of, or become aware ' and
has no knowledge, of any "Storage Tanks" located at the Property pri• to the
time Landlord acquired ownership of the Property.
(iii) Landlord has not received any written no. e from any
applicable State Department of Environmental Conservation `DEC"), U.S.
Environmental Protection Agency ("USEPA") (or similar ag- cy) or any third
party that the Property, or any part thereof, are or may •e placed on any
applicable State Inactive hazardous Waste Site Registry, t=e National Priorities
List or the CERCLIS List; that any environmental clean -, order is proposed or
threatened with respect to the Property; and it has not r- eived any written notice
that any non-governmental third party asserts that any r nvironmental Condition at
the Property has caused, is causing, or may be '•using property damage or
personal injury to such third party, including, but ••t Iimited to, contamination of
real property other•than the Property.
(iv) Landlord has not notif,s or been made aware of any notice
to any environmental agency of a Release :, the Property.
(v) Landlord has •t disposed of any hazardous wastes,
'*row hazardous or toxic substances,or sad wastes at the Property.
(vi) Landlord as disposed of all wastes it generated from
operations conducted at the P •erty in compliance with applicable laws and only
at off-Premises facilities r sonably believed by Landlord to have necessary
permits and approvals.
(vii) •dlord has maintained and/or kept all records required by
law to be maintain f• or kept relating to the generation, storage,treatment, release
and/or disposal of•r 7Brdous wastes and/or hazardous or toxic substances.
(d) ith respect to those matters identified on Exhibit 23.02(d)
attached her o, Landlord will make all repairs, replacements, upgrades, or other
improvem, is to resolve or remediate the matters so that the Property is in
complia • with all Environmental Laws within 180 days of the Commencement
Date o he Lease(the"Environmental Remediation"). In the event that Landlord
has .•t completed the Environmental Remediation within such 180 day period,
Te'. t shall be entitled, but not obligated to, conduct the Environmental
mediation at its own cost and expense, and shall be entitled to offset rent for
113675.00011540525.2
4485400x.4 17
23.03 I... rsrrsli..,. ,44.004
however, Tenant shall indemnify Landlord against any los- = :e, c aim or expense
arising out of or related to the 'r:, =; an. mg, discharge, release or disposal of
Hazardous S in to or from the Premises introduced directly or indirectly by
24. ASSIGNMENT AND SUBLETTING
Landlord's prior written consent, which consent, however, shall not be unr-, ably
withheld nor delayed. Notwithstanding the foregoing, Tenant may, withou. -.` ; dlord's
consent: (a)sublet all or any part of the Premises for all or any part • e Term; (b) assign
this Lease to any entity or affiliate more than 50% owned or .• ed by Tenant, or to any
entity which owns or controls more than a 50%interest i! nant; provided, however, in any
such instance Tenant shall remain primarily and 'ly responsible for all obligations of
Tenant under this Lease.
25. LA►r> 0 RD'S NEGATIVE COVENANT
Duri ; mie term of this Lease, Landlord shall not, without Tenant's prior written
consent, -a y or indirectly engage in, or acquire any financial or beneficial interest in, or
ease to any entity or person to operate an equipment rental business in the State of
26. 'I'Et'LE ISSUES
26.01 Ownership and Encumbrances
Notwithstanding anything contained in Exhibit B, Landlord is the owner of, and
has good and marketable title to, the Premises, subject only to normal easements and
restrictions that do not interfere with Tenant's intended future use of the real estate which use
is consistent with the use by Forte, Inc. of the Premises immediately prior to the
Commencement Date.
27. MISCELLANEOUS
27.01 Governing Law.
This Lease shall be governed by and construed in accordance with the laws of the
State of Washington.
•
113675.00011540525.2
%435400v.4
18 •
27.02 Consents&Approvals.
,pursuant to any provision of this Lease, the consent or approval of either party
is required to be obtained by the other party, then, unless otherwise provided herein, the party
whose consent or approval is required shall not unreasonably withhold, condition or delay
such consent or approval.
27.03 Rights&Remedies.
All rights and remedies of either party expressly set forth herein are intended to be
cumulative and not in limitation of any other right or remedy set forth herein or otherwise
available to such party at law or in equity. Notwithstanding the foregoing, or any other
provisions hereof to the contrary, in no event shall either party be liable to the other for
consequential or punitive damages.
27.04 No Waiver.
The failure of either party hereto to seek redress for a breach of, or to insist upon
the strict performance of any covenant or condition of this Lease, shall not prevent a
subsequent act which would have originally constituted a breach from having all the force
and effect of an original breach. The receipt by Landlord of rent with knowledge of the
breach of any covenant of this Lease shall not be deemed a waiver of such breach and no
provision of this Lease shall be deemed to have been waived by Landlord unless such waiver
be in writing signed by Landlord. The payment by Tenant of rent with knowledge of the
breach of any covenant of this Lease shall not be deemed a waiver of such breach and no
provision of this Lease shall be deemed to have been waived by Tenant unless such waiver
be in writing signed by Tenant.
27.05 Successors&Assigns.
Each and all of the terms and agreements herein contained shall be binding upon
and inure to the benefit of the parties hereto, their heirs, personal and legal representatives,
successors and assigns. Any sale or transfer of the Premises by Landlord during the term of
this Lease shall be made by an instrument that expressly refers to this Lease as burdening the
Premises.
27.06
thereof. Landlord will cooperate with Tenant in the ex,, • : = very of such
documents(including a memorandum . _-- - . t s lease or comparable documents)
as may be r 1e e foregoing in accordance with the requirements, customs
113675.0001\540525.2
rw85400v.4 19
27.07 Entire Agreement;Mod cations
This instrument contains the entire agreement between the parties, supersedes any
prior lease between the parties covering the Premises and may not be modified orally or in
any manner other than by an agreement in writing signed by all the parties hereto or their
respective successors in interest.
IN WITNESS WHEREOF, the parties hereto have duly executed this Lease as
of the day and year first above written.
LANDLORD:
R&J PROPERTIES L.L.C.
a Washington limited liability company
By.
Name: 40N f ,z,ri
Title: /7JpG,en-
TENANT:
UNITED RENTALS,INC.,
a Delaware corporation
By:
John N.Milne,Vice Chairman
113675.00011540525.2
u4$5400v.4 20
•
27.07 Entire Agreement;Mothiications.
This instrument contains the entire agreement between the parties, supersedes any
prior lease between the parties covering the Premises and may not be modified orally or in
any manner other than by an agreement in writing signed by all the parties hereto or their
respective successors in interest.
IN WITNESS WHEREOF, the parties hereto have duly executed this Lease as
of the day and year first above written.
LANDLORD:
R&J PROPERTIES L.L.C.
a Washington li - -d iability company
By:
Name:
Title
TENANT:
fir.• ./.,
UNITED • INC.,
a Delawar: • .• 'on
By:
J hn . Milne, Vice Chairman
•
•
113675.00011540525.2
#485400v.4 20 •
ZZ 07
Agreement:Modrficatio s
This instrument contains the entire agreement between thearti
es,prior lease behveen the parties covering the Premises and may not be modified orally orany
any manner other than by an agreement in writing signed by all the parties hereto or their
respective successors in interest.
IN WITNESS WHEREOF, the parties hereto have duly executed this Lease as
of the day and year first above written.
Larf2LORD:
R&J PROPERTIES L.L.C.
a Washington li 'ability
•
/:
•
BY
i
Name:
Title •
a Delaw: .. .. .,:on
By:
line, Vice MIT;
113675 OO2t$4OSu 2
20
•
OTOe IMANEW POOLS/. of 9T 66/2T/C0
Now
(ONNECcricrti r
STATE OF-'Prr-,S H GTN )
ss.
COUNTY OF FA- )
On this 1.0_. day of. !. i/1999 cfore personally appeared
JohnMile N. , to me known to be the ICE of the corporation that
executed the within and foregoing instrument, and acknowledged said instrument to be the
free and voluntary act and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that he was authorized to execute said instrument and that the
seal affixed is the corporate seal of said corporation.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day
and year first written above.
[SEAL)
Public in and for the State ofNV gtarr(..c 'vE r/CAit.7-
resi•• _at: a74►,.3. s i /5/PE-
a t t'�� rl•2:.irir
E. JONQUA
My Commissionaires: NOTARY PUBLIC
MY.COMMISSION EXPIRES N!Y 31.2003
STATE OF WASHINGTON )
COUNTY OF )ss.
Nose
On this day of 1999 before me
to me �oivn to be the� personally appeared
of the limited liability
companyforegoinginstrument,t executed the within and ad
instrument to be the free and voluntary act and and acknowledged said
uses anddeed of said limited liability company, for the
purposes therein mentioned, and on oath stated that he was authorized to execute
said instrument for and on behalf of said limited liability company.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day
and year first written above.
[SEAL) a Notary
-
Public in and for the State of Washington
residing at:
My Commission expires:
1136'75.00011540315.2
&1115400v.4
2I
Nouie
tTOIZ) 1I3.1113Q oHH t901.42. ee:9T 68/ST/C0
STATE OF WASHINGTON )
)ss.
COUNTY OF )
On this day of , 1999 before me personally appeared
, to me known to be the of the corporation that
executed the within and foregoing instrument, and acknowledged said instrument to be the
free and voluntary act and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that he was authorized to execute said instrument and that the
seal affixed is the corporate seal of said corporation.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day
and year first written above.
[SEAL] , a Notary
Public in and for the State of Washington
residing at:
My Commission expires:
STATE OF WASHINGTON )
)ss.
COUNTY OF k(^-16 )
On this (( day of cb14 , 1999 before me personally appeared
ee-evt.,,,/.{ i r+ fur ib me known to be the '1'1 ^ale_.. of the limited liability
company that executed the within and foregoing instrument, and acknowledged said
instrument to be the free and voluntary act and deed of said limited liability company, for the
uses and purposes therein mentioned, and on oath stated that he was authorized to execute
said instrument for and on behalf of said limited liability company.
1N WITNESS WHEREOF I have hereunto set m hand and affixed my official seal the day
and year first written above. I (/) A.,-(
[SEAL] (.4j).1,1 , a NQt�ary
.` . Public in and for the State of Washington
• residing at: 2— . u.►�/
td4-
•
• My Commission expires: sit/zcw
113675.0001\540525.2
4485400x.4 21 •
''aar" EXHIBIT A
[to be attached]
err
113675.0001W0525.2
#485400v.4 A-1 •
`orr
VJ/11/VV ly•iV
�y tuv ur.+•'.ci\ qj u uv
•
EMM. Nftwil
RENTON'
1100 Bronson.Way North
Renton,Washington 98055
LEGAL DESG$IE .411h to Plat
Lots I -9,inclusive,Block 3,RENTON FARM PLAT ADDITION according
recorded in Volume 10 of Plats,Page 97,records of King County,Washington,
EXCEPT portion,if any,appropriated by the City of Renton for alley purposes.
A-1
Niro, EXHIBIT B
Restrictions
[to be attached]
•
113815.00011540525.2
11485400vA B-1 .
Allay
I
UItLIIIIS in
t A S t e l N T
Y I')
Nils1»S(11UntKl, thisl2 day of ,3 w
hi and between (/ ��1.
� . /s, _
and ------^
r .
, '1 ^'� and jiff 1Sfrtf•e,i ^'}
�; rt-t..r.• J I......._and Lei':lfCc,r G./` , O.rfrOr
• and •
hereinafter called "Grantor(s)". and the CM Of 5CHTON, a nvnlelpal Corporation of Ring •
County. Washington, hereinafter called "Crantee". .
`�
a' VtTNESSL?H: • • • •
tr
C That said Grantor(s). for and in consideration of the sue of S ;
paid by Grantee. and other valuable consldsrats
7 these presents. grant. baryaln. sett. COnvey, and w t unto the .old Grantee. its+ Su .e
CtfstOrs and assigns, an easeent for public utilities (including carter and tear) with4.
.
necessary appvrtenanCes over, through. across and upon the following described property •
3' In King County. Vashington. *sore particularly deterlbed as follows: .�
EASEMENT Pi. .
•That portion of Lot 2 Block S. $artorlavtlle Addition as recorded 1n Vol- ,.v
tined of Plats. page 7. records of King County, Washington; Being 15 feet L.t
to width having 7-112 feet on each side of the following described center- :.'
• line; Beginning at a point on the centerline of Carden Avenue North.
302.5 feet north of the intersection of the centerline of Carden Avenue 'P'
a,,
North with the centerline of North Bronson Bay; thence vest. parallel with
the north line of said Lot 2 Block 5, a diluent, of 312.5 feet to the ten- •
teriine of the alley right-of-way. EXCEPT that portion thereof dedicated ,. ,;,}l.dnaj '+;
for alley right-of-way. s7
.r
1 .
r •
EASEMENT 12. . . s
•
That portion of Lot 3 Block S. Sartorisvttle Addition as recorded to Vet- t'� '� '�
i ,. `
use B of Plats. page 7, records of King County. Washington; Being 15 feet �_. •
.
in width having 7-1/2 feet on each side of the follovtng described center- q q. -�1
line; Beginning at the centerline of the alley right-of-tray 63 feet south ..
of the ceoterline of Eaaeeent No. I described above; thence east. parallel
with the north line of said Lot 3. a distance of 32 feet. said easement a^3 '
being •
• part of the east 24.5 feet of the vert 32 feet of *aid Lot 3; to- t
S il gether with the east 6 test of the vest 13-1/2 feet of Lots 2. 3. 4. 4 S. 3�
• Block S of said fist of SAKTOKISVILLE. .1'.
.r:
i 'r
v,
1.1
EAS[7fLA'T 13.
A
ri
That portico of Lot 9. Block ), Renton fan Plat as recorded in Voluse 10 1`, A
1 of Plats. page 97 records of Kin/ County. Veshlnston; Being 15 tett in "3
width having 7-1/2 feet on each side of the following described center- 1• 73
line; Beginning at a point on the centerline of the alley right-of-'way 1...
2 133.5 feet south of the centerline of Eaeecnt ho. I described above;
thence veal. parallel with the north lino of sold Cot 9. Block 3 said Ren- t•
T
ton farm Plat to the east margin of Park Avenue North. EXCEPT that per- ' r
tire. thereof dedicated for alley right-of-way.
t.;7'I
RBI MR MOO 11 MI IF 1x/1-1 h� =�o;
Y 110300 0 •%Sl -
�� 93.06/01 r L
WM RECO f a a')
Ilttttlii.: 11111111111*. CfLeHsl •••4.00
22 Etna.II ONG kk
F
t
Nap. EXBIBLT 23.02(b)
Environmental Documents
[to be attached]
itaw
113675.0001\540525.2
d4$S400v.4 23.02(b)-1
Lease._ Schedule -3.-113 3.6a C9
Fuel Storage Tanks
Store Location Gasoline Kerosene Propane Diesel Waste Oil
- - ►. ..
Renton N/A 500 gal,Tank 1,000 gal.Tank 500 gal.Tank 100 gal.Tank
...
-. .. k
k MO-gel-Per*
- - - ► s
Noy Lease SCHEDULE- 3, o 2 C
Environmental Law and Compliance
1. Tacoma Pre •erty Located at 10712 Bridgeport Way sw L. ood
WA. Bank o California has completed a Phase 2 Enviro ental
Review. In the' conclusion they want to investigate so e areas more
thoroughly Forte c. Agreed to help with this projec d clean up
any oil contaminat 'n that we caused due to our ne gence. Also
Forte Inc. indicated t former owners of previo .. business should be
contacted so they coul. hare in the clean up co. . Estimated cost are
from$5000.00 to$60,00. 00
• 2. Kent Site 1002 Central Ave Kent. Fo Is -r owner failed to remove
underground fuel tank. This was 1050 Kerosene tank,Present
actions incurred so far is tank is -mov:11 by Licensed contractor and
clean up Done. Estimated Cost$ `'I,0%0 to $15,000
3. Southhill 16623 Meridian E. Puy. us Wash Rack Flows through oil
water separator to a drain field. + ash 7 ack not hooked to Sanitary
Sewer.
,, 4. Covington 27115 164th S suyallup Wash ' .ck Flows through oil
water separator to a drai- field. Wash Rack •t hooked to Sanitary
Sewer.
5. Burien needs better oil/water separator system.
6. Federal Way 9805 Pacific Hwy. S Wash Rack s•t hooked to •
Sanitary Sew r System. Flows to Storm system.
7. Smokey 'oint 17316 Smokey Point Blvd Wash Rack .t hooked up
to Sani . Sewer System. Permit has been Applied for y owner of
prop: y, Dan Shaffer.
EXHIBIT 23.02(d)
Environmental Issues
[to be attached]
113675.0001 1340525.2
casaoov.a 23.02(d)-I
EXHIBIT 23.02(d)
Renton Property
None.
113675.00011540926.1
NNW
• 1100 Bronson Way N.
Renton,WA 98055(N 8045(
LEASE AMENDMENT NO. 1
THIS LEASE AMENDMENT NO. I (this "Amendment") is made and entered into effective
January 1,2003,by and between R&J PROPERTIES L.L.C.,a Washington limited liability company,
having an address of 625 Windsor Drive S.E., Sammamish, Washington 98074 ("Landlord"), and
UNITED RENTALS NORTHWEST,INC.,an Oregon corporation having an office at Five Greenwich
Office Park,Greenwich,CT 06830("Tenant").
RECITALS:
A. Landlord and United Rentals,Inc.("URI")entered into that certain Lease(the"Lease")
dated as of March 11, 1999,relating to certain real property and improvements located at 1100 Bronson
Way N.,Renton,Washington(the"Premises"),as more fully described in the Lease.
B. On or about February 28,2000,URI assigned and Tenant agreed to assume all of URI's
right,title and interest in and to the Lease.
C. Landlord and Tenant desire to enter into this Amendment to modify certain terms and
conditions of the Lease including, among other things, extending the Initial Term of the Lease, and
reducing the Base Rent(as hereinafter defined)payable by Tenant to Landlord.
D. All capitalized terms used but not defined herein shall have the meanings set forth in the
Lease.
NOW THEREFORE,in consideration of the premises and other good and valuable consideration,
•
the receipt and sufficiency of which are hereby acknowledged, the parties hereby covenant and agree as
follows:
2.02 in its entirety and inserting in lieu thereof the following:"The initial term of this Lease(the"• •al
Term")shall be approximately 18 years and nine(9)months, commencing on the Commenc • •nt Date.
The Initial Term shall end at midnight on December 31, 2017, unless sooner tennin: or extended
pursuant to the terms hereof. The Initial Term and any Extension Term(s) (- •ereinafter defined)
exercised by Tenant hereunder,unless sooner terminated pursuant to the terms •-reot shall be referred to
herein collectively as the`Term. "
2. Extension Term. Effective January 1, 2003 • e Lease is hereby amended by deleting
• Section 2.03 in its entirety and inserting in lieu thereof.• ollowing: "Tenant may,by written notice to
Landlord not less than 180 days prior to the end • the Initial Term, extend the Initial Term for an
additional term of five(5)years(the"First E •• ' n Term").Tenant may,by written notice to Landlord
not less than 180 days prior to the end of •- irst Extension Term,extend the Term for an additional term
of five (5) years (the "Second Ex • ion Term"). Each of the First Extension Term and the Second
Extension Term is referred to -rein as an "Extension Term". Notwithstanding the foregoing, no such
notice shall be effective i enant is in breach of any provision of this Lease after notice and expiration of
all applicable cure ods as of the date of such notice or as of the end of the Initial Term or of the First
Extension T • •wring which such notice was given. The terms and conditions of each Extension Term
will be = ame as under this Lease save and except for(a)Base Rent for the first year of the First
Ext •; on Term shall be equal to the greater of(x)Base Rent as of December 31,2015,and(y)Base Rent
• ►.• • , i , • 1 ••• :'.1 • 'I:, . M., ,• i.,. • v • - .'. • •• . .•
1
1100 Bronson way N.
Renton,WA 98055 I#806)
..
Rent as of December 31,2020,plus two years of CPI increases;and(c)for the second through fifth y s
of each Extension Term shall be adjusted in accordance with Section 3.02 of this Lease." For ater
clarity,notwithstanding anything in this Lease to the contrary, the Base Rent, as adjusted per 'ection
$.02,if applicable, for any calendar month during the Term of this Lease shall not be less th. + e Base
Rent,as adjusted per Section 3.02,as applicable,for the immediately prior calendar month.
3. Farly Termination. The Lease is hereby amended by deleting.Section 2.0, in its entirety.
4. Rent. Effective January 1,2003,the Lease is hereby amended by del i g Section 3.01 in
its entirety and inserting in lieu thereof the following: `Tenant shall pay Landlo , net annual rent, i.e.
excluding Tenant's additional responsibilities to pay property taxes and assessme 4,insurance premiums,
utility costs,etc., ("Base Rent")as specified below,without demand and with •t setoff or deductions of
any kind except as hereinafter specified, in equal monthly installments, in vane, on the first day of
each calendar month of the lease Term,at Landlord's address set forth in 'cle 19 of this Lease,or at
such other place as Landlord may designate by notice given in accordan'- with such Article 19: For the
period from January 1, 2003 through December 31, 2005, Base R. t shall becealeffiffiliffigt
payable in equal monthly installments oCommencing • January 1,2006(the"Adjustment
Date")and for the remainder of the Term, ase Rent shall be adj • -• in accordance with Section 3.02 of
this Lease. Rent for partial months at the beginning and end o. h e Initial Term or any Extension Term
shall be apportioned based on the number of days in such p • months of such applicable period."
5. Rent Adjustment. Effective January 1, .-'13, the Lease is hereby amended by deleting
Section 3.02 in its entirety and inserting in lieu thereof following:
(a) "Commencing on the Adj ..ent Date,and for each Lease Year(as hereinafter
*la , defined) thereafter during the Term, B Rent shall be adjusted such that the Base Rent is
increased by the lesser of(i)the per 4' ge change in the Consumer Price Index(as hereinafter
defined)as evidenced by the Co ., Price Index for the tenth(101°)month of the immediately
preceding Lease Year as compare. •• the Consumer Price Index for the same month of the Lease
Year preceding the immediately•, eding Lease Year,or(ii)three percent(3%).
(b) As used in ,,s Lease, "Consumer Price Index"shall mean the Consumer Price
Index for All Urban Con. ers, Seattle Metropolitan Area, All Items, 1982-1984 equals 100,
published by the Unite• tates Department of Labor, Bureau of Labor Statistics. If the federal
government revises o eases to publish the Consumer Price Index,Landlord and Tenant shall
convert to the revi index or adopt the successor index in accordance with the guidelines
therefor issued by e federal government. If a Consumer Price Index adjustment is to be made
for any Lease Y; r(s),then Landlord shall notify Tenant in writing of the amount of the increased
Base Rent f. "such Lease Year(s), and if Landlord fails to so notify Tenant prior to the
commence nt of such Lease Year,Tenant shall continue paying the previously applicable Base
Rent ins ents until such time as Tenant is notified in writing of the appropriate increase in the
Base R ,at which time all prior,but unpaid,increases cltall also be paid by Tenant.
(c) As used in this Article 3,"Lease Year"shall mean each twelve(12)month period
b="+'nning with January 1,2003,and each anniversary thereof.
6. Late Rent. The Lease is hereby amended by inserting the following sentence before the
last .tence of Section 3.03: "Any such late payment shall be in addition to, and not in lieu of, any
i est accrued under Section 27.08.however such interest shall not begin to accrue until 30 days after
2
1100 Bronson Way M.
Renton,WA 98055 t#8061
the third(3" sentence of Section 4.02: "Tenant may defer payment of the con pending such
contest, if such deferment shall not subject Landlord's inter: •- '" rises to a forfeiture action or
impair any imminent sale of the Premises b ;.n (b)by substituting the following sentence for
the second to last sentence - ion 4.02:•"In lieu of any such deposit,Tenant may(except in the
case of a e .y Landlord in which case a deposit shall be required),at its election,furnish a
8. Compliance with Laws. The Lease is hereby amended by adding the following sentences
to the end of Section 7.02 thereof: "Tenant shall comply with all applicable statutes,ordinances,rules,
regulations, orders and requirements (collectively, "Legal Requirements") in effect during the Term
hereof and relating to the particular use and occupancy of the Premises by Tenant,including any repairs
or permitted alterations by Tenant,and Tenant shall be responsible for the cost of complying therewith.
• Landlord,at its cost and expense, shall promptly comply with all Legal Requirements applicable to the
Premises except for compliance which is Tenant's obligation,i.e.,Legal Requirements(i)applicable to
the Premises prior to and on the Commencemen Date;_and(ii)applicable to the Premises without regard
to the particular use by Tenant. Tenant shall n 6r permit the use of the Premises in any manner that
will tend to create waste or a private or public nuisance. Tenant shall not use the Premises,or allow the
Premises to be used,in violation of any Environmental Laws and shall indemnify Landlord with respect
to any violation by Tenant of this covenant in accordance with the terms of Section 23.03 of the Lease."
substituting"30"for"ten"in both places where the word"ten"appears in _•_.. -2. .1 -a and Db by
replacing the last sentence of such Section 8.0.3 a .- :• - .wmg sentence: "In the event that
Landlord does not inform Tena. .-, •.y period of its decision as described above,Landlord
will be ' -•- --;..•° "onsented to Tenant making the requested improvements,and Tenant may then
10. Insurance. The Lease is hereby amended by adding thereto new Section 13.04, as
follows: "Notwithstanding anything in this Lease to the contrary,Tenant shall be responsible for any and
all insurance deductible amounts.
11. Indemnification. The Lease is hereby amended by inserting the following after the end of
Article 14:
• (a) Subject to Tenant's indemnification obligations provided for above, Landlord
shall indemnify and save Tenant harmless of and from all losses, costs, liabilities, claims,
damages, expenses, penalties and fines, incurred in connection with or arising from: (i) any
Landlord default; (ii) any breach of a Landlord representation or warranty; and(iii) any gross
negligence or willful misconduct of Landlord or Landlord's representatives in or about the
Premises either prior to, during, or after the expiration of the Term, including any gross
negligence in the malting or performing of any improvements required to be made by Landlord
pursuant to the Lease including,but not limited to Landlord's Improvements. If any action or
• proceeding shall be brought against Tenant based upon any such claim, Landlord, upon notice
from Tenant, shall cause such action or proceeding to be defended at Landlord's expense. In
connection with this indemnification,Landlord shall have the right to assume the defense with
counsel chosen by Landlord or Landlord's insurance company. Landlord shall not be responsible
for the fees of any separate counsel employed by Tenant.
(b) All of the indemnifications provided for above shall be subject to the following
• conditions: (i) the indemnified party shall give the indemnifying party prompt written notice of
3
•
• 1100 Bronson Way It
Renton,WA 98055[#806]
Name
any claim subject to indemnification of which the indemnified party has knowledge; (ii) the
indemnifying party's obligation to indemnify shall exclude any injury,loss or damage caused by
the negligence of the indemnified party,or its agents,contractors,employees,representatives and
invitees; (iii) the indemnified party shall reasonably cooperate with the indemnifying party in
defense of any claim subject to the indemnifying party's indemnification(but such cooperation
shall be without expense to the indemnified party); and(iv)the indemnifying party may defend
with counsel of its choice,at its cost but selected in its sole discretion. Notwithstanding anything
to the contrary, in no event shall either party be liable to the other for loss of business
opportunity,loss of profits,loss of income,economic loss or other special or consequential losses
or damages or punitive damages.
12. .. •- .. .. . . • .
in lieu thereof the following:
"Any notice,demand,consent, approval, direction, agreement or other communication quired
or permitted hereunder or under any other documents in connection herewith shall be in Wri ',• and shall
be directed as follows:
TENANT: United Rentals Northwest,Inc.
Five Greenwich Office Park
Greenwich,Connecticut 06830
• Attn: Legal Department(Real Estate)
• Telephone: (203)622-3131
Facsimile: (203)622-6080
LANDLORD: R&J Properties L.L.C.
_.. 625 Windsor Drive S.E.
Sammamish,WA 98074
Telephone:(425)369-1411
Facsimile:(425)313-0 ,'
with a copy to: Rhonda Bremner
P.O.Box 1434
Auburn,W :704
or to such changed address - a party hereto shall designate to the other parties hereto from time to time in
writing.Notices shall b personally delivered(including delivery by UPS or other comparable nation-
wide overnight co service) to the offices set forth above, in which case they shall be deemed
delivered on the , e of delivery(or first business day thereafter if delivered other than on a.business day
or after 5:00 p • New York City time to said offices);(ii)sent by certified mail,return receipt requested,
in which • they shall be deemed delivered on the date shown on the receipt,unless delivery is refused
or delay-• by the addressee in which event*they shall be deemed delivered as of three(3)days after the
date • deposit in the U.S. Mail; or (iii) sent by means of a facsimile transmittal machine, with a
irniation copy sent via overnight mail, in which case they shall be deemed delivered at the time and
13. Termination Remedies. The Lease is hereby amended by replacing Section 20.02 thereof
in its entirety with the following sentences: "Following the occurrence of any Event of Default,Landlord
may,in addition to any other remedies allowed by law either(a)terminate this Lease and have immediate
possession of the Premises or (b) re-enter and take possession of the Premises pursuant to legal
,, 4
1100 Bronson Way N.
Renton,WA 98055 VS 806)
` �
' 1111
•
proceedings or pursuant to any notice provided for by law, and, from time to time, and without
terminating this Lease,relet the Premises or any part thereof for the account of Tenant for such term or
terms and at such rentals and upon such other terms and conditions as are commercially reasonable. Any
and all costs associated with such actions by Landlord (including, but not limited to, appraiser fees,
brokerage fees and reasonable attorneys' fees), as well any shortfall in rent and other obligations of
Tenant under this Lease,shall be due and payable immediately by Tenant. In addition,in the event of any
Event of Default by Tenant the provisions of Article 25 shall become null and void. Anything in this
Section or the Lease to the contrary notwithstanding,Tenant shall be liable for only those actual damages
suffered by Landlord. Tenant shall pay any such sums due within 30 days of receiving Landlord's proper
and correct invoice for the amounts. Landlord is not entitled to accelerate Base Rent or any other
amounts that would become due from Tenant to Landlord. During each collection action,Landlord shall
be limited to the amount of Base Rent and all additional rent due that would have accrued had the Lease
not been terminated. Landlord shall mitigate any damage, for example by making commercially
reasonable efforts to relet the Premises on reasonable terms."
14. Surrender,Holdover. The Lease is hereby amended by deleting Article 21 in its entirety
and inserting in lieu thereof the following: "At the end of the Term or upon termination of this Lease,
Tenant agrees to quit and surrender possession of the Premises to Landlord vacant and broom clean. If
Tenant remains in possession of the Premises after the end of the Term,then Tenant shall be deemed to be
a tenant from month to month only, under all of the same terms and conditions of this Lease then in
effect,except as to the duration of the Term and except as provided below in Article 21. Tenant shall pay
Landlord monthly rent for such time as Tenant remains in possession without Landlord's consent at the
following rates: Base Rent payable during the first two(2)months of the holdover shall be equal to 150%
of the Base Rent payable during the final month of the Term. Commencing on the third month of a
holdover,Tenant shall be obligated to pay 200%of Base Rent payable during the final month of the Term
until such time as Tenant vacates the Premises. Additional Rent shall be payable during any holdover.
The parties agree that (i) it would be impractical and extremely difficult to fix the actual damage
Landlord will suffer in the event of Tenant's holdover without Landlord's consent;and(ii)the foregoing
increases in Base Rent due during any holdover period represent a fair and reasonable estimate of the
detriment that Landlord will suffer by reason of Tenant's holdover without consent and shall constitute
Landlord's sole and exclusive remedy hereunder."
•
sentence of Article 24 in its entirety and inserting in lieu thereof the following:"Anything i • • • a cle
to the contrary notwithstanding,Tenant may,without Landlord's consent:(x)suble. -- •.. any part of the
Premises for all or any part of the Term to any entity or affiliate more th • o owned or controlled by
Tenant or URI,or to any entity which owns or controls more tit.. : I'o interest in Tenant or URI;or(y)
assign this Lease to any entity or affiliate more than 50°. : ed or controlled by Tenant or URI,or to any
entity which owns or controls more than • interest in Tenant or URI; provided, however, with
• respect to a subletting or assignor -.. : t to(x)or(y)hereof,Tenant and URI shall remain primarily
and directly responsible . •. o'ligations of Tenant and URI under this Lease. For purposes of this
Article, "conte, " . . mean the possession of the power to direct or cause the direction of the
mina:: - and policies of such entity, whether through the ownership of a sufficient percentage of
16. Landlord's Negative Covenant. The Lease is hereby amended by deleting Article 25 in
its entirety and inserting in lieu thereof the following:
(a) During the Term and for one(1)year thereafter,neither Landlord nor any Person
(as hereinafter defined)who/which is then an owner of Landlord("Landlord's Associate")shall,
without Tenant's prior written consent,directly or indirectly engage in,or acquire any financial or
5 , '
1100 Bronson way IV.
Renton,WA 98055 IN 8061
'fur'
beneficial interest in,or grant a lease to any entity or person other than Tenant or its parents or
affiliates to operate an Equipment Rental Business (as hereinafter defined) anywhere within 75
miles of the Premises.
(b) In the event Landlord or any Landlord's Associate breaches this covenant,Tenant
shall have the right to terminate this Lease, without charge, by providing Landlord at least 90
days' prior written notice. If Tenant exercises its termination right in accordance with this
Section,this Lease and the Term shall come to an end on the date specified by Tenant in Tenant's
notice with the same force and effect as if the Term were,by the terms hereof,fixed to expire on
such date,and if requested by either party,the parties shall enter into a cancellation and release
agreement in a form reasonably acceptable to both parties confirming the end of the Term.
Landlord shall indemnify and save Tenant harmless from and against all losses,costs,liabilities,
claims, damages, expenses, penalties and fines, incurred in connection with or arising from
Landlord's or any Landlord's Associate's breach of this Article 25.
• (c) In the event Landlord or any Landlord's Associate breaches this covenant within
one (1) year after the expiration of the Term, Landlord shall pay Tenant within 30 days after
receipt of notice from Tenant of such breach a sum equal to four(4)months'Base Rent payable
during the final year of the Term(the `Breach Fee"). The parties agree that: (i) it would be
impractical and extremely difficult to fix the actual damage Tenant will suffer in the event
Landlord or any Landlord's Associate breaches this covenant within one (1) year after the
expiration of the Term; and (ii) the foregoing Breach Fee represents a fair and reasonable
estimate of the detriment that Tenant will suffer by reason of Landlord's or LandIord's Associate's
breach of the covenant contained in this Article 25.
(d) As used in this Section, the term "Equipment Rental Business" shall mean a
business which derives more than 25% of its revenue for that location from the rentals of
construction or household machinery,tools and equipment.
(e) As used in this Section,the term`Person"shall mean any individual,partnership,
limited liability company,trust,corporation,firm or other person or entity.
(f) Notwithstanding any other provision in this Lease to the contrary,if this Lease is
terminated due to a breach by Tenant under the terms of this Lease, this Article 25 shall then
terminate and become null and void.
•
17. Rights and Remedies. The Lease is hereby amended by adding the following sentences
to the end of Section 27.03: "Venue for any action to enforce a party's rights hereunder shall be in the
Superior Court of the county in which the Premises are located. In any such action,the prevailing party
shall be entitled to reimbursement of its expenses,including reasonable attorneys'fees in pursuing such
action."
18. Miscellaneous. The Lease is hereby amended by inserting the following at the end of
Section 27.07: "Any rule of construction to the effect that any ambiguities are to be resolved against the
drafting party shall not apply to the interpretation of this Lease or any amendments or exhibits hereto."
19. Interest on Past-Due Obligations. The Lease is hereby amended by adding thereto the
following new Section 27.08: "Except as otherwise expressly provided herein, any amount due to •
Landlord or to Tenant,as applicable,not paid when due shall bear interest at the lesser of twelve percent
(12%) per annum or the maximum rate allowable by law beginning ten (10) days after the date due;
6
•
1100 Bronsoa Way N.
Renton,WA 98055[ti 8061
provided, however, that at no time shall the late charges and interest charges hereunder exceed the
maximum allowable by law."
20. jmprovements. Subject to latent defects and the obligations of Landlord to make repairs
and replacements to the Premises as provided in the Lease and this Amendment, Tenant accepts the
Premises in their present condition. Under the terms of the Lease, Landlord was to complete the
improvements (the"To Do Items") to the Premises as listed on Schedule A to this Amendment. The
parties acknowledge that the To Do Items have been completed to Tenant's satisfaction with the
exception of latent defects and of those specific items(the"Hark"),if any,listed on Schedule B to this
Amendment."
21. Non-Binding Until Fully Executed.The submission of this Amendment for examination,
negotiation and signature does not constitute an offer to lease or a reservation of, or an option for,the
Premises. This Amendment shall not be binding or in effect until at least one counterpart hereof has been
duly executed by Landlord and Tenant and delivered to Landlord and Tenant.
22. Authority. Each of Landlord and Tenant represents and warrants to the other that the
• individual executing this Amendment and any exhibits hereto on such party's behalf is authorized to do
so.
23. Counterparts; Ratification. This Amendment may be executed in one or more
counterparts,each of which shall constitute an original but all of which together shall constitute one and
the same instrument. Except as expressly modified by this Amendment,the terms and provisions of the
Lease remain unmodified and are in full force and effect
execution of similar lease amendments between Tenant and Landlord or Tenant an. s .: • • . orte and
Jacqueline A. Forte ((or entities owned by them), collectivel • ". rx' for all of the following .
properties: (i) 1018 Auburn Way South,Aub u 1514 State Route 410E, Buckley(Bonney
Lake),WA;(iii)35100 Paci ' :.••. ' outh,Federal Way,WA;(iv)12500 132nd Place NE,Kirkland,
WA; (v I.. •Ian East, Puyallup, WA; (vi) 1100 Bronson Way North, Renton, WA; and (vii)
contrary notwithstanding, URI shall not be released from liability and remain s ; ' + irectly
responsible for all obligations of Tenant under the Lease. _
26. No Defaul . . =: F dlord each acknowledge,to the best of their knowledge and
• without estigatlon or duty of investigation,that as of the date hereof, it does not know of
[SIGNATURES APPEAR ON NEXT PAGE]
•
7
1100 Bronson Way N.
Renton,WA 98055 t#8061
LANDLORD:
R&d PROPERTIES L.L.C.,
a Washington limited liability company ame: J2 o NQ 1'0 t-y f o/aT•
Title: /'7DNo-F!?t
TENANT:
UNITED ' ' • • • 0'T} WEST,INC.,
an Orego• corpora•
By
.Jo. IT Milne •
:ent
As to Se',.t t 25 of •••Amendment only:
UNITED ' Di • • •,INC.,
a Delaware c• •era•on
Now
By: �.
ohndne
Pr. art ,
'err 8
1100 Bronson Way N.
Renton,WA 98055(8 806)
• STATE OF 1AJ4-- )
) ss:
COUNTY OF kt.Jc )
""Nic%1
foregoing instrument was acknowledged before me this"I hday
.. ,.�� t o•A.dl /1� AZ as Hyl c,,,y a of R&I PROPERTIES
• ,yY 1
. • �• o ijlgton limited liability company. Witness my hand Ed official seal.
''O�'� •CMY i i
•'0 PUBUG i
l c2
�r A6 r'• Notary Public
My commission expires: S/3 1 D(,
STATE OF CONNECTICUT )
) ss.
COUNTY OF FAIRFIELD )
The foregoing instrument was acknowledged before me this 716,1 day o
2003 by John N. Milne as President of UNITED RENTALS NORTHWEST, INC., an regon
corporation. Witness my hand and official seal.
(SEAL)
•• .1 ' •1 • <nil LAI' /
STATE OF CONNECTICUT ) �' —
) ss.
COUNTY OF FAIRFIELD )
The foregoing instrument was acknowledged before me this?±!0.-k day o
2003 by John N.Milne as President of UNITED RENTALS,INC.,a Delaware corporation. Witness my
hand and official seal.
(SEAL)
My nn }ilio expizPg• �.Cl�-'
9
1100 Bronson Wap N.
Renton,WA 9805518 8061
v >
SCHEDULE A
[To Do Items]
None
•
•
New
10
1100 Bronson Way N.
• Renton,WA 980551#8081
SCHEDULE B
[The Work] •
• None.
•
•
roll
11
CITY OF RENTON COUNCIL AGENDA BILL
AI#: • ./ m
Submitting Data: Rebecca Lind For Agenda of: February 5, 2007
Dept/Div/Board.. EDNSP
Staff Contact X 6588 Agenda Status
Consent
Subject: Public Hearing.. X
Emergency Code Amendments: R-4 Standards, Design Correspondence..
Standards in the R-4 zone, Tree Retention(Phase I), and Ordinance
Animal Regulations Resolution
Old Business
Exhibits: New Business
Issue Paper Study Sessions
• Attachments and Code Drafts: Small Lot Cluster Information
Development and Design Standards, Tree
Retention, and Animal Regulations
Recommended Action: Approvals:
Refer to Planning and Development Committee and set Legal Dept
a public hearing for February 26, 2007 Finance Dept
Other
Fiscal Impact:
it Expenditure Required... Transfer/Amendment
Amount Budgeted Revenue Generated
Total Project Budget City Share Total Project..
SUMMARY OF ACTION: Work with the East Renton Plateau Citizen's Task Force has highlighted
portions of the Renton Municipal Code that need to be strengthened or expanded. These items include
adding specific standards for tree retention for residential land development, expanding the provision that
allows cluster development in the R-4 zone, expanding the applicability of design regulations in the R-4
zone, and modifying animal regulations. While these changes would affect property citywide, they
particularly affect the East Renton Plateau,which will vote on the question of annexation to Renton on
February 6, 2007 (with a March 1, 2007 effective date if approved). A sewer moratorium in the Plateau,
which has held back development,will be removed after the election. Complete land development
applications would vest to the regulations in place at that time. As a result, it is important to make these
code changes prior to the projected effective date of the annexation.
Changes to the tree regulations are the first phase of a larger work program that will result in a citywide
urban forestry plan addressing broader issues of tree and landscape planting, street trees, and the canopy
of trees on public and private lands within the City. This larger work program will be accomplished in
conjunction with the Community Services Department and the Planning Building Public Works
Department.
STAFF RECOMMENDATION: Refer this item to the Planning and Development Committee and set
a public hearing for February 26, 2007.
H:\EDNSP\Title IV\General\Tree Retention\2007\agenda bill.doe
0 ECONOMIC DEVELOPMENT,
;; ® ♦ NEIGHBORHOODS, AND STRATEGIC
• PLANNING DEPARTMENT
MEMORANDUM
DATE: January 31, 2007
TO: Toni Nelson, Council President
Members of the Renton City Council
VIA: Kathy Keolker, Mayor
FROM: Alex Pietsch, Administrator Y�
STAFF CONTACT: Rebecca Lind (ext 6588)
SUBJECT: Ordinance Revising Cluster and Design Guidelines,
Enacting Tree Retention Standards, and Amending Animal
Regulations
ISSUE
Anticipating an increase in vesting of development in the East Renton Plateau at the end
+rr.► of the current sewer moratorium, should the City enact improved regulations addressing
specific design and quality of development concerns as an exception to the annual docket
review cycle?
RECOMMENDATION
• Consider improved regulations consistent with the East Renton Plateau Citizens Task
Force preliminary recommendations addressing the following topics:
o Cluster of development in the R-4 zone
o Design standards for single family structures in the R-1, R-4 and R-8 zones
o Tree retention
o Animal regulations
• Process these amendments prior to the potential effective date of the Preserve Our
Plateau Annexation so that vested development will be regulated by the revised
standards. Authorize review of the proposed development regulations pursuant to
RMC 4-9-025 C. outside the annual docket as a priority, with the understanding that
additional amendments addressing landscape and street tree standards, tree type and
variety, tree canopy standards, and a comprehensive citywide urban forestry program
will be developed as part of a subsequent work program in conjunction with the
Community Services Department.
Toni Nelson
January 31,2007
Page 2 of 3
BACKGROUND
The City convened the East Renton Plateau Citizens Task Force to review and make
recommendations on prezoning and community planning issues in the East Renton area.
The prezoning work was completed in 2006 and adopted by the City Council. As part of
this work, the Task Force raised a number of zoning text issues that are pertinent to
community planning and quality of life and continues to work on recommendations
refining these development standards. At the same time, the City put a moratorium on
out-of-city sewer availability certificates for undeveloped property in this area, and this
moratorium has been in effect for a year and a half. The Council agreed to extend the
moratorium until the election and potential effective date of annexation. As a result, land
in the area was removed from the development process. As soon as the annexation is
effective, land will again become available in this area. Property owners of several larger
parcels may apply for development permits shortly after annexation. The proposed code
amendments will implement several Task Force recommendations so that properties
vesting for development immediately after annexation will be regulated by rules more
closely reflecting citizen concerns.
PROPOSAL SUMMARY
Cluster Provisions (see Attachment 1)
The Task Force recommended that the provisions for cluster development in the R-4 be
expanded. Adopted city code restricts cluster development to areas within 600 feet of the
R-8 zone. The Task Force recommended that cluster development be allowed throughout
the R-4 zone.
Design Standards (see Attachment 1)
Architectural design standards are now only required for cluster development in the R-4
zone. The Task Force raised the issue of quality development particularly on the NE 4th
St corridor. The proposal would expand the applicability of the existing adopted
standards throughout the R-1, R-4, and R-8 zones citywide and would benefit
neighborhoods throughout Renton.
Tree Retention (see Attachment 2)
Proposed code would codify an existing administrative interpretation of zoning rules and
provide clarification of standards now being used for replacement and replanting trees.
The amendments also close an existing loophole in regulations that allow trees to be
cleared prior to application for development. These proposed code changes are the first
phase of a larger work program that will result in a citywide urban forestry plan
addressing broader issues of tree and landscape planting, street trees, and the canopy of
trees on public and private lands within the city.
The proposed code revisions are needed as a minimum standard now because
development of large forested parcels is anticipated in the near future within the East
Renton PAA.
Animal Regulations (see Attachment 3)
*401101
H:\EDNSP\Title IV\Multiple Zone Amends\Residential\Work Program Issue Paper.doc Page 2 of 3
Toni Nelson
January 31,2007
Page 3 of 3
The Task Force recommended greater allowances for large animal husbandry and
requests that "non-conforming" animal use be vested to the land rather than limited to the
'<4im'' life span of a particular animal.
CONCLUSION
The proposed amendments are recommended by staff as the minimum set of changes
needed to implement a basic set of project review standards. The cluster and design
standards are adopted now but apply only to a limited number of properties. The tree
retention standards modify and improve the approach staff is now using for project
review. The recommended improvements incorporate staff's comments and experience
working with the existing administrative rules as applied to actual projects.
H:\EDNSP\Title IV\Multiple Zone Amends\Residential\Work Program Issue Paper.doc Page 3 of 3
Attachment 1: Small Lot Cluster Development and Design Standards
ISSUE
• Should the City strike the text requiring that cluster development occur within 600 `''fir
feet of the Residential Single Family land use designation, effectively allowing
cluster development throughout the R-4 zone?
• Should text requiring special architectural features in small lot cluster development be
placed in the building standards for development in the R-1, R-4, and R-8 zoning
designations?
• Should the City expand the requirement for vertical facade modulation from the R-4
zone to also include the R-1 and R-8 zones?
RECOMMENDATION
Staff recommends adopting code amendments to allow small lot cluster development
throughout the R-4 zone, require design standards in the R-1, R-4 and R-8 zones, and
require vertical facade modulation in the R-1 and R-8 zones. These changes reflect
recommendations of the East Renton Plateau Citizens Task Force and are intended to
facilitate visually appealing residential development.
BACKGROUND SUMMARY
The East Renton Plateau Citizens Task Force expressed a desire to protect open space
and the more rural nature of the East Renton area. They also expressed an understanding
of the pressure for development and the need of developers to achieve a reasonable rate
of return on investment. Small lot cluster development is a means to achieve
preservation of open space while also facilitating the ability to express the intended
density in the R-4 zone. In order to be able to develop small lot clusters, it is required
that 30 percent of the land be set aside permanently as "significant open space." The
amount of required open space can be reduced to 20 percent if all three of the following
criteria are met: 1)public access is provided to the open space, 2) soft surface trails are
provided within wetland buffers, and 3) storm water ponds are designed to eliminate
engineered slopes that require fencing and are enhanced to allow passive and/or active
recreation.
Additionally, the East Renton Plateau Citizens Task Force and citizens at public meetings
regarding the East Renton area expressed concern about the outcome of the residential
development that has occurred around the NE 4th St corridor. The general opinion was
that the end result is unattractive to those who view the communities from the arterial
roadway. Residents of the East Renton area are concerned that when the sewer
moratorium for their area is lifted, there will be a significant amount of new development
that will begin occurring on the plateau and that this new development will mimic the
type they do not care for along NE 4th St. Currently, City code has simple design
guidelines required for small lot cluster development. Implementation of these design
standards in the R-1,R-4, and R-8 zones would likely help facilitate residential
development that is visually appealing. The standards seek to provide a varied
appearance to residential units, so that there is less "cloned"or"cookie cutter"type
development. There are three architectural standards that would be required:
1) decorative hip or gable roofs, 2) trim on windows and doors, and 3) projecting eaves.
The City also has a requirement for vertical façade modulation in the building standards
for the R-4 zone. The expansion of this requirement to the R-1 and R-8 zones help
facilitate a varied residential product.
CONCLUSION
Implementation of design standards in the City would benefit all new residential
development in R-1, R-4, and R-8 zones that occurs in the City by ensuring a varied
product that is visually interesting. The standards are not extensive, but are a simple
means to accommodate residents desire to see a varied residential product while not
adding significant costs to builders and/or developers. Allowing small lot cluster
development to occur throughout the R-4 zone is likely to help preserve open space while
not limiting the density of the zone.
H:\EDNSP\Title IV\Multiple Zone Amends\Residential\issue paper-cluster&design.doc Page 2 of 2
4-2-110D
,4•9'
CONDITIONS ASSOCIATED WITH
DEVELOPMENT STANDARDS TABLE FOR
SINGLE FAMILY RESIDENTIAL ZONING DESIGNATIONS
1. a. Phasing, shadow platting, or land reserves may be used to satisfy the minimum density
requirements if the applicant can demonstrate that the current development would
not preclude the provision of adequate access and infrastructure to future
development and would allow for the eventual satisfaction of minimum density
requirements through future development.
b. In the event the applicant can show that minimum density cannot be achieved due to
lot configuration, lack of access, environmental or physical constraints, minimum
density requirements may be waived by the Reviewing Official.
2. Use-related provisions are not variable. Use-related provisions that are not eligible for a
variance include: building size, units per structure/lot, or densities. Unless bonus size or
density provisions are specifically authorized, the modification of building size, units per
structure, or densities requires a legislative change in the code provisions and/or a
Comprehensive Plan amendment/rezone.
3. Clustering is allowed to meet objectives such as preserving significant natural features,
providing neighborhood open space, or facilitating the provision of sewer service. Within
designated urban separators, clustering is required, consistent with the provision of RMC
4-3-110, Urban Separator Overlay Regulations.
a. The maximum net density requirement shall not be exceeded except that within urban
separators a density bonus may be granted allowing the total density to achieve one
dwelling unit per gross contiguous acre for projects that meet the following criteria:
(i) Provision of native vegetation cover on sixty-five percent(65%) of the gross area
of all parcels in the land use action, including both the area within and
outside the open space corridor, with either existing or new vegetative cover,
and at least one of the following additional criteria:
(A) Enhancement of wetlands is provided at a ratio of one-half(1/2) acre
enhanced for one acre delineated within the urban separator pursuant to
RMC 4-3-050M12b, Evaluation Criteria, and RMC 4-3-050M12c, Wetlands
Chosen for Enhancement. Enhancement proposed for a density bonus may
not also be used for a mitigation for other wetland alterations.
(B) Legal nonconforming uses are removed from the site and/or brought into
conformance with Renton standards.
(C) Natural surface pedestrian trails, with public access, are provided as part of an
adopted trail system or, where there is no planned trail system, in a
configuration approved by the Reviewing Official.
(D) In the absence of either wetlands or legal nonconforming uses on the site, public access and trails shall be
required to the satisfaction of the Reviewing Official.
(ii) Parcels within the urban separator may be combined into larger contiguous
holdings to allow platting to achieve bonus density; however, existing legal
lots shall not be reduced in land area for the purpose of transferring density
unless such lots are included in a proposed plat.
b. The area of individual lots shall not be less than ten thousand (10,000) square feet.
4. Allowed Projections into Setbacks:
a. Fireplace Structures, Windows: Fireplace structures, bay or garden windows, enclosed
stair landings, and similar structures as determined by the Zoning Administrator may
project twenty four inches (24") into any setback; provided, such projections are:
*ow (i) Limited to two (2) per facade.
(ii) Not wider than 10'.
b. Fences: See RMC 4-4-040.
c. Steps and Decks: Uncovered steps and decks not exceeding eighteen inches (18")
above the finished grade may project to any property line. Uncovered steps and
decks having no roof covering and not exceeding forty two inches (42") high may be
built within the front yard setback.
d. Eaves: Eaves and cornices may project up to twenty four inches (24") into any required
setback.
5. In order to be considered detached, a structure must be sited a minimum of six feet(6') from
any residential structure.
6. A front yard setback of less than twenty feet(20') is allowed if equal to or greater than the
average of the front yard setback of the existing, abutting primary structures; however, in
no case shall a minimum setback of less than twenty feet(20') be allowed for garages
which access from the front yard street(s).
7. For pre-existing legal lots having less than the minimum lot width required by this Section, the
following chart shall apply for determining the required minimum side yard width along a
street:
WIDTH OF EXISTING, LEGAL LOT MINIMUM SIDE YARD WIDTH ALONG A STREET
RC ZONE
150 feet or less 25 ft.
R-1 ZONE
Less than or equal to 50 ft. 10 ft.
50.1 to 51 ft. 11 ft.
51.1 to 52 ft. 12 ft.
52.1 to 53 ft. 13 ft.
53.1 to 54 ft. 14 ft.
54.1 to 55 ft. 15 ft.
55.1 to 56 ft. 16 ft.
56.1 to 57 ft. 17 ft.
57.1 to 58 ft. 18 ft.
58.1 to 59 ft. 19 ft.
59.1 and greater 20 ft.
R-4 or R-8 ZONE
Less than or equal to 50 ft. 10 ft.
50.1 to 52 ft. 11 ft.
52.1to54ft. 12 ft.
54.1 to 56 ft. 13 ft.
56.1 to 58 ft. 14 ft.
err'
58.1 or greater 15 ft.
However, in no case shall a structure over forty two inches (42") in height intrude into the
twenty-foot(20') clear vision area defined in RMC 4-11-030.
8. In no case shall building height exceed the maximum allowed by the Airport Related Height
and Use Restrictions, for uses located within the Federal Aviation Administration Airport
Zones designated under RMC 4-3-020.
9. "Public Suffix" (P) properties are allowed the following height bonus: Publicly owned
structures shall be permitted an additional fifteen feet(15')in height above that otherwise
permitted in the zone if"pitched roofs,"as defined herein, are used for at least sixty
percent(60%) or more of the roof surface of both primary and accessory structures. In
addition, the height of a publicly owned structure may be increased as follows, up to a
maximum height of seventy five feet(75')to the highest point of the building:
a. When abutting a public street, one additional foot of height for each additional one and
one-half feet(1-1/2') of perimeter building setback beyond the minimum street
setback required; and/or
'w
b. When abutting a common property line, one additional foot of height for each additional
two feet(2') of perimeter building setback beyond the minimum required along a
common property line.
development. ":Small lot clusters"of up to a maximum of fifty (50) lots shall be allowed
within six hundred feet(6001}-ef-the Single Family Land Use Designation as shown on the
Land Usc Map of the Comprehensive PlanR-4 Zone, when at least thirty percent(30%) of
the site is permanently set aside as"significant open space." Such open space shall be
situated to act as a visual buffer between small lot clusters and other development in the
zone. The percentage of open space required may be reduced by the reviewing official to
twenty percent(20%)of the site when:
a. Public access is provided to open space;
b. Soft surface trails are provided within wetland buffers; and
c. Storm water ponds are designed to eliminate engineered slopes requiring fencing and
enhanced to allow passive and/or active recreation.
Special-architcctufal-€eatures-sha+ welling-units-in small-lot-clusters. These
shall include decorative hip or gable roofs with a pitch equal to or grgater than one to two 'vise
: , .. .- - - •-- - - . . .- -- . . -. - -- •") in width, and caves
projecting at I est eighteen inches(18")from the face of the building on at I est seventy
inches (1-(3-')deep on all sides of the structure.
All portions of a site that are not dedicated to platted single family lots or a dedicated right of
way shall be set in a separate tract and/or tracts to preserve existing viable stands of
trees or other native vegetation. The tract may also be used as a receiving area for tree
replacement requirements in accordance with RMC 4-4-130H-
Such tracts shall be shown and recorded on the face of the plat to be preserved in perpetuity.
Such tracts may be included in contiguous open space for the purposes of qualifying for small
lot clustered development.
Where trees are removed, - .. - . - - . a - . --
required. they shall be replaced in accordance with RMC 4-4-130 H.
11. Lot size, width, and depth may be reduced by the Reviewing Official when, due to lot
configuration or access,four(4) dwelling units per net acre cannot be achieved. The
reduction shall be the minimum needed to allow four(4) dwelling units per net acre and ,moi
shall be limited to the following minimum dimensions:
Lot size-seven thousand two hundred (7,200) sq. ft.
Lot width-sixty feet(60').
Lot depth-seventy feet(70').
12. When lot size is reduced for the purpose of achieving maximum density, setbacks may also
be reduced by the Reviewing Official. Setback reductions shall be limited to the following:
Front-twenty feet(20').
Side yard along a street-fifteen feet(15') primary structure, twenty feet(20') attached garage
with access from the side yard.
Side-Minimum side yard combined setback-fifteen feet(15').
Minimum for one yard-five feet(5').
13. For properties vested with a complete plat application prior to November 10, 2004, and for
the Mosier Il, Maplewood East and Anthone, the following standards apply. Vested plats
must be developed within five (5)years of preliminary plat approval and/or annexation.
Maximum density—five (5) dwelling units per net acre.
Minimum lot size—seven thousand two hundred (7,200) sq. ft.
Minimum lot width—sixty feet(60')for interior lots, seventy feet(70') for corner lots.
Minimum lot depth—seventy feet(70').
Minimum front yard—fifteen feet(15')for the primary structure, twenty feet(20')for an attached
or detached garage. For a unit with alley access garage, the front yard setback for the
primary structure may be reduced to ten feet(10') if all parking is provided in the rear yard
of the lot with access from a public right-of-way or alley.
Minimum side yard along a street—fifteen feet(15').
Minimum side yard—five feet(5').
14. Covenants filed as part of any final plat shall establish that future division of land within the
plat must be consistent with the maximum density requirements as measured within the
plat as a whole as of the time of future division.
(Amd. Ord. 4963, 5-13-2002; Ord. 5100, 11-1-2004; Ord. 5132, 4-4-2005; Ord. 5153, 9-26-
2005)
'Amro
4-2-110A
DEVELOPMENT STANDARDS FOR SINGLE FAMILY RESIDENTIAL ZONING DESIGNATIONS
(Primary and Attached Accessory Structures)
RC R-1 R-4 R-8
DENSITY (Net Density in Dwelling Units per Net Acre)
Minimum Housing
Density for proposed 4 dwelling units per net
None None None
short plats or acre.1 2
subdivisions
1 dwelling unit per 1 net acre
except that in designated
Urban Separators, density of
Maximum Housing 1 dwelling unit per 10 net 4 dwelling units per 1 net 8 dwelling units per 1 net
up to 1 unit per gross acre
Densityz•14 acres.5 acre.13 acre.
may be permitted subject to
conditions in RMC 4-3-110,
Urban Separator Overlay.
NUMBER OF DWELLING UNITS PER LOT
Maximum Number 1 dwelling with 1 accessory
1 dwelling unit. 1 dwelling unit. 1 dwelling unit.
per legal lot 2 unit.
LOT DIMENSIONS
8,000 sq.ft.,11,13 except whefe
Minimum Lot Size for
10 acres. for small lot clusters10-afe
lots created after 10,000 sq. ft. for cluster greater than 1 acre.
allowed;where R-8 standards
November 10, 2004 development.3 shall apply. 5,000 sq. ft. for parcels 1
acre or less.
75 ft. for interior lots.
85 ft. for corner lots. 70 ft. for interior lots.
Minimum Lot Width Except for clustered 80 ft. for corner lots.11.13
150 ft. for interior lots. P 50 ft. for interior lots.
for lots created after 175 ft. for corner lots. development within Except where-for small lot 60 ft. for corner lots.
November 10, 2004 designated Urban Separators, clusters10 are allowed where;
R-4 standards shall apply for R-8 standards shall apply.
both interior and corner lots.
80 ft.,11,13 except for small lot
Minimum Lot Depth clusters10 where R-8 standards
for lots created after 200 ft. 85 ft. shall applyexeept-where--small 65 ft.
November 10, 2004 lot clusters40 are allowed, R 8
standards shall apply.
SETBACKS4
30 ft.,12,13 except for small lot 15 ft. for primary structure.
dusters1°where R-8 standards 20 ft. for attached garages
shall applye-xcept-where-small accessed from front or side
lot clusters40 are allowed, R 8 yard street.
Minimum Front Yard
30 ft.6 30 ft.6 standards shall apply. Unit with Alley Access
Unit with Alley Access Garage: Garage: The front yard
The front yard setback of the setback of the primary
primary structure may be structure may be reduced to
reduced to 20 ft. if all parking is 10 ft. if all parking is provided
provided in the rear yard of the in the rear yard of the lot with
lot with access from a public access from a public right-of-
right-of-way or alley.6 way or alley.6
20 ft.12,13 except where 15 ft.7 for the primary
structure and 20 ft. for
Minimum Side Yard30 ft.7 20 ft.� -small --cltrsteers10-arowe
e-all4;
attached garages which
Along a Street 15 ft. is allowed in small lot access from the front and
clusters10.
- — side yard along a street.
15 combined ft.12,13 is allowed
with a minimum of 5 ft. for any
side yard.;
Minimum Side Yard 25 ft. 15 ft. 5 ft.
5 ft is allowed in small lot
clusters10cxccpt whcrc small lot
elustersl0-are-allowed;-5-ft.
25 ft.
Minimum Rear Yard
35 ft. 25 ft. Where small-4et-clostersf0-are 20 ft.
allowed, 20 ft. is allowed in
small lot clustersl0
In no case shall a structure In no case shall a structure
In no case shall a structure In no case shall a structure
over 42 in. in height intrude over 42 in. in height intrude
over 42 in. in height intrude over 42 in. in height intrude into
Clear Vision Area into the 20 ft. clear vision into the 20 ft. clear vision
into the 20 ft. clear vision area the 20 ft. clear vision area
area defined in RMC 4-11- area defined in RMC 4-11-
defined in RMC 4-11-030. defined in RMC 4-11-030.
030. 030.
10 ft. landscaped setback
Minimum Freeway 10 ft. landscaped setback 10 ft. landscaped setback from 10 ft. landscaped setback
from the street property
Frontage Setback from the street property line. the street property line. from the street property line.
line.
BUILDING STANDARDS
Maximum Building 2 stories and 30 ft. for standard
Height and Number of roof.
Stories, except for 2 stories and 30 ft. 2 stories and 30 ft. 2 stories and 35 ft. for roofs 2 stories and 30 ft.
uses having a "Public having a pitch greater than
Suffix" (P)
3/12.
designations
Maximum Height for
Wireless See RMC 4-4-140G. See RMC 4-4-140G. See RMC 4-4-140G. See RMC 4-4-140G.
Communication
Facilities
Lots 5 acres or more: 2%.
An additional 5% of the total
area may be used for
agricultural buildings.
Maximum Building Lots 5,000 sq.ft.or greater:
Lots 10,000 sq.ft. to 5 Lots greater than 5,000 sq. ft.:
35% or 2,500 sq. ft.,
Coverage acres: 15%. On lots greater 35% or 2,500 sq. ft., whichever
(Including primary 35%. is greater. whichever is greater.
than 1 acre, an additional
and accessory 5% of the total area may be Lots 5,000 sq. ft. or less: 50%. Lots less than 5,000 sq. ft.:
buildings) used for agricultural 50%.
buildings.
Lots 10,000 sq.ft. or less:
35%.
-All dwelling units shall All dwelling units shall provide -All dwelling units shall
Vertical Facade provide vertical facade vertical facade modulation at provide vertical facade
Modulation
modulation at least every least every twenty horizontal modulation at least every
twenty horizontal feet (01), feet(20'), including front, side twenty horizontal feet (20'),
including front, side and rear and rear facades when visible including front, side and rear
facades when visible from a from a street. facades when visible from a
street. street.
Architectural features shall be Architectural features shall
provided on all dwelling units. Architectural features shall be be provided on all dwelling
These shall include provided on all dwelling units. units_These shall include
decorative hip or gable roofs These shall include decorative decorative hip or gable roofs
with a pitch equal to or hip or gable roofs with a pitch with a pitch equal to or
greater than one to two (1:2), equal to or greater than one to greater than one to two (1:2),
windows and doors with two (1:2), windows and doors windows and doors with
decorative trim at least four with decorative trim at least decorative trim at least four
Architectural inches (4") in width, and four inches (4") in width, and inches (4") in width, and
Features eaves projecting at least eaves projecting at least eaves projecting at least
eighteen inches (18") from eighteen inches (18") from the eighteen inches (18") from
the face of the building on at face of the building on at least the face of the building on at
least seventy five percent seventy five percent (75%) of least seventy five_percent
(75%) of the building's the building's exterior perimeter (75%) of the building's
exterior perimeter with with horizontal fascia at least exterior perimeter with
horizontal fascia at least ten ten inches (10") deep on all horizontal fascia at least ten
inches (10") deep on all sides sides of the structure. inches (10")deep on all
of the structure. sides of the structure.
LANDSCAPING AND OPEN SPACE
Minimum Off-Site 5 ft. wide irrigated or drought 5 ft. wide irrigated or drought
Landscaping Abutting resistant landscape strip; resistant landscape strip;
Non-Arterial Public provided, that if there is provided, that if there is
Streets for Plats and additional undeveloped right-of- additional undeveloped right-
Short Plats Submitted way in excess of 5 ft., this shall of-way in excess of 5 ft., this
on or after November also be landscaped. shall also be landscaped.
10, 2004
10 ft. wide irrigated or
10 ft. wide irrigated or drought
Minimum Off-Site resistant landscape strip; drought resistant landscape
Landscaping Abutting provided, that if there is strip; provided, that if there is
Principal, Minor and additional undeveloped right-
additional undeveloped right-of-
Collector Arterial way in excess of 10 ft., this of-way in excess of 10 ft., this
Streets for Plats and shall also be landscaped,
shall also be landscaped,
Short Plats Submitted unless otherwise determined
unless otherwise determined by
on or after November by the reviewing official
the reviewing official during the
10, 2004 during the subdivision
subdivision process.
process.
Minimum On-or Off- At least two (2) trees of a City- At least two (2)trees of a
Site Tree approved species with a City-approved species with a
Requirements for minimum caliper of 1 1/2" per minimum caliper of 1 1/2" per
Plats and Short Plats tree shall be planted in the front tree shall be planted in the
Submitted on or after yard or planting strip of every front yard or planting strip of
November 10, 2004 lot prior to occupancy. every lot prior to occupancy.
EXCEPTIONS
Nothing herein shall be Nothing herein shall be Nothing herein shall be Nothing herein shall be
determined to prohibit the determined to prohibit the determined to prohibit the determined to prohibit the
Pre-Existing Legal construction of a single construction of a single family construction of a single family construction of a single family
Lots family dwelling and its dwelling and its accessory dwelling and its accessory dwelling and its accessory
accessory buildings on a buildings on a pre-existing buildings on a pre-existing legal buildings on a pre-existing
pre-existing legal lot legal lot provided that all lot provided that all setbacks, legal lot provided that all
provided that all setbacks, setbacks, lot coverage, height lot coverage, height limits, setbacks, lot coverage,
lot coverage, height limits, limits, infrastructure, and infrastructure, and parking height limits, infrastructure,
infrastructure, and parking parking requirements for this requirements for this zone can and parking requirements for
requirements for this zone zone can be satisfied and be satisfied and provisions of this zone can be satisfied
can be satisfied and provisions of RMC 4-3-050, RMC 4-3-050, Critical Areas, and provisions of RMC 4-3-
provisions of RMC 4-3-050, Critical Areas, can be met. can be met. 050, Critical Areas, can be
Critical Areas, can be met. met.
CRITICAL AREAS
See RMC 4-3-050 and 4-3- See RMC 4-3-050 and 4-3- See RMC 4-3-050 and 4-3-
General — See RMC 4-3-050 and 4-3-090.
090. 090. 090.
(Ord. 4869, 10-23-2000; Amd. Ord. 4963, 5-13-2002; Ord. 5100, 11-1-2004; Ord. 5132, 4-4-2005; Ord. 5153, 9-26-2005)
Attachment 2: Tree Retention
ISSUE
• How does the City of Renton approach tree retention now?
• What types of standards are needed to formalize a tree retention program?
RECOMMENDATION
Staff recommends adopting code amendments that would require tree retention. The
retention standard would be very close to the de facto standard that was established
through a Director's Rule in March 2006.
BACKGROUND SUMMARY
The East Renton Plateau Citizens Task Force raised concerns directed at the City's
existing tree retention policies. Citizens support a more thorough tree retention policy as
a means to address quality development. Tree retention is not mandated in Renton's
current development regulations. In fact, the section of code that addresses the issue is
aptly titled "Tree Cutting and Land Clearing." Trees are really only required to be
retained in critical areas. In the pre-Growth Management era, this seemed adequate,
however, now the City is required to accept its fair share of regional growth. As
development continues in Renton and surrounding communities, trees and green open
spaces have been squeezed out. In most cases, developers find it easier to completely
clear a parcel and retain no trees. As a result, there is very little tree canopy in areas of
development.
Tree retention is important for a number of reasons. Trees are part of a natural drainage
system that allows for ground water recharge and prevents excessive erosion. Developed
areas near stands of retained vegetation have fewer storm water concerns because of the
intact natural drainage system in such areas. Stands of trees are natural buffers against
noise, hot summer sun, and cold winter wind. Trees naturally reduce pollution and
provide clean oxygen through the process of transpiration. They also provide habitat and
are aesthetically pleasing to many.
As a matter of policy, Renton broadly supports the retention of trees. Comprehensive
Plan objective CD-J and Policy CD-45 stress the importance of retaining existing
vegetation as part of a citywide landscaping plan. Objective EN-F and Policies EN-24
and 25 discuss the importance of maintaining natural areas to assist with storm water
control. The City's 2006-2011 Business Plan Goals similarly state that in order to fulfill
its goal to "manage growth through sound urban planning,"the City should "uphold a
high standard of design and property maintenance throughout the City." Tree retention
fits neatly into the policies Renton has adopted to guide the City.
While the City has broad policies supporting tree retention, and a broad authority
supporting retention in code, specific implementation and standards are lacking. A
Director's Rule issued in March 2006 took a major step in interpreting Renton's tree
retention policies. This rule requires an inventory of all trees 6" or larger in diameter for
all land development projects. Using the inventory as a baseline, diseased and damage $
trees are removed and the rule states that 25 percent of the remaining trees 8"or larger
must be retained. If the trees cannot be retained, they are replaced at a one to one ratio.
Critical areas and native growth protection easements are excluded from the retention
analysis, because 100 percent retention is already required in those areas according to
Renton Municipal Code.
Even though the Director's Rule has been useful in establishing a baseline for tree
preservation, there have been challenges in implementation. Application of the rule still
involves a lot of interpretation on topics such as whether or not retained trees can count
toward the landscaping requirements, or if tree retention requirements should be based on
net developable area or gross developable area. There is no adequate process for the
review of tree retention plans, and no authority to require third party review of tree
retention plans. Recent extreme weather events have also resulted in further questions
about long term retention and replacement requirements.
Staff reviewed many different tree retention codes from other jurisdictions. The
Director's Rule was based on tree retention code in the City of Newcastle. While there
have been some implementation challenges, and additional work should be done to refine
the standards in the Director's Rule, it is a system that basically works to preserve trees.
The proposed changes to the tree retention code would result in a codification of the
Director's Rule and the establishment of formal standards for tree retention.
,,,fir
In the proposed code changes, the basic standard for tree retention would be 25 percent,
or 25 trees per acre, whichever is greater. All trees 6"in diameter or larger would be
inventoried, with the exception of those already in critical areas, critical area buffers, or
in native growth protection easements. Any dead, diseased, or damaged trees would be
removed from the count before the 25 percent/25 per acre standard was applied to
determine the number of protected trees. Trees in proposed roadways or utility
easements would be included in the calculation, and a tree could not be double-counted
as both a protected tree and a street tree.
In cases where tree retention cannot meet the 25 percent/25 per acre standard,there are
options for replacement and replanting. Trees that could not be retained would be
replaced at rate of twelve (12) caliper inches of trees for each tree to be replaced.
Replacement trees would need to be a minimum of two (2) caliper inches. The 25 trees
per acre standard acts as a minimum requirement and ensures that even a lot that has been
completely cleared prior to development would be responsible for its share of future tree
canopy. It eliminates a loophole that provides an incentive for the clearing, or partial
clearing, of property prior to submitting development permits in attempt to avoid tree
retention requirements. Replanting of trees to meet the minimum standard would use the
same replacement ratio, twelve(12) caliper inches of new trees replanted for each
required tree.
H:\EDNSP\Title IV\General\Tree Retention\2007\Issue Paper PC Tree Retention(Jan 07).doc Page 2 of 3
It is also important to remove another loophole that works against tree preservation
Lr. efforts. Currently, the code exempts any lot less than half an acre in size from the tree
cutting and land clearing requirements. This means that the majority of the parcels in the
City could clear cut every tree on the lot. It could also result in the massive removal of
retained, replaced, or replanted trees once the subdivision process was completed. As
part of the proposed changes, this exemption would be lowered to 4,500 square foot lots.
Anyone with a lot smaller than 4,500 square feet could still clear cut, but those above that
size would be subject to the tree cutting limitations already set up in the Renton
Municipal Code. This means that property owners with lots over one acre in size could
remove up to six (6)healthy trees per year from their properties without a development
permit. Property owners with lots between 4,500 square feet and an acre could remove
up to three(3) healthy trees per year without a development permit. Property owners
who wish to remove more trees than allowed by code would need a permit to do so.
Strengthening tree retention in Renton is the goal of these code amendments. Changes
are proposed to various sections of the Renton Municipal Code, such as the Landscape
Regulations, Routine Vegetation Management Permit Rules, Submittal Requirements for
permits, and several code definitions. These changes are all made to ensure consistency
throughout the code for terminology and the application of the proposed tree retention
regulations. Additional requirements have also been proposed to the section on Tree
Retention to protect retained trees during grading and construction and to allow the
Development Services Director the authority to ask for independent, third party review
when such review is needed. These proposed changes provide a basis to ensure that the
trees planned for retention remain viable through the completion of the project.
CONCLUSION
Given the current rate of development, much of the existing tree canopy in the City of
Renton will be lost unless there are regulations in place for tree retention. This is
especially important in the East Renton area, which could be annexed in the City in
March, if the area favors annexation. There are several large stands of trees and pent-up
demand for housing development in that area. The Director's Rule has done an adequate
job of tree retention but has drawn attention to the need for codified standards for tree
preservation.
H:\EDNSP\Title IV\General\Tree Retention\2007\Issue Paper PC Tree Retention(Jan 07).doc Page 3 of 3
PROPOSED CHANGES FOR TREE RETENTION-DRAFT February 2007 NIS
4-4-070 LANDSCAPING:
C. AUTHORITY AND INTERPRETATION
1. PLANS REQUIRED:
Conceptual and detailed landscaping plans are required for all non-exempt development.
Specific submittal requirements shall be as indicated in RMC 4-8-120, Submittal Requirements.
The conceptual plans must be submitted prior to any land use action approval and detailed
landscape plans must be approved prior to issuance of a building permit.
2. Authority and Interpretation: The City's Development Services Division Director, or his
duly authorized representative, is hereby authorized and directed to interpret and enforce all
the provisions of this Section. (Ord. 5137, 4-25-2005)
3. Independent Secondary Review: The City's Development Services Director, or a duly
authorized representation, may require independent review of any land use application that
involves tree removal and land clearing at the City's discretion. An evaluation by an
independent qualified professional regarding the applicant's analysis on the effectiveness of
any proposed removal, retention, or replacement measures, to include recommendations as
appropriate. This shall be paid at the applicant's expense and the City shall select the third
party review professional.
'goi
D. GENERAL LANDSCAPE REQUIREMENTS:
1. Street Frontage Landscaping Required: On-site landscaping is generally required along
all street frontages, with the exception of areas of pedestrian walkways and driveways.
2. Pervious Areas to Be Landscaped: Pervious areas, with the exception of critical areas,
shall have landscape treatment as appropriate. Landscaping may include hardscape such as
decorative paving, rock outcroppings, fountains, plant containers, etc.
3. Residential Rear/Side Yard/Landscaping Along Streets:When rear or side yards are
along property lines abutting a street, there shall be a minimum five-foot(5') planting area in
the public right-of-way. This will necessitate setting any future fencing back from the edge of
the right-or-way so that the landscaping is visible from the street. Landscaping is required
prior to occupancy. Maintenance of such areas shall be the responsibility of the property
owner(s). The maintenance requirement may necessitate provision of a gate in the fence to
access the planting area.
4. Compliance with Zone Standards Required: See specific zone requirements listed in
chapter 4-2 RMC.
5. Parking Lot Landscaping Requirements: Parking lot landscaping requirements are
listed in RMC 4-4-080F7.
r.rr�3
•
1
6. (Rep. by Ord. 5153, 9-26-2005) Protected trees shall be retained in accordance with RMC
4-4-130.
7. Use of Existing Plant Material: Existing trees and other vegetation on the site of a
proposed development shall be used to augment new plantings to meet the requirements of
thissection. - - . . • - • •- ... • . • ... _ _ - - __ - •-
-- . ' •-• . . _ - • _ -- -- A
Submittal Requirements), the survey or inventory of trees shall include the name, size,
••• - • • • •- . _ -- •. . ._ _. Trees retained or replaced in
accordance with the minimum requirements in RMC 4-4-130 Tree Retention and Land
Clearing Regulations shall not be counted toward meeting the landscaping requirements
of this section.
8. Use of Drought-Resistant Plants: Incorporation of drought-resistant plants into the
landscape is encouraged.
9. Avoidance of Hazards: All landscaping shall be planned in consideration of the public
health, safety, and welfare.
a. Landscaping shall not intrude within the clear vision area at driveways and street
intersections.
b. Trees planted near overhead power lines shall be species that will not eventually
interfere-withqrow into such lines.
c. Landscaping shall not obscure fire hydrants or access for emergency-response
vehicles.
d. Avoid planting trees that may damage sidewalks.
10. Preservation of Unique Features: If practicable, uniqueUnique features within the site
shall be preserved and incorporated into the site development design (such as significant
vegetation and rock outcroppings).
for wildlife habitat. These ar as should not be dispersed throughout a site, but should be
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12. Slopes: Stripping of vegetative slopes where harmful erosion and run-off will occur shall
be aveidedprohibited. The faces of cut and fill slopes shall be developed and maintained to
control against erosion. This control may consist of effective planting. The protection for the
slopes shall be initiated upon completion of grading and fully installed within thirty(30) days
of grading completion and prior to a request for final project approval. Where slopes are not
subject to erosion due to the erosion-resistant character of the materials such protection may
be omitted with the permission of the Public Works Department, provided that this protection
is not required by the rehabilitation plan.
13. Erosion Control Devices: Where necessary, check dams, cribbing, riprap or other
devices or methods shall be employed to control erosion and sediment, provide safety and
control the rate of water run-off.
14. Permanent Underground Irrigation System Required:
a. Underground irrigation systems shall be installed and maintained in good working
order in all landscaped areas of industrial, commercial, and multi-family development,
and landscaped common areas in single family subdivisions.
b.The irrigation system shall provide full water coverage of the planted areas as
specified in the plan.
c. The irrigation system maintenance program shall include scheduled procedures for
winterization.
d. Exceptions: Landscape plans featuring one hundred percent(100%)drought tolerant
plants or landscaping already established without irrigation systems are exempt from
installation of permanent irrigation system, but drought tolerant proposals must provide
supplemental moisture by means of a City-approved temporary irrigation system for a
period not less than two(2) years. The applicant must provide a maintenance security
device for a period of three (3) years from the date of approval of landscape installation to
ensure survival of plants.
H. AMENDED LANDSCAPING PLAN:
1. Modification of Landscape Plans: In the event there are significant physical elements
that are discovered after preliminary plan approval that may prevent installation of the
landscaping as proposed, the landscape plan may be modified upon request to the
Development Services Director. Such request must be accompanied by the following:
a. Copy of original, approved landscape plan.
b. An amendment plan meeting requirements of RMC 4-8-120D12, Landscape Plan,
detailed.
c. Narrative describing and justifying proposed changes.
d. Modified tree retention and land clearing plan for any protected trees proposed to be
removed in accordance with RMC 4-4-130 Hie.
2. Acceptability of Requested Modifications: The plans may be approved, denied or
returned to the applicant with suggestions for changes that would make them acceptable.
5
3. Failure of Plan to Meet Intent: The Development Services Director may initiate revisions
to an approved landscape plan, prior to release of an ac..urancea surity device, if the installed
"gr.e landscaping has failed to meet the intent of City landscape requirements.
K. DAMAGED LANDSCAPING:
Upon request of the City, any Landscaping required by City regulations that is damaged must be
replaced • - . . - . __ •: as determined by the Development Services Director.
See also"Specific Landscape Requirements, Trees" herein. Damaged protected trees shall be
replaced in accordance with RMC 4-4-130 Hie.
(Ord. 3718, 3-28-1983; Ord. 4832, 3-6-2000; Ord. 4856, 8-21-2000; Amd. Ord. 4963, 5-13-2002;
Ord. 5100, 11-1-2004)
4-4-130 TREE CUTTING-RETENTION AND LAND CLEARING REGULATIONS:
A. PURPOSE:
This Section provides regulations for the clearing of land and the protection and preservation of
trees, shrubs and groundcover plants .•: • e _ . _•. The purposes of
these regulations are to:
1. Preserve and enhance the City's physical and aesthetic character by minimizing
indiscriminate removal or destruction of trees, shrubs,and ground cover;
2. Implement and further the goals and policies of the City's Comprehensive Plan for the
environment, open space, wildlife habitat, vegetation, resources, surface drainage,
—• watersheds, and economics;
such as condition(e.g., die ace, danger of falling, etc.), proximity to existing and proposed
trees and ground cover;
54. Promote land development practices that result in minimal adverse disturbance to
existing vegetation and soils within the City while at the same time recognizing that certain
factors such as condition(e.q., disease, danger of falling, etc.), proximity to existing and
proposed structures and improvements, interference with utility services, protection of scenic
views, and the realization of a reasonable enjoyment of property may require the removal of
certain trees and ground cover;
65. Minimize surface water and groundwater runoff and diversion, and aid in the stabilization
of soil, and to minimize erosion and sedimentation, and minimize the need for additional
storm drainage facilities caused by the destabilization of soils;
76. Retain clusters of trees for the abatement of noise and for wind protection,;and to reduce
air pollution by producing pure oxygen from carbon dioxide.
6
carbon-dioxide.(Ord. 5137, 4-25-2005)
7. Protect trees during construction activities from damage to tree roots, trunks, and
branches.
8. Recognize that trees increase real estate values.
B. APPLICABILITY:
The regulations of this Section apply to any developed, partially developed or undeveloped
property where land development or routine vegetation management activities are undertaken.
(Ord. 5137, 4-25-2005)
C. ALLOWABLE-ALLOWEDTREE CUTTING-REMOVAL ACTIVITIES:
Tree cutting removal and associated use of mechanical equipment is permitted as follows, except
as provided in subsection D2 of this Section, Restrictions for Critical Areas, and in RMC 4-3-
110E5b, Urban Separator Overlay Regulations.
1. Emergency Situations: Removal of trees and/or ground cover by the City and/or public or
private utility in emergency situations involving immediate danger to life or property,
substantial fire hazards, or interruption of services provided by a utility.
2. Dead, Dangerous, or Diseased Trees: Removal of dead, terminally diseased, damaged,
or dangerous ground cover or trees which have been certified as such by a forester,
registered landscape architect, or certified arborist, selection of whom to be approved by the
City based on the type of information required, or the removal of which is approved by the
City.
3. Maintenance Activities/Essential Tree Removal—Public or Private Utilities, Roads
and Public Parks: Maintenance activities including routine vegetation management and
essential tree removal for public and private utilities, road rights-of-way and easements, and
public parks.
4. Installation of SEPA Exempt Public or Private Utilities: Installation of distribution lines
by public and private utilities; provided, that such activities are categorically exempt from the
provisions of the State Environmental Policy Act and RMC 4-9-070, Environmental Review
Procedures.
5. Existing and Ongoing Agricultural Activities: Clearing associated with existing and
ongoing agricultural activities as defined in chapter 4-11 RMC, Definitions.
6. Commercial Nurseries or Tree Farms: RemovalClearing or cutting of only those trees
which are planted and growing on the premises of a licensed retailer or wholesaler.
7. Public Road Expansion: Expansion of public roads, unless critical areas would be
affected, in which case see subsections C12 and C13 of this Section.
8. Site Investigative Work: Site investigative work necessary for land use application
submittals such as surveys, soil logs, percolation tests, and other related activities including
the use of mechanical equipment to perform site investigative work provided the work is
conducted in accordance with the following requirements: **we
7
a. Investigative work should not disturb any more than five percent(5%)of any protected
sensitive area described in subsection D2 of this Section, Restrictions for Critical Areas,
%Ise on the subject property. In every case, impacts shall be minimized and disturbed areas
restored.
b. In every location where site investigative work is conducted, disturbed areas shall be
minimized, and immediately restored.
c. A notice shall be posted on the site by the property owner or owner's agent indicating
that site investigative work is being conducted, and that the work must minimize
disturbance to the critical areas identified in subsection D2 of this Section, Restrictions for
Critical Areas.
d. No site investigative work shall commence without first notifying the Director or his or
her designee in advance.
9. Allowable Minor Tree GuttingRemoval Activities: Except as provided in subsection D2
of this Section, Restrictions for Critical Areas, and except for the removal of trees retained as
part of an tree retention plan, tree Tree cutting removal and associated use of mechanical
equipment is permitted as follows, except as provided in subsection D2 of this Section,
Restrictions for Critical Ar as:
a. On . . e•-• - - -• e.... e .. :any lot less than one half(1/2)of an
acre•1,500 square feet, any number of trees may be removed;
b. On a lot : •- - •.• e•• •• -- - 4,500 square feet or
greater ; provided, that:
Now-
more than three(3)trees are removed in any twelve (12) month period from a
property under thirty five thousand (35,000)square feetone(1)acre in size; and
ii. No more than six (6)trees are removed in any twelve(12) month period from a
property thirty five thousand (35,000)square feetone (1)acre and greater in size.
L;y1 r FEES
FAR
CEVELO'ED
tINC'EVELOPEC I
4:
. . ...._._4LELL4114
Iii. 1++. Rights-of-Way Unobstructed: In conducting minor tree cuttingremoval
activities, rights-of-way shall not be obstructed unless a right-of-way use permit is
obtained.
c. Removal of retained trees subject to a tree retention plan is subject to the
Replacement requirements in subsection H1e.
10. Landscaping or Gardening Permitted:
44Yrr
8
, - - -• - - -- - - - -- -- - - - - --- - - -- e--••:.
Land clearing in conformance with the provisions of subsection C9, Allowable Minor
Tree CuttingRemoval Activities, and subsection D2 of this Section, Restrictions for
Critical Areas, is permitted :• . :.• _ for purposes
of landscaping or gardening; provided, that no mechanical equipment is used.
11. Operational Mining/Quarrying: Land clearing and tree cuttingremoval associated with
previously approved, operational mining and quarrying activities.
12. Modification of Existing Utilities and Streets - e e - -- - . •- : : : -
05007) by Ten Percent(10%)or Less: - - - • - !_!- _ .•
13. Utilities, Traffic Control, Walkways, Bikeways Within Existing, Improved Right-of-
Way or Easements: Within existing improved public road rights-of-way or easements,
installation, construction, replacement, operation, overbuilding, or alteration of all natural gas,
cable, communication, telephone and electric facilities, lines, pipes, mains, equipment or
appurtenances,traffic control devices, illumination, walkways and bikeways. If activities
exceed the existing improved area or the public right-of-way, this exemption does not apply.
Where applicable, Rrestoration of disturbed areas shall be completed. (Ord. 4851, 8-27-2000;
Ord. 5132, 4-4-2005; Ord. 5137, 4-25-2005)
D. PROHIBITED ACTIVITIES:
1. Prohibited Activities:There shall be no tree cutting removal or land clearing on any site
for the sake of preparing that site for future development unless a land development permit,
as defined in RMC 4-8-120 D 12 for the site has been approved by the City.
2. Restrictions for Critical Areas—General: Unless exempted by critical areas, RMC 43-
05005 or Shoreline Master Program regulations, RMC 4-3-090, no tree cuttingremoval, or
land clearing, or groundcover management is permitted:
a. On portions of property with protected critical habitats, per RMC 4-3-050K; streams
and lakes, per RMC 4-3-050L; Shorelines of the State, per RMC 4-3-090, Renton
Shoreline Master Program Regulations; and wetlands, per RMC 4-3-050M; and their
associated buffers;
b. On protected slopes except as allowed in this Section or in the Critical Areas
Regulation, RMC 4-3-050; or
c. Areas classified as very high landslide hazards, except as allowed in this Section or in
the Critical Areas Regulations, RMC 4-3-050.
RMC 4 3 050E4.
3. Restrictions for Native Growth Protection Areas: Tree cutting-removal or land clearing
shall not be permitted within a native growth protection area except as provided in the
established native growth protection area requirements of RMC 4-3-050E4. be consistent
. - .- - •- ' e - • - - •- -• - - •--' -.. .. - _ , - . - ._. (Ord. 5137,
4-25-2005)
9
E. - - + • ` • • 9-1 ' REVIEW AUTHORITY:
Noble 1. Authority and Interpretation: The City's Development Services Division
DirectorReviewinq Offical, : .. .. •. . - -• . -, is hereby authorized and
directed to interpret and enforce all the provisions of this Section. He or she is authorized
require retention above the minimum standards, to require phasing of tree retention plan, or
to require any other measures to meet the purpose of this section. (Ord. 5137, 4-25-2005)
2. Independent Secondary Review: The Reviewing Official may require independent review
of any land use application that involves tree removal and land clearing at the City's
discretion. An evaluation by an independent qualified professional regarding the applicant's
analysis on the effectiveness of any proposed removal, retention, or replacement measures,
to include recommendations as appropriate. This shall be paid at the applicant's expense
and the City shall select the third party review professional.
F. PERMITS REQUIRED:
1. Land Development Permit: An approved land development permit, as defined in RMC 4-
8-120 D 12, is required in order to conduct tree cutting removal or land clearing on any site
for the sake of preparing that site for future development.
2. Permit Required for Routine Vegetation Management on Undeveloped Properties:
Any person who performs routine vegetation management, as defined in RMC 4-11-180, on
undeveloped property in the City must obtain a routine vegetation management permit prior
to performing such work.
3. Permit Required to Use Mechanical Equipment: Except where use of mechanical
"`a"" equipment is specifically listed as exempt, any person who uses mechanical equipment for
routine vegetation management, land clearing, tree st tt+ngremoval, landscaping, or
gardening on developed, partially developed or undeveloped property must obtain a routine
vegetation management permit prior to performing such work.
4. Timber Stand Maintenance—Conditional Use Permit Required: While timber
harvesting shall not be permitted until such time as a valid land development is approved, a
request may be made for maintenance and thinning of existing timber stands to promote the
overall health and growth of the stand. Permits allowing maintenance and thinning beyond
the limits allowed in subsections subsection C9 of this Section, Allowable Minor Tree Cutting
Removal Activities, shall be considered as a conditional use permit by the Hearing Examiner
according to the following criteria in lieu of standard conditional use permit criteria:
a. Appropriate approvals have been sought and obtained with the State Department of
Natural Resources; and
b. The activity shall improve the health and growth of the stand and maintain long-term
alternatives for preservation of trees; and
c. The activity shall meet the provisions of subsections H2, Applicability, Performance
Standards and Alternates, and H3, General Review Criteria, of this Section; and
d. Thinning activities shall be limited to less than forty percent(40%)of the volume and
trees.
+err
10
5. Tree Cutting-Removal—Solar Access or Pasture Land: A routine vegetation
management permit is required for tree cutting-removal in greater amounts than specified
under partially exempt actions in subsection C9 of this Section, Allowable Minor Tree Cutting fid`
Removal Activities, for any property where tree cutting removal is proposed without an
associated land development permit. A routine vegetation management permit may be issued
allowing tree cuttingremoval only in the following cases:
a. For purposes of allowing solar access to existing structuressolar energy panels, or to
structures that specifically incorporate solar energy in to the building design; or
b.To create pasture land where agricultural activities are permitted uses in the zone.
Any tree Gutting-removal activities shall be the minimum necessary to accomplish the
purpose, and shall be consistent with subsection D2 of this Section, Restrictions for Critical
Areas. (Ord. 5137, 4-25-2005)
G. ROUTINE VEGETATION MANAGEMENT PERMIT REVIEW PROCESS:
Permits for routine vegetation management shall be processed consistent with RMC 4-9-195,
Routine Vegetation Management Permits. (Amd. Ord. 4963, 5-13-2002; Ord. 5137, 4-25-2005)
H. PERFORMANCE STANDARDS FOR LAND DEVELOPMENT/BUILDING PERMITS:
1. Protected Trees-Retention Required: Trees shall be retained as follows:
a. Damaged and diseased trees excluded: Trees that are damaged or diseased or are
safety risks due to root, trunk or crown structure failure shall not be counted as protected
trees. v4.0
b. Residential:
i. RC, R-1, R-4 and R-8 zones: Twenty-five percent (25%) of the trees located on the
lot, or a minimum of twenty five (25) trees per acre, which ever is greater, shall be
considered protected and retained in a residential or institutional development.
ii. All other residential zones: Ten percent (10%) of the trees located on the lot, or a
minimum of ten (10) trees per acre, which ever is greater, shall be considered
protected and retained in a residential or institutional development.
iii. Critical areas and their buffers shall be excluded from the above calculation, but
trees in proposed street right of ways and easements shall be counted. If the number
to be retained includes a fraction of a tree, any amount equal to or greater than one-
half tree(1/2)shall be rounded up;
c. Industrial and Commercial: Five percent of the trees located on the lot, excluding
critical areas or their buffers shall be considered protected and retained in commercial or
industrial developments. Critical areas and their buffers shall be excluded from this
calculation, but trees in proposed street right of ways and easements shall be counted. If
the number to be retained includes a fraction of a tree, any amount equal to or greater
than one-half tree (1/2)shall be rounded up;
d. Utility uses and mineral extraction uses: such operations shall be exempt from the
protected tree retention requirements of this chapter if removal can be justified in writing
and approved by the Reviewing Official.;
e. Replacement Requirements:
11
i. When the required number of protected trees cannot be retained, new trees, with
a two inch (2")caliper or greater, shall be planted. The replacement rate shall be
`'os" twelve (12)caliper inches of new trees to replace eachprotected tree removed;
ii. When a tree or tree cluster that is part of an approved tree retention plan cannot
be retained, mitigation shall be required per subsection i, above.
iii. Trees used to meet these replacement requirements may not be counted toward
the required landscaping requirements in RMC 4-4-070.
iv. Unless replacement trees are being used as part of an enhancement project in a
critical area or buffer, they shall not consist of any species listed in RMC 4-4-130
H 7d.
f. Replanting Requirements: Residential sites that can not meet the minimum requirement
of 25 trees per acre, as specified in RMC 4-4-130 H1 b, shall be replanted according to
the replacement requirements in RMC 4-4-130 H1e
2. Plan Required: When a land development permit, as defined in RMC 4-8-120 D12. is
submitted to the City it shall be accompanied by a tree cutting removaland land clearing plan.
NOW
erosion hazard areas.
b. Show trees to be cut in protected critical areas: wetlands, Shorelines of the State,
• - , --- - , tete ..• -- - - - - - , • •.e-
c.
-c. Show all trees to be retained in critical arca buffers.
develepment.
e. In all other ar as of the site, trees to be cut may be indicated generally with clearing
..• •-- . . . . .. .. ; . e. . . ..
23. Applicability, Performance Standards and Alternates: All land clearing and tree
c+ tting-removal activities shall conform to the criteria and performance standards set forth in
this Section unless otherwise recommended in an approved soil engineering, engineering
geology, hydrology or forest management plan and where the alternate procedures will be
equal to or superior in achieving the policies of this Section. All land clearing and tree
e ttingremoval activities may be conditioned to ensure that the standards, criteria, and
purpose of this Section are met.
12
34. General Review Criteria: All land clearing and tree cuttingremoval activities shall comply
with RMC 4-4-060 Grading, Excavation, and Mining Regulations, and shall meet the following
criteria: N„rii`
a.The land clearing and tree cutting-removal will not create or-significantly contribute to
landslides, accelerated soil creep, settlement and subsidence or hazards associated with
strong ground motion and soil liquefaction.
b. The land clearing and tree cuttingremoval will not create or significantly-contribute to
flooding, erosion, or increased turbidity, siltation or other form of pollution in a
watercourse.
c. Land clearing and tree cuttingremoval will be conducted to maintain or provide visual
screening and buffering between land uses of differing intensity, consistent with
applicable landscaping and setback provisions of the Renton Municipal Code.
d. Land clearing and tree cttingremoval shall be conducted so as to expose the smallest
practical area of soil to erosion for the least possible time, consistent with an approved
build-out schedule and including any necessary erosion control measures.
e. Land clearing and tree cuttingremoval shall be consistent with subsection D2 of this
Section, Restrictions for Critical Areas, and RMC 4-3-050, Critical Areas Regulations.
f. Retained trees will not create or contribute to a hazardous condition as the result of
blowdown, insect or pest infestation, disease, or other problems that may be created as a
result of selectively removing trees and other vegetation from a lot.
65. Timing: The City may restrict the timing of the land clearing and tree cuttingremoval
activities to specific dates and/or seasons when such restrictions are necessary for the public
health, safety and welfare, or for the protection of the environment.
66. Restrictions for Critical Areas: See subsection D2 of this Section, Restrictions for
Critical Areas—General, and RMC 4-3-050, Critical Areas Regulations.
n. Tree/Ground Cover Retention: The following measures may be used by the Department
.• - - - - ••Reviewing Official in conditioning a land development permit or
building permit proposal per subsection H4 of this Section, Tree Preservation, to comply with
the general review criteria of subsection H-3H4:- wry/
13
a. Trees shall be maintained to the maximum extent feasible on the property where they
are growing. The Reviewing Official may require modification of the tree retention and
land clearing plan, or the associated land development permits, to ensure the retention of
the maximum number of trees.
b. The Gity-Reviewing Official may require ardier—allow-the applicant to relocate or
replace trees, provide interim erosion control, hydroseed exposed soils, or other similar
conditions which would implement the intent of this Section.
c. Priority shall be given to retention of trees on sensitive slopes and on lands classified
critical areas regulations. - - -
dc. Where feasible, treesTrees that shelter interior trees or trees on abutting properties
from strong winds that could otherwise cause them to blow down should be retained.
ed. Except in critical areas or their buffers, unless enhancement activities are being
performed, the removal of trees on the following list should be allowed in order to avoid
invasive root systems, weak wood prone to breakage, or varieties which tend to harbor
insect pests:
i. All Populus species including cottonwood (Populus trichocarpa), quaking aspen
(Populus tremuloides), lombardy poplar(Populus nigra"Italica"), etc.
ii. All Alnus species which includes red alder(Alnus oregona), black alder(Alnus
glutinosa), white alder(Alnus rhombifolia), etc.
Ntrr, iii. Salix species which includes weeping willow(Salix babylonica), etc.,unless along
iv. All Platanus species which include London plane tree (Platanus acerifolia),
American sycamore, buttonwood (Platanus occidentalis), etc.
88. Protection Measures During Construction:
Protection measures in this subsections H8b(i)through H8b(vi)
of this Section shall apply for all trees which are to be retained in areas immediately subject
toconstruction._ -- - -- -••-• _ _ __ _. - _ - • _e•, __ ' - _•
inapplicable to the specific on site conditions or if the intent of the regulations will be
implemented by another means with the same result.
b. Drip Line: All of the following tree protectionsafeguarding measures shall apply:
ia.Construction storage prohibited:-The applicant may not fill, excavate, stack or
store any equipment, dispose of any materials, supplies or fluids, operate any
equipment, install impervious surfaces,or compact the earth in any way within the
area defined by the drip line of any tree to be retained.
tib. Fenced protection area required: The applicant shall erect and maintain six-foot-
high chainlinkand maintain rope barriers, temporary construction fencing around the
drip lines of all retained trees, or along the perimeter of a stand of retained trees. 7-43r
- -- e- - - - -• •- e - -- - - - et . Placards shall be placed on
41r.r fencing every fifty feet(50') indicating the words, "NO TRESSPASSING- Protected
14
Trees"or on each side of the fencing if less than fifty feet(50'). Side access to
individually protected trees or groups of trees shall be fenced and signed. Individual
trees shall be fenced on four sides. In addition, the applicant shall provide '"_`_
supervision whenever equipment or trucks are moving near trees.
Protection from grade changes: If the grade level adjoining to a tree to be
retained is to be raised, the applicant shall construct a dry rock wall or rock well
around the tree. The diameter of this wall or well must be equal to the tree's drip line.
ivd. Impervious surfaces prohibited within the drip line: The applicant may not install
impervious surface material within the area defined by the drip line of any tree to be
retained.
ye. Restrictions on grading within the drip lines of retained trees: The grade level
around any tree to be retained may not be lowered within the greater of the following
areas: (1)the area defined by the drip line of the tree, or(2)an area around the tree
equal to one and a half feet(1 %2')feet in diameter for each one inch of tree caliper.
The Reviewing Official may require a larger tree protection zone based on tree size,
species, soil, or other conditions.
vif. Mulch layer required: All areas within the required fencing shall be covered
completely and evenly with a minimum of three inches (3")of bark mulch prior to
installation of the protective fencing. Exceptions may be approved by the Reviewing
Official if the mulch will adversely affect protected groundcover plants.
q. Monitoring required during construction:The applicant shall retain a professional arborist or
a other qualified professional to prune branches and roots,fertilize,and water as appropriate
for any trees and ground cover which are to be retained.(Ord.5137,4-25-2005)
h Alternative protection: Alternative safeguards may be used if determined by the Reviewing
Official to provide equal or greater tree protection.
9. Maintenance
a. All retained trees, including protected trees, shall be maintained for the life of the project;
b.All retained trees and vegetation shall be pruned and trimmed to maintain a healthy
growing condition or to prevent limb failure;
c. With the exception of dead, diseased, or damaged trees specifically retained to provide
wildlife habitat; other dead, diseased, damaged or stolen planting shall be replaced within
three months or during the next planting season if the loss does not occur in a planting_
season;
10. Bonds/security
a. Performance bonds or other appropriate security(including letters of credit and set aside
letters)shall be required for a period of three years after the planting or transplanting of
vegetation to insure proper installation, establishment and maintenance.
b. Performance bonds or other appropriate security(including letters of credit and set aside
letters)may be required if protected trees are damaged but remain in acceptable condition,
for a period of time related to the damage caused, as determined by the Reviewing Official.
15
Orr+
I. VARIANCE PROCEDURES:
The Hearing Examiner shall have the authority to grant variances from the provisions of this
Section pursuant to RMC 4-8-070H and the decision criteria in RMC 4-9-250. (Ord. 5137, 4-25-
2005)
41. VIOLATIONS AND PENALTIES:
1. Penalties: Penalties for any violation of any of the provisions of this Section shall be in
accord with RMC 1-3-2. In a prosecution under this Section, each tree removed, damaged or
destroyed will constitute a separate violation, and the monetary penalty for each violated tree
shall be no less than the minimum penalty, and no greater than the maximum penalty of RMC
1-3-2D.
2. Additional Liability for Damage: In addition, any person who violates any provision of
this Section or of a permit issued pursuant thereto shall be liable for all damages to public or
private property arising from such violation, including the cost of restoring the affected area to
its condition prior to such violation.
3. Restoration Required: The City may require replacement of all improperly removed
ground cover with species similar to those which were removed or other approved species
such that the biological and habitat values will be replaced. Restoration shall include
installation and maintenance of interim and emergency erosion control measures that shall
be required as determined by the City.
4. Replacement Required: The City may require, for each tree that was improperly cut
and/or removed in violation of, or without, an approved tree retention and land clearing plan,
replacement planting of a tree of equal size, quality and species or up to three(3)trees of the
same species in the immediate vicinity of the tree(s)that was removed. The replacement
trees will be of sufficient caliper to adequately replace the lost tree(s)OF and at-a minimum
of three two inches(32") in caliper.
5. Stop Work: For any parcel on which trees and/or ground cover are improperly removed
and subject to penalties under this Section, the City shall stop work on any existing permits
and halt the issuance of any or all future permits or approvals until the property is fully
restored in compliance with this Section and all penalties are paid. (Ord. 4219, 6-5-1989;
Amd. Ord. 4835, 3-27-2000; Ord. 5137, 4-25-2005)
4-7-130 ENVIRONMENTAL CONSIDERATION—GENERAL REQUIREMENTS AND
MINIMUM STANDARDS:
A PURPOSE:
It is the purpose of this Section to provide for the protection of valuable, irreplaceable
environmental amenities and to make urban development as compatible as possible with the
ecological balance of the area. Goals are to preserve drainage patterns, protect groundwater
16
supply, prevent erosion and to preserve trees and natural vegetation. This is beneficial to the
City in lessening the costs of the development to the City as a whole, and to the subdivider in
creating an attractive and healthy environment.
B ACTION NOT A TAKING:
No action taken herein shall constitute a taking under the laws or constitution of the State or
Federal government.
C ENVIRONMENTAL CONSIDERATIONS:
A plat, short plat, subdivision or dedication shall be prepared in conformance with the
following provisions:
1. Land Unsuitable for Subdivision: Land which is found to be unsuitable for subdivision
includes land with features likely to be harmful to the safety and general health of the future
residents (such as lands adversely affected by flooding, steep slopes, or rock formations).
Land which the Department or the Hearing Examiner considers inappropriate for subdivision
shall not be subdivided unless adequate safeguards are provided against these adverse
conditions.
a. Flooding/Inundation: If any portion of the land within the boundary of a preliminary plat is
subject to flooding or inundation, that portion of the subdivision must have the approval of the
State according to chapter 86.16 RCW before the Department and the Hearing Examiner
shall consider such subdivision.
b. Steep Slopes: A plat, short plat, subdivision or dedication which would result in the Nur
creation of a lot or lots that primarily have slopes forty percent(40%)or greater as measured
per RMC 4-3-050J1a, without adequate area at lesser slopes upon which development may
occur, shall not be approved. (Amd. Ord. 4835, 3-27-2000)
2. Native Growth Protection Area Easement and Minimum Lot Size: Native growth
protection area easements may be included in the minimum lot size of lots created through
the subdivision process; provided, that the area of the lot outside of the easement is sufficient
to allow for adequate buildable area and yards. (Ord. 4835, 3-27-2000)
3. Land Clearing and Tree Retentions: - ._ - -•: ••-e- . . - - - . _
trees. (Amd. Ord. 4835, 3 27 2000)Shall comply with RMC 4-4-130 Tree Retention and Land
Clearing.
4. Streams:
a. Preservation: Every reasonable effort shall be made to preserve existing streams, bodies
of water, and wetland areas.
b. Method: If a stream passes through any of the subject property, a plan shall be presented
which indicates how the stream will be preserved. The methodologies used should include an
overflow area, and an attempt to minimize the disturbance of the natural channel and stream
bed.
17
c. Culverting: The piping or tunneling of water shall be discouraged and allowed only when
going under streets.
d. Clean Water: Every effort shall be made to keep all streams and bodies of water clear of
debris and pollutants. (Amd. Ord. 4835, 3-27-2000)
TABLE 4-8-120 A
Line under Submittal Requirements:Tree Cutting Removal/ Inventory/ Land Clearing Plan-
Approved
TABLE 4-8-120 B
Line under Submittal Requirements:Tree CuttingRemoval/ Inventory/Land Clearing Plan-
Approved
TABLE 4-8-120C
Submittal Requirement-Tree Cu#ingRetentionNegetation Plan
TYPE OF APPLICATION/PERMIT
Annexation(10%Notice of Intent)
Annexation(60%Petition)
Appeal
Business License for Home Occupations
Comp.Plan Map Amendment/Rezone
Comp.Plan Text Amendment
Conditional Approval Permit for a Nonconforming Structure
Conditional Approval Permit for a Nonconforming Use
Now 4 Conditional Use Permit(Administrative)
4 Conditional Use Permit(Hearing Examiner)
4 Environmental Review
Environmental Review(Nonproject)
4 Grade and Fill Permit(Special)
Kennel License
Kennel License,Hobby
Lot Line Adjustment
4 Master Site Plan(Overall)
I 4 Master Site Plan(Individual Phases))
4 Mobile Home Park,Preliminary
4 Mobile Home Park,Final
Modification/Alternate Request
I 4 Plat,Final
4 Plat,Preliminary/Binding Site Plan
4 PUD,Preliminary
4 PUD,Final
Rebuild Approval Permit for a Nonconforming Structure
Rebuild Approval Permit for a Nonconforming Use
Rezone
4 Routine Vegetation Management Permit
Shoreline Exemption
4 Shoreline Substantial Development Permit
4 Shoreline Conditional Use Permit
4 Shoreline Variance
4 Short Plat,Preliminary
4 Short Plat,Final/Binding Site Plan
4 Site Plan
4 Special Permit
4 Temporary Use Permit
Variance
Waiver
4 Critical Area Permit
`err'
18
•
4-8-120D DEFINITIONS OF TERMS USED IN SUBMITTAL REQUIREMENTS FOR
BUILDING, PLANNING AND PUBLIC WORKS APPLICATIONS
6. Definitions F:
Final Plat Plan: The final plat or final short subdivision map (for short subdivisions of five(5)
or more lots) shall be drawn to a scale of not less than one inch representing one hundred
feet(1" = 100¢)unless otherwise approved by the Department, and on sheets eighteen
inches by twenty four inches (18" x 24" ). The original reproducible drawing shall be in black
ink on stabilized drafting film, and shall:
a. Include the date, title, name and location of subdivision, graphic scale, and north arrow.
b. Include names, locations, widths and other dimensions of existing and proposed streets,
alleys, easements, parks, open spaces and reservations.
c. Include lot lines with all property lines dimensioned and square footage of each lot.
d. Include location, dimensions, and square footage of any existing structures to remain
within or abutting the plat.
e. Include location of existing conditions (such as wetlands, steep slopes, watercourses,
floodplains)on or adjacent to the site which could hinder development. (Amd. Ord. 4835, 3-
27-2000)
f. Include reservations, restrictive covenants, easements (including easement language), and
any areas to be dedicated to public use, with notes stating their purpose and any limitations.
If a new easement is created on the plat, it must show the grantee of the easement rights. If
the grantee is the City, a statement of easement provisions reserving, granting and conveying
the easement, with a description of the rights and purposes need to be made on the plat.
g. Include the lot and block numbering scheme and lot addresses on the plat map. Street
names and addresses shall be determined by the Department in accordance with the Street
Grid Ordinance(chapter 9-11 RMC), and established Department procedures for addressing
of new lots. (Amd. Ord. 4835, 3-27-2000)
h. Include the location and species of all trees retained or replaced in accordance with an
approved Tree Retention Plan with a note stating that removal or replacement of such trees
is subject to the requirements of the Renton Municipal Code.
i_Contain data sufficient to determine readily and reproduce on the ground the location,
bearing, and length of every street, easement line, lot line, boundary line and block line on-
site. Shall include dimensions to the nearest one-hundredth (1/100)of a foot and angles and
bearings in degrees, minutes, and seconds.
+j. Include coordinates per City surveying standards for permanent control monuments.
jk. Display all interior permanent control monuments located per City surveying standards.
19
ki. Be mathematically correct.
im. Contain a legal description of the land to be subdivided on the final mylar.
Mil. Include certifications:
in. Certification showing that streets, rights-of-way and all sites for public use have been
dedicated.
ii. Certification by a licensed land surveyor that a survey has been made and that monuments
and stakes will be set.
iii. Certification by the responsible health agencies that the methods of sewage disposal and
water service are acceptable.
iv. Certification by the King County Finance Department that taxes have been paid in
accordance with section 1, chapter No. 188, Laws of 1927(RCW 58.08.030 and 58.08.040)
and that a deposit has been made with the King County Finance Department in sufficient
amount to pay the taxes for the following year.
v. Certification by the City Finance Department that there are no delinquent special
assessments and that all special assessments certified to the City Treasurer for collection on
any property herein contained dedicated for streets, alleys or other public uses are paid in
full.
vi. Certification of approval to be signed by the Administrator.
�rrr vii. Certification of approval to be signed by the Mayor and attested by the City Clerk.
7. Definitions G:
Grading Plan: A twenty two inch by thirty four inch (22" x 34") plan drawn by a State of
Washington licensed landscape architect at a scale of one inch to forty feet(1" to 40')
(horizontal feet) and one inch to ten feet(1"to 10') (vertical feet)(or other size plan sheet or
scale approved by the Development Service Division Plan Review Supervisor)clearly
indicating the following:
a. Graphic scale and north arrow.
b. Dimensions of all property lines, easements, and abutting streets,
c. Location and dimension of all on-site structures and the location of any structures
within fifteen feet (15')of the subject property or which may be affected by the proposed
work,
d. Accurate existing and proposed contour lines drawn a five foot(5'), or less, intervals
showing existing ground and details of terrain and area drainage to include surrounding
off-site contours within one hundred feet(100')of the site,
e. Location of natural drainage system, including perennial and intermittent streams, the
presence of bordering vegetation, and flood plains.
—w
20
f. Setback areas and any areas not be disturbed, including the location, size and species
of all protected trees on site. Protected trees shall have the approximate dry line shown.
The method of tree protection during grading and construction shall be shown. If grade NIS
changes in the vicinity of the protected trees are necessary, the method of reconciling the
drop line with the finished elevation shall be included (see RMC 4-4-130 Tree Retention
and Land Clearing Regulations);
g. Finished contours drawn at five foot(5') intervals as a result of grading,
h. Proposed drainage channels and related construction with associated underground
storm lines sized and connections shown, and
i. General notes addressing the following (may be listed on the cover sheet):
i. Area in square feet of the entire property.
ii. Area of work in square feet.
iii. Both the number of tons and cubic yards of soil to be added, removed, or
relocated.
iv. Type and location of fill origin, and destination of any soil to be removed from site.
v. Finished floor elevation(s)of all structures, existing and proposed.
12. Definitions L:
*4400
Landscaping Plan, Conceptual: A fully dimensioned plan, prepared by a landscape
architect registered in the State of Washington, a certified nurseryman, or other similarly
qualified professional, drawn at the same scale as the project site plan (or other scale
approved by the Reviewing Official), clearly indicating the following:
a. Date, graphic scale, and north arrow,
b. Location of proposed buildings, parking areas, access and existing buildings to remain,
c. Names and locations of abutting streets and public improvements, including
easements,
d. Existing and proposed contours at five foot(5')intervals or less,
e. Location,-and-size, and purpose of planting areas, including those required in RMC 4-
4-070 Landscaping:
f. Location and height for proposed berming,
g. Location and elevations for any proposed landscape-related structures such as arbors,
gazebos, fencing, etc.,and
h. Location, size, spacing and names of existing and proposed shrubs, trees, ground
covers, and decorative rockery or like landscape improvements in relationship to
proposed and existing utilities.,,(Ord. 5100, 11-1-2004)
21
i. The location, size and species of all protected trees on site. Protected trees shall have
the approximate drip line shown (see RMC 4-4-130 Tree Retention and Land Clearing
44410, Regulations).
Landscaping Plan, Detailed: A fully dimensioned plan, prepared by a landscape architect
registered in the State of Washington, a certified nurseryman, or other similarly qualified
professional, drawn at the same scale as the project site plan (or other scale approved by the
Reviewing Official), clearly indicating the following:
a. Date, graphic scale, and north arrow,
b. Location of proposed buildings, property lines, walks, parking areas, and access, and
existing buildings to remain,
c. Names and locations of abutting streets and public improvements, including
easements,
d. Existing and proposed contours at five-foot(5') intervals or less,
e. Detailed grading plan,
f. Location and dimensions, and purpose of all planting areas (the width of a landscaping
area when curbed shall be measured from inside to inside of the curbs),-including those
required in RMC 4-4-070 Landscaping;
.,. g. Location and height for proposed berming,
h. Locations, elevations, and details for any proposed landscape-related structures such
as arbors, gazebos, fencing, etc.,
i. Location, size, spacing and names of existing and proposed shrubs, trees, ground
covers, and decorative rockery or like landscape improvements in relationship to
proposed and existing utilities,
j. The location, size and species of all protected trees on site. Protected trees shall have
the approximate drip line shown (see RMC 4-4-130 Tree Retention and Land Clearing
Regulations).
jk. Names of existing and proposed vegetation, and
kl. Detailed planting plan (soil mix, planting depth and width, and bark mulch depth). (Ord.
5100, 11-1-2004)
16. DEFINITIONS P
Preliminary Plat or Binding Site Plan: A plan, with a two-inch (2" ) border on the left edge and
one-half-inch (1/2" ) on all other sides, prepared by a State of Washington registered land
surveyor in accordance with RCW 18.43.020 and/or chapter 58.17 RCW, fully dimensioned,
drawn at a scale of one inch equals forty feet(1" =400)on an eighteen inch by twenty four inch
(18" x 24" ) plan sheet(or other size or scale approved by the Development Services Division
Director)and shall include the following:
22
a. Name of the proposed preliminary plat or binding site plan (and space for the future City file
numbers).
b. Names and addresses of the engineer, licensed land surveyor, and all property owners.
c. Legal description of the property to be subdivided.
d. Date, graphic scale, and north arrow oriented to the top of the paper/plan sheet.
e. Vicinity map(a reduced version of the neighborhood detail map as defined above).
f. Drawing of the subject property with all existing and proposed property lines dimensioned. Lots
designated by number within the area of the lot. Tracts shall be similarly designated and each
tract shall be clearly identified with the ownership and purpose. Indicate the required yards
(setbacks)with dashed lines.
g. Location of the subject site with respect to the nearest street intersections (including
intersections opposite the subject property), alleys and other rights-of-way.
h. Names, locations, types, widths and other dimensions of existing and proposed streets, alleys,
easements, parks, open spaces and reservations. (Ord. 4587, 3-18-1996)
i. Location, distances from existing and new lot lines, and dimensions of any existing and
proposed structures, existing on-site trees, existing or proposed fencing or retaining walls,
freestanding signs, and easements.
Nod
j. Location of existing conditions on or adjacent to the site which could hinder development.
k. Flood hazard information and boundary on the subdivision drawing including the nature,
location, dimensions, and elevations of the subdivided area. (Ord. 4835, 3-27-2000)
I.A legend listing the following included on the first sheet of the preliminary plat plan:
i. Total area in acres,
ii. Proposed number of lots,
iii. Zoning of the subject site,
iv. Proposed square footage in each lot, and
v. Percentage of land in streets and open space.
m.Access and Utilities: Indicate how the proposed subdivision will be served by streets and
utilities, show how access will be provided to all lots, and the location of sewer and water lines.
n. Contours and Elevations: Shall include contour and/or elevations (at five foot(5¢)vertical
intervals minimum)to the extent necessary to accurately predict drainage characteristics of the
property. Approximate, estimated contour lines shall be extended at least one hundred feet
(100¢) beyond the boundaries of the proposed plat. rrrr
23
o. Zoning: Shall indicate the zoning applicable to the land to be platted, subdivided or dedicated
and of the land adjacent and contiguous. (Ord. 4954, 2-11-2002)
p. Tree Retention Plan: Shall include the location, size, and species of all trees to be retained in
accordance with the requirements of RMC 4-4-130 Tree Retention and Land Clearing.
20. DEFINITIONS S
Short Plat or Binding Site Plan Map, Final: A plan, with a two-inch (2" ) border on the left edge
and one-half-inch (1/2" ) on all other sides, prepared by a State of Washington registered land
surveyor in accordance with RCW 18.43.010 and or chapter 58.17 RCW, fully dimensioned,
drawn at a scale of one inch equals forty feet (1" =40¢)on eighteen inch by twenty four inch (18"
x 24" ) plan sheet(s)(or other scale approved by the Development Services Division Director).
The reproducible original shall be in black ink on stabilized drafting film and shall include the
following:
a. Name and location of the short plat or binding site plan,
b. Space reserved for"City of Renton file number" (large type)at top of first sheet,
c. Space reserved for City of Renton "land record number" (small type)at bottom left of first
sheet,
d. Legal description of the property,
e. Date, graphic scale, and north arrow,
'ore
f. Vicinity map(a reduced version of the"neighborhood detail map" as defined above),
g. Names, locations, widths and other dimensions of existing and proposed streets, alleys,
easements, parks, open spaces and reservations. Shall show all utilities, streets, existing and
new easements and associated covenants within or abutting the short plat. If a new easement is
created on the plat, it must show grantee of easement rights. If the grantee is the City, a
statement of easement provisions reserving and conveying the easement, with a description of
the rights and purposes, needs to be made on the short plat,
h. Lots designated by number within the area of the lot. Tracts shall be similarly designated and
each tract shall be clearly identified with the ownership and purpose. Lot lines with all property
lines dimensioned and square footage of each lot,
i. Lot numbers,
j. Include the location and species of all trees retained or replaced in accordance with an
approved Tree Retention Plan with a note stating that removal or replacement of such trees is
subject to the requirements of the Renton Municipal Code.
k. Addresses for each lot and new street names determined by the Department in accordance
with the street grid system regulations of chapter 9-11 RMC,
1k. Reservations, restrictive covenants, easements and any areas to be dedicated to public use
Norr with notes stating their purpose, and any limitations, and identifying the grantee. If the grantee is
24
the City, a statement of provisions reserving, granting and/or conveying the area with a
description of the rights and purposes must be shown,
mt. Coordinates per City surveying standards for permanent control monuments,
nm. All interior permanent control monuments located per City surveying standards,
on. Statement of equipment and procedure used per WAC 332-130-100,
go. Basis for bearing per WAC 332-130-150(1)(b)(iii),
gp. Date the existing monuments were visited per WAC 332-103-050(1)(f)(iv),
ro. Verification that permanent markers are set at corners of the proposed lots,
Sc. Statement of discrepancies, if any, between bearing and distances of record and those
measured or calculated,
ts. Location, dimensions and square footage of any existing structures to remain within or
abutting the plat,
ut. Location of existing conditions (such as wetlands, steep slopes, watercourses)on or adjacent
to the site which could hinder development,
vu. Reference to all agreements or covenants required as a condition of approval,
wv. For binding site plans only: provisions requiring site development to be in conformity with the
approved binding site plan,
xw. Certifications by:
i. A State of Washington licensed land surveyor that a survey has been made and that
monuments and stakes have been set,
ii. The King County Department of Health that the proposed septic system(s) is acceptable to
serve the plat if not served by sewer,
x. Signature and date line for:
i. All property owners(signatures must be notarized with an ink stamp),
ii. The King County Assessor,
iii. The City of Renton Finance and Information Systems Director with the following text
preceding: "There are no delinquent special assessments and any special assessments for any
dedicated property herein contained have been paid in full", and
iv. The Administrator of the Planning/Building/Public Works Department. (Ord. 4954, 2-11-2002)
25
Short Plat Map, Preliminary: A fully dimensioned plan, drawn at a scale of one inch equals forty
feet(1" =40¢)on an eighteen inch by twenty four inch(18" x 24" ) plan sheet(or other size or
loose scale approved by the Development Services Division Director)and including the following
information:
a. Name of the proposed short plat(and space for the future City file number);
b. Names and addresses of the engineer, licensed land surveyor, and all property owners;
c. Legal description of the property;
d. Date, graphic scale, and north arrow oriented to the top of the paper/plan sheet;
e. Vicinity map(a reduced version of the"neighborhood detail map" as defined above);
f. A drawing of the subject property with all existing and proposed property lines dimensioned,
indicating the required yards (setbacks)with dashed lines;
g. Location of the subject site with respect to the nearest street intersections (including
intersections opposite the subject property), alleys and other rights-of-way, showing how access
will be provided to all lots;
h. Names, locations, widths and other dimensions of existing and proposed streets, alleys,
easements, parks, open spaces and reservations;
i. Contours and elevations at minimum five foot(50)vertical intervals to the extent necessary to
Nomw predict drainage characteristics of the property. Approximate, estimated contour lines shall be
extended at least one hundred feet(100¢) beyond the boundaries of the proposed short plat;
j. Location and dimensions of any existing and proposed structures, existing on-site trees,
existing or proposed fencing or retaining walls, freestanding signs, and easements;
k. Location of existing conditions on or adjacent to the site which could hinder development;
I. Flood hazard information and boundary on the subdivision drawing including the nature,
location, dimensions, and elevations of the subdivided area; and
m. A legend listing the following included on the first sheet of the short plat plan:
i. Short plat,
ii. Proposed number of lots,
iii. Zoning of the subject site,
iv. Proposed square footage in each lot, and
v. Percentage of land in streets and open space. (Amd. Ord. 4835, 3-27-2000)
Now
26
n.Tree Retention Plan: Shall include the location, size, and species of all trees to be retained in
accordance with the requirements of RMC 4-4-130 Tree Retention and Land Clearing.
Noe
21. DEFINITIONS T
Tree CuttingRetention/Land Clearing (Tree Inventory) Plan: A full dimensional plan,
drawn by a professional arborist, landscape architect, or other similarly qualified professional,
based on finished grade, drawn to-at the same scale as the project site plan with the northern
property line at the top of the paper clearly showing the following:
a.All property boundaries and adjacent streets,
b. Location of all areas proposed to be cleared,
c.Types Species and sizes of vegetation to be removed, altered or retained and-the
boundaries and predominant species of stands of trees consisting of five(5)or more
trees. This requirement applies only to trees, six inch (6")caliper, "at chest level" and
larger fifty-four inches (54")above grade, and the location, size and species of all
protected trees on the site.
d. Future building sites and drip lines of any trees which will overhang/overlap a
construction line, and
e. Location and dimensions of rights-of-way, utility lines, fire hydrants, street lighting, and
easements.
f. Where the drip line of a tree overlaps an area where construction activities will occur,
this shall be indicated on the plan.
q. For allowed activities, including allowed exemptions, modifications, and variances,
show all trees proposed to be removed in priority tree retention areas: slopes twenty five
percent(25%)to thirty nine percent(39%), high or very high landslide areas, and high
erosion hazard areas.
h. Show trees to be removed in protected critical areas: wetlands, Shorelines of the
State, streams and lakes, floodways, floodplain slopes forty percent(40%)or greater,
very high landslide hazard areas, and critical habitat if the activity is exempt or allowed by
the critical areas regulations in RMC 4-3-05005, Specific Exemptions.
i. Show all trees to be retained in critical area buffers.
j. In all other areas of the site, trees to be removed may be indicated generally with
clearing limit lines except for protected trees. The location, size, and species of all
protected trees on a site shall be shown. The plan shall also show the planned
replacement trees in accordance with RMC 4-4-130-H1e and any planned replanting
areas in accordance with RMC 4-4-130- H1f. (Amd. Ord. 4963, 5-13-2002; Ord. 5137, 4-
25-2005)
27
4-9-195 ROUTINE VEGETATION MANAGEMENT PERMITS:
A. PURPOSE:
This Section provides a permit process for routine vegetation management implementing the tree
Icutting retention and land clearing regulations in RMC 4-4-130.
B. AUTHORITY:
The City's Development Services Division Director, or his duly authorized representative, is
hereby authorized and directed to interpret and enforce all the provisions of this Section.
C. APPLICABILITY, EXEMPTIONS, AND PROHIBITED ACTIVITIES:
1. General Applicability: The regulations of this Section apply to any developed, partially
developed or undeveloped property where routine vegetation management activities are
undertaken.
a. Permit Required for Routine Vegetation Management on Undeveloped
Properties: Any person who performs routine vegetation management on undeveloped
property in the City must obtain a routine vegetation management permit prior to
performing such work.
b. Permit Required to Use Mechanical Equipment: Except where use of mechanical
c%oisr, equipment is specifically listed as exempt, any person who uses mechanical equipment
for routine vegetation management, land clearing, tree cuttingremoval, landscaping, or
gardening on developed, partially developed or undeveloped property must obtain a
routine vegetation management permit prior to performing such work.
c. Tree CuttingRemoval—Solar Access or Pasture Land: A routine vegetation
management permit is required for tree cuttingremoval in greater amounts than specified
under partially exempt actions in RMC 4-4-130C2, Allowable Tree CuttingRemoval
Activities, for any property where tree cuttingremoval is proposed without an associated
land development permit. A routine vegetation management permit may be issued
allowing tree cuttingremoval only in the following cases:
i. For purposes of allowing solar access to existing structures; or
ii. To create pasture land where agricultural activities are permitted uses in the zone.
Any tree ctttti removal activities shall be the minimum necessary to accomplish the
purpose, and shall be consistent with RMC 4-4-130D2, Restrictions for Critical Areas.
2. Exemptions: Refer to RMC 4-4-130C.
3. Prohibited Activities: Refer to RMC 4-4-130D.
D. PROCEDURES AND REVIEW CRITERIA:
Now Permits for routine vegetation management shall be processed as follows:
28
1. Submittal: An application for a routine vegetation management permit shall be submitted
to the Development Services Division together with any necessary fees as required in
chapter 4-1 RMC. "'d
2. Information Required: A routine vegetation management permit application shall contain
the information requested in RMC 4-8-120, Submittal Requirements—Specific to Application
Type.
3. Time: The permit shall be reviewed administratively within a reasonable period of time.
4. Routine Vegetation Management Permit Conditions: The routine vegetation
management permit may be denied or conditioned by the City to restrict the timing and extent
of activities in order to further the intent of this Section including:
a. Preserve and enhance the City's aesthetic character and maintain visual screening
and buffering.
b. Preserve habitat to the greatest extent feasible.
c. Prevent landslides, accelerated soil creep, settlement and subsidence hazards.
d. Minimize the potential for flooding, erosion, or increased turbidity, siltation or other
form of pollution in a watercourse.
e. Ensure that the proposal will be consistent with RMC 4-4-130D2, Restrictions for
Critical Areas, and D3, Restrictions for Cr-itical-AreasNative Growth Protection Areas—
Routine Vegetation Management Permits.
f. Ensure that protected trees are retained, consistent with RMC 4-4-130 H.
5. Time Limits for Routine Vegetation Management Permits: Any permit for routine
vegetation management shall be valid for one year from the date of issuance. An extension
may be granted by the Development Services Division for a period of one year upon
application by the property owner or manager. Application for such an extension must be
made at least thirty(30)days in advance of the expiration of the original permit and shall
include a statement of justification for the extension.
E. APPEALS:
Appeal of the decision to grant, grant with conditions, or deny a routine vegetation management
permit shall be made consistent with RMC 4-8-110, Appeals.
F. VIOLATIONS AND PENALTIES:
Unless otherwise specified, violations of this Section are misdemeanors subject to RMC 1-3-1.
(Ord. 4963, 5-13-2002; Ord. 5159, 10-17-2005)
4-11-210 DEFINITIONS T
ITREE: -- ... . • •.....• - . _- NIS_
29
A self-supportying woody plant characterized by one main trunk or, for certain
species, multiple trunks, with a potential for maturity for a minimum trunk diameter of two inches
(2")and a potential minimum height of ten feet(10').
TREE OUTTfNGREMOVAL: The actual removal of the above ground plant material of a tree
through chemical, manual or mechanical methods.
Near,
30
Attachment 3: Animal Regulations
ISSUE
• Should the City change the maximum allowable number of large animals per acre
under the animal husbandry land use?
• Should the determination for the conditional use of greater than the maximum number
of allowed animals be changed from the Hearing Examiner to an Administrative
Conditional Use?
• Should the City strike the language regarding animal replacement and transferability,
effectively allowing residents to replace animals and allow the use of property for
animal husbandry to run with the land?
RECOMMENDATION
Staff recommends adopting code amendments that would allow two large animals per
acre and the conditional use of greater number of animals to be determined by
administrative decision to allow animal replacement and allow animal husbandry land
use to remain an accepted use upon sale of the property. These changes reflect
recommendations of the East Renton Plateau Citizens Task Force and better reflect the
current animal husbandry practices that are occurring in the East Renton area.
BACKGROUND SUMMARY
.4404
Through the East Renton Plateau Citizens Task Force and comments at public meetings
regarding the East Renton Plateau, an issue with City of Renton policy and standards for
the number of animals allowable for animal husbandry with large animals was brought
forward. Current City policy limits the number of large animals to one animal per acre.
A point of concern regarding the welfare of large animals, which tend to be herd animals,
was made. Additionally, it was expressed that the current City policy simply encourages
residents to be non-compliant until such time that they are notified that they are not in
compliance with City code.
Currently, City code requires a Hearing Examiner public hearing in order to seek
permission to keep greater than the allowable number of animals for animal husbandry.
It was expressed that this adds a layer of inconvenience and cost to animal owners as they
seek to comply with City Code and obtain a conditional use permit if they have more
animals than the stated maximum animals. Further, the costs associated with appealing
to the Hearing Examiner may discourage residents from following City code. The
process and costs related to obtaining an Administrative Conditional Use is simplified
and costs less for citizens.
The section of code regarding non-conforming uses for the keeping of animals has a
clause that does not allow animal replacement for grandfathered animals. It was
expressed that this policy simply encourages animal owners to circumvent City policy by
claiming that replacement animals are in fact the original animal. Elimination of this
Nor
H:\EDNSP\Title IV\Multiple Zone Amends\Residential\issue paper animal regulations.doc Page I of 2
clause better accommodates animal owners and the historical use of their land for animal
husbandry. The non-conforming use section also has a clause that does not allow a non-
conforming use to remain with the property on which the use is occurring if the property
is sold. This policy is not necessarily appropriate for lower density areas that have a
history of land use with animal husbandry; it may unduly place higher density land use
standards on such an area.
CONCLUSION
City of Renton code regarding animal husbandry is perceived as unfair. Amending code
to allow two large animals per acre would demonstrate a better understanding of the
nature of herd animals and the keeping of such animals. The East Renton Plateau is a
Potential Annexation Area with a significant amount of lower density, R-4 and R-1, land
use. If the area votes in favor of annexation, it is likely that many residents would not
wish to be required to change their lifestyle and the historical use of their property for the
purposes of animal husbandry. Amending the code to better accommodate this type of
lower density land use is appropriate.
H:\EDNSP\Title IV\Multiple Zone Amends\Residential\issue paper animal regulations.doc Page 2 of 2
4-4-010 STANDARDS AND REVIEW CRITERIA FOR KEEPING
ANIMALS:
A. PURPOSE AND INTENT:
Since the nature of growth generates greater competition by both humans and animals
for available space, it is imperative that growth and the keeping of animals be located
appropriately and managed effectively to ensure compatibility and harmony. In particular,
animals need to be monitored to lessen the impacts of noise, odor, and potential
nuisance not only on-site but more particularly to adjacent properties. Animal owners
keep their animals for a variety of reasons including, but not limited to, companionship,
affection and protection. In order that the keeping of animals may coexist harmoniously
with adjacent and abutting uses, regulations are necessary.
B. AUTHORITY:
1. Responsibility: Responsibility for enforcement of the provisions of this Section shall
be as follows:
a.Animal Control Officer: All those matters related to care, maintenance, and
individual licensing.
b. Development Services Division: All those matters concerning land use and
zoning. Any doubt regarding responsibility will be administratively determined.
C. APPLICABILITY:
The keeping of animals by an owner/tenant where permitted in the zoning districts shall
comply with the requirements of this Section. These regulations shall apply to existing
and future cases where an owner/tenant is keeping animals.
D. EXEMPTIONS:
Household pets as defined in RMC 4-11-160 are a permitted use in all zones in the City
and as such are not regulated by this Section provided they number three (3) or less.
(Amd. Ord. 4999, 1-13-2003)
E. PROHIBITED ANIMALS:
ltior
See RMC 6-6-12.
F. GENERAL REQUIREMENTS FOR KEEPING ANIMALS:
1. Residence: It is assumed that an animal owner either lives on the property where
an animal is kept or has arranged with a tenant to care for the animal.
2. Shelter Location: Shelter shall be provided in clean structures located a minimum
of twenty five feet(25')from any property line unless otherwise specified in RMC 4-4-
010G and H, Additional Requirements for Hobby Kennels(Four(4)to Eight(8)
Animals), or Additional Requirements for Kennels (Nine (9) or More Animals). Private
barns and stables shall be located a minimum of fifty feet(50')from any property line.
All structures, corrals, feeding, exercising, training, riding or other facilities associated
with commercial horse and pony boarding, riding stables, and schools shall be
located a minimum of fifty feet(50') from any property line.
3. Confinement: All animals shall be kept and maintained in a manner which confines
their movement and activity to the premises of the owner/tenant.
4. Health and Safety:All animals shall be kept in such a manner so as not to create
any objectionable noise, odor, or otherwise cause to annoy or become a public
nuisance to the health, safety or general welfare of any person.
5. Animal Waste: Animal waste shall be properly disposed of, and any accumulated
animal waste must not be stored within the shelter setback area. Steps must be
taken to minimize odor and the potential for the infestation of insects or the spread of
disease. Any storage of animal waste must not constitute a nuisance as defined in
chapter 1-3 RMC.
6. Fencing: Electric and barbed wire fences may be used to confine animals provided
the conditions of RMC 4-4-040, Fences and Hedges, are met.
G. ADDITIONAL REQUIREMENTS FOR HOBBY KENNELS (FOUR (4)
TO EIGHT (8) ANIMALS):
1. Fencing Required: All open-run areas shall be surrounded by a six foot(6') fence
located a minimum of ten feet(10')from all property lines.
2. Waste Removal: Provision shall be made for the removal of animal and food
wastes, to keep the kennel free from the infestation of insects or rodents or disease,
and from obnoxious or foul odors.
3. Shelter Location: Shelter shall be provided in clean structures located only in the
rear yard unless the Development Services Division, based upon information
provided by an owner/tenant, determines that a side yard would be a better location
for the shelter. The shelter shall be located ten feet(10')from side and rear property
lines.
4. Hobby Kennel License:A hobby kennel license is required per RMC 4-9-100.
H. ADDITIONAL REQUIREMENTS FOR KENNELS (NINE (9) OR MORE
ANIMALS):
1. Shelter: Shelter shall be provided for animals in clean structures which shall be
kept structurally sound, maintained in good repair, contain the animals, and restrict
vftlif
entrance of other animals. These structures, together with associated runs, shall be
located a minimum of fifty feet(50')from any property line and must be located in a
rear yard.
2. Food and Bedding: Suitable food and bedding shall be provided and stored in
facilities adequate to provide protection against infestation or contamination by
insects or rodents. Refrigeration shall be provided for the protection of perishable
foods.
3. Waste Removal: Provision shall be made for the removal of animals and food
wastes, bedding, and debris disposal in order to keep the kennel free from the
infestation of insects, rodents, or disease and from obnoxious or foul odors.
4. Criteria for Indoor Kennel Facilities: Applicants for kennels must show that indoor
facilities have a sufficient heating and cooling system to provide a moderate
temperature throughout the year; a sufficient ventilation system to circulate the air; an
adequate natural or artificial lighting system to allow inspection and cleaning at any
time of the day and that interior wall and ceiling surfaces are constructed of materials
which are resistant to the absorption of moisture and odors. 'vs"
5. Criteria for Outdoor Kennel Facilities: Outdoor facilities will be constructed to
provide shelter from the weather and associated elements while providing sufficient
space for animal movement and exercise. Adequate drainage must be provided to
prevent water buildup and subsequent damage and to facilitate waste removal.
Adequate fences or retaining walls must be constructed to contain animals and
prevent intrusion by others.
I. REVIEW CRITERIA FOR KENNELS AND HOBBY KENNELS:
Special review criteria for all types of kennels to be considered by the Reviewing Official
are included in RMC 4-9-100F.
J. REVIEW CRITERIA FOR BOARDING AND STABLES:
For uses such as commercial horse and pony boarding, riding stables, and schools the
conditional use criteria of RMC 4-9-030 shall be applicable.
K. BEEKEEPING:
New, 1. Minimum Setback: Hives shall be located a minimum of twenty five feet(25')from
an interior lot line, with the hive(s)entrance(s)facing away from the nearest property
line. Hives shall be located a minimum of one hundred feet(100')from public and/or
private rights-of-way or access easements.
2. Maintenance Standards:
a. Hives shall be maintained to avoid overpopulation and minimize swarming, for
example by requeening regularly, so as not to become a nuisance.
b. Hives shall be marked or identified to notify visitors.
L. NONCONFORMING USES:
In cases where the keeping of animals does not comply with these regulations, the
situation shall be classified as a nonconforming use. The owner/tenant shall be a+lewed
4985).
`fir'
17-Animal-Replaee t: Rreperty-owners/tenants-who-lose-an-an-inial-after-the
effective date of this Section shall not be allowed to replace the animal with a similar
type of animal.
•--r-and arc not attached to the property and therefore
M. VIOLATIONS AND PENALTIES:
1. Compliance with Current Code Regulations: In those situations where the keeping
of animals does not comply with these regulations and the situation is not classified
as a nonconforming use, then the owner shall have to comply with the Code
regulations.
2. Fines: Violation of land use permits granted are subject to fines established in this
Code. All other violations of police regulations shall be administered in accordance
with Chapter 6-6 RMC, Animals and Fowl at Large.
(Ord. 3927, 7-15-1985; Ord. 4351, 5-4-1992; Amd. Ord. 4963, 5-13-2002)
I 4-2-060
B.ANIMALS AND RELATED USES Resource Conservation Residential-1 DU/Acre Residential-4 DU/Acre Residential-8 DU/Acre
Animal Husbandry (20 or fewer Permitted Use #51 Permitted Use #51 Permitted Use #51 Permitted Use #51
small animals per acre)
Animal Husbandry (4 or fewer Permitted Use #51 Permitted Use #51 Permitted Use #51 Permitted Use #51
medium animals per acre)
Animal Husbandry (maximum Permitted Use #51 Permitted Use #51 Permitted Use #51 Permitted Use #51
of 12 large animal per acre)
Greater number of animals Hearing Examiner Hearing Examiner Hearing Examiner Hearing Examiner
than allowed above Administrative Administrative Administrative Administrative
Conditional Use #36 Conditional Use#36 Conditional Use #36 Conditional Use#36
Beekeeping Permitted Use#35 Permitted Use#35 Permitted Use#35 Permitted Use#35
Kennels Administrative
Conditional Use#37
Kennels,Hobby Accessory Use#37 Accessory Use#37 Accessory Use#37 Accessory Use#37
Pets,common household,up to 3 per Accessory Use Accessory Use Accessory Use Accessory Use
dwelling unit,or business
establishment
Stables,commercial Administrative Administrative Conditional
Conditional Use#37 Use#37
Notes:
#35—Provided hives are established on lots a minimum of one acre in size. Setbacks and other limitations apply per RMC 4-4-010. Standards and Review Criteria for
Keeping Animals.
I #36—A greater number of animals per acre than are otherwise allowed in this zone may be permitted by4he-1-learing Examiner as an administrative conditional use;
provided:
a. The keeping of animals must meet the conditions of RMC 4-4-010F, General Requirements for Keeping Animals;and
b. A farm management plan has been adopted based on the King County Conservation District's Farm Conservation and Practice Standards showing that
adequate pasturage to support a larger number of animals is provided.
#37—
a. General Requirements: Subject to requirements of RMC 4-4-101, Standards and Review Criteria for Keeping Animals,Hobby Kennels require a Hobby
Kennel License per RMC 4-9-100.
b. IL Zone—Kennels: In the IL Zone, when operations are predominately conducted out of doors rather than completely enclosed within an enclosed
structure,an administrative conditional use permit is required.
c. IM Zone—Kennels and Hobby Kennels: Within the area south of I-405 and north of SW 16th street only indoor kennels or indoor hobby kennels are
permitted.
#51 —
a. General Requirements:No animals are allowed on lots less than one acre in size. Animal husbandry uses are subject to the standards listed in RMC 4-4-
010, Standards and Review Criteria for Keeping Animals. Only combinations of medium and small animals or large and small animals may be permitted
outright on one-acre,provided that the overall total of animals is consistent with the requirements per acre(for example,twenty(20)small animals plus
four(4)medium animals).
b. R-8 and R-10 zones—Small Animals: only six(6)or fewer small animals per acre are permitted.
c. R-8 and R-10 zones—Large Animals: Large animals are permitted on lots four(4)acres or greater in size. Only one large animal per two(2)acres is
permitted.
CITY OF RENTON COUNCIL AGENDA BILL
I AI#: -111
'
Submitting Data: For Agenda of:
Dept/Div/Board.. EDNSP February 5, 2007
Staff Contact Alex Pietsch x6592 Agenda Status
Consent X
Subject: Public Hearing..
Contract with Hamilton/Saunderson for management of Correspondence..
the Renton Community Marketing Campaign Ordinance
Resolution
Old Business
Exhibits: New Business
Contract with Hamilton/Saunderson Study Sessions
January 8, 2007 Finance Committee Report Information
Recommended Action: Approvals:
Council Concur Legal Dept X
Finance Dept X
Other
IFiscal Impact:
Expenditure Required... Up to $150,000 Transfer/Amendment $150,000
(From Fund
110)
Amount Budgeted Revenue Generated
Total Project Budget Up to $150,000 City Share Total Project..
■ SUMMARY OF ACTION: On January 8, 2007, the City Council allocated $85,000 in Lodging
Tax collections to the Renton Community Marketing Campaign for its 2007 activities. This funding
will be leveraged with $65,000 in additional funding from the Economic Development,
Neighborhoods, and Strategic Planning Department's business recruitment budget, key
stakeholders, other community agencies, organizations, and businesses, for a total 2007 budget of
$150,000. A contract with Hamilton/Saunderson to administer the Campaign is now necessary in
order for work to begin.
STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to sign the contract for an
amount not to exceed $150,000 with Hamilton/Saunderson Marketing Partnership.
H:\EDNSP\Economic Development\Hotel-Motel Tax\Council Action-Agenda Bills and Issue Papers\2007\AGDBILL Community Marketing Campaign
2007.doc
CONSULTANT AGREEMENT
THIS AGREEMENT is made as of the day of , 2007,between the CITY OF RENTON,
a municipal corporation of the State of Washington, hereinafter referred to as "CITY" and
Hamilton/Saunderson Marketing Partnership, hereinafter referred to as "CONSULTANT", for
their services related to the City of Renton's Marketing Campaign. All information shall be
made available for use by the City of Renton Staff and City Council.
The CITY and CONSULTANT agree as set forth below:
1. Scope of Services. The Consultant will provide all labor necessary to perform all work,
which is described in the attached Scope of Services (Exhibit A). This Agreement and
Exhibit hereto contain the entire agreement of the parties and supersedes all prior oral or
written representation or understandings. This Agreement may only be amended by
written agreement of the parties. The scope of work may be amended as provided herein.
2. Changes in Scope of Services. The City, without invalidating the Consultant
Agreement, may order changes in the services consisting of additions, deletions or
modifications, and adjust the fee accordingly. Such changes in the work shall be
authorized by written agreement signed by the City and Consultant. If the project scope
requires less time, a lower fee will be charged. If additional work is required, the
consultant will not proceed without a written change order from the City. If any
provision of this Agreement is held to be invalid, the remainder of the Agreement shall
remain in full force and effect to serve the purposes and objectives of this Agreement.
3. Time of Performance. The Consultant shall complete performance of the Consultant
Agreement for the items under Consultant's control in accordance with Exhibit A. If
items not under the Consultant's control impact the time of performance, the Consultant
will notify the City.
4. Term of Consultant Agreement. The term of this Agreement shall end at completion of
the scope of work identified in Exhibit A, but no later than December 31, 2007. This
Agreement may be extended to accomplish change orders, if required, upon mutual
written agreement of the City and the Consultant.
5. Consultant Agreement Sum. The total amount of this Agreement is not to exceed the
sum of$150,000. Washington State Sales Tax is not required. The Cost Estimate
provided by the Consultant to the City specifies total cost.
6. Method of Payment. Payment by the City for services rendered will be made after a
voucher or invoice is submitted in the form specified by the City. Payment will be made
within thirty(30) days after receipt of such voucher or invoice. The City shall have the
right to withhold payment to the Consultant for any work not completed in a satisfactory
manner until such time as the Consultant modifies such work so that the same is
4
satisfactory.
7. Record Maintenance and Work Product. The Consultant shall maintain accounts and
records, which properly reflect all direct and indirect costs expended and services
provided in the performance of this Agreement. The Consultant agrees to provide access
to any records required by the City. All originals and copies of work product, exclusive
of Consultant's proprietary items protected by copyright such as computer programs,
methodology, methods, materials, and forms, shall belong to the City, including records,
files, computer disks, magnetic media or material which may be produced by Consultant
while performing the services. Consultant will grant the City the right to use and copy
Consultant copyright materials as an inseparable part of the work product provided.
8. Assignment Agreement. The Consultant shall not assign any portion of this consultant
Agreement without express written consent of the City of Renton.
9. Hold Harmless. The Consultant shall indemnify, defend and hold harmless the City, its
officers, agents, employees and volunteers, from and against any and all claims, 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 of Consultant's own
employees, or damage to property caused by a negligent act or omission of the
Consultant, except for those acts caused by or resulting from a negligent act or omission
by the City and its officers, agents, employees and volunteers. It is specifically and
expressly understood that the indemnification provided herein constitutes the consultant's
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of
this indemnification. This waiver has been mutually negotiated by the parties. The
provisions of this section shall survive the expiration or termination of this Agreement.
10. Insurance. The Consultant shall secure and maintain commercial liability insurance in
the amount of$1,000,000 in full force throughout the duration of this Consultant
Agreement. A certificate of insurance shall be delivered to the City before executing the
work of this agreement. It is agreed that the City of Renton will be named as Additional
Insured on the contractor's policy with that coverage being primary and non-contributory
to any other policy(ies) available to the City. The certificate shall name the City as an
additional insured, on a separate page attachment. Please note: The cancellation
language should read "Should any of the above described policies be cancelled before the
expiration date thereof, the issuing company will endeavor mail 45 days written notice
to the certificate holder named to the left. But failure to mail such notice shall impose no
11. Independent Contractor. Any and all employees of the Consultant, while engaged in
the performance of any work or services required by the Consultant under this agreement,
shall be considered employees of the Consultant only and not of the City. The
Consultant's relation to the City shall be at all times as an independent contractor. Any
and all claims that may or might arise under the Workman's Compensation Act on behalf
of said employees, while so engaged, and any and all claims made by a third party as a
consequence of any negligent act or omission on the part of the Consultant's employees,
while so engaged on any of the work or services provided to be rendered herein, shall be
the sole obligation and responsibility of the Consultant.
12. Compliance with Laws. The Consultant and all of the Consultant's employees shall
perform the services in accordance with all applicable federal, state, county and city laws,
codes and ordinances.
13. Severability. If any provision of this Agreement is held to be invalid, the remainder of
the Agreement shall remain in full force and effect to serve the purposes and objectives of
this Agreement.
This agreement is entered into as of the day and year written above.
CONSULTANT CITY OF RENTON
�r
Hamilton/Saunderson Marketing Partnershp Kathy Keolker, Mayor
621 Fifth Avenue North, Suite A
Seattle, WA 98109
(206) 282-6858
APPROVED AS TO FORM: ATTEST:
City Attorney Bonnie I. Walton, City Clerk
„as
RENTON
AH EAI} OF THE CURVE
The Renton Community Marketing Campaign
The Renton Community Marketing Campaign is designed to help brand
Renton and communicate the community's many positive attributes as a
place to do business, work, visit, learn, shop, live, play and stay.
The stakeholders, including the Greater Renton Chamber of
Commerce, Renton Visitor's Connection, City of Renton, Renton School
District, Renton Technical College and Valley Medical Center, launched
the campaign in 1999 to:
1. Improve the image of Renton in the community and the region
2. Promote Renton as desirable location to do business, work, live, shop, and visit
3. Recruit quality companies to Renton to help diversity the employment base by
supporting City economic development initiatives
4. Showcase Renton's stakeholders and their achievements
5. Creatively leverage and market Renton's assets and amenities
A summary of the 2006 Community Marketing Campaign's success is presented at the end of
this report.
2007 Marketing Campaign Goals
1. Build on the campaign's momentum and continue the buzz about Renton— keep
targeted markets talking about Renton
2. Create positive attitudes about Renton in the local and regional markets
3. Tell the story about Renton to targeted markets outside of the Puget Sound region
2007 Marketing Campaign Objectives
1. Maintain the Renton brand: deliver the message and build the buzz in targeted local,
regional, national and international markets
DRAFT 2007 Renton Community Marketing Campaign 1
2. Tell the Renton story by showcasing the opportunity in Renton: "Renton is the center of
opportunity in the Puget Sound Region where businesses and families thrive"
Now
3. Build pride by current residents, workers and companies
4. Leverage stakeholder and community marketing resources
5. Support community economic development initiatives
6. Maintain strength of the stakeholders in the marketing campaign
2007 Marketing Campaign Strategies
I. Campaign Focus:
A. Use people to deliver"why Renton is the center of opportunity". Focus on the
tangible reasons why Renton is the place to live, work and play.
B. Connect business and economic development with the delivery of tangible
community benefits (parks, police, and other services).
C. Celebrate Renton's current success: showcase our current achievements and
use these to create additional momentum.
NowII. Use campaign tactics to reach targeted markets
A. Tell the story to current Renton residents and workers: there is an incredible
number of new residents and workers
B. Reach Puget Sound area business opinion leaders and decision makers
responsible for retention and recruitment
C. Reach potential Renton residents and workers
D. Tell the Renton story nationally and internationally through targeted tactics to
reach business opinion leaders and decision makers
III. Ensure frequency of messages to achieve desired campaign objectives
A. Increase the buzz in targeted markets
B. Increase frequency to maximize impact
IV. Enroll community in marketing efforts to leverage campaign resources
A. Continue to integrate the message of the campaign into all stakeholder
communications and marketing mediums
B. Leverage community marketing resources to extend overall budget
Now
DRAFT 2007 Renton Community Marketing Campaign 2
2006 Marketing Tactics
Campaign Theme
Continue to use the theme of"Renton is the center of opportunity in the Puget Sound Region
where businesses and families thrive."
Advertising
A cornerstone of the Community Marketing Campaign has been building and maintaining a buzz
about Renton through various local and regional advertising mediums. The campaign has
successful utilized radio, television, print, magazine, direct mail and other tactics to keep Renton
top of mind with targeted audiences.
Tactic I: Reach regional opinion leaders
I. KUOW News Magazines with Drive time Focus
94.9
Flights: February—March: $10,000
October— November: $10,000
II. Puget Sound Business Journal
6 weeks in the spring (1/2 page, full color ads)
6 weeks in the fall
Budget: $30,000
Business
journal
Tactic II: Reach Renton residents and workers
Renton Reporter
This "did you know" discovery campaign would help stakeholders deliver key messages
to Renton residents. The series of ads would run during the third and fourth quarters.
Annual Budget; $4,000 (6 issues with 1/4 page, full color ads)
DRAFT 2007 Renton Community Marketing Campaign 3
E-Sales: Use technology to reach targeted audiences
The City of Renton has a powerful information tool through its Cable Channel 21. The 2007
marketing campaign will tap this tool by:
Creating a bi-monthly "RentonWorks" 30 minute cable television program. The
program would highlight community development initiatives, stakeholder
accomplishments and Renton businesses through a series of informative and dynamic
segments. Video could also be used as a series of training tools to assist with the
growth of small businesses through the Chamber and the Small Business Development
Center. Links could also be included in e-alerts to commercial and residential brokers.
The Footage could also be used for future television campaigns, DVDs and
presentations.
The program would also be available via a Podcast through the City and
stakeholders websites
Budget: $30,000 for 5 programs and podcasts, including production
II Renton E-Alert
An e-alert to commercial and residential brokers, bankers and other opinion leaders.
441.0yr Features: top business deals, business stories about Renton, and case studies with
companies that have chosen Renton
Budget: $1,500 per issue-$6,000 (four issues)
Public Relations: Telling the Renton Story
Host Broker Breakfast or Luncheon Meetings
Meetings would be hosted for area residential and commercial brokers to help tell the
Renton story. The new DVD would be shown and fact sheets about the Renton market
would be distributed.
Budget: $3,000 (two meetings)
II. Targeted Sponsorships
The campaign will continue to create partnership
programs with local and national organizations to
;'441017' Technology position Renton and to promote its advantages.
The campaign will again sponsor conferences,
' ,� meetings and economic forums to keep Renton
top of mind with area decision makers.
Opportunities for sponsorships and partnerships
New include: Washington Technology Summit in April, the ULI Reality Check in November,
DRAFT 2007 Renton Community Marketing Campaign 4
the Prosperity Partnership, and others. We will also pursue opportunities such as
sponsoring a monthly luncheon meeting of the Commercial Real Estate Women
($877.50), and other broker membership meetings.
Sponsorship programs must include opportunities such as recognition, role on programs,
advertising and other criteria to be developed with stakeholders.
Budget: $15,000
1111. Create a Speaker's Bureau
The speaker's bureau would use the new DVD and market fact sheets to help tell the
Renton story to the community. Opportunities include stakeholder boards, local service
organizations and other groups.
Budget: None required
IV. DVD Promotion and Distribution
The new Renton DVD is a powerful marketing tool
and deserves wide- ' 0 spread distribution.
Opportunities include playing the DVD in: hotel
rooms; hospital waiting ` = » �_ areas; Channel 21; and other
areas. The DVD should ,1444 Q also be featured on all
stakeholder web sites.
Budget: None required
National and International Opportunities
I. The Greater Renton Chamber of Commerce will be making a trip to China in 2007 to
further develop business opportunities. The campaign will translate the new Renton
DVD and market fact sheets into Mandarin.
Budget: $3,000
II. The City will be conducting a Sister City visit to Japan in 2007. To further develop
business opportunities, the campaign will translate the new Renton DVD and market fact
sheets into Japanese.
Budget: $3,000
III. Banner advertising could be considered for websites utilized by commercial brokers.
Opportunities include CityFeet.com and Seattle BizSpace.
Budget: $5,000
DRAFT 2007 Renton Community Marketing Campaign 5
IV. Working with Enterprise Seattle, a list of prospective companies would be created in a
targeted market, such as San Diego. The stakeholders would schedule a recruiting trip
to the market to personally meet with the companies and encourage their relocation to
Renton. The campaign would include targeted advertising (the local Wall Street Journal
or a local business journal) in that market during the recruiting visit.
Budget: $10,000 for the on-site visit
$3,000 for advertising
Maintain the Brand
Integrate the Logo/Theme into Communications
The Campaign will continue to encourage stakeholders to incorporate the Renton Ahead of the
Curve logo and theme into as many advertising/communications vehicles as possible. This not
only leverages resources, but also extends the brand into all aspects of the community.
Budget: None required
Support Business Retention and Recruitment
Economic Strike Force with Key Stakeholders
The campaign will mobilize stakeholders to assist with business recruitment and retention
opportunities during the course of the year. This will be accomplished through the signing of
joint letters, phone calls, personal visits and other means coordinated by the City's Economic
Development, Neighborhoods and Strategic Planning Department.
Budget: None required
Campaign Communications
Hamilton/Saunderson will facilitate and manage quarterly meetings of the stakeholders. These
meetings would last approximately 3 hours. During the meeting, the stakeholders will review
progress to date, evaluate budget expenditures and reallocate the marketing budget as
required.
In addition, they will facilitate a Stakeholder Marketing Retreat in October to plan the 2008
Community Marketing Campaign.
Budget: $5,000 for stakeholder meetings
$3,000 for graphic design
$10,000 for photography
DRAFT 2007 Renton Community Marketing Campaign 6
a
r*r
r
DRAFT
2007 Community Marketing Campaign
Budget Summary
Income
I. Hotel/Motel Tax Funds $ 85,000
II. City of Renton $ 15,000
III. Renton School District $ 15,000
IV. Valley Medical Center $ 15,000
V. Renton Technical College $ 15,000
VI. Greater Renton Chamber of Commerce $ 5,000
Total: $ 150,000
Initiatives
I. Advertising
A. KUOW $ 20,000
B. Puget Sound Business Journal $ 30,000
C. Renton Reporter $ 4,000
II. E-Sales
A. RentonWorks Cable Program/Podcast $ 30,000
B. Broker E-Alert $ 6,000
III. Public Relations
A. Commercial/Residential Broker Meetings $ 3,000
B. Targeted Sponsorship $ 15,000
C. Speaker's Bureau None
D. DVD Promotion and Distribution None
NS
DRAFT 2007 Renton Community Marketing Campaign 7
IV. National and International Opportunities
Ivor
A. Translation of DVD into Mandarin $ 3,000
B. Translation of DVD into Japanese $ 4,000
C. Banner Advertising on Real Estate Web Sites $ 5,000
D. Recruitment Visit and Advertising $ 12,000
V. Additional Opportunities
A. Integrate the Logo/Theme into Communications None
B. Stakeholder Economic Strike Force None
VI. Campaign Communications
A. Stakeholder Meetings $ 5,000
B. Graphic Design $ 3,000
C. Photography $ 10,000
Total: $ 150,000
Ntikor
DRAFT 2007 Renton Community Marketing Campaign 8
RENTON
2006 Community Marketing Initiatives
Advertising
A. Business Publications
1. Seattle Business Monthly—January, February, March, April
2. Puget Sound Business Journal — May, August, October (2), November (2)
B. Radio
1. KIRO NewsRadio Tom Douglas Show (April —June)
2. KJAQ Radio (April— May)
3. KIRO NewsRadio (May—Seahawks moving to Renton)
4. KUOW (October— November)
C. Direct Mail
1. E-Newsletter to area commercial real estate brokers with link to DVD
2. Letters to company human resource directors with link to DVD
3. Letters/calls to potential business recruitment prospects signed by all
stakeholders
II. Public Relations
A. Renton Super Sonic T-Shirts on Sale!
B. Renton Super Sonic Press Release and Media Mailing
C. Community Speaker's Bureau Presentations to Stakeholders
III. Campaign Collateral Material
A. Renton —The Center of Opportunity DVD
B. Renton Presentation Folders
C. Renton Market Fact Sheets
IV. Event Sponsorship
A. Technology Summit
B. Prosperity Partnership
V. Quarterly Community Marketing Campaign Meetings
DRAFT 2007 Renton Community Marketing Campaign 9
Ar°77')VED BY
C0,1iNC1
rr� �
Date /-f--w6 7
FINANCE COMMITTEE
COMMITTEE REPORT
January 8, 2007
Allocation of Lodging Tax funding for 2007
(December 11, 2006)
The Finance Committee recommends concurrence in the Lodging Tax Advisory Committee's
recommendation to allocate Lodging Tax funding for 2007 tourism-related activities as
follows:
• $85,000 to the Renton Community Marketing Campaign;
• $125,000 to Renton Visitor's Connection; and
• A one-time allocation of $5,000 to the City of Renton Community Services
Department to collaborate with other cities and the Seattle/King County Health
Department in the production of a South King County "Healthy Lifestyles" map,
featuring a listing of trails, recreational, and exercise opportunities throughout the
region.
*me The Renton IKEA Performing Arts Center is encouraged to work closely with Renton
Visitor's Connection to explore the possibility of future Lodging Tax funding allocations
either directly, or through the organization's annual work plan.
Don ersson, Chair
\ (Al
Denis W. Law, Vice Chair
Dan lawson, Member
cc: Mike Bailey
Alex Pietsch
2007 funding comm report.doc\ Rev 01/06 bh
CITY OF RENTON
LODGING TAX ADVISORY COMMITTEE
December 6, 2006
Allocation of Lodging Tax funding for 2007
The Lodging Tax Advisory Committee met December 6, 2006 to discuss the allocation of
Lodging Tax funding for 2007. This year, for the first time, the Committee received request
from two new organizations, the City of Renton Community Services Depaitrtient and the
Renton IKEA Performing Arts Center.
The Committee recommends that the City Council allocate Lodging Tax funds for 2007 as
follows:
• $85,000 to the Renton Community Marketing Campaign;
• $125,000 to Renton Visitor's Connection; and
• A one-time allocation of $5,000 to the City of Renton Community Services
Depai tment to collaborate with other cities and the Seattle/King County Health
Department in the production of a South King County "Healthy Lifestyles" map,
featuring a listing of trails, recreational, and exercise opportunities throughout the
region.
The Renton IKEA Performing Arts Center is encouraged to work closely with Renton
Visitor's Connection to explore the possibility of future Lodging Tax funding allocations
either directly, or through the organization's annual work plan.
61)
Denis W. Law, Chair
cc: Alex Pietsch
2007 Funding Comm report_l.docl
Rev 01/06 bh
CITY OF RENTON COUNCIL AGENDA BILL
1 AI#: 6 . I
Submitting Data: For Agenda of:
ittwoi Dept/Div/BoardEDNSP February 5, 2007
Staff Contact Alex Pietsch x6592 Agenda Status
. Consent X
Subject: Public Hearing..
Contract with the Renton Chamber of Commerce for Correspondence..
Renton Visitors Connection activities Ordinance
Resolution
Old Business
Exhibits: New Business
Contract Study Sessions
January 8, 2007 Finance Committee Report Information
Recommended Action: Approvals:
Council concur Legal Dept X
Finance Dept X
Other
Fiscal Impact:
Expenditure Required... $125,000 Transfer/Amendment $125,000 (from
willow,
Fund 110)
Amount Budgeted Revenue Generated
Total Project Budget $125,000 City Share Total Project..
SUMMARY OF ACTION: On January 8, 2007, the City Council allocated $125,000 in Lodging Tax
funding to the Renton Visitors Connection for its tourism marketing efforts in 2007. A contract with
the Renton Chamber of Commerce is now necessary in order for work to begin.
STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to sign the contract in the
amount of$125,000 with the Renton Chamber of Commerce for the Renton Visitors Connection
2007 Tourism Marketing Plan.
•
H:\EDNSP\Economic Development\Hotel-Motel Tax\Council Action-Agenda Bills and Issue Papers\2007\AGDBILL RVC 2007.doc
CONSULTANT AGREEMENT
THIS AGREEMENT is made as of the ($day of 301/4-414P41, 2007, between the CITY OF
RENTON, a municipal corporation of the State of Washinton, hereinafter referred to as "CITY"
and The Greater Renton Chamber of Commerce, a Washington Non-Profit Corporation,
hereinafter referred to as "CONSULTANT", for their services related to Renton Visitors
Connection Tourism Marketing Campaign. All information shall be made available for use by
the City of Renton Staff and City Council.
The CITY and CONSULTANT agree as set forth below:
1. Scope of Services. The Consultant will provide all labor necessary to perform all work,
which is described in the attached Scope of Services (Exhibit A). This Agreement and
Exhibit hereto contain the entire agreement of the parties and supersedes all prior oral or
written representation or understandings. This Agreement may only be amended by
written agreement of the parties. The scope of work may be amended as provided herein.
2. Changes in Scope of Services. The City, without invalidating the Consultant
Agreement, may order changes in the services consisting of additions, deletions or
modifications, and adjust the fee accordingly. Such changes in the work shall be
authorized by written agreement signed by the City and Consultant. If the project scope
,, requires less time, a lower fee will be charged. If additional work is required, the
consultant will not proceed without a written change order from the City. If any
provision of this Agreement is held to be invalid, the remainder of the Agreement shall
remain in full force and effect to serve the purposes and objectives of this Agreement.
3. Time of Performance. The Consultant shall complete performance of the Consultant
Agreement for the items under Consultant's control in accordance with Exhibit A. If
items not under the Consultant's control impact the time of performance, the Consultant
will notify the City.
4. Term of Consultant Agreement. The term of this Agreement shall end at completion of
the scope of work identified in Exhibit A, but no later than December 31, 2007. This
Agreement may be extended to accomplish change orders, if required, upon mutual
written agreement of the City and the Consultant.
5. Consultant Agreement Sum. The total amount of this Agreement is not to exceed the
sum of$125,000. Washington State Sales Tax is not required. The Cost Estimate
provided by the Consultant to the City specifies total cost.
6. Method of Payment. Payment by the City for services rendered will be made after a
voucher or invoice is submitted in the form specified by the City. Payment will be made
within thirty(30) days after receipt of such voucher or invoice. The City shall have the
1
right to withhold payment to the Consultant for any work not completed in a satisfactory
manner until such time as the Consultant modifies such work so that the same is
satisfactory. 'rare
7. Record Maintenance and Work Product. The Consultant shall maintain accounts and
records, which properly reflect all direct and indirect costs expended and services
provided in the performance of this Agreement. The Consultant agrees to provide access
to any records required by the City. All originals and copies of work product, exclusive
of Consultant's proprietary items protected by copyright such as computer programs,
methodology, methods, materials, and forms, shall belong to the City, including records,
files, computer disks, magnetic media or material which may be produced by Consultant
while performing the services. Consultant will grant the City the right to use and copy
Consultant copyright materials as an inseparable part of the work product provided.
8. Assignment Agreement. The Consultant shall not assign any portion of this consultant
Agreement without express written consent of the City of Renton.
9. Hold Harmless. The Consultant shall indemnify, defend and hold harmless the City, its
officers, agents, employees and volunteers, from and against any and all claims, 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 of Consultant's own
employees, or damage to property caused by a negligent act or omission of the
Consultant, except for those acts caused by or resulting from a negligent act or omission
by the City and its officers, agents, employees and volunteers. It is specifically and
expressly understood that the indemnification provided herein constitutes the consultant's
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of
this indemnification. This waiver has been mutually negotiated by the parties. The
provisions of this section shall survive the expiration or termination of this Agreement.
10. Insurance. The Consultant shall secure and maintain commercial liability insurance in
the amount of$1,000,000 in full force throughout the duration of this Consultant
Agreement. A certificate of insurance shall be delivered to the City before executing the
work of this agreement. It is agreed that the City of Renton will be named as Additional
Insured on the contractor's policy with that coverage being primary and non-contributory
to any other policy(ies) available to the City. The certificate shall name the City as an
additional insured, on a separate page attachment. Please note: The cancellation
language should read"Should any of the above described policies be cancelled before the
expiration date thereof, the issuing company will mail 45 days written notice to the
certificate holder named to the left.
11. Independent Contractor. Any and all employees of the Consultant, while engaged in
the performance of any work or services required by the Consultant under this agreement,
shall be considered employees of the Consultant only and not of the City. The
Consultant's relation to the City shall be at all times as an independent contractor. Any
and all claims that may or might arise under the Workman's Compensation Act on behalf
2
of said employees, while so engaged, and any and all claims made by a third party as a
consequence of any negligent act or omission on the part of the Consultant's employees,
while so engaged on any of the work or services provided to be rendered herein, shall be
the sole obligation and responsibility of the Consultant.
12. Compliance with Laws. The Consultant and all of the Consultant's employees shall
perform the services in accordance with all applicable federal, state, county and city laws,
codes and ordinances.
This agreement is entered into as of the day and year written above.
C I NSULTANT CITY OF RENTON
Bill Tay s r,President Kathy Keolker, Mayor
The Greater Renton Chamber of Commerce
300 Rainier Avenue N
Renton, WA 98055
425-226-4560
APPROVED AS TO FORM: ATTEST:
Nome
City Attorney Bonnie I. Walton, City Clerk
'4000
3
RENTON CHAMBER OF COMMERCE
2007 Renton Visitor's Connection Scope of Work
The Renton Chamber of Commerce performs certain marketing functions
to attract visitors to Renton and operates a Visitor's Center to
accommodate visitor informational needs. The scope of work for the year
2007 includes but is not limited to:
GoRenton.com Web Site — Receives 63,000 hits a week from 50 states and
127 countries. The most frequently visited pages on the web site are: Live Web
Camera, Play, Stay, Dine and Farmers Market.
In 2007 there will be further improvements made to the site to attract greater
interest. Budget$3,816.
Visitor's Guide — Is produced and distributed throughout the Pacific
Northwest, featuring Businesses, Attractions, Activities, Events and general
information about Renton to attract visitors.
In 2007, 50,000 guides will be produced consisting of 32 pages and distributed in
520 Certified locations throughout Washington and British Columbia. In addition,
the Renton Visitors Guide will be in 5 locations at SEATAC Airport as well as the
Seattle/King County Visitors Bureau. Budget $19,481.
Event Pocket Calendar—A folding Pocket Calendar is produced listing all of
the events that would be of interest to visitors to Renton. It is designed to bring
visitors back to Renton to experience events throughout the year.
In 2007 30,000 pocket calendars will be produced and will be distributed in high
traffic locations throughout Renton. Budget$3,300.
National Geographic Travel — Occurs in the West's Best section of the
magazine to acquaint readers with and offer Renton as a hub for activities in the
Seattle market.
In 2007 there will be an ad in the Jan/Feb issue of National Geographic Travel
Magazine distributed in the Western United States and a readers response
feature nationally. Budget $3,535.
Newspaper Advertising -- Is positioned to offer Renton as a convenient
Seattle area travel destination and emphasizes events and activities.
1
RENTON CHAMBER OF COMMERCE
In 2007 there will be newspaper advertising Yakima, Spokane and the Puget
Sound Region. The ads will feature proximity to Seattle, events, destination retail,
lodging, activities, attractions and dining and will run in April, May, June, July,
August and November. Budget $26,853 plus $1,050 in print production.
-- Radio Advertising - Builds top-of-mind awareness about Renton as a hub
location when visiting the Seattle area.
In 2007, there will be radio spots in Vancouver BC, Spokane, Tri-Cities, Portland,
Yakima and North Central Washington markets generating. Ads will run in April,
June, July, August, September and November and will feature proximity to
Seattle, events, destination retail, lodging, activities, attractions and dining.
Budget $36,000.
- Visitor's center and Chamber fulfillment - The Chamber facility serves as a
Visitor's Center and the staff performs functions to serve existing and potential
visitors to Renton; plans, implements and manages the visitor's advertising and
marketing programs; coordinates programs for the Visitor's Connection; and is
the organizing and communication agency for lodging properties and other
participating tourism businesses.
Among the functions performed are:
• Referring inquiries to businesses.
Noss.,, • Greeting and serving walk-in visitors.
• Maintaining and answering a toll free telephone number.
• Printing promotional material.
• Mailing information in response to requests.
• Responding to publicity and media leads.
• Distribution of advertising and promotional material.
• Participating in regional and state tourism activities.
• Maintenance of printed material on display to visitors.
• Visitor's web site hosting and maintenance.
• Design and placement of advertising.
• Design, printing and distribution of Visitor's Guide and Event Pocket
Calendar.
• Visitor research.
Fulfillment budget $29,320
Total 2007 budget $125,000.
2
RENTON CHAMBER OF COMMERCE
RVC Budget 2007
Advertising
Magazine $3,535
Radio $36,000
Newspaper $26,503
Production $1,350
'Visitors Guide 50,000 $19,481
size 32 panel
distribution locations 522
LEB
Pocket Calendar, 30,000 $3,300
$3,816
Trade/events/promotion $1,345
Equipment/misc. $350
Chamber fulfillment
Director $12,000
Misc. $1,000
Memberships $950
FAM activities $420
Publicity/Media $3,500
Postage $450
Printing $750
Receptionist/referrals $2,750
Toll free number $2,500
Chamber management $5,000
Total Budget $125,000
*40101
3
AFTR,ovE BY I
Ci d C: '. NCIL
Date /-1•2 7
FINANCE COMMITTEE
COMMITTEE REPORT
January 8, 2007
Allocation of Lodging Tax funding for 2007
(December 11, 2006)
The Finance Committee recommends concurrence in the Lodging Tax Advisory Committee's
recommendation to allocate Lodging Tax funding for 2007 tourism-related activities as
follows:
• $85,000 to the Renton Community Marketing Campaign;
• $125,000 to Renton Visitor's Connection; and
• A one-time allocation of $5,000 to the City of Renton Community Services
Department to collaborate with other cities and the Seattle/King County Health
Department in the production of a South King County "Healthy Lifestyles" map,
featuring a listing of trails, recreational, and exercise opportunities throughout the
region.
Nome
The Renton IKEA Performing Arts Center is encouraged to work closely with Renton
Visitor's Connection to explore the possibility of future Lodging Tax funding allocations
either directly, or through the organization's annual work plan.
Don Persson, Chair
� � J
Denis W. Law, Vice Chair
Dan lawson, Member
cc: Mike Bailey
Alex Pietsch
2007 funding comm repott.doc\ Rev 01/06 bh
CITY OF RENTON
LODGING TAX ADVISORY COMMITTEE
December 6, 2006
Allocation of Lodging Tax funding for 2007
•
The Lodging Tax Advisory Committee met December 6, 2006 to discuss the allocation of
Lodging Tax funding for 2007. This year, for the first time, the Committee received request
from two new organizations, the City of Renton Community Services Department and the
Renton IKEA Performing Arts Center.
The Committee recommends that the City Council allocate Lodging Tax funds for 2007 as
follows:
• $85,000 to the Renton Community Marketing Campaign;
• $125,000 to Renton Visitor's Connection; and
• A one-time allocation of $5,000 to the City of Renton Community Services
Department to collaborate with other cities and the Seattle/King County Health
Noe
Department in the production of a South King County "Healthy Lifestyles" map,
featuring a listing of trails, recreational, and exercise opportunities throughout the
region.
The Renton IKEA Performing Arts Center is encouraged to work closely with Renton
Visitor's Connection to explore the possibility of future Lodging Tax funding allocations
either directly, or through the organization's annual work plan.
AeLA)) 411---
Denis W. Law, Chair
cc: Alex Pietsch
2007 Funding Comm report_1.doc\
Rev 01/06 bh
CITY OF RENTON COUNCIL AGENDA BILL ,,
( AI#: ' s I
Submitting Data: For Agenda of:
Illuive Dept/Div/Board.. Fire Department/Emergency February 5, 2007
Management
Staff Contact Deputy Chief Larry Rude Agenda Status
Consent X
Subject: Public Hearing..
Correspondence..
FEMA Public Assistance Grant Agreement Ordinance
#E07-752 Resolution
Old Business
Exhibits: New Business
Study Sessions
Issue Paper Information
Agreement
Recommended Action: Approvals:
Legal Dept X
Council Concur Finance Dept
Other Risk Management X
Fiscal Impact:
Expenditure Required... Transfer/Amendment
1/460.1
Amount Budgeted Revenue Generated TBD
Total Project Budget City Share Total Project
SUMMARY OF ACTION:
The City has qualified for a Washington State Public Assistance Grant to receive up to 75% of
eligible non-insurance covered damages sustained by the City during the 2006 Flood1671-DR-WA.
The grant is through the Washington State Military Department of Emergency Management Division.
The initial damage assessment is$5,019,233.
STAFF RECOMMENDATION:
Staff recommends that the City of Renton Council concur and authorize the Mayor and City Clerk
to sign and execute the Washington State Military Department Public Assistance Grant
Agreement E07-752.
ttkimoi
Rentonnetiagnbill/ bh
ti`s O FIRE DEPARTMENT
MEMORANDUM
DATE: January 29, 2007
TO: Toni Nelson, Council President
Members of the City Council
VIA: - '. Kathy Keolker, Mayor
FROM: I. David Daniels, Fire Chief
STAFF CONTACT: Larry Rude, Deputy Fire Chief
SUBJECT: FEMA Public Assistance Grant Agreement#E07-752
Issue
On November 5 and 6, 2006, the City of Renton experienced a rainfall nearly equivalent
to a 100-year, 24-hour precipitation event that resulted in various flooding problems
within the City. Due to this two-day period, the City of Renton sustained damages in
excess if$2,000,000. The Robert T. Stafford Disaster Relief and Emergency Assistance
Act, Public Law 93-288, is the authorization for federal assistance to supplement the
'441010- efforts of states to assist local governments after a natural or person-caused disaster.
Background
Renton's Office of Emergency Management submitted an initial damage assessment
(PDA) in the amount of$5,019,233 as an estimate of potential damages caused by the
November 5 and 6, 2006 flooding event. Damage assessments from King County and the
State of Washington allowed this disaster to qualify for federal assistance under the
Robert T Stafford Act. This disaster has been designated by declaration as 1671-DR-WA.
The City of Renton, with the assistance of Washington State Military Department of
Emergency Management Division, appointed Deputy Fire Chief Larry Rude as Applicant
Agent and Peter Renner Facilities Director as Co-Applicant Agent for the November
Flood 2006 declaration number 1671-DR-WA. Through Deputy Chief Rude, the City
applied and has been accepted for the Washington State Military Department Public
Assistance Grant. This agreement will allow the City of Renton to receive up to 75% of
eligible non-insurance covered damages. After the Nisqually disaster in 2001, the City
received funding in excess of$400,000 from a similar grant agreement.
RECOMMENDATION
Staff recommends that the City of Renton Council concur and authorize the Mayor and
City Clerk to sign and execute the Washington State Military Department Public
Assistance Grant Agreement E07-752.
i:\agreementcontractsgrants\agreements\07femaissuepapendoc
,
Washington State Military Department
PUBLIC ASSISTANCE GRANT AGREEMENT FACE SHEET
1. Applicant Name and Address: 2. Total Project Amount: 3. Grant Number:
City of Renton To be determined, based upon E07-752
approved project worksheets
4. Applicant Agent, phone number: 5. Grant Start Date: 6. Grant End Date:
November 2,2006 December 12,2010
7. MD Program Manager/phone number: 8. State Business License#: 9. UBI#(state revenue):
Donna J. Voss, (253) 512-7078 n/a 177 o '='i
10. Funding Authority:
Washington State Military Department (the"Department"), and Federal Emergency Management Agency(FEMA)
11. Funding Source Agreement#: 12. Program Index# 13. Catalog of Federal Domestic Asst.(CFDA)# 14. TIN or SSN:
FEMA 1671-DR-WA 774UE/772U_ &Title: 97.036, Public Assistance 91- )2.7 I
15. Service Districts: 7,, III 3 3, 3 7 16. Service Area by County(ies): 17. Women/Minority-Owned,State
(BY LEGISLATIVE DISTRICT): 1-il th County Certified?: X N/A 0 NO
(BY CONGRESSIONAL DISTRICT) $ ; th `— 0 YES,OMWBE#
18. Grant Agreement Classification: 19. Document Type(check all that apply):
o Personal Services 0 Client Services X Public/Local Gov't 0 Contract X Grant X Agreement
o Collaborative Research 0 A/E 0 Other 0 Intergovernmental 0 Interagency
20. Applicant Selection Process: 21. Applicant Type(check all that apply)
X "To all who apply&qualify" 0 Competitive Bidding 0 Private Organization/Individual 0 For-Profit
o Sole Source o NE RCW o N/A X Public Organization/Jurisdiction X Non-Profit
o Advertised? o YES o NO 0 VENDOR 0 SUBRECIPIENT X OTHER
22. BRIEF DESCRIPTION:
Presidential Disaster Declaration # FEMA-1671-DR-WA: To provide funds to the Applicant for the repair or
restoration of damaged public facilities as approved by the Federal Emergency Management Agency in project
worksheets describing eligible scopes of work and associated funding, which are incorporated herein by th'c
reference.
3
Nimii
IN WITNESS WHEREOF, the Department and Applicant acknowledge and accept the terms of this Grant Agreement,
exhibits, references and attachments hereto and have executed this Grant Agreement as of the date and year written
below. This Grant Agreement Face Sheet, Special Terms and Conditions, General Terms and Conditions, Federal and
State Requirements and Assurances, and any other attachments or references govern the rights and obligations of both
parties to this Grant agreement.
In the event of an inconsistency in this Grant Agreement, unless otherwise provided herein, the inconsistency shall be
resolved by giving precedence in the following order:
1. Applicable Federal and State Statutes and Regulations
2. Statement of Work and/or Project Description as outlined in FEMA approved Project Worksheet(s)
3. Special Terms and Conditions
4. General Terms and Conditions, and,
5. Other provisions of the contract incorporated by reference.
This Grant Agreement, including all attachments, contains all the terms and conditions agreed upon by the parties. No
other understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind
any of the parties hereto.
WHEREAS, the parties hereto have executed this agreement on the day and year last specified below.
FOR THE DEPARTMENT: FOR THE APPLICANT:
Signature Date Signature Date
James M. Mullen, Director
Emergency Management Division print or type name:
Washington State Military Department
APPROVED AS TO FORM: APPROVED A TO FORM:
Spencer W. Daniels (signature on file) 12/22/2006 /A tee% I\-e i,t,;,. ( 4,4 yr/ /i';1
Assistant Attorney General Applicant's L Review Date
Form 10/27/00 kdb
Public Assistance Grant Agreement-12/06 Page 1 of 15 City of Renton
E07-752
SPECIAL TERMS AND CONDITIONS
ARTICLE I —COMPENSATION SCHEDULE
1. FUNDING
The DEPARTMENT will administer the Public Assistance Grant Program and reimburse any eligible
Public Assistance costs to the APPLICANT that are identified under the auspices of Presidential
Emergency Declaration Number FEMA 1671-DR-WA. It is understood that no final dollar figure is
committed to at the time that this agreement is executed, but that financial commitments will be made
by amendments to the project application as Project Worksheets are completed in the field and projects
are authorized by state and federal officials. See Attachment#1-Project Worksheet sample.
Pursuant to the FEMA-STATE AGREEMENT, the Federal Emergency Management Agency will
contribute 75 percent of the eligible costs for any eligible project and 100 percent of the administrative
costs, as provided for in subsection 3.E. of Article I. The APPLICANT will commit to the remaining 25
percent non-federal match to any eligible project that has been identified under the Presidential
Disaster Declaration number FEMA 1671-DR-WA, subject to the following exception:
A. The preparation of Biological Assessments and completion of environmental reviews under the
National Environmental Policy Act are the legal responsibility of the Federal Emergency
Management Agency. Should the APPLICANT choose to prepare a Biological Assessment for
FEMA as part of their projects, the reimbursement is limited to the federal share of 75 percent.
The full 25 percent non-federal share of the eligible costs is the responsibility of the
APPLICANT.
B. Donated Resources: Under FEMA Policy 9525.2 Donated Resources, FEMA will credit an
APPLICANT for volunteer labor, donated equipment, and donated materials used in the
performance of eligible emergency work — categories A and B, which will be referred to as
Donated Resources. Donated resources are recognized by FEMA in a Project Worksheet.
Donated resources offset the non-federal share of the eligible emergency work approved in
Project Worksheets. For non-state agency applicants, the donated resource value will first be
`46.+' applied to the APPLICANT's non-federal share. Any remaining donated resource value will be
applied to the DEPARTMENT's share. For state agencies, if the value of the Donated
Resources does not equal or exceed the non-federal share of the eligible emergency work, then
the DEPARTMENT will commit the difference. If the federal share of the Donated Resources
exceeds the non-federal share of all the eligible emergency work project worksheets, the excess
will have no value. It cannot be transferred to another eligible APPLICANT or be applied to the
non-federal share of eligible permanent work.
See Attachment#1 — Project Worksheet sample.
2. GRANT AGREEMENT PERIOD
Activities payable under this contract and to be performed by the APPLICANT under this agreement
shall be those activities which occurred during or subsequent to the incident period defined in the
FEMA-State Agreement, and shall terminate upon completion of the project(s) approved by federal and
state officials, including completion of close-out and audit. This period shall be referred to as the "Grant
Agreement Period."
3. PAYMENTS
The DEPARTMENT, using funds granted for the purposes of the Presidential Disaster Declaration from
FEMA, shall issue payments to the APPLICANT in compliance with the Washington State Public
Assistance Applicant Manual procedures as follows:
A. Small Project Payments: Payments are made for all small projects to the APPLICANT upon
submission and approval of an A19-1A State of Washington Invoice Voucher to the
DEPARTMENT, after FEMA has approved funding through approval of Project Worksheets.
Public Assistance Grant Agreement-12/06 Page 2 of 15 City of Renton
E07-752
B. Progress Payments: Progress payment of funds for costs already incurred on large projects
minus 10 percent retainage may be made to the APPLICANT upon submission by the
APPLICANT of an A19-1A State of Washington Invoice Voucher, a letter of request, and a
spreadsheet identifying the claimed costs supporting the payment request and approval by th
DEPARTMENT.
C. Improved Projects: Payments on improved projects will be pro-rated based upon the
percentage of the project that is funded under this disaster grant to the overall project cost. This
percentage will be identified when the first payment on the improved project is made. Progress
payments will be made as outlined above in Section B.
D. Final Payment: Final Payment on a large project will be made following submission by the
APPLICANT of a certification of completion on the STATEMENT OF DOCUMENTATION/FINAL
INSPECTION REPORT form upon completion of project(s), completion of all final inspections by
the DEPARTMENT, and final approval by FEMA. Final payment on a large project will include
any retainage withheld during progress payments. Final payments may also be conditional upon
financial review, if determined necessary by the DEPARTMENT or FEMA. Adjustments to the
final payment may be made following any audits conducted by the Washington State Auditor's
Office, the United States Inspector General or other federal or state agency.
E. The APPLICANT is eligible to receive federal administrative funding, upon completion and
closure of the disaster grant, for the costs of requesting, obtaining and administering the
disaster assistance grant based upon the following percentage of total eligible costs:
• For the first $100,000 of eligible costs, three percent of such costs;
• For the next $900,000, two percent of such costs;
• For the next $4,000,000, one percent of such costs; and
• For those costs over$5,000,000, one-half percent of such costs.
F. All payment requests shall be made on an A19-1A form, State of Washington, Invoice Voucher.
Payments will be made by electronic fund transfer to the APPLICANT's account.
G. Funding shall not exceed the total federal contribution eligible for Public Assistance costs under
Presidential Disaster Declaration number FEMA 1671-DR-WA.
H. For state agencies, the DEPARTMENT will, through interagency reimbursement procedure
transfer payment to the APPLICANT. Payment will be transferred by journal voucher to Agency
No. , Accounting Fund No.
ARTICLE II — DOCUMENTATION
The APPLICANT is required to retain all documentation which adequately identifies the source and application
of Public Assistance funds, including the administrative allowance, for six years following the closure of this
disaster grant. For all projects and administrative allowance, documentation includes adequate accounting of
actual costs and recoveries incurred.
ARTICLE III - QUARTERLY REPORTS
The APPLICANT is required to submit to the DEPARTMENT a quarterly report indicating the status of all their
large projects. The status shall identify the costs incurred to date, the percentage of work completed, the
anticipated completion date of the project and whether cost under runs or over runs are expected. In addition,
the APPLICANT should note in the comment field any challenges or issues associated with the project. Failure
to submit a complete quarterly report within 15 days following the end of the quarter will result in suspension of
all payments to the APPLICANT until a complete quarterly report is received by the DEPARTMENT.
ARTICLE IV—TIME EXTENSIONS
A time extension request is required to be forwarded to the DEPARTMENT by the APPLICANT for a project
prior to the expiration of the approved completion date. If the project is approved and funded after the statutory
approval time period for completion, then a time extension request must be submitted to the DEPARTMENT
within fifteen days of receipt of the funding package.
Nerii
Public Assistance Grant Agreement-12106 Page 3 of 15 City of Renton
E07-752
A time extension request must be in writing and identify the project worksheet number, the reason the project
has not been completed within the prior approved completion period, a current status of the completion of the
work, a detailed timeline for completion of the remaining elements, and an anticipated completion date for the
'ompletion of the remaining work. Failure to submit a time extension request on a timely basis, will result in
°*rrdenial of the time extension and loss of funding for the related project.
ARTICLE V- CLOSE-OUT
To initiate close-out, the APPLICANT is required to certify in writing, by Project Worksheet Number, date
completed and total amount expended on the project, completion of the small projects. To initiate close-out of
the large projects, the APPLICANT shall submit certification of completion on a STATEMENT OF
DOCUMENTATION/FINAL INSPECTION REPORT form to the DEPARTMENT. The DEPARTMENT will then
complete a site inspection and a financial review of documentation to support the claimed costs. Certifications
on small and large projects are due within sixty days following the completion of the project or receipt of the
approved Project Worksheet, whichever date is later.
After all of the projects have been certified as complete and approved for closure by FEMA, the
DEPARTMENT will forward a final A19-1A State of Washington Invoice Voucher to the APPLICANT for release
of the remaining funds due to the applicant for eligible costs, including the administrative allowance and any
retainage previously withheld.
ARTICLE VI —KEY PERSONNEL
The individuals listed below shall be considered key personnel and point of contact. Any substitution by either
party must be submitted in writing.
APPLICANT: DEPARTMENT:
)
Name: < �� Staff name: Donna Voss
Title: fir`pw ire tr(fr ie f Title: Deputy State Coordinating Officer
Public Assistance
E-mail address: I rt,o4>` CI,r v,i011,0)&US E-Mail: d.voss@emd.wa.gov
'Niue Phone Number: (1125) y3C - 7112 Phone Number: (360) 570-6302
ARTICLE VII -ADMINISTRATIVE REQUIREMENTS
A. The APPLICANT shall comply with the following OMB Circulars as applicable to their organization:
• Cost Principles
o OMB Circular A-87, Cost Principles for State, Local and Indian Tribal Governments. OMB
Circular A-87 and program regulations will be used to determine costs for nonprofit hospitals
funded under FEMA grants.
o OMB Circular A-21, Educational Institutions
o OMB Circular A-122, Non-Profit Organizations
• Administrative Requirements
o OMB A-102, Grants and Cooperative Agreements with State and Local Governments
o OMB A-110, Grants and Cooperative Agreements with Institutions of Higher Education,
Hospitals, and Other Non-Profit Organizations
• Audit Requirements
o OMB A-133, Audits of States, Local Governments, and Non-Profit Organizations
B. The APPLICANT will comply with the federal regulations in 44 CFR Parts 13, 14, 17, 18, and 206, and
the state requirements in the Washington State Public Assistance Applicant Manual, dated January
2007.
C. Federal funding is provided by the Federal Emergency Management Agency (FEMA) and is
administered by the DEPARTMENT. Under the authority of Presidential Disaster Declaration number
FEMA 1671-DR-WA, the DEPARTMENT is reimbursing the APPLICANT for those eligible costs and
activities necessary under the Public Assistance Grant Program during the incident period of
November 2 — 11, 2006. Eligible costs and activities will be identified in Project Worksheets approved
by FEMA.
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Exhibit A
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Assistance Grants
A.1 DEFINITIONS
As used throughout this Grant Agreement, the following terms shall have the meaning set forth below:
a. "Department" shall mean the Washington State Military Department, as a state agency, any
division, section, office, unit or other entity of the Department, or any of the officers or other
officials lawfully representing that Department.
b. "Applicant" shall mean a state agency, local government, tribal government, special purpose
district, or an eligible private nonprofit organization submitting an application to the Governor's
Authorized Representative for disaster recovery assistance.
c. "Applicant Agent" shall mean the official representative and alternate designated or appointed
by the Applicant and authorized to make decisions on behalf of the Applicant.
d. "Grantee" shall mean the government to which a grant is awarded and which is accountable for
the use of the funds provided. The Grantee is an entire legal entity even if only a particular
component of the entity is designated in the grant award document. For the purpose of this
agreement, the state is the Grantee. The Grantee and the DEPARTMENT are one and the
same.
e. "Monitoring Activities" shall mean all administrative, construction or financial review activities
that are conducted to ensure compliance with all state and federal rules, authorities or policies.
d. "Subgrantee" shall mean the government or other legal entity to which a subgrant is awarded
and which is accountable to the Grantee for the use of the funds provided. The Subgrantee and
Applicant are one and the same.
e. "Project" shall mean the action(s) that is being funded through the Public Assistance Program.
Projects may include one or more of the following: reimbursement of costs for emergency
response, debris removal and/or repair or restoration of damaged public facilities. Projects are
defined as those actions described in an approved Project Worksheet. A project may be
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small, large, improved, or alternate project.
f. "PL"—is defined and used herein to mean the Public Law.
g. "CFR"— is defined and used herein to mean the Code of Federal Regulations.
h. "OMB"— is defined and used herein to mean the Office of Management and Budget.
i. "WAC"— is defined and used herein to mean the Washington Administrative Code.
j. "RCW"— is defined and used herein to mean the Revised Code of Washington.
A.2 RECORDS AND REPORTS
a. The APPLICANT agrees to maintain all books, records, documents, receipts, invoices and all
other electronic or written records necessary to sufficiently and properly reflect the
APPLICANT's contracts, contract administration, and payments, including all direct and indirect
charges, and expenditures in the performance of this agreement.
b. The APPLICANT's records related to this Grant Agreement and the projects funded hereunder
may be inspected by the DEPARTMENT or the Director, or their designees, by designees of the
Office of the State Auditor, the Federal Emergency Management Agency or their designees, or
the Comptroller General of the United States or their designees or by other federal officials
authorized by law, for the purposes of determining compliance by the APPLICANT with the
terms of this Grant Agreement and to determine the appropriate level of funding to be paid
under the subject Grant Agreement.
c. The records shall be made available by the APPLICANT together with suitable space for such
inspection at any and all times during the APPLICANT's normal working day.
d. The APPLICANT shall retain all records and allow access related to this Grant Agreement and
the funded project(s) for a period of at least six (6) years following final payment and closure of
the grant under this Grant Agreement.
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A.3 WAIVERS
No conditions or provisions of this Grant Agreement can be waived unless approved in advance by the
DEPARTMENT in writing. The DEPARTMENT's failure to insist upon strict performance of any
provision of the Grant Agreement or to exercise any right based upon a breach thereof, or the
acceptance of any performance during such breach, shall not constitute a waiver of any right under this
Grant Agreement.
A.4 AMENDMENTS AND MODIFICATIONS
The APPLICANT or the DEPARTMENT may request, in writing, an amendment or modification of this
Grant Agreement. However, such amendment or modification shall not take effect until approved, in
writing, by the DEPARTMENT and the APPLICANT.
A.5 TERMINATION AND OTHER REMEDIES
a. If, through any cause, the APPLICANT shall fail to fulfill in a timely and proper manner its
obligations under this contract or if the APPLICANT shall violate any of its covenants,
agreements, or stipulations of this contract, the DEPARTMENT shall thereupon have the right to
terminate this contract and withhold the remaining allocation if such default or violation is not
corrected within thirty (30) days after submitting written notice to the APPLICANT describing
such default or violation.
b. Notwithstanding any provisions of this contract, either party may terminate this contract by
providing written notice of such termination, specifying the effective date thereof, at least thirty
(30) days prior to such date.
c. Reimbursement for APPLICANT services performed, and not otherwise paid for by the
DEPARTMENT prior to the effective date of such termination shall be as the DEPARTMENT
reasonably determines.
d. The DEPARTMENT may unilaterally terminate all or part of this contract, or may reduce its
scope of work and budget, if there is a reduction in funds by the source of those funds, and if
such funds are the basis for this contract.
5 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES
1401 The APPLICANT and all its contractors shall comply with, and the DEPARTMENT is not responsible for
determining compliance with, any and all applicable federal, state, and local laws, regulations,
executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited to:
nondiscrimination laws and/or policies, Energy Policy and Conservation Act (Public Law 94-163, 89
Statute 871), the Americans with Disabilities Act (ADA), the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant
Against Contingent Fees (48 CFR Section 52.203-5), Public Disclosure (RCW 42.56), Prevailing
Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW 43.21), Shoreline
Management Act of 1972 (RCW 90.58), State Building Code (RCW 19.27), Energy Related Building
Standards (RCW 19.27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92),
and safety and health regulations.
A.7 LEGAL RELATIONS
It is understood and agreed that this Grant Agreement is solely for the benefit of the parties to the Grant
Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of
this Grant Agreement.
The APPLICANT, its successors or assigns, will protect, save and hold harmless the DEPARTMENT,
the State of Washington, and the United States Government and their authorized agents and
employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason
of the acts or omissions of the APPLICANT, its subcontractors, assigns, agents, contractors,
consultants, licensees, invitees, employees or any person whomsoever arising out of or in connection
with any acts or activities authorized by this Grant Agreement.
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The APPLICANT further agrees to defend the DEPARTMENT and the State of Washington and their
authorized agents and employees in any litigation; including payment of any costs or attorneys' fees for
any claims or action commenced thereon arising out of or in connection with acts or activities
authorized by this Grant Agreement. This obligation shall not include such claims, costs, damages
expenses which may be caused by the sole negligence of the DEPARTMENT or the State 11000
Washington or their authorized agents or employees; provided, that if the claims or damages are
caused by or result from the concurrent negligence of (1) the DEPARTMENT and the State of
Washington and their agents or employees, and (2) the APPLICANT, its agents, or employees, this
indemnity provision shall be valid and enforceable only to the extent of the negligence of the
APPLICANT, or APPLICANT's agents or employees.
Insofar as the funding source, the Federal Emergency Management Agency (FEMA), is an agency of
the federal government, the following shall apply:
44 CFR 206.9 Nonliability. The federal government shall not be liable for any claim based upon the
exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the
part of a federal agency or an employee of the federal government in carrying out the provisions of the
Stafford Act.
A.8 ACKNOWLEDGMENTS
The APPLICANT shall include language which acknowledges the funding contribution of the
DEPARTMENT and the Federal Emergency Management Agency(FEMA)to this project in any release
or other publication developed or modified for, or referring to, the project.
A.9 APPLICANT NOT EMPLOYEE
The APPLICANT, and/or employees or agents performing under this agreement are not employees or
agents of the DEPARTMENT in any manner whatsoever. The APPLICANT will not be presented as
nor claim to be an officer or employee of the DEPARTMENT or of the State of Washington by reason
hereof, nor will the APPLICANT make any claim, demand, or application to or for any right or privilege
applicable to an officer or employee of the DEPARTMENT or of the State of Washington, including, bi'`
not limited to, Workmen's Compensation coverage, unemployment insurance benefits, social securi
benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service
employee under Chapter 41.06 RCW.
It is understood that if the APPLICANT is another state department, state agency, state university, state
college, state community college, state board, or state commission, that the officers and employees are
employed by the state of Washington in their own right.
A.10 NONDISCRIMINATION
The APPLICANT shall comply with all applicable federal and state non-discrimination laws, regulations,
and policies. No person shall, on the grounds of age, race, creed, color, sex, religion, national origin,
residence, marital status, or disability (physical, mental, or sensory) be denied the benefits of, or
otherwise be subjected to discrimination under any project, program, or activity, funded, in whole or in
part, under this Grant Agreement.
A.11 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The APPLICANT is encouraged to utilize business firms that are certified as minority-owned and/or
women-owned in carrying out the purposes of this Grant Agreement. The APPLICANT may set
utilization standards, based upon local conditions or may utilize the state of Washington MWBE goals,
as identified in WAC 326-30-03901.
A.12 CONFLICT OF INTEREST
No officer or employee of the DEPARTMENT; no member, officer, or employee of the APPLICANT or
its designees or agents; no member of the governing body of the jurisdiction in which the project is
undertaken or located; and no other official of such locality or localities who exercises any functions or
responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary
gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to b,
performed in connection with the project assisted under this Grant Agreement. The APPLICANT shall
incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision prohibiting such
interest pursuant to this provision.
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A.13 VENUE
This Grant Agreement shall be construed and enforced in accordance with, and the validity and
performance hereof shall be governed by the laws of the state of Washington. Venue of any suit
between the parties arising out of this Grant Agreement shall be the Superior Court of Thurston County,
Washington. The APPLICANT, by execution of this Grant Agreement acknowledges the jurisdiction of
the courts of the State of Washington.
A.14 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The DEPARTMENT makes no claim to any capital facilities or real property improved or constructed
with funds under this Grant Agreement, and by this grant of funds does not and will not acquire any
ownership interest or title to such property of the APPLICANT. The APPLICANT shall assume all
liabilities arising from the ownership and operation of the project and agrees to hold the DEPARTMENT
and the state of Washington and the United States government harmless from any and all causes of
action arising from the ownership and operation of the project.
A.15 SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition under this Grant Agreement or its
application to any person or circumstances invalid, this invalidity does not affect other provisions, terms
or conditions of the Grant Agreement, which can be given effect without the invalid provision. To this
end, the terms and conditions of this Grant Agreement are declared severable.
A.16 RECAPTURE PROVISION
In the event the APPLICANT fails to expend funds in accordance with federal, state, or local law and/or
the provisions of the Grant Agreement, the DEPARTMENT reserves the right to recapture funds in an
amount equivalent to the extent of noncompliance. Such right of recapture shall exist for the life of the
project following agreement termination. Repayment by the APPLICANT of funds under this recapture
provision shall occur within 30 days of demand. In the event the DEPARTMENT is required to institute
legal proceeding to enforce the recapture provision, the DEPARTMENT shall be entitled to its costs
thereof, including attorney fees.
X17 RECOVERY OF FUNDS
The APPLICANT is responsible for pursuing recovery of moneys paid under this Grant Agreement
against any party or parties that might be liable, and further the APPLICANT will cooperate in a
reasonable manner with the DEPARTMENT and the United States in efforts to recover expenditures
under this Grant Agreement. The APPLICANT will pay to the Department the proportionate state and
federal share of all funds recovered in excess of litigation.
A.18 DUPLICATION OF BENEFITS
The public assistance funds for which federal or state assistance is requested does not, or will not,
duplicate benefits or funds received for the same loss from any other source.
The APPLICANT will pursue full payment of eligible insurance benefits for properties covered in a
project under this Grant Agreement. The APPLICANT will repay any government assistance that is
duplicated by insurance proceeds.
The APPLICANT agrees to cooperate with FEMA and the DEPARTMENT in seeking recovery of funds
that are expended in alleviating the damages and suffering caused by this major disaster against any
party or parties whose intentional acts or omissions may have caused or contributed to the damage or
hardship for which Federal assistance is provided pursuant to the Presidential declaration of this major
disaster.
The APPLICANT agrees to cooperate with FEMA and the DEPARTMENT, to seek recovery of all funds
that are expended in alleviating the damages and suffering caused by this major disaster against any
party or parties whose negligence or other tortuous conduct may have caused or contributed to the
damage or hardship for which Federal assistance is provided pursuant to the Presidential declaration of
this major disaster. FEMA will treat such amounts as duplicated benefits available to the APPLICANT in
accordance with 42 U.S.C. §5155 and 44 C.F.R. 206.
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A.19 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or to further the
election or defeat of any candidate for public office or influence the approval or defeat of any ballot
issue.
A.20 NOTICES
The APPLICANT shall comply with all public notices or notices to individuals required by applicable
local, state and federal laws and shall maintain a record of this compliance.
A.21 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Grant Agreement shall not be used in payment of any bonus or
commission for the purpose of obtaining approval of the application for such assistance or any other
approval or concurrence under this Grant Agreement provided, however, that reasonable fees or bona
fide technical consultant, managerial, or other such services, other than actual solicitation, are not
hereby prohibited if otherwise eligible as project costs.
A.22 RESPONSIBILITY FOR PROJECT
While the DEPARTMENT undertakes to assist the APPLICANT with the project by providing grant
funds pursuant to this Grant Agreement, the project itself remains the sole responsibility of the
APPLICANT. The DEPARTMENT undertakes no responsibility to the APPLICANT, or to any third
party, other than as is expressly set out in this Grant Agreement. The responsibility for the design,
development, construction, implementation, operation and maintenance of the project, as these phases
are applicable to this project, is solely that of the APPLICANT, as is responsibility for any claim or suit
of any nature by any third party related in any way to the project.
Prior to the start of any construction activity, the APPLICANT shall ensure that all Federal, State, and
local permits and clearances are obtained, including FEMA compliance with the National Environmental
Policy Act, the National Historic Preservation Act, the Endangered Species Act, and all other
environmental laws and executive orders.
The APPLICANT shall defend, at its own cost, any and all claims or suits at law or in equity, which mF
be brought against the APPLICANT in connection with the project. The APPLICANT shall not look t
the DEPARTMENT, or to any state or federal agency, or to any of their employees or agents, for any
performance, assistance, or any payment or indemnity, including but not limited to cost of defense
and/or attorneys' fees, in connection with any claim or lawsuit brought by any third party related to any
design, development, construction, implementation, operation and/or maintenance of a project.
Pursuant to Sections 403 and 407 of the Stafford Act, 42 U.S.C. §§ 5170b & 5173, if debris removal is
authorized, the APPLICANT agrees to indemnify and hold harmless the state of Washington and the
United States of America for any claims arising from the removal of debris or wreckage for this disaster.
The APPLICANT agrees that debris removal from public and private property will not occur until the
landowner signs an unconditional authorization for the removal of debris.
A.23 HAZARDOUS SUBSTANCES
The APPLICANT shall inspect and investigate the proposed development/construction site for the
presence of hazardous substances. The APPLICANT shall fully disclose to the DEPARTMENT the
results of its inspection and investigation and all other knowledge the APPLICANT has as to the
presence of any hazardous substances at the proposed development/construction project site. The
APPLICANT will be responsible for any associated clean-up costs as a result of the inspections.
"Hazardous Substances" are defined in RCW 70.105D.020 (7).
A.24 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/HEALTH ACT
(OSHA/WISHA)
The APPLICANT represents and warrants that its work place does now or will meet all applicable
federal and state safety and health regulations that are in effect during the APPLICANT's performance
under this Grant Agreement. The APPLICANT further agrees to indemnify and hold harmless the
DEPARTMENT and its employees and agents from all liability, damages and costs of any nature
including but not limited to, costs of suits and attorneys' fees assessed against the DEPARTMENT, as
a result of the failure of the APPLICANT to so comply.
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A.25 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
If federal funds are the basis for this contract, the APPLICANT certifies that the APPLICANT is not
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participating in this contract by any federal department or agency. If requested by the
`iue DEPARTMENT, the APPLICANT shall complete and sign a Certification Regarding Debarment,
Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the APPLICANT
for this Agreement shall be incorporated into this Agreement by reference.
Further, the APPLICANT agrees not to enter into any arrangements or contracts related to this grant
with any party that is on the "General Service Administration List of Parties Excluded from Federal
Procurement or Non-procurement Programs."
A.26 SINGLE AUDIT ACT REQUIREMENTS (INCLUDING ALL AMENDMENTS)
Non-federal APPLICANTS who expend financial assistance of $500,000 or more in federal funds from
all sources, direct and indirect, are required to have a single or a program-specific audit conducted in
accordance with the Office of Management and Budget (OMB) Circular A-133-Audits of States, Local
Governments, and Non-Profit Organizations (revised June 27, 2003, effective for fiscal years ending
after December 31, 2003). Non-federal APPLICANTS that spend less than $500,000 a year in federal
awards are exempt from federal audit requirements for that year, except as noted in Circular No. A-133.
Circular A-133 available on the OMB Home Page at http://www.omb.gov and then select "Grants
Management"followed by"Circulars".
APPLICANTS required to have an audit must ensure the audit is performed in accordance with
Generally Accepted Auditing Standards (GAAS); Government Auditing Standards (the Revised Yellow
Book) developed by the Comptroller General and the OMB Compliance Supplement.
All APPLICANTS have the responsibility to obtain an audit to meet the requirements in Circular No. A-
133. State and local governments must notify the State Auditor's Office to request an audit. Private
non-profit APPLICANTS must contract with a CPA firm to perform the audit. Costs of the audit may be
an allowable grant expenditure.
The APPLICANT shall maintain records and accounts so as to facilitate the audit requirement and shall
ensure that any subrecipients also maintain auditable records.
The APPLICANT is responsible for any audit exceptions incurred by its own organization or that of its
subrecipients. Responses to any unresolved management findings and disallowed or questioned costs
shall be included with the audit report. The APPLICANT must respond to Department requests for
information or corrective action concerning audit issues within 30 days of the date of request. The
Department reserves the right to recover from the APPLICANT all disallowed costs resulting from the
audit.
Once the single audit has been completed, the APPLICANT must send a full copy of the audit to the
Department and a letter stating there were no findings or if there were findings, the letter should provide
a list of the findings. The APPLICANT must send the audit and the letter no later than nine (9) months
after the end of the APPLICANT'S fiscal year(s)to:
Accounting Manager
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
In addition to sending a copy of the audit, the APPLICANT must include a corrective action plan for any
audit findings and a copy of the management letter if one was received.
The APPLICANT shall include the above audit requirements in any subcontracts.
A.27 MONITORING
The DEPARTMENT is responsible for monitoring grant activities to assure compliance with applicable
Federal requirements and the requirements and special conditions of an approved project.
The APPLICANT agrees to:
a. Provide the DEPARTMENT with all documentation required to complete the evaluation of
eligible costs, and provide additional documentation that the DEPARTMENT or FEMA may
request as a result of any review or further evaluation of supporting financial documentation
Public Assistance Grant Agreement-12/06 Page 10 of 15 City of Renton
E07-752
and/or reports. If requested documentation is not provided, the cost may be determined to be
ineligible. The APPLICANT will assist in the preparation and writing of the Project Worksheets.
b. Cooperate with and participate in any scheduled or unscheduled monitoring or evaluation
activities conducted by the DEPARTMENT or FEMA that are pertinent to the intent of th'
contract or an approved project worksheet.
c. Provide the DEPARTMENT with all documentation required to complete the evaluation of
eligible costs, and provide additional documentation that the DEPARTMENT or FEMA may
request as a result of a monitoring visit or evaluation of supporting financial documentation
and/or reports. If requested documentation is not provided, all costs associated with the project
worksheet may be determined to be ineligible.
d. Submit a request for time extension not later than two weeks before a project's deadline.
e. Maintain records and documentation that adequately identify and directly support a project's
eligible costs to the approved project worksheet. Pro-rate or percentage costs are not eligible
for reimbursement.
f. Notify the DEPARTMENT and request and receive approval for an alternate project prior to
beginning construction. Failure to do so may jeopardize funding approval.
g. Notify the DEPARTMENT and request and receive approval for an improved project prior to
starting construction. Failure to do so may jeopardize funding approval.
h. Immediately notify the DEPARTMENT if hidden damages are discovered, a change order is
required, or the scope of work changes in an approved project.
i. Submit quarterly reports to the DEPARTMENT.
j. Comply with all funding conditions of an approved project.
k. Provide financial documentation to support requests for payments.
Submit project completion certifications as required for small, large, alternate, or improved
projects.
The DEPARTMENT agrees to:
a. Provide technical assistance during all monitoring or evaluation activities. The DEPARTMENT
will coordinate and schedule the meetings necessary to conduct and complete all monitorir
and evaluation activities.
b. Develop the APPLICANT's project worksheet(s) (PW) with FEMA and the APPLICANT's
assistance based upon the eligible damages.
c. Provide the APPLICANT with a copy of the approved project worksheet.
d. Conduct site visits during a large project's construction.
e. Regularly review the APPLICANT's financial documentation to ensure compliance with state
and federal rules, authorities, and policies.
f. Notify the APPLICANT when funding approval is received and issue payment per the process
described in Article I, #3 — Payments of the Special Terms and Conditions. Large project final
funding will include all costs determined to be eligible based upon the evaluation and review of
the APPLICANT's financial documentation.
g. Work with the APPLICANT to resolve any issues identified during the monitoring process.
h. Review and respond appropriately to the APPLICANT's requests for time extensions and
changes to an approved project.
A.28 SUBCONTRACTING
The APPLICANT shall use a competitive procurement process in the award of any contracts with
contractors or subcontractors that are entered into under the original contract award. The procurement
process followed shall be in accordance with Part 13 of 44 CFR, Uniform Administrative Requirements
for Grants and Cooperative Agreements to State and Local Governments or with OMB Circular A-110,
Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher
Education, Hospitals, and Other Nonprofit Organizations, as applicable to the APPLICANT.
All subcontracting agreements entered into pursuant to this Grant Agreement shall incorporate this
Agreement by reference.
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A.29 PUBLICITY
The APPLICANT agrees to submit to the DEPARTMENT all advertising and publicity matters relating to
this contract wherein the DEPARTMENT's name is mentioned or language used from which the
connection of the DEPARTMENT's name may, in the DEPARTMENT's judgment, be inferred or
%me implied. The APPLICANT agrees not to publish or use such advertising and publicity matters without
the prior written consent of the DEPARTMENT. The APPLICANT is free to copyright original work
developed in the course of or under the agreement. FEMA reserves a royalty-free, nonexclusive, and
irrevocable right to reproduce, publish, or otherwise use and to authorize others to use the work for
Government purposes. Publication resulting from work performed under this agreement shall include an
acknowledgement of FEMA financial support, by grant number, and a statement that the publication
does not constitute an endorsement by FEMA or reflect FEMA's views.
A.30 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 USC 12101 ET
SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part
35.
The APPLICANT must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunication.
A.31 NONASSIGNABILITY
Neither this Grant Agreement, nor any claim arising under this agreement, shall be transferred or
assigned by the APPLICANT.
A.32 DISCLOSURE
The use or disclosure by any party of any information concerning the DEPARTMENT for any purpose
not directly connected with the administration of the DEPARTMENT's or the APPLICANT's
responsibilities with respect to services provided under this contract is prohibited except by prior written
consent of the DEPARTMENT. However, the parties acknowledge that the APPLICANT and the
DEPARTMENT are subject to RCW 42.56, the state public records act.
+4033 LIMITATION OF AUTHORITY—Authorized Signature
Only the assigned Authorized Signature for the DEPARTMENT or the formally designated, by writing,
Applicant Agent shall have the express, implied, or apparent authority to alter, amend, modify, or waive
any clause or condition of this Grant Agreement. Furthermore, any alteration, amendment,
modification, or waiver of any clause or condition of this Grant Agreement is not effective or binding
unless made in writing and signed by the authorized person.
Only the designated Applicant Agent or alternate will have the signature authority to sign payment
requests, certification of project completion, time extension requests, requests for changes to project
status (including improved or alternate project status), and Statements of Documentation for large
projects.
A.34 ASSURANCES
The APPLICANT certifies that:
a. They have the legal authority to apply for federal assistance and the institutional, managerial and
financial capability (including funds sufficient to pay the non-federal and non-state shares of the
project cost) to ensure proper planning, management and completion of the project described in
approved project worksheets.
b. They will give the awarding agency, the Comptroller General of the United States and the State,
through any authorized representative, access to and the right to examine all records, books,
papers, or documents related to the award; and will establish a proper accounting system in
accordance with generally accepted accounting standards or agency directives.
c. They will not dispose of, modify the use of, or change the terms of the real property title, or other
interest in the site and facilities without permission and instructions from the awarding agency.
They will record the federal interest in the title of real property in accordance with Federal
4.""' Emergency Management Agency directives and will include a covenant in the title of real property
acquired in whole or in part with federal assistance funds to assure non-discrimination during the
useful life of the project.
Public Assistance Grant Agreement-12106 Page 12 of 15 City of Renton
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d. They will comply with the requirements of the DEPARTMENT and the Federal Emergency
Management Agency with regard to the drafting, review and approval of construction plans and
specifications, and awarding of construction contracts.
e. They will provide and maintain competent and adequate engineering supervision at constructir
sites to ensure that the completed work conforms to the approved plans and specifications and vrw„
furnish progress reports and such other information as may be required by either FEMA or the
DEPARTMENT.
f. They will establish safeguards to prohibit employees from using their positions for a purpose that
constitutes or presents the appearance of personal or organizational conflict of interest, or personal
gain.
g. They will initiate and complete the work within the applicable time frame after receipt of approval of
the awarding agency.
h. They will comply with the Intergovernmental Personnel Act of 1970 (42 USC §§4728-4763) relating
to prescribed standards for merit systems for programs funded under one of the 19 statutes or
regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel
Administration (5 CFR 900, Subpart F).
i. They will comply with all state and federal statutes relating to nondiscrimination. These include but
are not limited to: (a) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination on the basis of race, color or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended
(29 USC §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination
Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of
age; (e) the Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended; relating to
nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public
Health Service Act of 1912 (42 USC §§ 290 dd-3 and 290 ee3), as amended, relating t-
confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 196,1x/
(42 USC §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing
of housing; (i) any other nondiscrimination provisions in the specific statue(s) under which
application for federal assistance is being made; and (j) the requirements of any other
nondiscrimination statute(s) which may apply to the application. This requirement does not apply,
however, to a religious corporation, association, educational institution or society with respect to the
employment of individuals, of a particular religion to perform work connected with the carrying on by
such corporation, association, educational institution or society of its activities.
j. They will comply, or have already complied, with the requirements of Titles II and III of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (PL 91-646) which
provide for fair and equitable treatment of persons displaced or whose property is acquired as a
result of federal or federally-assisted programs. These requirements apply to all interests in real
property acquired for project purposes regardless of federal participation in purchases.
k. They will comply, as applicable, with provision of the Hatch Act (5 USC §§ 1501-1508 and 7324-
7328) which limit the political activities of employees whose principal employment activities are
funded in whole or in part with federal funds.
I. They will comply, as applicable, with the provisions of the Davis-Bacon Act (40 USC §§ 276a to
276a-7), the Copeland Act (40 USC §276c and 18 USC § 874), and the Contract Work Hours and
Safety Standards Act (40 USC §§ 327-333), regarding labor standards for federally-assisted
construction sub agreements.
m. They will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the
Flood Disaster Protection Act of 1973 (PL 93-234) which requires recipients in a special flood
hazard area to participate in the program and to purchase flood insurance if the total cost of
insurable construction and acquisition is $5,000 or more.
n. They will comply with environmental standards which may be prescribed pursuant to the following
(a) institution of environmental quality control measures under the National Executive Order (EO)
11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands
pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988;
Public Assistance Grant Agreement-12106 Page 13 of 15 City of Renton
E07-752
(e) assurance of project consistency with the approved State management program developed
under the Coastal Zone Management Act of 1972 (16 USC §§ 1451 et seq.); (f) conformity of
federal actions to state (clean Air) Implementation Plans under Section 176 (c) of the Clean Air Act
of 1955, as amended (42 USC §§ 7401 et seq.); (g) protection of underground sources of drinking
Now water under the Safe Drinking Water Act of 1974, as amended (PL 93-523); and, (h) protection of
endangered species under the Endangered Species Act of 1973, as amended ( PL 93-205).
o. They will comply with the Wild and Scenic Rivers Act of 1968 (16 USC §§ 1271 et seq.) related to
protecting components or potential components of the national wild and scenic rivers system.
p. They will assist the awarding agency in assuring compliance with Section 106 of the National
Historic Preservation Act of 1966, as amended (16 USC § 470), EO 11593 (identification and
protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16
USC §§ 469a-1 et seq.).
q. They will comply with the Lead-Based Paint Poisoning Prevention Act (42 USC §§ 4801 et seq.)
which prohibits the use of lead-based paint in construction or rehabilitation of residential structures.
r. They will cause to be performed the required financial and compliance audits in accordance with
the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local
Governments, and Non-Profit Organizations."
s. They will comply with all applicable requirements of all other federal laws, executive orders,
regulations, and policies governing this program.
t. They will certify to the best of their knowledge that the regulations implementing the New
Restrictions on Lobbying, 44 C.F.R. Part 18, are complied with. No federally appropriated funds
have been paid or will be paid by, or on behalf of, the undersigned, to any person for influencing or
attempting to influence an officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the awarding
of any federal contract, the making of any federal grant, the making of any federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement. If any funds other than
federally appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this contract,
grant, loan, or cooperative agreement, the undersigned will complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
end
Niue
Public Assistance Grant Agreement-12/06 Page 14 of 15 City of Renton
E07-752
•
Attachment#1 — Project Worksheet Sample
U.S.DEPARTMENT OF HOMELAND SECURITY 111O.M.B. No. 1660-0017
FEDERAL EMERGENCY MANAGEMENT AGENCY
PROJECT WORKSHEET Expires October 31,2008
PAPERWORK BURDEN DISCLOSURE NOTICE
Public reporting burden for this form is estimated to average 90 minutes per response. Burden means the time,effort and financial
resources expended by persons to generate, maintain, disclose, or to provide information to us. You may send comments
regarding the accuracy of the burden estimate and or any aspect of the collection, including suggestions for reducing the burden
to: Information Collections Management, U. S. Department of Homeland Security, Federal Emergency Management Agency, 500
C Street, SW, Washington, DC 20472, Paperwork Reduction Project(OMB Control Number 1660-0017). You are not required to
respond to this collection of information unless a valid OMB number appears in the upper right corner of this form. NOTE: Do not
send your completed form to this address.
DISASTER PROJECT NO. PA ID NO. DATE CATEGORY
F _ R ,
DAMAGED FACILITY WORK COMPLETE AS OF:
APPLICANT COUNTY
LOCATION LATITUDE LONGITUDE
DAMAGE DESCRIPTION AND DIMENSIONS
SCOPE OF WORK
Does the Scope of Work change the pre-disaster conditions at the site? 0 Yes 0 No
Special Considerations issues included? 0 Yes 0 No Hazard Mitigation proposal included?❑ Yes 0 No
Is there insurance coverage on this facility? 0 Yes 0 No
PROJECT COST
I CODE NARRATIVE QUANTITY/UNIT UNIT PRICE COST
T ,
/
•
/
/
/
/
/
e.
� TOTAL COST
PREPARED BY TITLE SIGNATURE
APPLICANT REP. TITLE SIGNATURE
FEMA Form 90-91,FEB 06 REPLACES ALL PREVIOUS EDITIONS.
Public Assistance Grant Agreement-12/06 Page 15 of 15 City of Renton
E07-752
,
CITY OF RENTON COUNCIL AGENDA BILL
l AI#: 6 ' C." J
SUBMITTING DATA: FOR AGENDA OF: 02/05/07
Dept/Div....Human Resources&Risk Mgmt
Staff Contact Michael Webby(x-7650) I AGENDA STATUS:
Consent X
SUBJECT: ( Public Hearing
Agreement with Healthcare Management
Administrators for purchase of claims administration
services for fiscal year 2007. Correspondence...
Ordinance
Resolution
Old Business
EXHIBITS: New Business
Administrative Services Agreement, Exhibit A Plan
Supervisor and Agent/Broker/Consultant Schedule of
Commissions and Fees. Study Session
Other
RECOMMENDED ACTION: APPROVALS:
Legal Dept X
kre Council Concur J Finance Dept
Other
FISCAL IMPACT:
Amount Budgeted...Approximately$206,200
approved in Fund 512 and Fund 522 of the 2007 Budget Transfer/Amendment....
Revenue Generated
SUMMARY OF ACTION:
The City will continue to utilize the services of Healthcare Management Administrators(HMA) and
Prescription Card Services(PCS/Caremark)to administer medical,dental and prescription claims within our
self-funded plan. The fee includes prescription services, administration of medical and dental claims,rights to
use the Regence Preferred Provider Network as well as utilization/large case management, COBRA and
HIPAA administration services. Funds for this service are included in the approved 2007 Budget. i
STAFF RECOMMENDATION:
Approve the 2007 Administrative Services Agreement and Fee Schedule for medical/dental and prescription
ka
'ms processed by Health Management Administrators and Prescription Card Services/Caremark and
authorize the Mayor and City Clerk to sign the agreement.
ADMINISTRATIVE SERVICES AGREEMENT
DATE: September 22, 2006
PARTIES: City of Renton the"Company"
0155 Grady Way
Renton, Washington 980055
Healthcare Management Administrators, Inc. "HMA"
220 120th Ave NE, Ste. D200
Bellevue, Washington 98005
Effective Date: January 1, 2007
When the Company is acting as the Plan Sponsor (as defined in ERISA) under this Agreement, it will be
referred to as the"Plan Sponsor,"and when it is acting as the Administrator (as defined in ERISA) under
this Agreement, it will be referred to as the"Plan Administrator." As Plan Sponsor, the Company is acting
in its capacity as the settlor of the Plan; and, as the Plan Administrator, it is acting in its fiduciary
capacity.
Recitals:
A. The Plan Sponsor has established a self-insured Employee Welfare Benefit Plan, as defined in
ERISA, for the purpose of providing certain benefits to its eligible employees and their
dependents (the"Plan");
B. The Plan Administrator desires to retain HMA to furnish claims processing and other ministerial
services with respect to the Plan; and
C. HMA is willing to furnish such services, based upon the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and
intending to be legally bound hereby, the Company and HMA agree as follows:
Agreement:
1. Definitions. As used in this Agreement, the following terms shall have the following meanings:
(a) "Effective Date" means the day and year set forth above, which shall be the date this
Agreement becomes effective.
(b) "ERISA"means the Employee Retirement Income Security Act of 1974, as amended.
(c) "Participants" means those employees and former employees of the Company, and their
dependents, who have met the eligibility requirements of the Plan, and have satisfied all
other conditions to participation in the Plan.
Avow
HMA,Inc.TPA Agreement for City of Renton (4034) Page 1 (11/05)
2. Relationship of Parties.
(a) HMA Acting In Ministerial Capacity. The parties acknowledge and agree that HMA is
acting solely in a ministerial capacity in performing its duties and obligations under this vviS
Agreement and shall have no discretionary authority or responsibility with respect to the
administration of the Plan. HMA shall have no power to interpret ambiguities or conflicts
that may exist in any provision of the Plan, but shall abide by the decisions of the Plan
Administrator on all questions of substance and procedure respecting the Plan. HMA
does not insure nor underwrite the liability of the Plan Sponsor under the Plan and shall
have no financial risk or liability with respect to the provision of benefits under the Plan,
except as set forth in Section 8.
(b) Plan Administrator and Named Fiduciary. The parties agree that the Company is,
and shall at all times remain, the Administrator and the Named Fiduciary (as defined in
ERISA) for purposes of ERISA. The Plan Administrator shall oversee the administration of
the Plan and be responsible for complying with all reporting and disclosure requirements
of ERISA; shall have the exclusive right to interpret the terms of the Plan and to
determine eligibility for coverage and benefits, which determination shall be conclusive
and binding on all persons; and shall have final authority with respect to approval or
disapproval of any disputed or doubtful claim.
HMA is not a fiduciary with respect to this engagement and shall not exercise any
discretionary authority or control over the management or administration of the Plan, or
the management or disposition of the Plan's assets. HMA shall limit its activities to
carrying out ministerial acts of notifying Plan Participants and making benefit payments
as required by the Plan. Any matters for which discretion is required, including, but not
limited to, decisions on claims and appeals of denied claims, shall be referred by HMA to
the Plan Administrator, and HMA shall take direction from the Plan Administrator in all
such matters. HMA shall not be responsible for advising the Plan Administrator with ,
41.1
respect to its fiduciary responsibilities under the Plan nor for making any
recommendations with respect to the investment of Plan assets. HMA may rely on all
information provided to it by the Company, as well as the Plan's other vendors. HMA
shall not be responsible for determining the existence of Plan assets.
(c) Independent Contractor Relationship. Notwithstanding anything express or implied
in this Agreement to the contrary, the parties acknowledge and agree that HMA is acting
as an independent contractor, and for all purposes shall be deemed to be an independent
contractor in performing its duties, and fulfilling its obligations, under this Agreement.
Neither HMA, nor any individual performing services on its behalf, shall be considered or
construed to be an employee of Plan Sponsor for any purpose whatsoever.
3. Administrative Services to be Provided by HMA.
(a) Administration and Claims Processing Services. HMA shall provide the
administrative and claims processing services set forth on Exhibit B, which is attached
hereto and made a part hereof, during the term of this Agreement.
(b) Other Administrative Services Available. HMA offers various other services, and
performs various other ministerial functions, for plan sponsors in connection with the
administration of employee health benefit plans. If the Plan Administrator subsequently
requests additional services from HMA, and HMA agrees to provide such services, the
parties shall describe the mutually agreed upon services in an Addendum hereto, and
include within such Addendum a mutually agreed upon fee schedule for such services.
HMA, Inc.TPA Agreement for City of Renton(4034) Page 2 (11/05)
4. Fees to HMA.
(a) Fees for Claims Processing Services. As compensation for the administration and
Nose claims processing services set forth on Exhibit B, HMA shall be paid the fees set forth on
Exhibit A, which is attached hereto and made a part hereof. Fees shall be based on the
number of Participants enrolled under the Plan on the first day of the month in which
services are being billed, and shall be due and payable in advance on the first day of the
month. Fees for any newly enrolled Participants' entering on or after the first day of the
month shall be charged retroactive to the date of enrollment and shall be payable on the
first day of the month following the date of enrollment. Any adjustments in fees for
retroactive changes in enrollment will be made on the first billing cycle immediately
following the submission of the change in writing to HMA.
(b) Fees for Other Administrative Services. If the Plan Administrator requests any other
administrative services from HMA hereunder, and HMA agrees to provide such services,
the Plan Sponsor and HMA shall mutually agree upon a fee schedule for such services
and the Plan Sponsor shall pay HMA in strict compliance with such fee schedule.
(c) Fees from Outside Vendors. HMA shall be entitled to a portion of the fees charged by
outside vendors, as set forth on Exhibit A.
(d) Fees for Negotiated Savings. In the event that HMA is able to negotiate a reduced
fee charged by a provider, HMA shall be entitled to retain a percent of the negotiated
savings as stated in the fee schedule. In the event that additional saving negotiation
services are needed, the Plan Sponsor and HMA shall mutually agree upon a fee schedule
for such services. In the event that HMA is able to negotiate additional savings with a
Preferred Provider, fees for HMA's negotiation services will only apply to the additional
savings retained.
(e) Reprocessing Fee. In the event a retroactive amendment or the Plan Sponsor's failure
to fund claims in a timely manner results in the need to reprocess claims, subject to prior
approval, the Plan Sponsor agrees to pay HMA's expenses in performing that service.
(f) Right to Change Fees. Upon approval of Plan Sponsor, HMA shall have a right to
change any fees charged to the Plan Sponsor hereunder
(i) as of the first day of any Renewal Term;
(ii) as of the effective date of any changes in applicable federal and state laws that
would expand the scope of the services that HMA has agreed to provide
hereunder.
(iii) notwithstanding the fees in effect under this Agreement, should there be a
change in any law or regulation that results in increased costs to HMA, HMA shall
increase its fees to cover such increased costs.
(iv) As a result of Plan Amendments, HMA shall have the right to change its fees
upon written notice to the Plan Sponsor in the event any amendment to the Plan
changes the amount or type of processing, services or responsibilities undertaken
by HMA, effective as of the effective date of the amendment.
If HMA elects to change any fees charged to the Plan Sponsor hereunder, HMA shall give
prior written notice of such change to the Plan Sponsor and the Plan Sponsor may, if it
does not want to retain HMA based on the new fee schedule, terminate this Agreement
Itere by sending written notice of termination to HMA.
HMA, Inc.TPA Agreement for City of Renton(4034) Page 3 (11/05)
5. Funding of Benefit Payments.
(a) Responsibility for Funding Benefits. The Plan Sponsor is responsible for funding the
payment of all benefits to Participants in accordance with the terms of the Plan, and
paying all costs and expenses incident to the administration of the Plan, including,
without limitation, all premium taxes assessed against the Plan Sponsor with respect to
benefit payments. Funding for benefits by the Plan Sponsor will occur within ten (10)
business days, commencing on the date written notification is sent by HMA, unless
otherwise agreed upon in writing. In no event shall HMA have the responsibility to
provide funding for the payment of benefits to Plan Participants, for premiums for excess
loss insurance or for expenses of the Plan.
(b) Designated Account. The Plan Sponsor shall establish, and at all times maintain in
strict compliance with all applicable federal and state laws, specifically including, without
limitation, the fiduciary bank account requirements of ERISA, a central disbursement
checking account (the "Designated Account"), and shall deposit in said Designated
Account sufficient funds to pay:
(i) all compensation and fees owing to HMA for services rendered hereunder;
(ii) all benefits owing to Participants in accordance with the terms of the Plan;
(iii) all premiums and fees owing by the Plan Sponsor to third parties for excess loss
insurance, PPO arrangements and utilization review; and
(iv) all other authorized costs and expenses incurred by HMA in performing its duties
hereunder.
6. Plan Sponsor Requirements. 441.1
(a) Duty to Provide Data to HMA. The Company, as the Plan Sponsor and the Plan
Administrator, acknowledges that the effective performance by HMA of the administrative
services outlined herein will require that the Company furnish various reports,
information, and data to HMA. The Company shall provide the following reports and
information to HMA, together with such other data as HMA may from time to time
request:
(i) Identification and verification of individuals eligible for benefits under the Plan,
kinds of benefits to which such individuals are entitled, date of eligibility and such
other information as may be necessary for processing of benefit payments;
(ii) Notification to HMA, on a monthly or more frequent basis, of all changes in
participation whether by reason of termination, change in classification, new
enrollment, or any other reason; and
(iii) The number of employees and dependents covered under the Plan, collectively
and separately classified by benefit coverage eligibility, enrollment, geographic
area, age, sex, earning level, dependent coverage classifications, and in such
other manner, as HMA shall require from time to time.
(b) Duty to Provide Materials. The Company, as the Plan Sponsor and the Plan
Administrator, shall provide directly or through HMA, all materials, documents (induding
summaries for employees), reports, and notice forms, as may be necessary or convenient
for the operation of the Plan, or to satisfy the requirements of governing law, as may be
determined or prepared from time to time by HMA. Where distribution to employees is "tuie
HMA,Inc.TPA Agreement for aty of Renton(4034) Page 4 (11/05)
required, such materials shall be furnished in sufficient quantity and shall be
appropriately distributed by the Plan Administrator.
Ni'fty' (c) Fidelity Bond. The Plan Sponsor shall provide a fidelity bond for fiduciaries and
employees as required by ERISA for the benefit of the plan.
7. Term and Termination.
(a) Initial Term. The initial term of this Agreement shall be for a period of one year,
commencing as of the Effective Date of this Agreement and terminating one year
thereafter (the "Initial Term"), unless sooner terminated in accordance with the
provisions of this Paragraph 7.
(b) Renewal. Renewal of this Agreement shall be accomplished by attaching to this
Agreement a revised Exhibit A, Schedule of Commissions and Administrative Fees, signed
by the parties to this Agreement and setting forth the term of such renewal (the
"Renewal Term"). In the event a revised Exhibit A is not signed by the parties, but the
parties continue to perform under this Agreement, then it shall be deemed to be renewed
for successive one (1)year periods until terminated.
(c) Termination by Either Party. This Agreement may be terminated by either the
Company or by HMA by written notice of intention to terminate given to the other party,
to be effective as of a certain date set forth in the written notice, which shall not be less
than ninety(90)days from the date of such notice.
Upon termination by either party, within thirty days after the date of termination, HMA
shall prepare and deliver a complete and final accounting and report as of the date of
termination of the financial status of the Plan to the Plan Sponsor, together with all books
*law and records in its possession and control pertaining to the administration of the Plan. All
daim files, enrollment materials and other papers necessary for claim payments under
the Plan shall be available to the Plan Sponsor upon the date of termination of this
Agreement. If requested, HMA will process run-out claims (daims incurred prior to the
date of termination). The charge for run-out claim processing will equal 3 months of
current administrative fees and the duration will be 12 months. At the time of the final
accounting, HMA shall deliver any funds of the Plan in its possession or control to the
Plan Sponsor on its order.
(d) Events Triggering Termination. In the event of willful misconduct or gross
negligence by a party to this Agreement, the other party may terminate this Agreement
immediately. HMA shall have the right, in its sole and absolute discretion, to terminate
this Agreement immediately if:
(i) After notice to cure, the Plan Sponsor or the Plan Administrator fails to cure a
breach of any provision of this Agreement, including but not limited to failure to
pay fees or charges owing HMA, failure to consistently fund benefit payments in
a timely manner, or failure to fund the Designated Account as specified in Section
5 above, within ten days of receipt of written notice from HMA specifying the
nature of the breach with reasonable particularity; or
(ii) The Plan Sponsor becomes insolvent, is adjudicated a bankrupt, voluntarily files
or permits the filing of a petition in bankruptcy, makes an assignment for the
benefit of creditors, or seeks any similar relief under any bankruptcy laws or
related statutes.
HMA, Inc.TPA Agreement for City of Renton(4034) Page 5 (11/05)
(e) Termination of Plan. If the Plan is terminated, for whatever reason, this Agreement
shall automatically terminate as of the effective date of such termination except as set
forth in 7.(c) if run-out processing is elected.
(f) Effect of Termination. Upon termination of this Agreement, all obligations of HMA
hereunder, specifically including, without limitation, all obligations to process claims for
benefits and disburse benefit payments, shall terminate, and all rights of the Company
shall cease, and HMA shall not be liable to the Company for any damage whatsoever
sustained or arising out of, or alleged to have arisen out of, such termination.
Notwithstanding anything express or implied herein to the contrary, the termination of
this Agreement shall not affect the right of HMA to receive and recover all fees then
owing by the Plan Sponsor to HMA hereunder or the rights of the parties under Sections
8 and 9 of this Agreement.
8. Indemnification by HMA. HMA agrees to indemnify, defend and to hold the Company
harmless from any claims, demands, liabilities, judgments, damages, expenses, and losses
incurred by the Company, including court costs and reasonable attorney's fees, to the extent such
claims, demands, liabilities, judgments, damages, expenses, or losses arise out of, or are based
upon, HMA's fraudulent, criminal or willful acts of misconduct or its reckless or negligent acts or
omissions in the performance of its duties under this Agreement.
9. Indemnification by the Company. The Company agrees to indemnify, defend and to hold
HMA harmless from any claims, demands, liabilities, judgments, damages, expenses, and losses
incurred by HMA, including court costs and reasonable attorney's fees, to the extent such claims,
demands, liabilities, judgments, damages, expenses, and losses arise out of, or are based upon,
the Company's fraudulent, criminal or willful acts of misconduct or its reckless or negligent acts or
omissions in the performance of its duties, as the Plan Sponsor or the Plan Administrator, under
this Agreement.
10. Records Access and Audit Rights. Subject to the provisions of this Paragraph 10, the Plan
Sponsor or the Plan Administrator may audit HMA's compliance with its obligations under this
Agreement and HMA shall supply the Plan Sponsor or the Plan Administrator, as appropriate, with
access to information acquired or maintained by HMA in performing services under this
Agreement. HMA shall be required to supply only such information which is in its possession and
which is reasonably necessary for the Plan Administrator to administer the Plan, provided that
such disclosure is not prohibited by law or by any third-party contracts to which HMA is a
signatory. The Plan Sponsor and the Plan Administrator hereby represent and warrant that, to
the extent any disclosed information contains Protected Health Information (as defined by the
Standards for Privacy of Individually Identifiable Health Information promulgated pursuant to the
Health Insurance Portability and Accountability Act of 1996, as amended C'HIPAA")) about a
Participant, the Plan Sponsor or the Plan Administrator has the legal authority to have access to
such information. The Plan Sponsor or the Plan Administrator shall give HMA 60 days' prior
written notice of its intent to perform such an audit and its need for such information and shall
represent to HMA that the information, which will be disclosed therein, is reasonably necessary
for the administration of the Plan. All audits and information disclosure shall occur at a
reasonable time and place and at the Plan Sponsor's sole cost and expense.
11. Overpayment or Improper Payment of Plan Benefits. If any payment is made hereunder
to an ineligible person, or if it is determined that an overpayment or improper payment has been
made to any Participant, HMA shall make reasonable efforts to recover the payment made to the
ineligible person, or the overpayment or improper payment to the Participant, but shall not be
required to initiate court proceedings for any such recovery. If HMA is unsuccessful, HMA shall
notify the Plan Administrator in order that the Plan Administrator may take such action as may be
available to it.
HMA, Inc.TPA Agreement for City of Renton (4034) Page 6 (11/05)
12. Additional Payments to Claimants. The Plan Administrator may, by written notice to HMA
signed by an executive officer of the Plan Administrator, instruct HMA to pay claims, which in
HMA's opinion are not payable under the Plan, upon the condition that such instruction expressly
N'"'' releases HMA from any liability in connection therewith. The Plan Sponsor and the Plan
Administrator hereby acknowledge that such payments will not qualify for credit toward excess or
stop loss insurance coverage, if any, and, as such, are considered "outside" the Plan, unless
agreed upon, in writing by the Plan's stop-loss carrier. The Plan Sponsor and the Plan
Administrator assume all legal requirements for such payment.
13. Cooperation in Defense of Claims. HMA and the Company shall advise each other as to
matters which come to their respective attentions involving potential legal actions or regulatory
enforcement activity which involve the Plan or are related to the activities of either party with
respect to the Plan or this Agreement and shall promptly advise each other of legal actions or
administrative proceedings which have actually commenced.
14. Notice of Third Party Administrator's Capacity. HMA shall notify all Participants in writing
of its identity and its relationship to the Plan and the Plan Sponsor in such form and manner as
approved by the Plan Sponsor.
15. Plan's Compliance with Laws. The Company, as the Plan Sponsor and the Plan Administrator,
represents and warrants that the Plan presently complies with all applicable federal, state and
local laws and regulations, specifically including, without limitation, ERISA, the Consolidated
Omnibus Budget Reconciliation Act of 1985, as amended ("COBRA"), and HIPAA, and covenants
and agrees that it will, at its sole cost and expense, take all action necessary to cause the Plan's
continued compliance with all applicable federal, state and local laws and regulations during the
term of this Agreement.
14rrr 16. Miscellaneous.
(a) Entire Agreement. This document is the entire, final and complete agreement and
understanding of the parties regarding the subject matter hereof and supersedes and
replaces all written and oral agreements and understandings heretofore made or existing
by and between the parties or their representatives with respect thereto.
(b) Severability. In the event any one or more of the terms, conditions or provisions
contained in the Agreement or any application thereof shall be declared invalid, illegal or
unenforceable in any respect by any court of competent jurisdiction, the validity, legality
or enforceability of the remaining terms, conditions or provisions of this Agreement and
any other application thereof shall not in any way be affected or impaired thereby, and
this Agreement shall be construed as if such invalid, illegal or unenforceable provisions
were not contained herein.
(c) Restriction on Assignment. Neither party shall assign or transfer any of its rights or
delegate any of its duties or obligations hereunder, directly or indirectly, without the prior
written consent of the other party; provided, however, that either party may, upon 60
days written notice to the other party, assign this Agreement in its entirety to any person
or entity, other than a direct competitor of the other party, which acquires the business
of the assigning party or with which the party merges or is consolidated or affiliated,
provided that the permitted assignee agrees in writing to be bound by the terms of this
Agreement. Any attempted assignment, transfer or delegation in violation of this
Paragraph 15(c) shall be null and void.
(d) Notices. All notices, requests, demands and other communications required or
permitted to be given or made under the Agreement shall be in writing and shall be
deemed delivered, if by personal delivery, on the date of personal delivery, if transmitted
HMA,Inc.TPA Agreement for City of Renton (4034) Page 7 (11/05)
and confirmed by electronic mail or facsimile transmission, on the date of the
transmission, if by U.S. certified or registered mail, postage prepaid, on the third business
day following the date of deposit in the United States mail, or, if by nationally recognized
overnight courier services, on the first business day following the date of delivery to such Nqiii
service, and shall be sent to the Company or HMA, as the case may be, at the address
shown on the first page of this Agreement, or to such other address, person or entity as
either party shall designate by notice to the other in accordance herewith.
(e) Binding Effect. This Agreement shall be binding upon, inure to the benefit of, and be
enforceable by, the parties hereto and their respective successors and permitted assigns.
(f) No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is
intended to confer on any person, other than the parties hereto, any right or remedy of
any nature whatsoever, and nothing in this Agreement shall create, or be deemed to
create, any rights, obligations or legal relationship between HMA and any Participant in
the Plan.
(g) Force Majeure. The parties will make their best effort to deliver services at the time
specified herein. However, neither party shall have an obligation or liability whatsoever
arising out of, or in connection with, any delay or failure to perform any of its duties or
obligations under this Agreement, or any loss or damage incurred as a result thereof, if
such delay or failure is caused, in whole or in part, either directly or indirectly, by act of
God, fire, war, riot, civil insurrection, accident, embargo, governmental priority, failure of
third parties to perform, criminal act (unless committed by someone in the employ of the
offending party), strikes or other labor dispute, decree or order of any court or
government, or any other occurrence, act, cause or thing beyond the control of the
parties, whether related or unrelated or similar or dissimilar to any of the foregoing,
which prevents, hinders or makes fulfillment of this Agreement impractical, any of which
shall, without liability, excuse either party from performance of this Agreement. .,
(h) Authorization. The Company represents and warrants to HMA that:
(i) it is a corporation duly organized, validly existing and in good standing under the
laws of the state in which it is organized;
(ii) the execution, delivery and performance of this Agreement has been duly
authorized by all requisite action of the Company's Board of Directors; and
(iii) this Agreement constitutes a valid and binding contact of the Company in
accordance with its terms.
(i) Attorneys' Fees. In the event of litigation with respect to this Agreement, the
prevailing party shall be entitled to recover reasonable costs and attorneys'fees incurred
in connection with such litigation.
(j) Waiver. No waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any waiver
constitute a continuing waiver. No waiver shall be binding unless executed in writing by
the party making the waiver.
(k) Amendment. No supplement, modification or amendment of this Agreement shall be
binding, unless the same is in writing and signed by duly authorized representatives of
both parties.
(I) Governing Law. This Agreement shall be deemed to have been executed and entered Nod
into in Bellevue, Washington and shall be governed, construed, performed and enforced
HMA, Inc.TPA Agreement for City of Renton (4034) Page 8 (11/05)
in accordance with the laws of the State of Washington, without regard to its conflict of
law principles. In the event of litigation with respect to this Agreement or the obligations
of the parties hereunder, the parties hereto expressly consent to the jurisdiction of King
Now County, Washington and the U.S. District Court for the Western District of Washington.
(m) Headings. The headings used in this Agreement are solely for convenience of
reference, are not part of this Agreement, and are not to be considered in construing or
interpreting this Agreement.
(n) Counterparts. This Agreement may be executed in one or more counterparts, each of
which shall be deemed an original, and all of which together shall constitute one and the
same instruments.
(o) Systems Property of HMA. To perform its duties hereunder, HMA shall use certain
computer systems (including, but not limited to, software) and other systems and
property. Such systems and property are proprietary and the exclusive and confidential
property of HMA. The hiring of HMA to provide services under this Agreement gives
neither the Company nor the Plan any right to such systems, or to the inspection thereof.
HMA reserves the right to change its systems and other technology at any time and from
time to time, without notice or obligation to the Company or the Plan. Confidential
system property of HMA is not accessible to the Plan Sponsor or Plan Administrator
except as provided in Section 10 of this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly
authorized representatives on the respective dates set forth below, effective as of the day and
year first above written.
Plan Sponsor: HMA:
City of Renton Healthcare Management Administrators, Inc.
By: By:
Name: Kathy Keolker Name: Clay Ellis
Title: Mayor Title: Sr. Vice President, COO
Date: Date:
Nifty-
HMA, Inc.TPA Agreement for City of Renton(4034) Page 9 (11/05)
EXHIBIT A
PLAN SUPERVISOR AND AGENT/BROKER/CONSULTANT
SCHEDULE OF COMMISSIONS AND FEES
Administrative Fees:
(Some fees are split, with partial retention by HMA and disbursement to other vendors noted.)
Effective 1/1/2007 to 12/31/2007 administrative fees shall be:*
$ 14.50 PEPM for administration of Medical / Vision claims (includes HIPAA
Certificates Creditable Coverage)
$ 4.40 PEPM for administration of Dental claims
$ 3.00 PEPM for administration of the Medical Management Program
$ 1.25 Per Participant for administration of COBRA
$ 5.50 PEPM for administration of the HMA Preferred Provider Network Program
($1.50 retained by HMA, $4.00 to Regence)
$ 0.85 PEPM for administration of Total Health Management Care Line (only for
self-funded medical plan; does not apply to Group Health Cooperative
enrollees)
$ 1.25 PEPM for administration of Prescription claims `
$ 0.25 Caremark Per Claim fee
$2,666.67 Per Month for Agent/Broker/Consultant Monthly Service Fees
If applicable, the administration of the Formulary Rebate program will be conducted by HMA on a
quarterly basis. 100% of any formulary rebate received by HMA shall be passed on to the Company.
$ 1.00 ID Card Production —total re-carding of GHP— per employee fee
35% Claims Audit / Negotiated Savings retained by HMA, as outlined in
Section 4 (d).
Summary Plan Description — Subseauent SPD production:
$1 000 First Document
250 Additional Document(s) (per document)
125 Amendment only
500 Amendment and incorporation into current Summary Plan Description
Cost + 20% Coordination of SPD printing services
HMA,Inc.TPA Agreement for City of Renton (4034) Page 10 (11/os)
Accept Decline
0 0 $ 0.50 PEPM for consolidated billing of other insurance coverage
Annual Fee.
The Plan Sponsor shall pay an annual fee of $ 0 for services to the Plan, including accumulation and
1099 reporting of Plan payments, filing of insurance claims with the Plan Sponsor's excess loss insurer,
recording benefits and changes in automated benefit system, billing and remitting premium to insurance
carriers for coverage in connection with the Plan and providing information for reporting on IRS Form
5500 (as to which the Plan Sponsor acknowledges and agrees that HMA will provide only the information
available to HMA relating to Plan participants during the term of this Agreement, and that the Plan
Sponsor is responsible for combining that information with data from other payers).
Commissions:
Commissions Payable on Excess Loss Insurance Premium:
0% HMA 0% Broker
Additional Information Concerning Our Fees:
HMA, Inc. works with, and is appointed by, many excess loss carriers. Our administrative charges are
unaffected by the carrier with whom you elect to purchase excess loss coverage. HMA also participates in
excess loss carrier override programs with a few of the carriers. These programs provide professional
benefit administrators, and brokers and consultants to group health plans, with reimbursements for
retention, volume, growth, profitability or other factors pursuant to agreements in force with that carrier
relating to all or part of the business. This will vary from carrier to carrier, and will not affect the carrier
choices made available to you. Additionally, any reimbursements retained by Healthcare Management
,,, Administrators, Inc. are used to cover expenses associated with administering the group health plans with
that carrier.
There is no way for HMA to project what reimbursements, if any, it will receive during any given plan
year; however, they typically range from 0%to 5%.
We will be pleased to discuss with you further details of any contingent compensation agreements
pertinent to your placement upon your request.
The aforementioned fees and commissions shall remain in effect beyond the above-stated term until
changed by mutual agreement of the parties.
*Rate guarantee for contracted time period applies only to services performed by HMA. Fees
for outside vendors are subject to change at any time.
Nr.r
HMA,Inc.TPA Agreement for City of Renton(4034) Page 11 (11/05)
•
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized
representatives on the respective dates set forth below, effective as of the day and year first above
written.
R. L. Evans Company Inc.
By:
Name: Douglas L. Evans
Title: Broker
Date:
City of Renton Healthcare Management Administrators, Inc.
By: By:
Name: Kathy Keolker Name: Clay Ellis
Title: Mayor Title: Sr. Vice President, COO
Date: Date:
4401
HMA,Inc.TPA Agreement for City of Renton (4034) Page 12 (ii/os)
EXHIBIT B
SERVICES PROVIDED BY HMA
1. HMA, within the scope of its duties under this Agreement, shall provide services for and shall
assist the Plan Administrator in the administration of the Plan pursuant to the terms and
conditions of the Plan as requested and authorized from time to time. Upon request, HMA shall
prepare a Summary Plan Description (SPD) setting forth the benefits and rights of the Plan
Participants. Final review and approval of the SPD will be the responsibility of the Plan Sponsor.
An additional fee will be charged for the production of an SPD coinciding with the renewal of the
Plan.
2. Prepare and assist the Plan Administrator in distributing benefit booklets to the Plan Participants.
Initial booklet supply is not included as a part of the Plan set-up fee. Subsequent supplies are
also at the Plan Sponsor's cost.
3. Assist the Plan Administrator in communicating to Participants any and all subsequent changes to
the Plan.
4. Subject to the provisions of Section 2 of this Agreement, HMA agrees to provide the following
claims processing and payment services, including, but not limited to:
(a) Answer all telephone inquiries from employees of Plan Sponsor regarding eligibility and
coverage under the Plan, and respond to requests for forms and status inquiries on filed
claims and benefit payments. HMA will provide adequate customer service
representatives between the hours of 8:00 a.m. to 5:00 p.m. PST, Monday thru Thursday
and 9:00 a.m. to 5:00 p.m. PST on Friday's, during non-holiday workweeks.
(b) Receive and process claims for payment of covered benefits for Plan Participants in
`""" accordance with the provisions of the Plan, for claims incurred on and after the Effective
Date of this Agreement.
(c) Communicate with Plan Participants and health care providers as necessary to obtain any
additional information deemed necessary to expedite the processing of claims for benefits
under the Plan.
(d) Request and obtain from the Plan Administrator, as necessary, interpretations with
respect to the provisions of the Plan and all questions of substance and procedure
relating thereto.
(e) Issue and distribute claims checks to Participants, from funds provided by the Plan
Sponsor, and provide appropriate Explanation of Benefit forms ("EOB's") to Plan
Participants and health care providers, as applicable, in connection therewith.
(f) Provide written notice to a Plan Participant of any denial of a claim, in whole or in part,
which includes the specific reason(s) for such denial and the opportunity for review of the
denial.
(g) Provide the Plan Sponsor forms for use by Plan Participants in submitting claims to HMA.
(h) Provide for the coordination of benefits, subrogation collection activities, and collection of
overpayments or improper payments made to any Participants, as reasonably possible.
In the event that additional recovery services are needed, HMA, subject to the approval
of the Plan Sponsor, shall arrange for the purchase of such recovery services. Any fees
charged to HMA for recovery services will be passed on to the Company for payment.
HMA, Inc.TPA Agreement for City of Renton (4034) Page 13 (11/05)
(i) Screen claims to avoid duplicate payments and maintain procedures that will assure
consistency in claims payments in accordance with the Plan.
(j) Prepare such reports concerning Plan Participants' benefits as the Plan Sponsor, the Plan *000
Administrator and HMA may hereafter agree upon.
(k) If a fee is stated and accepted on the "Schedule of Fees" page for:
(i) "COBRA administration," HMA will notify Participants of COBRA continuation
coverage rights upon the occurrence of a qualifying event, as required by
COBRA, as well as responsibility for calculation and collection of premiums for
continuation coverage. All notices shall be made by U.S. First Class Mail to the
individual's last known address. Plan Participants will be instructed on
procedures for COBRA premium remittance. Upon receipt, HMA will update the
Plan Sponsor's COBRA records;
(ii) "HIPAA pre-existing conditions compliance administration," HMA will
reprogram the system to administer and document compliance activity and
accommodate changes in pre-existing condition periods; receive incoming
Certificates of Creditable Coverage; calculate the pre-existing condition period, in
days, based upon creditable coverage; communicate balance, in days, of any
remaining pre-existing condition period to new Plan Participants; mail the"Notice
to Individual of Period of Pre-existing Condition Exclusion;" report compliance
activity to clients, excess loss carriers, and/or U.S. Department of Labor upon
request; and assist in the investigation and determination by the Plan
Administrator of disputed calculation of pre-existing period;
(iii) "HIPAA certificates of creditable coverage administration," HMA will mail
certificates to the last recorded address of a Plan Participant within 14 days of
notification of termination from the Plan, or, upon request, for up to 24 months
after termination;
(iv) "Administration of the Utilization Management Program," HMA will
provide pre--authorization services in compliance with the Plan, screen claims for
medical necessity and assist in making pre-existing condition determinations;
(v) "Administration of Large Case Management," HMA will screen catastrophic
and potentially high-dollar claims, assign length of stay and monitor admissions,
promote appropriate patient care and optimize benefits usage.
(vi) Claims Processing — Run-in Claims. Run-in Claims Processed Prior to
Completion of Documents. (Check here if this service is desired.)The
Plan Administrator desires that HMA begin performance under this Agreement,
including, but not limited to, processing claims for benefits in accordance with
Exhibit B, prior to completion and execution of the SPD. HMA agrees to do so,
and such claims shall be processed in accordance with the Plan Sponsor's prior
health plan, or instructions given by the Plan Sponsor to HMA as to the benefits
to be offered under the Plan, as determined by the Plan Sponsor.
The Plan Sponsor hereby acknowledges that any claims which require
reprocessing as a result of changes between the prior health plan or the Plan
Sponsor's instructions and the executed SPD will be subject to an additional
reprocessing fee at HMA's discretion. The Plan Sponsor further acknowledges
that claims which are paid pursuant to the prior health plan or the Plan Sponsor's
instructions may be determined to be ineligible for reimbursement pursuant to ` '
any excess loss policy.
HMA, Inc.TPA Agreement for City of Renton(4034) Page 14 (11/05)
6. HMA shall coordinate approval of claims under the Plan and arrange for the payment thereof from
funds available to the Plan either by issuing a check or draft upon the Plan bank account, if such
account is provided for this purpose, or by written order and authorization delivered to the Plan
4010" Administrator or other person authorized to issue such check or draft in payment of claims. HMA
shall honor any assignment of benefits of a person eligible for benefits under Plan to any person
or institution, which is a proper and qualified assignee under the terms of the Plan.
7. HMA shall pay from the Plan bank account, if provided, or shall issue an order to the Plan
Administrator or other person with authority to disburse funds of the Plan to pay, all of the
expenses of operation of the Plan incurred pursuant to the performance of this Agreement
(excluding Plan administration fees unless specifically authorized).
8. HMA, subject to the direction by, and approval of, the Plan Sponsor, shall arrange for the
purchase of policies of insurance to provide any of the benefits provided for in this Agreement,
the Plan, or the Trust (if any). The Plan Sponsor shall pay all premiums for policies of stop-loss
or individual and aggregate excess risk or similar type of insurance.
9. HMA, where applicable, shall furnish the "Schedule C" information necessary for the preparation
of IRS Form 5500. HMA shall not be required to assist the Plan Sponsor or the Plan
Administrator in the preparation or filing of any report, returns, tax returns, or similar papers
required by any local political subdivision, state or the Federal government pertaining to the
operation or management of the Plan. If necessary, professional fees for preparing government
required forms and/or auditing of the Plan shall be the responsibility of the Plan Sponsor.
10. HMA shall render monthly reports to the Plan Sponsor which shall include the following:
(a) Receipts of the Plan other than deposits made by the Plan Sponsor from its own funds or
from collections from employees;
Naar
(b) Disbursements, by category, made from the Plan;
(c) A statement of the fees due HMA.
11. HMA shall maintain and pay the cost of a fidelity bond in the amount of not less than One
Hundred Thousand Dollars ($100,000.00) and an errors and omissions insurance policy in the
amount of not less than One Million Dollars ($1,000,000.00) covering HMA and any of its agents
or employees who may collect, disburse, or otherwise handle disbursements or payments on
behalf of the Plan.
12. HMA shall maintain all records relating to the investigation, processing, and payment of all claims
for benefits for a period of not less than six (6) years from the date of the daim for benefits.
Upon termination of this Agreement, these records may be transferred to the Plan Sponsor or
other person or entity, at the Plan Sponsor's request.
13. The Plan Sponsor, the Plan Administrator or their agents or representatives may examine any
records maintained by HMA regarding claims for benefit payments, benefits paid and the issuing
of checks for payment of benefits under the Plan.
14. HMA shall maintain books of account and supporting documents according to generally accepted
accounting principles as promulgated by the Financial Accounting Standards Board. HMA agrees
that the Plan Sponsor, the Plan Administrator or their agents or representatives may inspect and
audit its daims records relevant to the Plan at any time upon giving to HMA sixty (60) days' prior
written notice of its desire to do so. Audits may be conducted by the Plan Sponsor's or Plan
Administrator's audit staff or by an independent contractor employed at the Plan Sponsor's
expense, which may be either a certified public accountant or otherwise professional qualified to
perform such auditing services.
HMA, Inc.TPA Agreement for City of Renton(4034) Page 15 (11/05)
'r
CITY OF RENTON COUNCIL AGENDA BILL
1m#: � n A ,•
SUBMITTING DATA: 1 FOR AGENDA OF: February 5,2007
Dept/Div/Board. Human Resources&Risk Management
Staff Contact Michael Webby(x—7650) AGENDA STATUS:
Consent X
SUBJECT: Public Hearing
Reclassifications effective January 2006,January 2007 Correspondence...
for Finance&IS, Community Services,PB/PW, Fire Ordinance
&Police Depts. Resolution
Old Business
New Business
EXHIBITS: Study Session ..
Issue Paper, Listing of Positions, Fiscal Costs, Other
Job Classifications: Lead Payroll Analyst, Museum
Manager, Management Analyst, Community
Relations&Events Coordinator, Facilities Technician II
& Police Domestic Violence Victim Advocate
RECOMMENDED ACTION: APPROVALS:
Refer to Finance Committee Legal Dept X..
Finance Dept.....X
Other
FISCAL IMPACT:
Expenditure Required $2,628 for 2006 and
$31,980 for 2007 Transfer/Amendment....
Amount Budgeted $34,608. Revenue Generated
SUMMARY OF ACTION: Salary Adjustment and Title Changes for the following classifications:
Current Title Current New Budget Change
Grade Grade 2007
Payroll Analyst(New Position Lead Payroll Analyst)Move to n11 n13 $2,616.
a13 after incumbent retires (Patricia Shimmel)
Museum Supervisor(New Title Museum Manager) n12 m22 $5,484
Community Relations Specialist(New Title Community Relations n15 m22 $4,668
& Events Coordinator,this position becomes FLSA exempt)
Grounds Equipment Mechanic a13 al5 $2,736
Vehicle&Equipment Mechanic I(3 incumbents) al3 a15 $8,208
Lead Vehicle&Equipment Mechanic(2 incumbents) a17 a19 $6,048
Secretary I(Transportation Division)(New Position Secretary II) a05 a07 $2,220
The above changes, if approved,will be effective January 1,2007.
Current Title Current New Budget Change
Grade Grade 2006
mestic Violence Victim Advocate pn60 pn61 $2,628
The above change,if approved,will be effective Januaryl, 2006. This reclassification will not require
additional budget appropriations.
STAFF RECOMMENDATION:
Approve the Finance and Information Services, Community Services, P/B/PW and Police Departments title
changes and salary adjustments for current employees. Funds to implement this recommendation for the
Finance and Information Services, Community Services, P/B/PW and Police Departments are contained within
',41.rthe respective departmental budgets, which will cover the additional costs of these reclassifications and salary
adjustments in 2007.
•
`0. OHUMAN RESOURCES & RISK
O� �
�� ♦ MANAGEMENT DEPARTMENT void
•
�'�N�O� MEMORANDUM
DATE: January 19, 2007
TO: Toni Nelson, Council President
Members of the Renton City Council
VIA: Kathy Keolker, Mayor
FROM: -"Ki Michael Webby, HR& RM Administrator
STAFF CONTACT: Eileen Flott
SUBJECT: 2006 and 2007 Reclassification Adjustments
The purpose of this document is to provide an executive summary of the review process
of certain positions. If approved, the recommended salary adjustments contained in this
report would be effective on January 1, 2006 and January 1, 2007. The salary analysis
affects positions in the Finance & Information Services; Community Services;
Planning/Building/Public Works; Fire, and Police Departments.
We processed fourteen reviews during this period. We are recommending one for salary '.41001
adjustment effective for January 2006, creating one new position and recommending
seven for salary adjustments effective for January 2007.
The result of this review process, if approved, will provide salary adjustments for ten
employees. Salary adjustments are based upon the labor market and internal equity. The
cost of implementation during FY 2006 is approximately$2,628 and for FY 2007 is
approximately$31,980, excluding salary related benefits. The departments are not
requesting additional funding for FY 2006 or FY 2007.
Recommendation by Department
FINANCE & INFORMATION SERVICES
Payroll Analyst(Non-Represented, grade n11): The incumbent has been performing the
duties at a lead level. Duties include the responsibility for answering questions, finding
solutions to payroll problems, auditing payroll input, and training. We recommend the
position be reclassified to a new position of Lead Payroll Analyst, grade n13, effective
January 1, 2007, and once the incumbent(Patricia Shimmel)retires the position will
become a Union position and move to grade a13.
i:\files\reclass\council\2007 issue paper re_class.doc
•
Michael Webby
Page 2 of 3
1/23/2007
'fir
COMMUNITY SERVICES
Museum Supervisor(Non-Represented, grade n12): The duties and responsibilities
have changed from assisting and maintaining to developing and controlling. The position
no longer reports to the Library Director, but reports directly to the Community Services
Administrator. Our recommendation to reclassify this position is based upon internal
equity analysis. We recommend the position be increased to grade m22 effective January
1, 2007 and change the title to Museum Manager.
Facilities Technician II(Local 2170, grade al5): The duties and responsibilities have
not changed significantly. Our salary survey supports the salary of this position remain at
grade a15.
Community Relations Specialist(Non-Represented, grade n15). The duties and
responsibilities have changed from assisting and maintaining to developing and
controlling. The position no longer reports to a Manager, but reports directly to the
Community Services Administrator. Our recommendation to reclassify this position is
based upon internal equity. We recommend the position be increased to grade m22
effective January 1, 2007 and change the title to Community Relations&Events
Coordinator and change the FLSA status to Exempt.
Grounds Equipment Mechanic(Local 2170, grade a13): This position is responsible
for performing technical vehicle mechanical work similar to vehicle mechanics in
Equipment Rental. We recommend the position's salary range be moved to al5 to
maintain parity with public works mechanics.
PLANNINGBUILDING/PUBLIC WORKS
Vehicle & Equipment Mechanic I (Local 2170, grade a13): The duties and
responsibilities have not changed significantly. Our recommendation to reclassify this
position is based upon labor market analysis. We recommend the position be increased
to grade a15 effective January 1, 2007.
Lead Vehicle& Equipment Mechanic(Local 2170, grade a17): The duties and
responsibilities have not changed significantly. Our recommendation to reclassify this
position is based upon internal equity with the Vehicle & Equipment Mechanic. We
recommend the position be increased to grade a19, effective January 1, 2007
Secretary II (Airport)(Local 2170, grade a07): The duties and responsibilities have not
changed significantly. Our salary survey supports the salary of this position remain at
grade a07.
i:\files\reclass\council\2007 issue paper re_class.doc
Michael Webby
Page 3 of 3
1/23/2007
Secretary I (Local 2170, grade a05): The duties and responsibilities have changed. The
incumbent maintains complex and comprehensive records and files. This position should
be increased to a Secretary II grade a07 effective January 1, 2007.
Principal Financial& Administrative Analyst(Non-Represented, grade m24): The
duties and responsibilities have not changed significantly. Our salary survey supports
the salary of this position remain at grade m24 effective January 1, 2007 and change the
title to Management Analyst.
FIRE
Fire Inspector III (Local 2170, grade a21): There are three inspectors in the Fire
Prevention Bureau; in 2006 one of those positions was upgraded to a Lead position. The
Fire Department is currently in the process of preparing to conduct a selection process for
Lead worker. Therefore, it is our recommendation no action be taken.
POLICE
Domestic Violence Victim Advocate(Police Non-Commissioned, grade pn60): This
position was submitted for a re-class effective January 1, 2006. Human Resources
originally denied this re-class, however, with the change in management in the Police
Department,the process of an appeal was delayed. The new Police Administrator
requested Human Resources re-evaluate the position and it's current salary. It was
determined the duties and responsibilities have not changed significantly. However, on
,4409
review we realized that even though the general nature of the position's
duties/responsibilities has not changed the overall degree of involvement has increased.
Labor market comparisons did not produce matches for our position. Therefore, in
reviewing internal equity within the department we recommend the position be increased
to grade pn61 effective January 1, 2006.
Jailer& Jail Sergeant(Police Non-Commissioned, grade pn52 &pn59). The duties and
responsibilities have not changed significantly. External data justify these positions
should remain at grade pn52&pn59.
i:\files\reclass\council\2007 issue paper re_class.doc
2007 REORGANIZATIONS/RECLASSIFICATIONS
January 2007
__ FROM TO
Domestic Violence Victim Advocate(Tina Domestic Violence Victim Advocate(Gr. pn61
Harris) (Gr.pn60) effective January 1,2006)
January 2007
Payroll Analyst(Patricia Shimmel) (Gr. n13) Lead Payroll Analyst(Gr. n13)
Museum Supervisor(Elizabeth Stewart) (Gr. n12) Museum Manager(Gr. m22)
Facilities Technician II(Vacant) (Gr.a15) Facilities Technician II(No Change)
Ground Equipment Mechanic (David Van Ground Equipment Mechanic(Gr. a15)
Santford)(Gr. a13)
Vehicle&Equipment Mechanic I(Tom Guesman, Vehicle&Equipment Mechanic I(Gr. a15)
Michael Peterson&Dean Stewart) (Gr. al3)
Lead Vehicle&Equipment Mechanic(Tim Lead Vehicle&Equipment Mechanic(Gr. a19)
Harrington, Glenn Popelka) (Gr. al 7)
Secretary II(Airport)(Susan Heir-Campbell, & Secretary II(Airport) (No Change)
Carolyn Currie)(Gr. a07)
Secretary I(Jennifer Jorgenson) (Gr. a03) Secretary II (Gr. a07)
Principal Financial &Administrative Analyst Management Analyst(No Salary Change)
(Nenita Ching)(Gr. m24)
Fire Inspector III(Charles Andrews) (Gr. a21) Fire Inspector III(No Change)
Community Relations Specialist(Sonja Community Relations & Events Coordinator
Mejlaender)(Gr. n15 (Gr. m22)
Now, Jailer(David Burdulis, Christopher Dement, Jailer(No Change)
Alford Ervin, Sean Gannon, Richard Grub,John
Moses, Guy Nelson, Reobert Reed, Pedro Santos,
Frederick Thomas, Tom Wilkinson) (Gr.pn52)
Jail Sergeant(John DiCroce, Ken McMullen)(Gr. Jail Sergeant(No Change)
pn59)
12/11/2006 1
JANUARY 2007
GRAND TOTAL RECLASSIFICATION ADDITIONAL
COSTS
DEPARTMENT TOTALS 2007 Base Salary Totals
FINANCE/INFORMATION SERVICES $ 2,616.00
COMMUNITY SERVICES $ 12,888.00
PLANNING/BUILDING/PUBLIC WORKS $ 16,476.00
FIRE
POLICE $ -
TOTALS $ 31,980.00 •
DEPARTMENT TOTALS 2006 Base Salary Total
POLICE $ 2,628.00
12/1112006
M+re,o .e .iam�arv.xls GR_TOTALS Page 1
JANUARY 2007
RECLASSIFICATION ADDITIONAL COSTS
FINANCE INFORMATION SERVICES DEPARTMENT
2007
Additional
EMPLOYEE CURRENT POSITION Jan-Dec 07 Jan-Dec 07 Cost NOTES NEW POSITION&GRADE
Before Re-class After Re-Class
Patricia Shimmel Payroll Anal st $ 51,756.00 $ 54,372.00 $ 2,616.00 Lead Pa roll Analyst grade n13/E
mioj
FINANCE GRAND TOTAL $ 51,756.00 $ 54,372.00 $ 2,616.00
Page 2 12/11/2006
2007 Reclass January.xls Finance
•
JANUARY 2007
RECLASSIFICATION ADDITIONAL COSTS
COMMUNITY SERVICES DEPARTMENT
2007
Additional
EMPLOYEE CURRENT POSITION Jan-Dec 07 Jan-Dec 07 Cost NOTES NEW POSITION&GRADE
Before Re-class After Re-Class
Elizabeth Stewart Museum Supervisor $ 50,520.00 $ 56,004.00 $ 5,484.00 Museum Manager grade m22
Sonja Mejlaender Community Relations Specialist $ 57,132.00 $ 61,800.00 $ 4,668.00 Community Relation&Events Coordinator m22
TOTAL ADMINISTRATION $ 107,652.00 $ 117,804.00 10,152.00
Vacant Facilities Technician II $ - $ - $ • No change keep grade a15
TOTAL FACILITIES $ • $ • $ -
David Van Santford Ground Equipment Mechanic $ 53,880.00 $ 56,616.00 $ 2,736.00
TOTAL GOLF COURSE $ 53,880.00 $ 56,616.00 $ 2,736.00
TOTAL COMMUNITY SERVICES $ 161,532.00 $ 174,420.00 $ 12,888.00
Pang
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owleee 'emery AO rmfv avr_t
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JANUARY 2007
RECLASSIFICATION ADDITIONAL COSTS
PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT
2007
Additional
EMPLOYEE CURRENT POSITION Jan-Dec 07 Jan-Dec 07 Cost NOTES NEW POSITION&GRADE
Before Re-class After Re-Class
Tom Guesman Vehicle&Equipment Mechanic $ 53,880.00 $ 56,616.00 $ 2,736.00 _ Move to grade a15/E
Michael Peterson Vehicle&Equipment Mechanic $ 53,880.00 $ 56,616.00 $ 2,736.00 Move to grade a15/E
Dean Stewart Vehicle&Equipment Mechanic $ 53,880.00 $ 56,616.00 $ 2,736.00 Move to grade a15/E
Glenn Popelke Lead Vehicle&Equipment Mechanic $ 59,460.00 $ 62,484.00 $ 3,024.00 Move to grade a19/E
Tim Harrington Lead Vehide&Equipment Mechanic $ 59,460.00 $ 62,484.00 $ 3,024.00 Move to grade al 9/E
MAINTENANCE GRAND TOT i $ 280,560.00 $ 294,816.00 $14,256.00
Susan Heir-Campbell Airport Secretary II $ 23,214.00 $ 23,214.00 $ -
Carolyn Currie Airport Secretary II $ 22,104.00 $ 22,104.00 $ -
Jennifer Jorgenson Secretary I $ 44,208.00 $ 46,428.00 $ 2,220.00 Change to Secretary II,grade a07/E
TRANSPORTATION GRAND TOTAL $ 89,526.00 $ 91,746.00 $ 2,220.00
Nenita Ching Principal Financial&Administrative Analyst $ 53,748.00 $ 53,748.00 $ Title Change to Management Analyst No grade change
ADMINISTRATION GRAND T $ 53,748.00 $ 53,748.00 $ •
PLANBLDG/PBLC WORKS GRAND TOTAL $ 423,834.00 $ 440,310.00 $16,476.00
Page 4 12/11/2006
2007 Redass Januaryxls pbpw
JANUARY 2007
RECLASSIFICATION ADDITIONAL COSTS
FIRE DEPARTMENT
2007
Additional
EMPLOYEE CURRENT POSITION Jan-Dec 07 Jan-Dec 07 Costs NOTES NEW POSITION&GRADE
Before Re-class After Re-Class
Charles Andrews Fire Inspector Ill $ 65,652.00 $ 65,652.00 $ - No Change
Fire Prevention Total $ 65,652.00 $ 65,652.00 $ •
FIRE GRAND TOTAL $ 65,652.00 $ 65,652.00 $ -
2007 .ss_January.xls Fire ge 5 12/11/2006
( ( (
JANUARY 2006
RECLASSIFICATION ADDITIONAL COSTS
POLICE DEPARTMENT
2006 Additional
EMPLOYEE CURRENT POSITION Jan-Dec 06 ,Jan-Dec 06 Cost NOTES _NEW POSITION&GRADE
Before Re-class_After Re-Class
Tina Harris Domestic Violence Victim Advocate $ 53,688.00 $ 56,316.00 $ 2,628.00 Upgrade to grade pn61
'2006 TOTALs $ 53,688.00 $ 56,316.00 $ 2,628.00
2007 Additional
EMPLOYEE CURRENT POSITION Jan-Dec 07 Jan-Dec 07 Cost
John DiCroce 'Jail Sergeant ' $ 62,340.00 $ 62,340.00 ' $ -
Ken McMullen Jail Sergeant $ 62,340.00 $ 62,340.00 $ -
David Burdulis Jailer $ 54,204.00 $ 54,204.00 $ -
Christopher Dement Jailer $ 54,204.00 $ 54,204.00 $ -
Alford Ervin Jailer $ 54,204.00 $ 54,204.00 $ -
John Moses Jailer $ 54,204.00 $ 54,204.00 $ -
Tom Wilkinson Jailer $ 54,204.00 $ 54,204.00 $ -
Robert Reed Jailer $ 54,204.00 $ 54,204.00 $ - _
Sean Gannon Jailer $ 54,204.00 $ 54,204.00 $ -
Richard Grub Jailer $ 54,204.00 $ 54,204.00 $ -
Guy Nelson Jailer $ 54,204.00 $ 54,204.00 $ _ -
Pedro Santos Jailer $ 42,684.00 $ 42,684.00 $ -
Frederick Thomas Jailer $ 51,636.00 $ 51,636.00 $ -
POLICE GRAND TOTAL $ 706,836.00 $ 706,836.00 $ -
2007 Redals Januery.xls Police Page 6 12/11/2006
CITY OF RENTON
CLASS TITLE: LEAD PAYROLL ANALYST (AC 6264)
BASIC FUNCTION:
Under the direction of an assigned supervisor, perform complex and responsible
accounting duties involving receiving, reviewing, processing payroll and entering into a
computer system a variety of documents, deposits, and payments for financial
transactions. Train, organize, assign and review the work of assigned personnel; assure
work projects are completed provide technical guidance to other finance personnel.
REPRESENTATIVE DUTIES:
*Perform lead duties by training and providing technical expertise concerning
payroll issues, procedures and regulations and laws and additionally provide
solutions to problems in payroll that arise on a day-to-day basis.
*Assist in selecting new payroll personnel; train new employees and provide input
regarding work performance and progress as requested.
*Audit information entered into the payroll system as well as information provided
by other Payroll Analyst(s)to customers to ensure City Policy, Labor Agreements as
well as Federal and State laws are followed.
*Analyze, compute,and enter all aspects of payroll to include: download payroll
timesheets into financial system, balance hours between systems, audit timesheets,
enter employee maintenance, benefits and deductions, compute payoff figures,
adjustments, garnishments,process payroll.
*Research, analyze, and compute, all adjustments as needed. Make
recommendations to supervisor and provide spreadsheet of calculations to
employees.
*Review and audit payroll functions for accuracy and completeness and to detect
and prevent errors.
Respond to employee and vendor questions both verbal and in writing.
*Prepare journal entries for reporting requirements.
*Prepare,wire, and send files such as direct deposits, positive pay, deferred
compensation plans,Department of Retirement, deductions, benefits, garnishments,
payroll taxes, W-2's and all similar plans/reports.
Payroll Analyst Cont'd Page 2
*Prepares a variety of correspondence and documents for reporting requirements
after each pay period is complete. Prepare and distribute reports for other
departments and vendors.
*Sort and distribute employee payroll checks.
*Create new benefits and deduction plans, hour types, garnishments,shifts,and
leave plans.
*Set up new employees into the financial systems.
*Prepare self-insured monthly reports and corresponding journal entries. Monitor
and reconcile account balances; prepare necessary transfer documents to adjust
appropriations/expenditures.
Prepare and balance leasehold quarterly reports send to State of Washington
Prepare a variety of financial, accounting and budgetary report for submission to
superiors; accumulate data and prepare narrative explanations as assigned.
*Input, revise or delete a variety of financial and statistical data into a computer;
audit and verify accuracy of information; balance and resolve discrepancies as
needed.
Noe
Perform related duties as assigned
*Denotes an essential functions
KNOWLEDGE AND ABILITIES:
KNOWLEDGE OF:
• *Principles of training and providing work direction.
• Methods, procedures and terminology related to payroll and other duties as
assigned.
• Applicable laws, codes, regulations,policies and procedures
• Oral and written communication skill
• Customer service techniques and etiquette
• Data processing applications related to accounting and auditing functions
• Payroll taxes
• Record-keeping techniques.
• Interpersonal skills using tact,patience and courtesy.
• Technical aspects of field of specialty
ABILITY TO:
• *Train and provide work direction to others.
Payroll Analyst Cont'd Page 3
• Use chart of accounts, laws, codes, policies and procedures that pertain to
assigned duties
• Prepare clear and accurate financial records and reports
• Analyze, balance, and reconcile payroll and accounting records
• Work independently with little direction
• Analyze situations accurately and adopt an effective course of action
• Establish and maintain cooperative and effective working relationships with
others
• Communicate effectively both orally and in writing
• Meet schedules and timelines
• Operate personal computer, including spreadsheet, word processing software
• Understand complex rules, interpret and apply regulations and contracts from
IRS, State, City and employee unions
• Prioritize and schedule work.
• Assure work projects are completed according to code and time lines.
EDUCATION AND EXPERIENCE:
Any combination equivalent to: two years of college level course work in accounting or
related field and three years of financial or accounting experience involving the use of
automated systems. Public sector experience preferred.
WORKING CONDITIONS:
Work is performed in an office environment.
Effective Date:January 2007
CITY OF RENTON
Nue
CLASS TITLE: MUSEUM MANAGER (AS-2090)
BASIC FUNCTION:
Under the direction of the Library DirectorAdministrator of Community Service:,an
assigned supervisor, plan, organize, assemble resources, coordinate, and control the
activities, programs, services and operations of the Renton Historicaly Museum_
Maintain operating budget and acquire funding through grant-writing, and other
fundraising activities.; _utilizcSupervise employees and volunteers and resources to
optimize Museum efficiency _effectiveness, and relevancy; develop and implement
plans, enhance collections, and oversee collection care and management, develop and
implement exhibitsdisplays, promote Museum activities and programs. Serve as;
executive member of and liaison to the Renton Historical Society_;
REPRESENTATIVE DUTIES:
*Administer, plan, develop, organize, coordinate, and control the activities,
services,and operations of the Renton Historyieal Museum.
*Develop,write and propose policies for review and adoption by the Museum
'Ni""` Board and the City; prepare goals and policy recommendations for the
Museum Board; serve as Executive Secretary to the Museum Board.
*Prepare, develop, and implement long-range planning; assess Museum
needs and develop mission statement, goals, and objectives; develop work
projects and establish performance measures .
*Develop and control museum budgetsr-and
Lmonitor/approve expenditures in accordance with established guidelines
and requirements; assure compliance with contractual agreements and legal
or program requirements.
*Assemble resources needed to support the goals and objectives of the
Museum and the Society; research potential funding sources; prepare grant
applications; administer grant funds, the endowmentbequest program, and
other Museum and Society fundraising effortsprojeets.
*Select, assign, train, supervise, and evaluate the work and performance of
assigned personnel and volunteers; provide guidance and plan workloads to
ensure the timely completion of work and consistent maintenance of
scheduled operations.
%r.r
Museum Supervisor Manager- Continued Page 2
*Develop and implement exhibitsdisplays of historical materials relating to
greater Renton.
Coordinate activities, programs, plans, and services with other museums in King
County.
Coordinate activities, programs, plans, and services with other City department as
well as Boards and Commissions.
Exchange displays, materials, and information with other museums as appropriate.
*Inform the community of Museum operations, services: and activities
utilizing a variety of media; prepare informational and marketing materials
to promote and publicize various programs; increase awareness of the
Museum in the community.
*Develop website content; assess and maintain efficient information systems.
*Monitor maintenance and upkeep of Museum facility; develop capital
improvements to provide infrastructure for delivery of museum services.
*Prepare and maintain a variety of records, correspondence, agendas: and
reports related to Museum operations in accordance with federal, State, and
local laws.
Chair and serve on various City and community committees.
*Serve on the Executive Committee of the Renton Historical Society in
accordance with Society by-laws and act as a liaison between the Society, the
Museum:and the City.
Perform related duties as assigned.
*Denotes Essential Functions
KNOWLEDGE AND ABILITIES:
KNOWLEDGE OF:
• Principles and practices of public administration.
• Federal, State and local laws, rules and regulations related to assigned activities.
• Directing and administering a municipal public museum program.
Museum Supervisor Manager-Continued Page 3
• Measurement and evaluation of services.
Noose • Methods, practices,procedures,and terminology of museology.
• Function, operations,and maintenance of a public museum.
• Museum technical processes related to proper acquisition, cataloging, care,
conservation, and exhibitiondisplay of museum materials.
• Principles and practices of supervision and training.
• Budget preparation and control procedures and techniques.
• Potential funding sources and grant application procedures; administration of grant
funds and projects.
• Marketing and program promotion practices and procedures.
• Interpersonal skills using tact,patience and courtesy.
• Policies and objectives of assigned programs and activities.
• Technical record-keeping techniques and requirements.
ABILITY TO:
• Administer, plan, develop, organize and direct public museum operations, activities,
programs and services to realize the mission statement and meet the needs of the
public.
• Plan, organize,and implement projects and programs.
• Prepare and control budgets and expenditures.
• Perform a variety of professional technical museum duties related to the acquisition,
cataloging and processing,care, and referencing andoeessing-of museum materials.
411wr • Prioritize and schedule work.
• Assign and review the work of others.
• Train, supervise,and evaluate personnel.
• Establish and maintain cooperative and effective working relationships with others.
• Read, comprehend,and explain technical museum reports or documents.
• Identify funding sources and prepare effective grant applications.
• Promote community interest in Museum programs and projects.
• Maintain records and prepare reports.
• Maintain current knowledge of technological advances in the field.
• Work as part of a non-profit.
• Work directly with the publiceemny.
Establish and maintain partnerships with other community organizations.
• Participate with various fund-raising programs.
• Communicate effectively both orally and in writing.
• Work independently with little direction.
EDUCATION AND EXPERIENCE:
Any combination equivalent to: a Master's degree in Museology, History, Archeology,
Anthropology or related field, including at least three years of museum experience, or a
Bachelor's degree in the same fields with at least five years of experience.
Museum Supervisor Manager- Continued Page 4
WORKING CONDITIONS: *4.004
Work is performed in an office environment. Some night and weekend meetings may be
required.
Effective Date:Qstober SJanuary 2007
Revision History:July 1994,October 2005
CITY OF RENTON
,,. CLASS TITLE: ' •
AIIMINIST-RATIVEMANAGEMENT ANALYST
(AS-2478)
BASIC FUNCTION:
Under the direction of ' .. . :,at .• . . . ' • . - . . an assigned
supervisor, analyze Planning/Building/Public Works Department financial issues and
administrative tasks, and design and implement systems for the department and the
training and provision of assistance to department personnel in the use of systems;
develop and monitor department budgets and financial activities.
REPRESENTATIVE DUTIES:
*Prepare and coordinate financial budget submittals for enterprise funds,
various divisions in the general fund and revenue estimates for various fees
and reimbursements; expense estimates by organization, program and fund
source, and revenue estimates by fund source; perform utility rate analysis;
analyze financial trends and prepare financial strategies and issue papers;
submit and coordinate Department's capital improvement program.
*Analyze operational and managerial systems to determine if increased
productivity or enhanced service is possible; project equipment needs and
assure proper budget funds to accomplish objectives; identify and
recommend special projects or programs.
Review operations of the department and assure that they are efficient use of
resources and are compatible with existing and proposed City systems.
*Monitor the financial and budgeting performance of the entire Department
and manage financial, cost accounting and other systems for the
Department; coordinate with the Finance & Information Services
Department regarding general accounting, A/R, A/P, payroll, revenue
estimates, budget preparation, utility accounting and personnel; attend
Council meetings regarding budget matters.
Develop position papers and memoranda as directed; make presentations as
requested.
Train department personnel in the use and operation of computer programs and
spreadsheets relating to financial,project and other management systems.
*Define expectations, supervise, train and evaluate the performance of
assigned staff; participate in the selection of employees; assign duties and
recommend discipline and termination as appropriate.Supervise staff
'%r, . - • . . .. • - - ..• - . • . • •..• _ . ..• .
Principal Financial &Administrative Analyst- Continued Page 2 Page 2
*Research, strategize and submit applications for potential funding sources for
department projects.
*Attend meetings and conferences; represent the department with
regional and professional organizations, which have committees or work
groups preparing, or setting standards for financial systems and
management and legislative issues.
*Prepare monthly reports and analysis identifying the financial position of
enterprise funds and PB/PW general funds.
*Prepare and review revenue and expenditure analysis for the enterprise
funds and PB/PW general funds; develop short and long-range
projections to forecast financial requirements for the enterprise funds and
indicate their financial position.
*Analyze, review and prepare a variety of complex financial statements
and reports related to assigned functions; draw conclusions and make
appropriate recommendations; submit reports to management or others
as appropriate.
*Identify financing sources for the City's capital needs for new and major
maintenance infrastructure for six years.
*Attend budget hearing and related meetings; direct budgetary activities
and monitor budgets for the department during the course of the budget
year providing feedback to management.
*Investigate and audit transactions, records, and reports to ensure fair
and proper collection of fees and other revenue.
*Prepare ordinances, resolutions, policies, and procedures regarding
areas of assigned responsibility
*Analyze monthly and annual data to ensure accuracy in expenditure and
revenue postings, and other data under extremely tight timelines.
Perform related duties as assigned.
KNOWLEDGE AND ABILITIES:
KNOWLEDGE OF:
• Organization, operations, policies and objectives of municipal planning services.
• Principles and practices of management, administration, supervision and training.
Principal Financial &Administrative Analyst- Continued Page 3 Page 3
• Basic accounting and bud etin s rinci•les and •ractices .s
prescribed by established standards of professional organizations.
Nikko— !preject Project management principles; record-keeping techniques.
• Interpersonal skills using tact, patience and courtesy.
• Participatory approach to leadership, project management, and problem solving skills.
• Workflow management and coordination of activities under tight deadlines.
• Oral and written communications skills.
• Correct English usage, grammar, spelling,punctuation and vocabulary.
• Applicable laws, codes, regulations, policies and procedures.
• Financial and fiscal statistical, analytical, research and projection techniques.
• Financial tools, such as financial rations, cost/benefit analysis, cost analysis, cash flow
analysis, revenue analysis, and credit analysis.
• Budget control and revenue projections.
• Utilities rate setting and financial management of utilities operations and capital
projects.
• Methods, techniques and practices of maintaining complex interrelated financial records.
• Spreadsheet, word-processing, and database applications; demonstrated ability to
understand database management, development and reporting theory.
• Graphic software and ways to prepare graphic materials and embed them in spreadsheet
or work documents;
ABILITY TO:
• Analyze issues and tasks, and design and implement systems for the department and the
training and provision of assistance to department personnel in the use of systems.
• Initiate new ideas and new approaches to organizational, financial and
policy concerns.
• Develop and monitor department budgets.
• Establish and maintain cooperative and effective working relationships with
others.
• Train, supervise and evaluate personnel.
• Analyze situations accurately and adopt an effective course of action.
• Review and evaluate the implications of proposed actions. Plan and organize work.
• Meet schedules and time lines.
• Communicate effectively both orally and in writing.
• Train other personnel in computer applications and programs.
• Prepare SOQ's and RFP's.
• Prepare and maintain records.
• Prepare financial analysis,projects and forecasts.
• Review and evaluate complex data and make appropriate recommendations.
• Read, interpret, apply and explain rules, regulations,policies and procedures.
• Meet schedules and time lines; develop priorities; and work with division
management to meet project objectives.
• Plan and organize work.
• Communicate to subordinates and other city employees the governmental
accounting and budgeting principles and practices as prescribed by law,
regulations and other standards of professional organizations; and how these must
Principal Financial &Administrative Analyst- Continued Page 4 Page 4
be adhered to for their use.
• Work as a team member with their counterparts on the issues of accounting and
budgeting.
• Use graphics.
• Create, apply, and use complex spreadsheet functions and analysis.
• Quickly review expenditures and revenues and sees if they "make sense" and
understand what they are suppose to be.
• Make changes as appropriate to the various financial records of the City.
• Identify and resolve problems in budget, expenditure, revenue, and other financial
reports on a monthly and annual basis.
• Provide instructions and expectations to other participants in the
Planning/Building/Public Works department; including budget and accounting, but
not limited to these issues.
• Understand and adhere bond and debt contracts, utility and other legal contracts.
EDUCATION AND EXPERIENCE:
Any combination equivalent to: bachelor's degree in accounting, public or
business administration, finance or related field and four five years of
progressively increasingly responsible xperience in budgeting,
accounting, or finance. Five years of increasingly responsible professional
experience in systems development and implementation, problem solving and
complex financial analysis preferred. Knowledge and
application of complex spreadsheet functions desired.
LICENSES AND OTHER REQUIREMENTS:
Valid Washington State driver's license.
WORKING CONDITIONS:
Work is performed in an office environment with occasional night meetings.
*Denotes an essential function
Effective Date:January 2007
Revision History:June 1997
CITY OF RENTON
CLASS TITLE: COMMUNITY RELATIONS and EVENTS COORDINATOR (AS-2401)
BASIC FUNCTION:
Under direction of an assigned supervisor,provide leadership, direction, organization, and
coordination of large-scale city-wide events, multi-cultural international sister city activities, and
other special programs internally and externally which connect community, strengthen public
relations and enhance City positive image; build partnerships with residents, organizations and
businesses which reflect community interest, enhance programs, and improve program and event
operations; plan, develop, organize and implement a comprehensive City-wide Special Events
Team; develop, administer, and monitor assigned budgets; interview, select, and manage assigned
staff and volunteers; serve as a liaison between the City, community groups, government agencies,
and the public; and perform other promotional and public relation duties involving frequent and
responsible public contact.
REPRESENTATIVE DUTIES:
* Direct, manage, organize and coordinate large-scale city-wide events such as the Renton
River Days Festival and 4th of July celebration, provide direction, guidance and/or
supervision to staff, contracted professional personnel, committees, local organizations, civic
groups,and volunteers.
* Develop and provide recommendations for special events and activities to enhance the
image of the City. Organize, schedule and coordinate promotional activities and special
programs such as grand openings, exhibits, ribbon cuttings, awards, presentations, and
seasonal decorations. Evaluate programs offered and make recommendation for
modifications.
* Plan, develop, organize and implement a comprehensive City-wide Special Events Team to
evaluate efficiency of City resources, event planning effectiveness, and service to the
community.
* Develop timelines and schedule for Transportation/City Shops and Park Maintenance for
installing/hanging City event banners.
* Plan and develop internal recognition events such as the Annual Employee Recognition
Breakfast; coordinate and manage City employee planning committee.
* Plan and develop the Annual All-City Volunteer Recognition Banquet; coordinate and
manage the City employee planning committee.
* Direct, manage, organize and coordinate all international Sister City relations, programs
and activities such as traveling and visiting delegations, local tours and daily excursions,
fundraisers, socials, exhibits, presentations, donations, communications, correspondence, and
official visits to City Hall.
Community Relations&Events Coordinator—Continued Page 2
* Manage and coordinate visits and tours to City Hall and/or City departments for
individuals,special interest groups and Renton School District 3`d Grade Tours.
* Negotiate and monitor contracts with service providers.
* Complete grant applications for financing opportunities of programs and events.
* Interview, select, schedule, and supervise staff,volunteers, and contracted personnel for
designated programs.
* Develop and prepare division and program budgets; control and approve expenditures;
monitor and control budgets; prepare and submit periodic budget updates as requested.
* Develop,prepare and maintain the Renton River Days budget in coordination with the
festival's Board of Directors; monitor and control all revenues and expenses; maintain off site
bank accounts.
* Develop,write, and maintain procedure manuals for large-scale, citywide special events
such as Renton River Days and 4th of July.
* Strengthen community relations and positive City image through programs and events,
which encourage citizen involvement and participation.
* Respond to public inquiries and provide information requiring knowledge of City and
Departmental standards, procedures, rules, regulations, policies and programs; prepare
written correspondence, reports and presentations.
* Provide a variety of general information to the public regarding City special programs,
community events,volunteerism, referrals and recommendations.
* Attend a variety of meetings and serve on City committees as requested; prepare and
deliver formal and informal presentations at City Council meetings and community
gatherings; provide staff support to the City Council, and boards and commissions as
assigned.
* Maintain communication and effective working relationships with City employees,
government agencies, community organizations and groups,and the general public;
coordinate operations with other departments.
* Develop and approve City website content,features, and information for areas of
responsibility.
* Prepare publicity releases, including newspaper articles, brochures and flyers; perform
other program promotion as needed.
Community Relations&Events Coordinator—Continued Page 3
* Represent the City with community organizations such as the Renton Community
,on" Foundation Sister Cities Fund and Renton IKEA Performing Arts Center; lead Renton
Community Connections, local public relations and networking group.
* Attend conferences and training.
Perform related duties as assigned.
*Denotes Essential Job Functions.
KNOWLEDGE AND ABILITIES:
KNOWLEDGE OF:
• City organization, operations, policies and objectives.
• Principles and practices of administration, supervision and training.
• Program planning, organization, and coordination.
• Effective promotion,public relations, and marketing.
• Contract negotiations and management.
• Community and municipal resources.
• Recruiting, selecting and managing employees and volunteers.
• Budget planning, development and control techniques.
• Community Services Department programs and activities.
• Community issues and concerns.
Now, • Oral and written communication skills.
• Technical aspects of field of specialty.
• Record-keeping techniques.
• Correct English usage, grammar, spelling, punctuation and vocabulary.
• Interpersonal skills using tact, patience and courtesy.
•
ABILITY TO:
• Develop,plan, organize and implement large and complex programs, events and projects.
• Establish and maintain relationships with residents, volunteers, volunteer groups,
businesses, and civic organizations throughout the City.
• Promote and foster community interest through programs and special events.
• Prepare written correspondence, reports and presentations.
• Promote and represent the departments throughout the City.
• Perform a variety of duties involving frequent and responsible public contact.
• Handle multiple projects,perform a wide variety of tasks, and meet deadlines.
• Interview, select, train, supervise, and evaluate personnel.
• Deal with sensitive situations tactfully and with understanding.
• Maintain project budgets.
• Operate a computer and a variety of software programs.
• Analyze situations accurately and adopt an effective course of action.
• Apply and explain policies, procedures, rules and regulations.
Community Relations&Events Coordinator—Continued Page 4
• Maintain records and prepare reports.
• Communicate effectively both orally and in writing.
• Independently plan, organize, prioritize, and schedule work with minimal supervision.
• Meet schedules and time lines.
• Prepare and deliver effective oral presentations.
• Establish and maintain cooperative and effective working relationships with others.
EDUCATION AND EXPERIENCE:
Any combination equivalent to: Bachelor's degree and two years public relations experience or
special event planning involving extensive public contact and preparation of information. Four
years work experience in communications, public relations, recreation, or large-scale special events
may be substituted for college level education. At least two years in lead capacity with supervisory
experience required.
LICENSES AND OTHER REQUIREMENTS:
Valid Washington State driver's license.
WORKING CONDITIONS:
Work is generally performed in an office environment but considerable travel to meetings and other
gatherings is required. May also require attendance at night meetings. Weekend work may also be
required. Considerable walking and standing, and some lifting and carrying are required at times.
Effective Date: January 2007 ,�
CITY OF RENTON
CLASS TITLE: FACILITIES TECHNICIAN II (MA-7181)
BASIC FUNCTION:
Under the direction of the Facilities Supervisoran assigned supervisor, perform skilled
construction, maintenance, repair and remodeling of City buildings, facilities and
equipment; perform duties in a variety of the building maintenance and construction trades
including HVAC, telephone, plumbing, electrical, locksmith, security systems, carpentry,
glazing and mechanical trades; assure buildings are maintained in a safe condition and in
compliance with applicable codes; prepare and maintain records related to work performed.
DISTINGUISHING CHARACTERISTICS:
Incumbents in the Facilities Technician I classification perform semi-skilled to skilled
construction, maintenance and repair duties. Facilities Technician II incumbents perform
more complex and technical construction, maintenance and repair duties at the skilled level
including maintenance of City telephone-and HVAC systems; and have received extensive
professional training and possess certification or license in one of the industry's
professional fields.
REPRESENTATIVE DUTIES:
*Perform skilled construction, maintenance, repair and remodeling of City
buildings, facilities and equipment in a variety of trades including HVAC,
telephone3 plumbing, electrical, locksmithing security systems, carpentry,
44100, sheetrock, glazing and concrete work; assure buildings are maintained in a
safe condition and in compliance with applicable codes.
*Perform a variety of troubleshooting, analysis and repair of HVAC systems
and equipment; assist skilled HVAC technicians with more major system
installations and repairs; maintain microprocessor-controlled HVAC systems.
*Install, maintain and repair plumbing fixtures and waste disposal systems
including plastic, copper and galvanized piping; cut, thread and replace gas
and water pipes; install and maintain toilets, urinals, sinks, faucets, drinking
fountains, decorative fountains,water heaters and new water lines.
*Adjust and perform emergency repairs to plumbing equipment and systems
including fixing broken pipes, cleaning plugged drains, draining pipes,
replacing washers, faucets and floats, soldering spouts and gutters, cleaning
grease traps and flushing or unplugging sewer lines.
*Install, troubleshoot and repair electrical and electronic systems, security
alarm systems, electronic locks and receptacles, install new wiring, plugs,
lights, circuit breakers and panels; run conduit and pull wire; lubricate,
adjust and repair electrical equipment.
Facilities Technician I I- Continued Page 2
*Install and replace window units, glass, ceramic tile and perform other
glazier duties; repair, replace and re-grout tile; construct forms and mix, pour
and finish concrete; repair or apply new plaster and masonry surfaces.
*Perform rough and finish carpentry construction and repair; refinish floors,
furniture, cabinets and other wood items; install doors, install wall paneling,
wall partitions, ceilings and windows; construct and install cabinets and
shelves; build walls and hang doors and paneling; install, inspect and repair
roofing.
*Frame, install, tape, finish and texture sheetrock, drywall and other wall
construction materials; remodel office areas; remove, relocate and construct
walls.
*Repair and adjust heating and air conditioning equipment and controls
including gas and electric heating units in building and offices; -troubleshoot
gas and electric heating system issues requiring corrective action; inspect
natural gas lines for leaks; repair or replace heater pumps, motors, belts and
filters in heating systems.
*Prepare surfaces for painting; mix, blend and apply paint to match or cover
walls, ceilings, furniture, cabinets and other interior and exterior surfaces;
perform touch-up painting; erect, rig and move scaffolding and platforms.
*Install, repair and maintain City locking systems and door hardware;
re-keying and re-combination of locks and build lock cores; repair door
locking mechanisms; cut new and replacement keys and maintain related
records of keys issued.
Maintain and prepare records related to work performed including inventories,
phone-use,work orders, preventive maintenance, key system records and inspection
records.
*Operate a variety of equipment, machinery and hand and power tools
including pipe cutters and threading tools, drain augers, hydraulic lift, electric
diagnostic equipment, pickups, trencher, gauges, meters, saws, ARC welder
and torches, power saws, nail gun and other carpentry tools.
Assist in labor and material estimations for projects; purchase supplies and
materials on open accounts as needed according to established procedures; explain
and assist with needed construction and repair with contractors as assigned.
Assist other maintenance personnel as assigned; perform custodial duties as
assigned including refinishing gym floors, carpet extraction, moving office
furniture, moving and storing surplus equipment and furniture and repairing
custodial equipment.
Facilities Technician I I- Continued Page 3
Perform related duties as assigned.
KNOWLEDGE AND ABILITIES:
KNOWLEDGE OF:
• Standard tools, equipment, materials, methods and techniques used in a variety of
construction and building maintenance duties and trades.
• Operation and proper maintenance of tools, equipment and machinery used in the
building trades including advanced electrical testing equipment
• Advanced construction and remodeling methods and techniques
• Requirements of maintaining buildings, facilities and equipment in good repair
• Preventive maintenance principles and procedures
• Applicable building codes, ordinances, fire regulations and safety precautions.
• Read and interpret schematics, blue prints, sketches and diagrams.
• Health and safety practices, regulations and procedures
• Basic math
• Record-keeping techniques
• Basic construction trades
ABILITY TO:
• Perform a variety of skilled maintenance and repair of City buildings, facilities, HVAC,
and security .. : - . . .• _ - .. : systems.
• Read, interpret and apply applicable building codes, ordinances and regulations.
• Operate a variety of equipment including a pickup, saws, pipe cutter and threading
tools, welding equipment, electrical gauges and meters, hydraulic lift, drain rooters,
Now computers,locksmith equipment and a variety of hand and power tools.
• Estimate adequate amounts of time, labor and materials for project completion.
• Work from blueprints, shop drawings and sketches.
• Add, subtract, multiply and divide quickly and accurately.
• Communicate effectively both orally and in writing.
• Maintain records related to work performed.
• Analyze situations accurately and adopt an effective course of action.
• Meet schedules and time lines.
• Work independently with little direction.
• Work cooperatively with others.
• Lift objects weighing up to 50 pounds.
• Understand and follow oral and written directions.
• Observe legal and defensive driving practices.
EDUCATION AND EXPERIENCE:
Any combination equivalent to: graduation from high school including and supplemented
by courses in electrical, HVAC, or plumbing and--telephone systems; and four years of
increasingly responsible maintenance and construction experience in a variety of the
building trades.
LICENSES AND OTHER REQUIREMENTS:
NomeValid Washington State driver's license and
Facilities Technician I I- Continued Page 4
Certificate or license in one of the building industry's disciplines, e.g. BAT (Backflow
Assembly Tester)or BOC (Building Operator Certification)
vtliS
WORKING CONDITIONS:
Work is performed in the field and includes extensive physical activity including lifting up
to 50 pounds, climbing, bending, walking, standing and work with a variety of hand and
power tools.
*Denotes an essential function
Effective Date:January 2007
Revision History: September 1993
CITY OF RENTON
CLASS TITLE: DOMESTIC VIOLENCE VICTIM ADVOCATE
BASIC FUNCTION:
Under the supervision of an assigned supervisor, this position will perform tasks related
to the prosecution of persons charged with domestic violence related crimes. Work is
characterized by technical, administrative, and social work in functioning as a liaison
between victims of domestic violence and the criminal justice system. Key
responsibilities include but are not limited to: maintaining current information of victims
and witnesses in domestic violence cases, interviewing victims and witnesses to obtain
evidence; be responsible for providing crisis intervention, and assistance to victims of
crimes involving domestic violence; act as a liaison between victim and the criminal
justice system, including the police department and court personnel; interview victims
and witnesses named on domestic violence police reports; educate victims of court
proceedings, and accompanying them to court; making referrals to human service
agencies specifically domestic violence services.
REPRESENTATIVE DUTIES:
* Provide crisis intervention assistance to domestic violence victims and other
related crimes, assuring appropriate prosecution of offenders, taking victim
safety into consideration.
* Conduct interviews with victims and assess their willingness to assist with
prosecution, and compile data that relates to criminal proceedings related to
domestic violence.
* Assist the City's prosecution staff by collecting domestic violence related
case evidence. Evidence collection includes, but is not limited to: obtaining
related police reports; screening reports; ordering and reviewing 911 tapes;
photographing victims; interviewing victims and/or witness; and contacting
victims and/or witness for information as needed.
* Compile and maintain data related to domestic violence cases. Complete
required reports.
* Assess victims' needs and provide appropriate support. Support includes,
but is not limited to: informing victims of their rights, court proceedings,
assisting victims in developing an individualized safety plan; assisting them
with petition for civil protection order and/or no contact orders when
appropriate; attending temporary hearings with the victim as time allows;
and/or referring victims to social service
•
Domestic Violence Victim Advocate-Continued Page 2
* Review domestic violence police reports; prepare a file on every domestic
violence case. Prepare summaries of intakes for the prosecutor. Consult with
prosecutor on filing requirements and decisions and sentencing
recommendations.
* When appropriate, attend daily jail arraignment calendars and/or other
appropriate calendars at Municipal Court.
* Perform case preparation and consult with prosecutors on court filings and
prosecutorial decision.
* Advise victims and/or witnesses of court dates, court procedures, and other
pertinent information. Appear at domestic violence arraignments, pre-trials,
review hearings, and jury trials on behalf of the victim.
* Act as a liaison between victims and the criminal justice system including
prosecutors,courts,police department, etc.
* Research potential funding sources; prepare grant applications; administer
grant funds and projects.
* Institute an intake on victims of domestic violence in pending cases.
* Communicate with agencies and victims involved in cases pending such as;
probation, corrections, battered treatment providers, and police.
* Communicate with domestic violence victims; explaining the role of the
victim advocate as well as community resources.
*--Train and provide work direction to others as assigned.
* Maintain documents, reports and files in accordance with federal, State
and local laws.
* Attend and conduct a variety of meetings to exchange information, develop
and administer Domestic violence advocate programs and coordinate
activities.
Perform related duties as assigned.
KNOWLEDGE AND ABILITIES:
KNOWLEDGE OF:
• Criminal justice system and related domestic violence laws.
Domestic Violence Victim Advocate-Continued Page 3
• Counseling and crisis intervention techniques.
• Legal and law enforcement terminology.
• Problem solving in regard to the cycle of domestic violence.
• Research methods and report writing.
• Current Local Community resources
• Interviewing techniques with people in crisis
• Organization, function and activities of a municipal government, legal services
and criminal justice system
• Basic municipal criminal codes and other applicable laws, codes, regulations,
policies, and procedures.
• Financial, clerical and statistical record-keeping techniques
• Processing requirements and procedures for public documents.
• Modern office practices, procedures and equipment, including a personal
computer.
• Correct English usage, grammar, spelling, punctuation, and vocabulary.
• Oral and written communication skills.
• Interpersonal skills using tact,patience and courtesy.
• Preparation and presentation of financial, statistical and narrative reports
• Public speaking techniques, including group dynamics.
ABILITY TO:
• Communicate effectively both orally and in writing.
• Prioritize and schedule cases.
34"r''' • Compose correspondence, reports, and program outlines as requested
• Effectively conduct directed interviews and obtain relevant information from
persons in crisis.
• Explain laws, codes, regulations, policies and procedures.
• Establish and maintain effective and cooperative working relationships with
coworkers and other agency staff and professionals.
• Coordinate varied demands and cope with stress and disturbing situations.
• Set priorities and plan and organize work.
• Meet schedules and time lines.
• Operate computer terminal and word processing software used by the City.
• Train and provide work direction to others as assigned.
• Maintain records and filing systems and prepare reports.
EDUCATION AND EXPERIENCE:
Any combination equivalent to: Bachelor's degree in social services, human services,
criminal justice or related field, or two years experience working with domestic violence
victims in an advocacy field, and work within the legal system.
WORKING CONDITIONS:
%we Work is performed in an office and courtroom environment.
Domestic Violence Victim Advocate-Continued Page 4
*Denotes an essential function
Effective Date:January 2006
Revision History:June 2002
4
7 CITY OF RENTON COUNCIL AGENDA BILL i
AI #: 'r /
Submitting Data: Planning/Building/Public Works For Agenda of: February 5, 2007
Dept/Div/Board.. Technical Services
Staff Contact Karen McFarland, x7209 Agenda Status
Consent X
Subject: Public Hearing..
Final Approval for the Wyman/SE 132"d Street(LA-05- Correspondence..
003) Latecomer Agreement Request • Ordinance
Resolution
Old Business
Exhibits: New Business
Issue PaperStudy Sessions
Final Latecomer Agreement Information
Recommended Action: Approvals:
Refer to Utilities Committee Legal Dept
Finance Dept
Other
I Fiscal Impact: N/A
it
isiExpenditure Required... Transfer/Amendment
Amount Budgeted Revenue Generated
Total Project Budget City Share Total Project
SUMMARY OF ACTION:
City Code allows that when sanitary sewer facilities are installed by a developer,the City may
grant a latecomer agreement in order to ensure each property that benefits from the new facility
be assessed its fair share of the costs. On September 19,2005, Council granted preliminary
approval of a latecomer agreement(LA-05-003)request to Kevin Wyman. Following
construction and the determination of actual costs, staff presents the latecomer agreement for final
approval by Council. Kevin Wyman has installed the agreed upon improvements and transferred
title to all of these improvements to the City. The final cost of $88,016.01 is$27,725.09 more
than the original estimate of$60,290.92.
STAFF RECOMMENDATION:
Grant a final 15-year latecomer agreement(LA-05-003)to Kevin Wyman for sewer main
extension along SE 132"d Street and authorize staff to finalize the latecomer agreement per City
Code.
H:\File Sys\PRM-Property Services Administration\PRM-27-Assessment Districts From 1994 and Forward\0030\agbill0107.doc\KLMmd
J
J
J
CeY PLANNING/BUILDING/• + PUBLIC WORKS DEPARTMENT
�N�O� MEMORANDUM
DATE: January 22, 2007
TO: Toni Nelson, Council President
Members of the Renton City Council
VIA: )' Kathy Keolker, Mayor_,;
FROM: � Gregg ZimmermariAtrministrator
STAFF CONTACT: Karen McFarland, Technical Services Specialist(ext. 7209)
SUBJECT: Final Approval for the Wyman/SE 132"d Street Latecomer
Agreement Request
ISSUE:
Does Council wish to grant final approval for a 15-year latecomer agreement(LA-05-
003)to Kevin Wyman for the installation of approximately 397 lineal feet of sewer main
along SE 132"d Street?
err► RECOMMENDATION:
Grant Kevin Wyman's request for a latecomer agreement and give final approval for a
latecomer agreement to extend the sewer main along SE 132"d Street.
BACKGROUND SUMMARY:
On July 28, 2005, Kevin M. Wyman and Durwood E. Blood submitted an application for
a latecomer agreement. This latecomer agreement would allow the applicants to recover
a portion of the costs associated with extending sewer main along SE 132"d Street.
On September 19, 2005, Council granted preliminary approval of the Wyman-Blood
latecomer request. At that time, the estimated cost of the proposed sewer was
$60,290.92.
In August 2006, Mr. Blood sent a letter informing the City that he had transferred his
interest to Mr. Wyman. Thus, Mr. Wyman became the sole developer associated with
this latecomer request.
As allowed by the City's code, developers may ask for reimbursement of a pro rata
portion of the original costs for public works facilities they install and turn over to the
City. Mr. Wyman has extended the sewer main. Thus, having installed all of the agreed
upon improvements, and having transferred title to all of the improvements to the City,
Wyman/SE 132"d Street Latecomer Agreement
January 22,2007
Page 2 of 2
the developer has completed all of the actions required of him to finalize this latecomer
agreement.
Latecomer agreements are contracts between the City and a developer for construction of
public works facilities, and they authorize reimbursement of a developer by other
property owners who did not contribute to the original cost of the facilities and who
subsequently tap into or use the facilities. The proposed latecomer agreement would
require the owners of benefiting properties to pay an equitable share of the cost of these
facilities if they decide to use them.
The properties to be included in the proposed latecomer agreement currently do not have
sewer service available. This facility is a local service facility,and as such, will only
benefit the properties directly adjacent to the new main. Because the only benefiting
parcels are those that front the facility, we have established a direct benefit charge only.
For this area,we chose to calculate the benefited area utilizing a front footage method.
This method takes the frontage of the lot and divides the cost of the sewer improvements
equally to determine an assessment amount.
The final cost of the installed sewer line was $88,016.01. This is $27,725.09 more than
the original estimate of$60,290.92, which was granted in the preliminary approval.
Therefore,the assessment, based upon the final cost, is$110.85 per front foot. The cost
estimates for this extension were derived from bids based upon preliminary designs. The
developer notes that while he was prepared to begin construction, the contractor was
unable due to a full schedule. This delay contributed to an increase in prices. He also
notes that the cost of paving increased substantially between the time he made the
latecomer request and the time he was ready to proceed with construction.
CONCLUSION:
City Code allows that when sanitary sewer facilities are installed by a developer, the City
may grant a latecomer agreement in order to ensure each property that benefits from the
new facility be assessed its fair share of the costs. Following construction and the
determination of actual costs, staff presents the latecomer agreement for final approval by
Council. Therefore, we recommend that Council approve staff's request to grant a final
15-year latecomer agreement(LA-05-003)to Kevin Wyman for a sewer main extension
along SE 132nd Street and authorize staff to finalize the latecomer agreement, per City
Code.
cc: Lys Hornsby,Utility Systems Director
Dave Christensen,Wastewater and Technical Services Supervisor
cc w/att: Juliana Fries,Development Services Engineering Specialist
H:\File Sys\PRM-Property Services Administration\PRM-27-Assessment Districts From 1994 and
Forward\0030UP fn10107.doc\KLMmd
Return Address:
'gorge City Clerk's Office
City of Renton
1055 South Grady Way
Renton, WA 98055
Title: LATECOMER'S AGREEMENT Property Tax Parcel Numbers: 142305-9003
Project File#: PRM-27-0030
Grantor(s): Grantee(s):
1. City of Renton, a Municipal Corporation 1. Kevin M. Wyman
Complete legal description is in Exhibit"B"of this document. g6 "
LEGAL DESCRIPTION:
Portion of the Northwest Quarter of Section 14, Township 23 North„ a%t M. in
King County, Washington.
THIS AGREEMENT made and entered into this > cl `ii 20
by and between the CITY OF RENTON, hereina . referred to ' ..i Y,” and Kevin M. Wyman
and Durwood E. Blood,hereinafter referred t+ R .LOPE
WHEREAS, the "DEVELOPS"' ous o 1 rb =`astewater systems and
appurtenances thereto at, netst t ;d e herw.. '� esci ed property and to connect same
to the "CITY'S"utility + s ste vA, ;so that,i , mprovements will constitute an integral part
thereof; and ..,. fig$.. • `- x
or users are presently available to share in the cost and
expen `: + struct " uch' a svements, and the parties hereto having in mind the
provisio v rms 'Municipal Water and Sewer Facilities Act"(R.C.W. 35.91.020, et
seq.) and •),..Z."legislation (R.C.W. 35.72.010, et seq.); and
•
WHEREAS,the—DEVELOPER" is willing to pay all the costs and expenses for the installation of
said improvements;
NOW, THEREFORE, IT IS HEREBY AGREED AND CONVENANTED BY AND BETWEEN
THE AFORESAID PARTIES AS FOLLOWS:
Page 1
•
PRM27-0030: WYMAN LATECOMER'S AGREEMENT
1. The"DEVELOPER"hereby acknowledges and covenants that he is the owner of the
following described property, to wit:
See Exhibit"A"
and the "DEVELOPER"hereby agrees and covenants to cause to have installed the
following described improvements,to wit:
1. 397 linear feet of 8 inch PVC Sewer Main
2. 2 48 inch diameter manhole
and such installation to be made in full compliance with all applicable a `=
regulations of the"CITY". The "DEVELOPER" further covenants r4 g n :' qr ' .t all
n r
expenses and claims in connection with the construction and lation of th id
improvements,whether for labor or materials or both,':40.14 en • I be paid i .all
at the"DEVELOPER'S"expense, and the `DEVELOP -;.nts and agrees to hold
t
the"CITY" harmless from any liability inoiiWetion there^ #';t
.41.041
2. The "DEVELOPER" further ' .Y` es that;
�eiptapeol-ti14aid construction as
hereinabove See "13"attached hereto for the legal
description of the be'. . .k .x ° tassingthe lands affected by this latecomer
agree Ex "atthtereto for the map showing in outline the land
ado s"" • t t'tion :, , -s per the terms of this agreement.
The t €eua ' e cost of said improvement shall be employed to determine the pro
rata reit b ent to the"DEVELOPER"by any owner of real estate who did not
contribute to the original cost of such improvement, and who subsequently wishes to tap
into or hookup to or use said facilities, which tap or hookup shall include connections to
lateral or branches connecting thereto, all subject to the laws and ordinances of the
"CITY"and the provisions of this agreement.
Page 2
PRM27-0030: WYMAN LATECOMER'S AGREEMENT
Now
The method of determining latecomer payments shall be by:
Front foot method
The pro rata cost is$110.85 per front footage.
3. It is hereby found and determined that the construction and installation of said
aforedescribed improvement is in the public interest.
4. The"DEVELOPER"hereby agrees and covenants to convey, transfer, and assign unto the
"CITY"all rights, interest and title in and to said improvements and all appurtea, -s and
accessories thereto, free from any claim and encumbrance of any party wri � 'r;
"CITY"agrees to accept and maintain said improvement as part of c �
t4 � ' •m upon
approval thereof by the Administrator of the Planning/Buil. icyWorks F : =ta ent
`
or his/her authorized representative and after inspection% L 4 . construction. Thi :;
"DEVELOPER"further agrees and covenants to execute wer unto the "CITY„
any and all documents including Quit Cl and Bilis tSale that may reasonably
'`"'° be necessary to fully vest title in the "CI ' , .- .a, uateSiayconveyance and
transfer. The "DEVELOP i - er ag ; . a� Germ ts° o pay unto the"CITY" such
service charges or ot•1� TY' ay be ',`i:4',:''; by the"CITY" for use of the
improvements for`,- _, ' gid.
k t acne Ss[
r,
5. Tfip ,,..:: ::41,-,,the =:> a without affecting the validity or terms of this agreement, to
'. use f t•.i,:-`
M ;''ide e -nsions to or additions of the above improvement and to
allow" 4t '•� 'ons to be made to said extensions or additions, without liability on
‘•:;7.,:„i;
the part v tl,:\,41 TY".
6. No person, firm, or corporation shall be granted a permit to use or be authorized to tap into
the facility during the period of 15 years from date hereof, without first paying unto the
"CITY", in addition to any and all other costs, fee, and charges made or assessed for each
tap, or for the main facilities constructed in connection therewith, or for street,
signalization, and lighting improvements,the amount required by the provisions of this
law
Page 3
PRM27-0030: WYMAN LATECOMER'S AGREEMENT
contract except such charges shall not apply to any extension of the main facility. All
amounts so received by the"CITY" shall be paid out by it unto the "DEVELOPER" under
the terms of this agreement within thirty(30)days after receipt thereof, less a 15%
administration fee. Furthermore, in case any tap, hookup, or connection is made into any
such contracted facility without such payment having been first made,the legislative body
of the "CITY" may cause to have removed such unauthorized tap, hookup, or connection,
and all connections or related accessories located in the facility or right-of-way, and
dispose of such unauthorized material so removed, without any liability on the part of the
"CITY"whatever. It is further agreed, and covenanted that upon expiration of the terms of
this agreement;to wit: 15 years from date hereof,the "CITY" shall be under;tiOitther
obligation to collect or make any further sums unto the "DEVELOPER'',
The decision of the Administrator of the Planning/Buildi g�b11c Works Departmentor
his/her authorized representative in determining or coin colt,:004,*alxtount due front -Any
benefited owner who wishes to hookup to SlielLimproven'iMill be final and conclusive
in all respects. : ° :%,:;
7. It is further agreed and t4f at the fi r improvements to be undertaken
and paid for by the4. b LO ` have Tx are about to be connected with the
utilities/transportati•v: `:„. .40( 1‘000 ,{ , and upon such connection and acceptance
by tlh atrve�ody, said extension and/or improvement shall be
s osme a : 1 e rti .al utilities or transportation systems.
8. This a:, be placed for record with the King County Auditor's Office within
thirty(30 ,: : s of final execution of the agreement.
9. Before the"CITY"will collect any latecomer's fee, the"DEVELOPER"will transfer title
to all of the improvements under the latecomer's agreement to the "CITY". The
"DEVELOPER"will also assign to the "CITY"the benefit and right to the latecomer's fee
should the "CITY" be unable to locate the"DEVELOPER"to tender any latecomer's fee
that the"CITY"has received. The"DEVELOPER"shall be responsible for keeping the
Page 4
PRM27-0030: WYMAN LATECOMER'S AGREEMENT
"CITY" informed of its correct mailing address. Should the"CITY" be unable to locate
the "DEVELOPER" in order to deliver a latecomer's fee, the "CITY" shall undertake an
independent investigation to determine the location of the "DEVELOPER". Should the
"CITY"after a good faith attempt to locate the"DEVELOPER" be unable to do so, then
the latecomer's fee shall be placed in the Special Deposit Fund held by the"CITY" for
two(2)years. At any time within the two-year period the "DEVELOPER" may receive
the latecomer's fee, without interest, by applying to the"CITY" for that latecomer's fee.
After the expiration of the two-year period, all rights of the "DEVELOPER"to that fee
shall expire, and the "CITY" shall be deemed to be the owner of those funds.
10. When the"CITY" has received the funds for a latecomer's fee, it will:fet*.i *. it fee to
•
the"DEVELOPER"within thirty(30)days of receipt of the fu Funds receivedy
negotiable instrument, such as a check, will be deemed r �0,,* en (10)days a
delivery to the"CITY". Should the "CITY" fail to fo°>. .��s : er's fee to
•
"DEVELOPER"through the"CITY'S" sole, ligence,'' - *;w."CITY" shall pay the
"DEVELOPER" interest on those moni •: i `': .' : twel " %) percent per annum.
•
However, should the"DEVELOPER" not,‘ tli 'informed of its current correct
mailing address, or should3 ELOP�1 be negligent and thus contribute
to the failure of the" g'to 0:: ver the amer's fee, then no interest shall accrue
on late payment of tli. i ,:
1 1. >thorize 4; e lincil, a latecomer's agreement can be granted for a period
of up.,* r . not ttifteltced 15 years. No extensions will be granted beyond the period of
time e• o'bed byCity Council. The latecomer's agreement will expire at the end of the
period oftinieestablished by the City Council.
12. By instituting the latecomer's agreement,the"CITY"does not agree to assume any
responsibility to enforce the latecomer's agreement. The recorded latecomer agreement
will be a matter of public record and will serve as a notice to the owners of the potential
assessment should connection to the improvements be made. The assessment roll listing
the affected properties and the pro-rata potential latecomer charge for each will be on file
lorew
Page 5
PRM27-0030: WYMAN LATECOMER'S AGREEMENT
NIS
with the"CITY". The"DEVELOPER" has responsibility to monitor those parties
connecting to the improvement. Should the "CITY"become aware of such a connection,
it will use its best efforts to collect the latecomer's fee, but shall not incur any liability
should it inadvertently fail to collect the latecomer's fee.
"SII
e 6 .
•
yy.
Page 6
PRM27-0030: WYMAN LATECOMER'S AGREEMENT
CITY OF RENTON
By:
Mayor Kathy Keolker-Wheeler
By:
Bonnie I. Walton, City Clerk
Notary Seal must be within box STATE OF WASHINGTON )SS
COUNTY OF KING )
On this day of .20 , I certify own Elt'iktaiw or have
satisfactory evidence that Kathy Keolker-Wheeler is th,,. , <:;;appeared before
me,and who signed this instrument,on oath stated t ," ,iia = 4ized to execute
the instrument and acknowledged as the Mayof4 e atj of R- C .;be to be the
free and voluntary act of such party for the <, nd purposes matt-440M the
\ram a=1,
instrument. •
Notary Public in, : i .the State ington
Nitire
Notary(Print) 3444
`.
My appointment "
Dat o ,
'
•
Page 7
PRM27-0030: WYMAN LATECOMER'S AGREEMENT
NIS
DEVELOPER
By: By:
INDIVIDUAL FORM OF ACKNOWLEDGMENT
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 he 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 OF ACKNOWLEDGMENT
Notary Seal must be within box STATE OF WASHINGTON )SS
COUNTY OF KING
I certify that I know or have satisfactory ev 'at <
signed this iri" . ,on oath
stated that he/she/they was/were 4 1a
� i„ •, 1tsxecttie the instrumtht and
acknowledged it as the ``Akt `'. and
:;r
of = to-�:`ii= "; _ and voluntary act of such
party/parties for thetvOfnidScposes men � ;ip the instrument.
No = ` " blic in at i or of Washington
— ' aoir4 ment g
tg
€kx A`•CKNOWLEDGMENT
Notary Seal must tte:Iw box v O < GTON
t, a,Y OF KING ss
0.: n t °x day of ,20 ,before me personally appeared
rk ." to me known to
<a;<:'-•
be of the corporation that
executed the within instrument,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 8
N•a' EXHIBIT A
WYMAN LATECOMER(PRM27-0030)
DEVELOPER PROPERTY
LEGAL DESCRIPTION:
Lots 1 - 4, inclusive, Cedar Crest Estates, according to the plat thereof, recorded in Volume
95 of Plats, Page 54, in King County, Washington.
Situate in the Northwest Quarter of Section 14, Township 23 North, Range 5 East, W.M. in
King County, Washington.
`+a,••
EXHIBIT B
WYMAN LATECOMER(PRM27-0030)
LEGAL DESCRIPTION:
The West 595.72 feet of the South Half of the South Half of the Northeast Quarter of the
Northwest Quarter of Section 14, Township 23 North, Range 5 East, W.M. in King County,
Washington.
(ALSO KNOWN AS Parcel A of King County Lot Line Adjustment No. 489033, as recorded
under Recording Number 8408270719.)
Exhibit C
,44...., En
Fir
rBenefited
Property
NE 2nd St.
—"S SE 136th St.
1 Deve oper's I
Pro erty
th • ' ii
o
TN
i 1 0 60 120
1:100
— -1- — Proposed Sewer Extension
City Limits Wyman Latecomer
O Technical Services Agreement Area
Csi.` • Planning/Building/Public Works
K. McFarland (LA-05-003/ PRM27-0030)
.r0 January 2007
EXHIBIT D
CITY OF RENTON
FINAL ASSESSMENT ROLL
WYMAN LATECOMER
Type: Wastewater Utility Improvements $88,016.01
Property Name/Address of Owner Assessment Amount
Identification
Parcel #1 BURNSTEAD CONSTRUCTION CO $45,948.04
11980 NE 24TH ST STE 200
BELLEVUE WA 98005
KC Tax Parcel # 142305-9003
Legal Description: 142305 3 W 595.72 FT OF S 1/2 OF POR OF S 1/2 OF NE 1/4 OF NW 1/4
-AKA PARCEL A OF KC LOT LN ADJ NO 489033 RECORDING NO
8408270719
Form Letters 1/bh Page 1 of 1
CITY OF RENTON COUNCIL AGENDA BILL
AI#:
Submitting Data: Planning/Building/Public Works For Agenda of: February 5, 2007
Dept/Div/Board.. Transportation Systems Division
Staff Contact Dan Hasty, x7246 Agenda Status
Consent X
Subject: Public Hearing..
Correspondence..
2007 Citywide Comprehensive Walkway Study Ordinance
Resolution
Old Business
Exhibits: New Business X
Issue Paper Study Sessions
Mirai Associates, Inc. Consultant Agreement Information
Recommended Action: Approvals:
Legal Dept X
Refer to the Transportation Committee Finance Dept
Other
Fiscal Impact: 317.0009.016.0000.67.000000
Expenditure Required... $ 75,849 Transfer/Amendment
Amount Budgeted 350,000
tits,' Total Project Budget $ 350,000 City Share Total Project.. $ 75,849
SUMMARY OF ACTION:
The 2007 Citywide Comprehensive Walkway Study will build upon the work that was done under the
2003 Comprehensive Citywide Walkway Study that inventoried walkways and identified walkway
needs.
The consultant will update the City's inventory and maps and work with staff and stakeholders to
identify missing links and priority pedestrian destinations. The consultant will make recommendations to
revise the Project Priority Evaluation System by adding a factor for school walking routes identified by
the Renton School District and other resulting adjustments. The project team(key City staff and the
consultant)will amend the prioritization system to rank potential projects. The stakeholders will review
and comment on the prioritization system.
The consultant will also work with the Renton School District to initiate the district's effort to develop a
School Walk Route Study per the School Administrator's Guide to School Walk Routes and Student
Pedestrian Safety.
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the 2007 Citywide Comprehensive Walkway Study
consultant agreement with Mirai Associates, Inc. in the amount of$75,849.00.
R:\File Sys\TRP-Transportation Planning&Programming\Comprehensive Citywide Walkway Study\2007 Update\2007 Walkway Study Update Agenda Bill.doc
�ti` Y O PLANNING/BUILDING/
a PUBLIC WORKS DEPARTMENT
MEMORANDUM
DATE: February 5, 2007
TO: Toni Nelson, Council President
Members of the Renton City Council
VIA: l�Kathy Keolker, Mayo
FROM: Gregg Zimmerma 'Ad"ministrator
STAFF CONTACT: John D. (Dan) Hasty, Transportation Planning (x7246)
SUBJECT: 2007 Citywide Comprehensive Walkway Study
Issue:
Should the Council approve a consultant agreement with Mirai Associates, Inc. in the
amount of$75,849.00?
1410, Recommendation:
Authorize the Mayor and City Clerk to execute the 2007 Citywide Comprehensive
Walkway Study consultant agreement with Mirai Associates, Inc. in the amount of
$75,849.00.
Background:
The 2007 Citywide Comprehensive Walkway Study will build upon the work that was
done in 2003 to inventory walkways and identify walkway needs. The project will
include significant public involvement, including two meetings with the Non-Motorized
Citizen's Advisory Committee, a public open house, and two meetings with the City
Council Transportation/Aviation Committee. Staff from affected City departments will
be actively involved in three staff workshops.
The consultant will update the City's inventory and maps, and work with staff and
stakeholders to identify missing links and priority pedestrian destinations. The consultant
will make recommendations to revise the Project Priority Evaluation System by adding a
factor for school walking routes identified by the Renton School District and other
resulting adjustments. The project team(key City staff and the consultant) will amend
the prioritization system to rank potential projects. The stakeholders will review and
%my comment on the prioritization system.
Toni Nelson,Council President
Members of the Renton City Council
Page 2 of 2
February 5,2007
The consultant will identify the top 100 potential sidewalk projects (or up to $4,000,000
worth of projects, whichever comes first) for implementation. These projects will be
field reviewed for feasibility and project cost refinement.
The consultant will work closely with City staff to develop planning level cost estimates.
A staff workshop will provide a key step in developing these estimates. The consultant
will lead the staff team through a review and update of the City's conceptual design
guidelines for pedestrian facilities. Staff will also be asked to identify any known project
cost drivers (e.g. utilities, soil conditions, steep slopes) that would affect specific project
cost estimates.
The consultant will prepare a draft report for staff, stakeholder, and public review, and
produce the final 2007 Citywide Comprehensive Walkway Study.
cc: Jay Covington,Chief Administrative Officer
Peter Hahn,Deputy PBPW Administrator—Transportation
Jim Seitz,Transportation Planning&Programming Supervisor
Dan Hasty,Transportation Planning Project Manager
Connie Brundage,Transportation Administrative Secretary
*4010
h:\file sys\trp-transportation planning&programming\comprehensive citywide walkway study\2007 update\2007
walkway study issue paper.doc
Consultant/Address/Telephone
Local Agency Mirai Associates,Inc.
Standard Consultant 11410 NE 122nd Way,Suite 320
Agreement Kirkland,WA 98034
®Architectural/Engineering Agreement
D Personal Services Agreement 425 820-0100
Agreement Number Project Title And Work Description
City of Renton Comprehensive Walkway Study-
2007
Federal Aid Number
Agreement Type(Choose one)
0 Lump Sum
Lump Sum Amount $
®Cost Plus Fixed Fee DBE Participation
Overhead Progress Payment Rate 123.14 % ®Yes 0 No 85
Overhead Cost Method Federal ID Number or Social Security Number
❑Actual Cost 91-1921931
Do you require a 1099 for IRS? Completion Date
❑Actual Cost Not To Exceed °° 0 Yes ®No September 30,2007
®Fixed Rate 123.14
Fixed Fee $ 7,575.44
Now" Specific Rates Of Pay Total Amount Authorized $
75 850.00
❑
❑Negotiated Hourly Rate Management Reserve Fund$
❑Provisional Hourly Rate Maximum Amount Payable$ 75,850.00
❑Cost Per Unit of Work
•
Index of Exhibits
Exhibit"A"-Scope of Work
Exhibit"B"-DBE Participation
Exhibit"D"-Payment(by Agreement Type)
Exhibit"E"-Consultant Fee Determination
Exhibit"F"-Breakdown of Overhead Cost
Exhibit"G"-Subcontract Work/Fee Determination
Exhibit"H"—Title VI Assurances
Exhibit"I"—Payment Upon Termination of Agreement
Exhibit"J" Alleged Consultant Design Error Procedures
Exhibit"K"--Consultant Claim Procedures �J
xhil3it"L" Liability „ ;.ranee- tease
Exhibit"M”—Certification Documents
THIS AGREEMENT,made and entered into this day of , 2007 ,
between the Local Agency of City of Renton ,Washington,hereinafter called the"AGENCY",
and the above organization hereinafter called the"CONSULTANT".
DOT Form 140-089 EF Page 1 of 8
Revised 6105
•
WITNESSETH THAT: •
•
WHEREAS,the AGENCY desires to accomplish the above referenced project,and •
WHEREAS,the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it
advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT;
and
WHEREAS,the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to
professional registration,if applicable,and has signified a willingness to furnish Consulting services to the AGENCY,
NOW THEREFORE,in consideration of the terms,conditions,covenants and performance contained herein,or attached
and incorporated and made a part hereof,the parties hereto agree as follows:
I General Description of Work
The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary
to accomplish the completed work for this PROJECT.The CONSULTANT shall furnish all services,labor,and related
equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT.
II Scope of Work
The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit"A"attached hereto and
by this reference made a part of this AGREEMENT.
III General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies,groups,or individuals shall receive
advance approval by the AGENCY.Necessary contacts and meetings with agencies,groups,and/or individuals shall be
coordinated through the AGENCY.The CONSULTANT shall attend coordination,progress and presentation meetings
with the AGENCY and/or such Federal,State,Community,City or County officials,groups or individuals as may be
requested by the AGENCY.The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring
CONSULTANT participation.The minimum required hours or days notice shall be agreed to between the AGENCY and
the CONSULTANT and shown in Exhibit"A."
The CONSULTANT shall prepare a monthly progress report,in a form approved by the AGENCY,which will outline in
written and graphical form the various phases and the order of performance of the work in sufficient detail so that the
progress of the work can easily be evaluated.
The CONSULTANT,and each SUBCONSULTANT,shall not discriminate on the basis of race,color,national origin,or
sex in the performance of this contract.The CONSULTANT,and each SUB CONSULTANT,shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts.Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the
termination of this AGREEMENT.
Participation for Disadvantaged Business Enterprises(DBE),if required,per 49 CFR Part 26,or participation of Minority
Business Enterprises(MBE),and Women Business Enterprises(WBE),shall be shown on the heading of this
AGREEMENT.If D/M/WBE firms are utilized,the amounts authorized to each firm and their certification number will be
shown on Exhibit"B"attached hereto and by this reference made a part of this AGREEMENT.If the Prime
CONSULTANT is a DBE firm they must comply with the Commercial Useful Function(CUF)regulation outlined in the
AGENCY'S"DBE Program Participation Plan".The mandatory DBE participation goals of the AGREEMENT are those
established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the
AGENCY.
All Reports,PS&E materials,and other data furnished to the CONSULTANT by the AGENCY shall be returned.All
electronic files,prepared by the CONSULTANT,must meet the requirements as outlined in Exhibit"C."
All designs,drawings,specifications,documents,and other work products, including all electronic files,prepared by the
CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT,
and are the property of the AGENCY.Reuse by the AGENCY or by others,acting through or on behalf of the AGENCY
of any such instruments of service,not occurring as a part of this PROJECT,shall be without liability or legal exposure to
the CONSULTANT. '
Page 2 of 8
•
IV Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the
AGENCY.
All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under
completion date.
The established completion time shall not be extended because of any delays attributable to the CONSULTANT,but
may be extended by the AGENCY in the event of a delay attributable to the AGENCY,or because of unavoidable
delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT.
A prior supplemental agreement issued by the AGENCY is required to extend the established completion time.
V Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided in Exhibit"D"attached hereto,and by reference made part of this AGREEMENT.Such
payment shall be full compensation for work performed or services rendered and for all labor,materials,supplies,
equipment,and incidentals necessary to complete the work.The CONSULTANT shall conform to all applicable
portions of 48 CFR Part 31.
A post audit may be performed on this AGREEMENT.The need for a post audit will be determined by the State
Auditor,WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager.
VI Sub-Contracting
The AGENCY permits sub-contracts for those items of work as shown in Exhibit"G"attached hereto and by this
reference made part of this AGREEMENT.
Compensation for this sub-consultant work shall be based on the cost factors shown on Exhibit"G."
The work of the sub-consultant shall not exceed its maximum amount payable unless a prior written approval has been
issued by the AGENCY.
'qtr✓
All reimbursable direct labor,overhead,direct non-salary costs and fixed fee costs for the sub-consultant shall be
substantiated in the same manner as outlined in Section V.All sub-contracts shall contain all applicable provisions of
this AGREEMENT.
With respect to sub-consultant payment,the CONSULTANT shall comply with all applicable sections of the Prompt
Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior
written permission of the AGENCY.No permission for sub-contracting shall create,between the AGENCY and
sub-contractor,any contract or any other relationship.A DBE certified sub-consultant is required to perform a
minimum amount of their sub-contracted agreement that is established by the WSDOT Highways and Local Programs
Project Development Engineer in consultation with the AGENCY.
VII Employment
The CONSULTANT warrants that they have not employed or retained any company or person,other than a bona fide
employee working solely for the CONSULTANT, to solicit or secure this contract,and that it has not paid or agreed to
pay any company or person,other than a bona fide employee working solely for the CONSULTANT,any fee,
commission,percentage,brokerage fee,gift,or any other consideration,contingent upon or resulting from the award or
making of this contract.For breach or violation of this warrant,the AGENCY shall have the right to annul this
AGREEMENT without liability or,in its discretion,to deduct from the AGREEMENT price or consideration or
otherwise recover the full amount of such fee,commission,percentage,brokerage fee,gift,or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or
services required of the CONSULTANT under this AGREEMENT,shall be considered employees of the
CONSULTANT only and not of the AGENCY,and any and all claims that may arise under any Workmen's
Compensation Act on behalf of said employees or other persons while so engaged,and any and all claims made by a
Page 3 of 8
third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons
while so engaged on any of the work or services provided to be rendered herein,shall be the sole obligation and
responsibility of the CONSULTANT.
The CONSULTANT shall not engage,on a full-or part-time basis,or other basis,during the period of the contract,any Nood
professional or technical personnel who are,or have been,at any time during the period of the contract,in the employ
of the United States Department of Transportation,or the STATE,or the AGENCY,except regularly retired employees,
without written consent of the public employer of such person.
VIII Nondiscrimination
During the performance of this contract,the CONSULTANT,for itself,its assignees,and successors in interest agrees
to comply with the following laws and regulations:
Title VI of the Civil Rights Act of 1964
(42 USC Chapter 21 Subchapter V Section 2000d through 2000d-4a)
Federal-aid Highway Act of 1973
(23 USC Chapter 3 Section 324)
Rehabilitation Act of 1973
(29 USC Chapter 16 Subchapter V Section 794)
Age Discrimination Act of 1975
(42 USC Chapter 76 Section 6101 et seq.)
Civil Rights Restoration Act of 1987
(Public Law 100-259)
American with Disabilities Act of 1990
(42 USC Chapter 126 Section 12101 et.seq.)
49 CFR Part 21 tirr
23 CFR Part 200
RCW 49.60.180
In relation to Title VI of the Civil Rights Act of 1964,the CONSULTANT is bound by the provisions of Exhibit"H"
attached hereto and by this reference made part of this AGREEMENT,and shall include the attached Exhibit"H"in
every sub-contract,including procurement of materials and leases of equipment,unless exempt by the Regulations or
directives issued pursuant thereto.
IX Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten(10)days written notice to
the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the
CONSULTANT,a final payment shall be made to the CONSULTANT as shown in Exhibit"I"for the type of
AGREEMENT used.
No payment shall be made for any work completed after ten(10)days following receipt by the CONSULTANT of the
Notice to Terminate.If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds
the total amount that would be due when computed as set forth herein above,then no final payment shall be due and the
CONSULTANT shall immediately reimburse the AGENCY for any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
Page 4 of 8
In such an event,the amount to be paid shall be determined by the AGENCY with consideration given to the actual
costs incurred by the CONSULTANT in performing the work to the date of termination,the amount of work originally
required which was satisfactorily completed to date of termination,whether that work is in a form or a type which is .
rrrr usable to the AGENCY at the time of termination,the cost to the AGENCY of employing another firm to complete the
work required and the time which may be required to do so,and other factors which affect the value to the AGENCY of
the work performed at the time of termination.
Under no circumstances shall payment made under this subsection exceed the amount,which would have been made
using the formula set forth above.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to
perform is without the CONSULTANT'S or it's employee's default or negligence,the termination shall be deemed to
be a termination for the convenience of the AGENCY. In such an event,the CONSULTANT would be reimbursed for
actual costs in accordance with the termination for other than default clauses listed previously.
In the event of the death of any member,partner or officer of the CONSULTANT or any of its supervisory personnel
assigned to the PROJECT,or dissolution of the partnership,termination of the corporation,or disaffiliation of the
principally involved employee,the surviving members of the CONSULTANT hereby agree to complete the work under
the terms of this AGREEMENT,if requested to do so by the AGENCY.This subsection shall not be a bar to
renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY,if the
AGENCY so chooses.
In the event of the death of any of the parties listed in the previous paragraph,should the surviving members of the
CONSULTANT,with the AGENCY'S concurrence,desire to terminate this AGREEMENT,payment shall be made as
set forth in the second paragraph of this section.
Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of
any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT,or for
failure of the CONSULTANT to perform work required of it by the AGENCY.Forbearance of any rights under the
AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or
omission by the CONSULTANT.
X Changes of Work
The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary
to correct errors appearing therein,when required to do so by the AGENCY,without additional compensation thereof.
Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts
thereof changed or revised,the CONSULTANT shall make such revisions as directed by the AGENCY.This work shall
be considered as Extra Work and will be paid for as herein provided under Section XIV.
XI Disputes
Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the
CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY
Engineer,whose decision in the matter shall be final and binding on the parties of this AGREEMENT;provided,
however,that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision,that
decision shall be subject to de novo judicial review.If the parties to this AGREEMENT mutually agree,disputes
concerning alleged design errors will be conducted under the procedures found in Exhibit"J",and disputes concerning
claims will be conducted under the procedures found in Exhibit"K".
XII Venue,Applicable Law, and Personal Jurisdiction
In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation
under this AGREEMENT,the parties hereto agree that any such action shall be initiated in the Superior court of the
State of Washington,situated in the county in which the AGENCY is located.The parties hereto agree that all questions
shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal
from such decisions of the Superior court in accordance with the laws of the State of Washington.The CONSULTANT
hereby consents to the personal jurisdiction of the Superior court of the State of Washington,situated in the county in
which the AGENCY is located.
Nitre
Page 5 of 8
•
•
XIII Legal Relations
The CONSULTANT shall comply with all Federal,State,and local laws and ordinances applicable to the work to be •
done under this AGREEMENT.This contract shall be interpreted and construed in accordance with the laws of the '
State of Washington.
The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless
from and shall process and defend at its own expense all claims,demands,or suits at law or equity arising in whole or in
part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT;provided that
nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the
AGENCY or the STATE from claims,demands or suits based solely upon the conduct of the AGENCY or the STATE,
their agents,officers and employees;and provided further that if the claims or suits are caused by or result from the
concurrent negligence of(a)the CONSULTANT'S agents or employees,and(b)the AGENCY or the STATE,their
agents,officers and employees,this indemnity provision with respect to(1)claims or suits based upon such negligence
(2)the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to
the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees.
The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor.
The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws,including RCW 42.23,
which is the Code of Ethics for regulating contract interest by municipal officers.The CONSULTANT specifically
assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and,
solely for the purpose of this indemnification and defense,the CONSULTANT specifically waives any immunity under
the state industrial insurance law,Title 51 RCW.
Unless otherwise specified in the AGREEMENT,the AGENCY shall be responsible for administration of construction
contracts,if any,on the PROJECT.Subject to the processing of a new sole source,or an acceptable supplemental
agreement,the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration.By
providing such assistance,the CONSULTANT shall assume no responsibility for:proper construction techniques,job
site safety,or any construction contractor's failure to perform its work in accordance with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT,or as otherwise required,
Noose
the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to
Title 48 RCW.
Insurance Coverage
A.Worker's compensation and employer's liability insurance as required by the STATE.
B.Commercial general liability and property damage insurance in an aggregate amount not less than two million
dollars($2,000,000)for bodily injury,including death and property damage.The per occurrence amount shall
not exceed one million dollars($1,000,000).
C.Vehicle liability insurance for any automobile used in an amount not less than a one million dollar($1,000,000)
combined single limit.
Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the
CONSULTANT,the AGENCY will be named on all policies as an additional insured.The CONSULTANT shall
furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT.The AGENCY
reserves the right to require complete,certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington.The
CONSULTANT shall submit a verification of insurance as outlined above within fourteen(14)days of the execution of
this AGREEMENT to the AGENCY.
No cancellation of the foregoing policies shall be effective without thirty(30)days prior notice to the AGENCY.
The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this
AGREEMENT or one million($1,000,000)dollars,whichever is the greater,unless modified by Exhibit"L".In no
case shall the CONSULTANT'S professional liability to third parties be limited in any way.
Page 6 of 8
The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this
section.This remedy is not exclusive;and the AGENCY and the STATE may take such other action as is available to it
under other provisions of this AGREEMENT,or otherwise in law.
`err
XIV Extra Work
A.The AGENCY may at any time,by written order,make changes within the general scope of the AGREEMENT in
the services to be performed.
B.If any such change causes an increase or decrease in the estimated cost of,or the time required for,performance of
any part of the work under this AGREEMENT,whether or not changed by the order,or otherwise affects any other
terms and conditions of the AGREEMENT,the AGENCY shall make an equitable adjustment in the(1)maximum
amount payable;(2)delivery or completion schedule,or both;and(3)other affected terms and shall modify the
AGREEMENT accordingly.
C.The CONSULTANT must submit any"request for equitable adjustment",hereafter referred to as"CLAIM",under
this clause within thirty(30)days from the date of receipt of the written order.However,if the AGENCY decides
that the facts justify it,the AGENCY may receive and act upon a CLAIM submitted before final payment of the
AGREEMENT.
D.Failure to agree to any adjustment shall be a dispute under the Disputes clause.However,nothing in this clause
shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E.Notwithstanding the terms and conditions of paragraphs(A)and(B)above,the maximum amount payable for this
AGREEMENT,shall not be increased or considered to be increased except by specific written supplement to this
AGREEMENT.
XV Endorsement of Plans
If applicable,the CONSULTANT shall place their endorsement on all plans,estimates,or any other engineering data
furnished by them.
XVI Federal and State Review
The Federal Highway Administration and the Washington State Department of Transportation shall have the right to
participate in the review or examination of the work in progress.
XVII Certification of the Consultant and the Agency
Attached hereto as Exhibit"M-1(a and b)"are the Certifications of the CONSULTANT and the AGENCY,Exhibit
"M-2"Certification Regarding Debarment,Suspension and Other Responsibility Matters-Primary Covered
Transactions,Exhibit"M-3"Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and
Exhibit"M-4"Certificate of Current Cost or Pricing Data.Exhibit"M-3"is required only in AGREEMENTS over
$100,000 and Exhibit"M-4"is required only in AGREEMENTS over$500,000.
XVIII Complete Agreement
This document and referenced attachments contain all covenants,stipulations,and provisions agreed upon by the
parties.No agent,or representative of either party has authority to make,and the parties shall not be bound by or be
liable for,any statement,representation,promise or agreement not set forth herein.No changes,amendments,or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to
this AGREEMENT.
XIX Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts,each of which shall be deemed to be an
original having identical legal effect.The CONSULTANT does hereby ratify and adopt all statements,representations,
warranties,covenants,and agreements contained in the proposal,and the supporting material submitted by the
CONSULTANT,and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof.
Page 7 of 8
In witness whereof,the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date"box on page one(1)of this AGREEMENT.
*44.0
By -yy) • • By
Consultant Mirai Associates, Inc. Agency City of Renton
'.4409
Noar0
DOT Form 140-089 EF
Revised 6/05 Page 8 of 8
iiTai
Transportation
Nits, Planning G.
Engin aaririg
Exhibit A
Scope of Work
CITY OF RENTON COMPREHENSIVE WALKWAY STUDY- 2007
SCOPE OF WORK
The 2007 Citywide Comprehensive Walkway Study will build upon the work done in 2003 in the
City to inventory walkways and identify walkway needs. The project will include significant
public involvement, including two Meetings with the Non-Motorized Citizen's Advisory
Committee, two Public Open Houses and two meetings with the City Council Transportation
Committee. City staff from affected departments will be actively involved through three staff
workshops. The Highlands Elementary School has been identified by the Renton School district
Transportation Department as a pilot school to prepare School Walk Route maps to guide
children to school. School walk route maps will be prepared for the Highlands School in
accordance with the School Administrator's Guide to School Walk Routes and Student
Pedestrian Safety, July 2003,Washington Traffic Safety Commission. The Project Priority
Evaluation System will be revised to reflect school walk route considerations.
The consultant will update the City's inventory and maps and work with staff and stakeholders to
identify missing links and priority pedestrian destinations. The consultant will prepare School
Walking Route maps for the Highlands Elementary School. The consultant will make
recommendations to revise the Project Priority Evaluation system by adding a factor for School
Walking Routes identified by the Renton School District and other resulting adjustments. The
project team (key city staff and the consultant) will amend the prioritization system to rank
potential projects. The Stakeholders will review and comment on the prioritization system.
The consultant will identify the top 100 potential sidewalk projects (or up to$4,000,000 worth of
projects, whichever comes first) for implementation. These projects will be field reviewed for
feasibility and project cost refinement.
The consultant will work closely with city staff to develop planning level cost estimates. A staff
workshop will provide a key step in developing these estimates. The consultant will lead the
staff team through a review and update of the City's conceptual design guidelines for pedestrian
facilities. Staff will also be asked to identify any known project cost drivers (e.g. utilities, soil
conditions, steep slopes) that would affect specific project cost estimates.
The consultant will prepare a draft report for staff, stakeholder and public review and produce
the final Comprehensive Walkway Study.
C:Documents and Settings\Vic\My Documents\-PROPOSALSSR06 RentonlRenton Walk O6yRenton Walkways 2007 Scope of Wk Contract.doc
•
Comprehensive Walkway Study—2007
Scope of Work
January 23, 2007
Page 2
TASK LIST
Task 1. Project Management
The consultant will prepare and regularly update a project schedule with relevant project tasks
and milestones. The City will create a Stakeholder's committee and arrange for meeting times
and locations.The City will organize regular project team meetings and schedule staff
workshops. Invoicing and other project management activities are included in this Task.
Deliverables: project schedule, meeting agendas and notes, project invoices
Task 2. Update Inventory and Maps
The inventory of existing sidewalks and walkways will be updated based on the 2005 and 2006
pavement management inventory provided by the City. The consultant will obtain locations of
potential walkway changes since the 2005/2006 inventory from appropriate city staff for
development permit frontage improvements, maintenance projects, Capital Improvement
Program projects, ADA program projects and annexation areas. The Pavement Management
inventory data has been compiled in a way that is compatible with a GIS database. The entire
City was inventoried in 2005 and the Arterial Street System was updated in 2006. The most
recent data available will be used for the inventory. The consultant will prepare a map of the
city streets showing the locations of sidewalks and wheel chair ramps.
Deliverables: Updated map of sidewalk and ramp locations; updated walkway inventory
Task 3. Identify Pedestrian Destinations and Gaps in the System
Using the inventory and discussions with staff and stakeholders, the consultant will identify gaps
in the system and key pedestrian destinations, including schools and school walking routes,
parks, senior citizen centers, civic facilities, transit transfer centers, routes and stops.
Deliverables: Staff workshop#1; list of key pedestrian destinations; map of gaps in the system
Task 4. Prepare a School Walk Route Map for the Highlands Elementary School
The consultant will prepare a School Walk Route map for the Highlands Elementary School
following steps 2-7 as identified in Chapter Five, Ten Steps for Developing and Maintaining
School Walk Routes of the school Administrator's Guide to School Walk routes and Student
Pedestrian Safety. A base map will be prepared, existing walking and traffic conditions
inventoried, walk routes designed and prepared on a map and reviewed with the district and
community officials. A meeting with the Principal, PTA, Public Works and other stakeholders
will be held early in the map development process to identify local walking issues.
Deliverables: Base map, School meeting, School Walk Route Map
C:\Documents and Seitings\Vic\My Documents\-PROPOSALS\R06 Renton\Renton Walk 06\Renton Walkways 2007 Scope of Wk Contract.doc
Comprehensive Walkway Study—2007 •
Na"" Scope of Work
January 23, 2007
Page 3
Task 5. Revise Prioritization Criteria and Weights
The consultant will work with the project team to revise the prioritization criteria and relative
weights, based on the goals and policies in the Transportation Element of the Comprehensive
Plan. School Walk Route considerations will be included. The Staff will review and comment
on the draft criteria and weights. An Open House for the public to review and comment on the
prioritization criteria will be scheduled in this task.
Deliverables: Weighted prioritization criteria; Public Open House #1
Task 6. Create Preliminary Priority List
The consultant will prepare a preliminary priority list of improvement projects and policy
recommendations for staff and public review and comment. The list will identify the top 100
projects by ranking (or the projects that represent$4,000,000, whichever list is shorter). The
consultant will prepare preliminary project costs based on an updated version to the 2003
estimated costs. This task will include a staff workshop, a meeting with the Non-Motorized
Citizen's Advisory Committee.
Deliverables: Staff workshop#2; preliminary priority list of improvements; Advisory Committee
meeting #1.
Task 7. Walkway Project Review and Refinement
The consultant will review each of the identified projects of Task 5 utilizing available aerial
photography and/or field visits to refine the potential improvements required. The consultant will
conduct a staff workshop to review and update the City's existing conceptual design guidelines
for the City's walkway system. Workshop participants will be asked to identify any known
project cost drivers at specific locations. The consultant will develop refined cost estimates for
the preliminary priority list of improvements. The Consultant will meet with the Non-Motorized
Citizen's Advisory Committee and the City Council Transportation committee.
Deliverables: Updated conceptual design guidelines; staff workshop #3; refined cost estimates
for preliminary priority list of improvements, meetings with the Advisory Committee and the
Council Committee.
Task 8. Prepare Draft Project Report
The consultant will prepare a draft report for review and comment by city staff and the public.
The consultant will present key recommendations at Public Open House #2.
Deliverables: draft project report, Public Open House
C:1Documents and Settings\Vic\My Documentsl-PPOPOSALS\RO6 Renton\Renton Walk 061Renton Walkways 2007 Scope of Wk Contract.doc
Comprehensive Walkway Study—2007
Scope of Work 'S
January 23, 2007
Page 4
Task 9. Finalize Recommendations and Prepare Final Report
The consultant will submit the draft report to the City staff for review comments prior to
producing the final 2007 Comprehensive Walkway Study report. The consultant will present the
Final Report to the City Council Transportation Committee and deliver twenty-five hard copies
and 1 CD of the final report.
Deliverables: Council committee presentation, 25 hard copies; 1 CD of Final Report
C:1Documents and Settings\Vc\My Documents\-PROPOSALS1R06 Renton Renton Walk 06\Renton Walkways 2007 Scope of Wk Contract.doc
� Washington State
Disadvantaged Business
�I/ Department of Transportation Enterprise Utilization Certification
To be eligible for award of this contract the bidder must fill out and submit,as part of its bid proposal,the following
Now' Disadvantaged Business Enterprise Utilization Certification relating to Disadvantaged Business Enterprise(DBE)
requirements.The Contracting Agency shall consider as non-responsive and shall reject any bid proposal that does not
contain a DBE Certification which properly demonstrates that the bidder will meet the DBE participation requirements in one
of the manners provided for in the proposed contract.The successful bidder's DBE Certification shall be deemed a part of
the resulting contract. Information on certified firms is available from OMWBE,telephone 360-753-9693.
Mirai Associates, Inc. certifies that the Disadvantaged Business
Name of Bidder
Enterprise(DBE)Firms listed below have been contacted regarding participation on this project. If this bidder is successful
on this project and is awarded the contract,it shall assure that subcontracts or supply agreements are executed with those
firms where an"Amount to be Applied Towards Goal"is listed. (If necessary, use additional sheet.)
Project Role * **
Amount to
Name of DBE (Prime,Joint Venture.
Certificate Number Subcontractor, Description of Work be Applied
Manufacturer,Regular Towards Goal
Dealer,Service Provider)
1. Mirai Associates, Inc. Prime Project Manangetnent, 64,630.00
D4M23I6675 Technical Work,Public Inv.
2.
3.
4.
Niue
5.
6.
7.
8.
9.
10.
Disadvantaged Business Enterprise Subcontracting Goal: DBE Total$ 64,630.00***
* Regular Dealer status must be approved by the Office of Equal Opportunity,Wash.State Dept.of Transportation, on each contract.
** See the section"Counting DBE Participation Toward Meeting the Goal"in the Contract Document.
*** The Contracting Agency will utilize this amount to determine whether or not the bidder has met the goal or the average goal attainment
of all bidders.In the event of an arithmetic difference between this total and the sum of the individual amounts listed above,then the sum
of the amounts listed shall prevail and the total will be revised accordingly.
DOT Form 140-089 EF Exhibit 8-1 (DOT Form 272-056 EF
Revised 6105 Revised 6/2004)
•
Exhibit D-2 •
Payment (Cost Plus a Fixed Fee)
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services
rendered and for all labor,materials,supplies,equipment,and incidentals necessary to complete the work
specified in Section II,"Scope of Work."The CONSULTANT shall conform to all applicable portions of 48
CFR Part 31.
A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the
CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost,
overhead,direct non-salary costs,and fixed fee.
1. Direct Salary Costs: The Direct Salary Cost is the direct salary paid to principals,
professional,technical,and clerical personnel for the time they are productively
engaged in work necessary to fulfill the terms of this AGREEMENT. The
CONSULTANT shall maintain support data to verify the direct salary costs billed
to the AGENCY.
2. Overhead Costs: Overhead Costs are those costs other than direct costs,which are
included as such on the booksof the CONSULTANT in the normal everyday
keeping of its books.Progress payments shall be made at the rateshown in the
heading of this AGREEMENT under"Overhead Progress Payment Rate."Total
overhead paymentshall be based on the method shown in the heading of the
AGREEMENT.The two options are explained as follows:
a. Fixed Rate: If this method is indicated in the heading of the AGREEMENT the
AGENCY agrees to reimburse the CONSULTANT for overhead at the
percentage rate shown.This rate shall not change during the life of the
AGREEMENT.
b. Actual Cost: If this method is indicated in the heading of the AGREEMENT the
AGENCY agrees to reimburse the CONSULTANT the actual overhead costs
verified by audit,up to the Maximum Total Amount Payable,authorized under
this AGREEMENT,when accumulated with all other Actual Costs.
A summary of the CONSULTANTS cost estimate and the overhead
computation is shown in Exhibit"E"attached hereto and by this reference made
part of this AGREEMENT. When an Actual Cost method is used, the
CONSULTANT(prime and all sub-consultants)will submit to the AGENCY
within six(6)months after the end of each firm's fiscal year,an overhead
schedule in the format required by the AGENCY (cost category,dollar
expenditures,etc.) for the purpose of adjusting the overhead rate for billing
purposes. It shall be used for the computation of progress payments during the
following year and for retroactively adjusting the previous year's overhead cost
to reflect the actual rate.
DOT Form 140-089 EF Exhibit D•2
Revised 6/05
Failure to supply this information by either the prime CONSULTANT or any of their
sub-consultants shall cause the AGENCY to withhold payment of the billed overhead
costs until such time as the required information is received and an overhead rate for
`' sr' billing purposes is approved.
The AGENCY,STATE and/or the Federal Government may perform an audit of the
CONSULTANT'S books andrecords at any time during regular business hours to
determine the actual overhead rate, if they so desire.
3. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual
Cost to the CONSULTANT.These charges may include,but are not limited to, the
following items: travel,printing,long distance telephone, supplies,computer charges
and fees of sub-consultants.Air or train travel will be reimbursed only to economy
class levels unless otherwise approved by the AGENCY. The CONSULTANT shall
comply with the rules and regulations regarding travel costs(excluding air, train,and
rental car costs)in accordance with the AGENCY'S Travel Rules and Procedures.
However,air,train,and rental car costs shall be reimbursed in accordance with 48
Code of Federal Regulations(CFR)Part 31.205-46"Travel Costs."The billing for
Direct Non-Salary Costs shall include an itemized listing of the charges directly
identifiable with the PROJECT. The CONSULTANT shall maintain the original
supporting documents in their office. Copies of the original supporting documents
shall be supplied to the AGENCY upon request. All above charges must be necessary
for the services provided under this AGREEMENT.
4. Fixed Fee: The Fixed Fee,which represents the CONSULTANT'S profit, is shown in
the heading of this AGREEMENT under Fixed Fee.This amount does not include any
additional Fixed Fee,which could be authorized from the Management Reserve Fund.
This fee is based on the Scope of Work defined in this AGREEMENT and the
+go,, estimated person-hours required to perform the stated Scope of Work. In the event the
CONSULTANT enters into a supplemental AGREEMENT for additional work,the
supplemental AGREEMENT may include provisions for the added costs and an
appropriate additional fee. The Fixed Fee will be prorated and paid monthly in
proportion to the percentage of work completed by the CONSULTANT and reported
in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed
Fee earned but not previously paid in the progress payments will be covered in the
final payment,subject to the provisions of Section IX entitled"Termination of
Agreement."
5. Management Reserve Fund:The AGENCY may desire to establish a Management
Reserve Fund to provide the Agreement Administrator with the flexibility to authorize
additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing
the CONSULTANT for additional work beyond that already defined in this
AGREEMENT. Such authorization(s)shall be in writing and shall not exceed the
lesser of$100,000 or 10%of the Total Amount Authorized as shown in the heading
of this AGREEMENT.The amount included for the Management Reserve Fund is
shown in the heading of this AGREEMENT. This fund may not be replenished. Any
changes requiring additional costs in excess of the Management Reserve Fund shall
be made in accordance with Section XIV, "Extra Work."
6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the
AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the
amount shown in the heading of this AGREEMENT.The Maximum Total Amount .
Payable is comprised of the Total Amount Authorized,and the Management Reserve
Fund.The Maximum Total Amount Payable does not include payment for Extra
Work as stipulated in Section XIV,"Extra Work."No minimum amount payable is
guaranteed under this AGREEMENT.
B. Monthly Progress Payments:The CONSULTANT may submit billings to the AGENCY for
reimbursement of Actual Costs plus the calculated overhead and fee on a monthly basis during the
progress of the work. Such billings shall be in a format approved by the AGENCY and
accompanied by the monthly progress reports required under Section III,"General Requirements"
of this AGREEMENT.The billings will be supported by an itemized listing for each item
including Direct Salary,Direct Non-Salary,and allowable Overhead Costs to which will be added
the prorated Fixed Fee.To provide a means of verifying the billed salary costs for
CONSULTANT employees,the AGENCY may conduct employee interviews. These interviews
may consist of recording the names,titles,salary rates,and present duties of those employees
performing work on the PROJECT at the time of the interview.
C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned
will be made promptly upon its verification by the AGENCY after the completion of the work
under this AGREEMENT,contingent upon receipt of all PS&E,plans,maps,notes,reports,
electronic data and other related documents which are required to be furnished under this
AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a
release of all claims for payment,which the CONSULTANT may have against the AGENCY
unless such claims are specifically reserved in writing and transmitted to the AGENCY by the
CONSULTANT prior to its acceptance. Said Final Payment shall not,however,be a bar to any
claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY
may pursue with respect to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and
at the time of final audit,all required adjustments will be made and reflected in a final payment. In
the event that such final audit reveals an overpayment to the CONSULTANT, the
CONSULTANT will refund such overpayment to the AGENCY within thirty(30)days of notice
of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any
claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT
has twenty(20)days after receipt of the final POST AUDIT to begin the appeal process to the
AGENCY for audit findings.
D. Inspection of Cost Records:The CONSULTANT and their sub-consultants shall keep available
for inspection by representatives of the AGENCY,STATE and the United States, for a period of
three(3)years after receipt of final payment,the cost records and accounts pertaining to this
AGREEMENT and all items related to or bearing upon these records with the following
exception: if any litigation,claim or audit arising out of,in connection with,or related to this
contract is initiated before the expiration of the three(3) year period,the cost records and accounts
shall he retained until such litigation,claim,or audit involving the records is completed.
( (r- ( .
1:25!2007
Exhibit E
Consultant Fee Determination
Mirai Associates,Inc.
Project: City of Renton Comprehensive Walkway Study,2007 $ 75549
Dale 1/25/2007
Position Vic Principle John Project Howarc planner Ginny Senior Jenny Gwen Support Project
Bishop in charge Davies Manager Wu Brix Planner Peterson Allen Yukari Administrator Total Task Cost
RaieiHr Hoursf S 65.88 Hours i S 39.88 Hours- $31.25 Hours 1 S 34.59 Howl 1 S 24.15 Hous i$17.68 Hoots 1 S 24.31 Hours 1 Dollars
No. Task
S - 5 - 5 - S • 5 - S - 5 - 0.0 S -
Task1 Project management 17 S 1.120 20 S 798 S - S • S - 12 S 212 8 S 194 57.0 S 2,324.20 $ 5,883
Task2 Update Inv.&Maps S - S - S - $ - 5 - $ - S - 0.0 S -
Inventory 2 S 132 4 5 160 8 S 250 S - S - $ - $ - 14.0 S 541.28
Maps S - 10 S 399 80 S 2,500 8 5 277 24 S 580 $ - 8 $ 194 130.0 $ 3,949 60 S 11,368
Task 3 Ped Destinations&Gaps S - $ - S - S - 5 - S - S • 0.0 S -
Staff Wksp 1 3 $ 198 4 S 160 S - 8 $ 277 S - $ - 5 - 15.0 $ 633.88
destinations S - 4 S 160 16 S 500 4 S 138 8 5 193 5 - $ • 32.0 S 991.08
Map of gaps $ - 2 S 80 8 S 250 S - $ - $ - S - 10.0 S 329.76 $ 4,948
Task 4 School Walk Route Map
Prepare Base Maps 2 S 132 5 - 4 5 125 5 - S $ - i $ • 6.0 S 256.76
Meet with School Staff 4 5 264 S - 4 $ 125 6 S 208 $ - S - 4 S 97 18,0 $ 693.30
Inventory Data 2 S 132 4 S 160 S • 6 $ 208 50 S 1,208 S • S - 62.0 S 1,706.32
Design and Prepare map 4 S 264 6 $ 239 6 S 188 6 S 208 10 S 242 S • $ - 32.0 5 1,139.34 $ 9,608
Tasks Revise Prioritization Cr. 2 S 132 6 S 239 5 - 4 6 138 $ - S - S • 12 0 S 509.40
Public Open House#1 4 S 264 5 $ 199 S - 8 $ 277 S - S • 6 $ 146 23 0 S 885.50 $ 3,531
Task 6 Prelim Priority List S - $ • S - S • S - 5 - S - 0.0 S
Staff Wkshp 2 3 $ 198 4 $ 160 $ • 6 S 208 S - S - S - 13.0 $ 564 70
Prelim list 2 S 132 8 $ 319 S • $ - $ - S • S - 10.0 $ 450.80
Advis.Comm.#1 3 S 198 4 $ 160 S - $ - S - S - S - 7.0 S 357.16 $ 3,475
Task 7 Project Review&refin $ - $ - S - S - S - $ • $ • 0.0 $
Review Identified Projects 4 S 264 8 S 319 S - 4 S 138 80 S1,932 $ - 8 S 194 104.0 S 2,847.40
Concept Design Guidelines 2 S 132 S - S - S - $ • 5 - 6 S 146 8.0 $ 277.62
Staff W ksp 3 3 S 198 4 $ 160 S - 6 $ 208 $ - S - S - 13.0 S 564 70
Cost Estimates 2 S 132 4 $ 160 S - S - S - S - $ - 60 S 291,28
Advis Comm#2&Council 1 6 $ 395 6 S 239 S - 6 S 208 S - S - S - 18 0 $ 842.10 $ 12,209
Task 8 Draft Report S - $ • S - S - $ - $ - S - 0.0 S
Draft Report 4 S 264 20 5 798 20 S 625 8 5 277 S - S - 10 S 243 62.0 S 2,205.94
Public Open House#2 4 S 264 5 $ 199 $ - 8 S 277 S - S - 6 S 146 23 0 5 885.50 5 7,826
Task 9 Final Report S - S - S • $ - S S - S - 00 S
Final Report 4 $ 264 8 S 319 8 S 250 10 S 346 S - 6 S 106 8 S 194 44 0 $ 1,479.02
Council Mlg#2 3 S 198 3 S 120 S - 6 S 208 S - S - S - 12.0 5 524.82 $ 5,073
S - 6 - 5 - S • 5 - S - 5 - 0.0 S -
Totai 80 S 5,270 139 S 5,543 154 $4,813 F 104 5 3,597 172 S 4,154 18 S 318 64 $1,556 731 S 25,251.46 S 63,922
Direct Salaries,Total 5 25,251 46
+Overhead at 123 14% S 31,094.65
+Fixed Fee at 30% 5 7,57544
Direct Expenses:
Reproduction S 485 00
Mileage 500 S 0 445 S 222 50
Sub-Consultant,Measurement Research,Inventory S 1,320 00
Sub-Consultant,Triad,Cost Estimates S 9,900.00
Subtotal,Expenses S 11,927.50 S 11,928
•
Project Total S 75,849.05 S 75,849
Renton Walways 1-23.07est xls
Exhibit F
Breakdown of Overhead Cost .
. Mirai Associates Inc.
Overhead Schedule
2005 •
Stated Mirai Accepted
Description Amount Adj. Ref. Amount %
Direct Labor Base $878,448.80 ($37.60) I $878,411.20
Overhead Costs
Indirect Labor $444,542.19 ($19.03) I $444,523.16 50.61%
Bonuses • 44,550.00 44,550.00 5.07%
Auto/Local Travel 6,376.30 6,376.30 0.73%
Bank Service Charges 132.00 132.00 0.02%
Business Lunches 4,935.30 (1,233.83) A 3,701.47 0.42%
Computer Software 9,145.16 9,145.16 1.04%
Computer Hardware 6,444.91 6,444.91 0.73%
Depreciation 12,175.00 12,175.00 1.39%
Dues and Subscriptions 1,617.30 1,617.30 0.18%
Health Club Expenses 4,508.75 4,508.75 0.51%
Dental&Life Insurance 14,782.65 14,782.65 1.68%
Medical Insurance 84,642.15 12,580.20 B 97,222.35 11.07%
Unemployment Insurance 7,830.10 7,830.10 0.89%
Ned
Worker's Comp Insurance 3,022.01 3,022.01 0.34%
Liability Insurance 15,987.49 15,987.49 1.82%
Internet Service 2,729.48 2,729.48 0.31%
Licenses and Permits 1,047.75 1,047.75 0.12%
Retirement Admin Fees 2,975.00 2,975.00 0.34%
Retirement Contributions 40,349.25 40,349.25 4.59%
Recruitment Expenses 1,881.29 1,881.29 0.21%
Office Furniture 15,789.24 15,789.24 1.80%
Office Supplies 14,780.28 14,780.28 1.68%
Payroll Taxes 92,375.07 92,375.07 10.52%
Postage and Delivery 2,352.95 2,352.95 0.27%
Printing/Reproduction 10,018.28 10,018.28 1.14%
Professional Services 28,005.63 (6,078.00) C 21,927.63 2.50%
Professional Societies 13,226.59 13,226.59 1.51%
Refund 5,000,00 (5,000.00) 1-I 0.00 0.00%
Rent 122,852.60 122,852.60 13.99%
Federal Unemployment Taxes 1,392.20 1,392.20 0.16%
Local Cities Taxes 2,051.48 2,051.48 0.23%
Property Tax 558.78 558.78 0.06%
State Business/Occupation Tax 31,662.78 31,662.78 3.60%
Page 2
•
•
'erre
Mirai Associates Inc.
Overhead Schedule
2005
Stated Mirai Accepted
Description Amount Adj. Ref. Amount
State Use Tax 138.86 138.86 0.02%
Telephone 12,619.48 12,619.48 1.44%
Employee Training 6,608.25 6,608.25 0.75%
Employee Reclocation 1,667.78 1,667.78 0.19%
Meals 1,890.49 1,890.49 0.22%
Transportation 4,867.12 4,867.12 0.55%
Hotel 4,409.88 (990.56) D 3,419.32 0.39%
Marketing 402.37 (402.37) D 0.00 0.00%
Entertainment 5,106.79 (4,656.79) G 450.00 0.05%
Contributions 2,130.00 (2,130.00) I 0.00 0.00%
Total Overhead Costs $1,089,580.98 ($7,930.38) $1,081,650.60 123.14%
Overhead Rate 124.03% 123.14%
°fir+'
Mind 2005 Reviewed&Accepted 4/14/06 MR
References
A Local meals unallowable per 48 CFR 31.205-14 and 48 CFR 31.205-46(a)(2)(i).
B Health insurance reimbursements paid to employees. Reclassified.
C Income tax preparation fees over$250 unallowable per 48 CFR 31.205-41(b)(1),48 CFR 31.201-6(d),
WSDOT Overhead Policy. ($1,385.) Legal expenses related to acquistion of TPE unallowable per
48 CFR 31.205-27(a)(1)-($4,693.)
D Hotel costs removed not in compliance with 48 CFR 31.205-46(a)(2)(i)and WSDOT
Accounting Manual, M13-82,Chapter 10 Travel. Marketing unallowable per 48 CFR
31.205-1 (0.
G Entertainment unallowable per 48 CFR 31.205-14.-$450. Was allowable for Holiday event 20 staff
$25 each.
H Refund removed by Mirai.
I Contributions unallowable per 48 CFR 31.205-8.
3 Adjusted direct and indirect to reflect total payroll. $56.63 labor variance proportionally allocated to
direct&indirect. Total payroll$1,382,042.07 includes$1,322,986.99 direct and indirect
$56.63 labor variance, $44,550. bonus,$12580,20 medical reimbursement to staff,and$1,940.15 prer
overtime(not included in overhead.)
*owe Page 3
WIWashington State Transportation Building 44111100
Department of Transportation 310 Maple Park Avenue S.E.
Douglas B.MacDonald P.O.Box 47300
Secretary of Transportation Olympia,WA 98504-7300
360-705-7000
TTY: 1-800-833-6388
April 14, 2006 www.wsdot.wa.gov
Mr.Don Samdahl Mil-'A I
Mirai Associates, Inc.
11410 NE 122n`'Way,Suite 320 APR 1 7 9nq
Kirkland,WA 98034-6927
Re: Mirai Associates, Inc. Overhead Schedule
Fiscal Year Ended December 31,2005
Dear Mr. Samdahl:
On April 14,2006, as a WSDOT representative I reviewed your proposed 2005 Overhead
Schedule. I also completed an analytical review of the schedule by comparing it to the
accepted 2004 overhead schedule, and reviewed data that WSDOT had collected in our
permanent files.
The reviewed data included, but was not limited to,the schedule of the indirect cost rate,
a description of the company,basis of accounting and description of Mirai's accounting
system,basis of indirect costs,in addition to a review of the firm's internal control
structure.
Based on my review, I am issuing this letter of concurrence establishing Mirai's overhead
rate for the year ended December 31,2005,at 123.14%of direct labor. Costs billed to
actual agreements will still be subject to audit of actual costs.
If you or any representative of Mirai Associates have any questions,please contact me at
(360)705-7006.
Sincerely,
Martha Roach
External Audit Manager
MR:db
Enclosure
cc: Steve McKerney
Exhibit G
Subcontracted Work •
The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT:
Triad Associates . _._
12112 115th Avenue NE_. . .
Kirkland,.WA 98034. . . _ . .. .
Prepare updated cost...estimates for the typical._sidewalk sectionsfor_use in Task 6 and Task 7 of the
Scope of Work. Lump Sum.Eee of._$9,000.00.__..
Management Research Corp. ..... .... ..... ..... . . .... .. .. .. . ... .. . . ..
4126 4th St. NW ... _._. . . . .. ._..
Gig harbor, WA 98335
Provide.Pavement Management.data_in usable format from the 2005 and 20.0.6 Pavement Management ..
lowse inventory for.use_in Task 2 of.the_Scope_.of Work. Lump Sum Fee of$1200.00... . ....
44irr
DOT Form 140-089 EF Exhibit G
Revised 6/05
Exhibit H
Title VI Assurances •
During the performance of this AGREEMENT,the CONSULTANT,for itself, its assignees,and successors in
interest agrees as follows:
1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to
non-discrimination in federally assisted programs of the AGENCY,Title 49, Code of Federal Regulations,
Part 21,as they may be amended from time to time(hereinafter referred to as the"REGULATIONS"),
which are herein incorporated by reference and made a part of this AGREEMENT.
2. Non-discrimination:The CONSULTANT,with regard to the work performed during the AGREEMENT,
shall not discriminate on the grounds of race,color,sex,or national origin in the selection and retention of
sub-consultants, including procurement of materials and leases of equipment. The CONSULTANT shall
not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in
Appendix B of the REGULATIONS.
3. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations
either by competitive bidding or negotiations made by the CONSULTANT for work to be performed
under a sub-contract,including procurement of materials or leases of equipment,each potential
sub-consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations
under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race,
color,sex,or national origin.
4. Information and Reports: The CONSULTANT shall provide all information and reports required by the
REGULATIONS or directives issued pursuant thereto,and shall permit access to its books,records,
accounts,other sources of information,and its facilities as may be determined by AGENCY,STATE or
the Federal Highway Administration(FHWA)to be pertinent to ascertain compliance with such
REGULATIONS,orders and instructions.Where any information required of a CONSULTANT is in the
exclusive possession of another who fails or refuses to furnish this information,the CONSULTANT shall
so certify to the AGENCY, STATE or the FHWA as appropriate,and shall set forth what efforts it has
made to obtain the information.
5. Sanctions for Non-compliance: In the event of the CONSULTANT'S non-compliance with the
non-discrimination provisions of this AGREEMENT,the AGENCY shall impose such AGREEMENT
sanctions as it,the STATE or the FHWA may determine to be appropriate, including,but not limited to:
• Withholding of payments to the CONSULTANT under the AGREEMENT until the
CONSULTANT complies,and/or;
• Cancellation,termination,or suspension of the AGREEMENT, in whole or in part
DOT Form 140-089 EF Exhibit H
Revised 6/05
6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs(1)through
(5)in every sub-contract,including procurement of'materials and leases of equipment,unless exempt by
the REGULATIONS,or directives issued pursuant thereto.The CONSULTANT shall take such action
'err with respect to any sub-consultant or procurement as the AGENCY,STATE or FHWA may direct as a
means of enforcing such provisions including sanctions for non-compliance.
Provided,however,that in the event a CONSULTANT becomes involved in,or is threatened with,
litigation with a sub-consultant or supplier as a result of such direction,the CONSULTANT niay request
the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the
STATE and, in addition,the CONSULTANT may request the United States enter into such litigation to
protect the interests of the United States.
.fir
Exhibit !
Payment Upon Termination of Agreement
By the Agency Other Than for
Fault of the Consultant
(Refer to Agreement, Section IX)
Lump Sum Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made shall
total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the
total work required for the PROJECT. In addition,the CONSULTANT shall be paid for any authorized extra
work completed.
Cost Plus Fixed Fee Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made,shall
total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is
to the total work required for the Project. In addition,the CONSULTANT shall be paid for any authorized extra
work completed.
Specific Rates of Pay Contracts
A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this
AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT.
Cost Per Unit of Work Contracts
A final payment shall be made to the CONSULTANT for actual units of work completed at the time of
termination of this AGREEMENT.
DOT Form 140-089 EF Exhibit f 41.01
Revised 6/05
Exhibit K
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s)on a consultant agreement.The following
procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s)are a total
of$1,000 or less,it would not be cost effective to proceed through the outlined steps. It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s)
that total$1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 —Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside of
the agreement's scope of work,they may be entitled to a claim.The first step that must be completed is
the request for consideration of the claim to the Agency's project manager.
The consultant's claim must outline the following:
• Summation of hours by classification for each firm that is included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Timeframe of the additional work that was outside of the project scope;
• Summary of direct labor dollars,overhead costs,profit and reimbursable costs associated with
the additional work; and
Ntiore
• Explanation as to why the consultant believes the additional work was outside of the
agreement scope of work.
Step 2—Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation
After the consultant has completed step 1,the next step in the process is to forward the request to the
Agency's project manager.The project manager will review the consultant's claim and will met with
the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If
the FHWA is participating in the project's funding,forward a copy of the consultant's claim and the
Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local
Programs through the Region Local Programs Engineer. If the claim is not eligible for federal
participation,payment will need to be from agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer,WSDOT Highways and
Local Programs(if applicable),and FHWA(if applicable)agree with the consultant's claim,send a
request memo, including backup documentation to the consultant to either supplement the agreement,
or create a new agreement for the claim. After the request has been approved,the Agency shall write
the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the
consultant that the final payment for the agreement is subject to audit.No further action in needed
regarding the claim procedures.
DOT Form 140-089 EF Exhibit K
Revised 6/05
If the Agency does not agree with the consultant's claim,proceed to step 3 of the procedures.
Step 3—Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim,the project manager shall prepare a
summary for the Director of Public Works or Agency Engineer that included the following:
• Copy of information supplied by the consultant regarding the claim;
• Agency's summation of hours by classification for each firm that should be included in the
claim;
• Any correspondence that directed the consultant to perform the additional work;
• Agency's summary of direct labor dollars,overhead costs,profit and reimbursable costs
associated with the additional work;
• Explanation regarding those areas in which the Agency does/does not agree with the
consultant's claim(s);
• Explanation to describe what has been instituted to preclude future consultant claim(s);and
• Recommendations to resolve the claim.
Step 4—Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency
Documentation
The Director of Pubic Works or Agency Engineer shall review and administratively approve or
disapprove the claim,or portions thereof,which may include getting Agency Council or
Commission approval (as appropriate to agency dispute resolution procedures). If the project
involves federal participation,obtain concurrence from WSDOT Highways and Local Programs
and FHWA regarding final settlement of the claim. If the claim is not eligible for federal
participation,payment will need to be from agency funds.
Step 5—Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify(in writing)the consultant of their
final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted
claim(s)and rationale utilized for the decision.
Step 6—Preparation of Supplement or New Agreement for the Consultant's Claim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the amount of
the claim. Inform the consultant that the final payment for the agreement is subject to audit.
Exhibit M-1(a)
Certification Of Consultant
Notre Project No.
Local Agency City of Renton
t hereby certify that I am President and duly authorized
representative of the firm of Mirai Associates, Inc. whose address is
11410 NE 122ndd Way,Suite 320,Kirkland,WA 98034 and that neither I nor the above
firm I here represent has:
(a) Employed or retained for a commission,percentage,brokerage,contingent fee,or other
consideration,any firm or person(other than a bona fide employee working solely for me or the
above CONSULTANT)to solicit or secure the AGREEMENT;
(b) Agreed,as an express or implied condition for obtaining this contract,to employ or retain the
services of any firm or person in connection with carrying out this AGREEMENT; or
(c) Paid,or agreed to pay,to any firm,organization or person(other than a bona fide employee
working solely for me or the above CONSULTANT)any fee,contribution,donation,or
consideration of any kind for,or in connection with,procuring or carrying out this AGREEMENT;
except as hereby expressly stated(if any);
I acknowledge that this certificate is to be available to the Washington State Department of
Transportation and the Federal Highway Administration, U.S. Department of Transportation in
connection with this AGREEMENT involving participation of Federal-aid highway funds,and is
subject to applicable State and Federal laws,both criminal and civil.
tAl c=„fr:5_,71
Date ignature
DOT Form 140-089 EF Exhibit M-1(a)
Revised 6/05
Exhibit M-2
Certification Regarding Debarment, Suspension, and Other Responsibility •
Matters-Primary Covered Transactions
I. The prospective primary participant certifies to the best of its knowledge and belief,that it and its
principals:
A. Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily
excluded from covered transactions by any federal department or agency;
B. Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission or fraud or a criminal offense in connection with
obtaining,attempting to obtain,or performing a public(federal,state,or local)transaction or
contract under a public transaction;violation of federal or state antitrust statues or commission of
embezzlement,theft,forgery, bribery, falsification or destruction of records,making false
statements,or receiving stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(federal,state,or local)with commission of any of the offenses enumerated in paragraph(l)(B).of
this certification;and
D. Have not within a three(3)year period preceding this application/proposal had one or more public
transactions(federal,state,or local)terminated for cause or default.
II. Where the prospective primary participant is unable to certify to any of the statements in this
certification,such prospective participant shall attach an explanation to this proposal.
Consultant(Firm): Mirai Associates,Inc.
Vd7 Sid-679
(Date) (Signature) resident.1 uthorized Official of Consultant
DOT Form 140-089 EF Exhibit M-2
Revised 6/05
CITY OF RENTON COUNCIL AGENDA BILL
( AI#: • c
Submitting Data: Planning/Building/Public Works Dept. For Agenda of:
Dept/Div/Board.. Transportation Systems Division February 5, 2007
Staff Contact Derek Akesson,ext. 7243 Agenda Status
Consent X
Subject: Public Hearing..
Final Payment to Dennis R. Craig Construction, Inc. for Correspondence.. Ordinance
2006 Citywide Sidewalk Program(CAG 06-124) Resolution
Old Business
Exhibits: New Business X
Issue Paper Study Sessions
Final Pay Estimate Information
Notice of Completion
Recommended Action: Approvals:
Legal Dept
Council Concur Finance Dept
Other
Fiscal Impact: 317.000009
Expenditure Required... $22,187.58 Final Pay Est. Transfer/Amendment
Amount Budgeted $748,200 (2006+2007) Revenue Generated
(construction funds only)
1441 Total Project Budget $921,000 (2006+2007) City Share Total Project
SUMMARY OF ACTION:
The 2006 Citywide Sidewalk Project(Maplewood, 4th and Bronson,NE 9th and Harrington)began on
September 18, 2006, and was completed on December 21,2006. The original contract amount was
$363,823.15. The final contract amount was $397,647.22. The increase of$33,824.07 over the original
contract amount was due to adjusted quantities including: 1)replacement of non-compliant ADA
driveway immediately adjacent to project site at 4th and Bronson; 2)addition of two catch basins to
prevent surface water runoff from adjacent parking lot from traveling over new sidewalk at 4th and
Bronson; 3)addition of driveway providing direct vehicle access to Harrington to comply with approved
Building Use Permit; 4)addition of wheel chair ramp on the opposite side of Harrington to comply with
RCW 35.68.075.
STAFF RECOMMENDATION:
Authorize payment of the final pay estimate in the amount of$22,187.58 and approve completion of the
project, releasing retainage in the amount of$19,882.36, after 60 days, subject to the required
authorization.
H:\Division.s\TRANSPOR.TAT\DESIGN.ENGUASON\Projects\2006 Sidewalks\Agenda Bill-Final Pay Est.doc/
ti`s O� PLANNINGBUILDING/
♦ PUBLIC WORKS DEPARTMENT
MEMORANDUM
DATE: February 5, 2007
TO: Toni Nelson, Council President
Members of the Renton City Council
VIA: Kathy Keolker, Mayor,
FROM: Gregg Zimmerman.;Administrator
STAFF CONTACT: Derek Akesson, Transportation Design Project Manager
(x7243)
SUBJECT: Final Payment to Dennis R. Craig Construction, Inc. for
2006 Citywide Sidewalk Project(CAG 06-124)
ISSUE:
Should the Council authorize payment of the final pay estimate and approve completion of the
2006 Citywide Sidewalk Project?
err► RECOMMENDATION:
Authorize payment of the final pay estimate in the amount of$22,187.58 and approve
completion of the project, releasing retainage in the amount of$19,882.36, after 60 days, subject
to the required authorization.
BACKGROUND:
The 2006 Citywide Sidewalk Project included three project sites: 1) Maplewood Neighborhood;
2) 4th and Bronson; 3) 9th and Harrington. The project began on September 18, 2006, and was
completed on December 21, 2006. The original contract amount was $363,823.15. The final
contract amount was $397,647.22. The increase of$33,824.07 over the original contract amount
was due to adjusted quantities including: 1)replacement of non-compliant ADA driveway
immediately adjacent to project site at 4th and Bronson; 2) addition of two catch basins to prevent
surface water runoff from adjacent parking lot from traveling over new sidewalk at 4th and
Bronson; 3) addition of driveway providing direct vehicle access to Harrington to comply with
approved Building Use Permit; 4)addition of wheel chair ramp on the opposite side of
Harrington to comply with RCW 35.68.075.
cc: Peter Hahn, Deputy PBPW Administrator—Transportation
Robert Hanson, Transportation Design Supervisor
Derek Akesson,Transportation Design Project Manager
Connie Brundage,Transportation Administrative Secretary
H:\Division.s\TRANSPOR TAT\DESIGN.ENGVASON\Projects\2006 Sidewalks\Issue Paper-Final Pay Est.DOC
l
TO: FINANCE DIRECTOR DATE. 1/17/2007
FROM: TRANSPORTATION SYSTEMS DIRECTOR `'
CONTRACTOR: Dennis R Craig
CONTRACT NO. CAG 06-124 ESTIMATE NO. 5
PROJECT: 2006 Citywide Sidewalk Project
I. CONTRACTOR EARNINGS THIS ESTIMATE $ 22,187.58 ✓
2. SALES TAX @ 8.80%
3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $ 22,187.58 .'
4. EARNINGS PREVIOUSLY PAID CONTRACTOR $ 356,686.66 ✓
5. * EARNINGS DUE CONTRACTOR THIS ESTIMATE $ 21,078.20 .,--
6.
.�6. SUBTOTAL-CONTRACTOR PAYMENTS $ 377,764.86 ./
7. RETAINAGE ON PREVIOUS EARNINGS $ 18,772.98 ,/
8. ** RETAINAGE ON EARNINGS THIS ESTIMATE $ 1,109.38
9. SUBTOTAL-RETAINAGE $ 19,882.36 ,,,,.-
10.
10. SALES TAX PREVIOUSLY PAID
11. SALES TAX DUE THIS ESTIMATE $ -
12. SUBTOTAL-SALES TAX $ -
* (95%.xLINE1)
** (RETAINAGE:5%) GRAND TOTAL: $ 397,647.22 tr-
FINANCE DEPARTMENT ACTION:
PAYMENT TO CONTRACTOR(Lines 5 and 11): rrr
101
SCHEDULE'A' 317.000009.016.5950.0030.67/25109/5354 $ 322.05
SCHEDULE'B' 317.000009.016.5950.0030.67/25109/5354 $ 20,376.15
SCHEDULE'C' 317.000009.016.5950.0030.67/25109/5354 $ 380.00
RETAINED AMOUNT(Line 8):
SCHEDULE'A' 317.000009.016.5950.0030.67/25109/5354 $ 16.95
SCHEDULE'B' 317.000009.016.5950.0030.67/25109/5354 $ 1,072.43
SCHEDULE'C' 317.000009.016.5950.0030.67/25109/5354 $ 20.00
TOTAL THIS ESTIMATE: $ 22,187.58`" L_�'IA
CHARTER 116,LAWS OF 1965
CITY OF RENTON CERTIFICATION
I,THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF
PERJURY,THAT THE MATERIALS HAVE BEEN FURNISHED,THE
SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED
HEREIN,AND THAT THE CLAIM IS A JUST,DUE AND UNPAID
OBLIGATION AGAINST THE CITY OF RENTON,AND THAT I AM
AUTHORIZED TO AUTHENTICATE AND CERTIFY TO SAID CLAIM
SIGNED:
f%*j
Robert Hanson,Transportation Design Supervisor
STAT�O.4 State of Washington Reg.No.:
c4 Department of Revenue
Audit Procedures&Administration Date: January 17,2006
rrr► 44.'t.1889 1°- PO Box 47474
Olympia,Washington 98504-7474
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
From: DEPARTMENT USE ONLY
City of Renton Assigned To
Tracy Schuld
1055 South Grady Way Date Assigned
Renton,WA 98055
Notice is hereby given relative to the completion of contract or project described below.
Description of Contract 2006 Citywide Sidewalk Project(CAG 06-124)
Contractor's Name Dennis R.Craig Construction,Inc. Telephone No.(425)882-2922
Contractor's Address PO Box 595,Redmond,WA 98073-0595
Date Work Commenced Date Work Completed Date Work Accepted
Nov
September 18,2006 December 21,2006 February 5,2007
Surety or Bonding Co. Hub International NW
Agent's Address PO Box 3018,Bothell,WA 98041
Contract Amount: $363,823.15 Amount Disbursed: $377,764.86
Additions or Reductions: $33,824.07 Amount Retained: $19,882.36
Sales Tax: Total: $397,647.22
Total $397,647.22
By
(Disbursing Officer)
Phone No:
The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue,Olympia, Washington 98504-
7474,immediately after acceptance of the work done under this contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until
receipt of Department's certificate,and then only in accordance with said certificate.
FORM REV 31 0020(12-92)
C:\Documents and Settings\dakesson\Desktop\Notice_of Completion doc
Y
2006 CITYWIDE SIDEWALK PROGRAMNiiiii
SCHEDULE A — MAPLEWOOD
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2006 CITYWIDE SIDEWALK PROGRAM
SCHEDULE B - 9TH & HARRINGTON
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SCHEDULE C — 4TH & BRONSON
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CITY OF RENTON COUNCIL AGENDA BILL
AI#: $ .w /s
Submitting Data: Planning/Building/Public Works For Agenda of: February 5, 2007
‘ittior Dept/Div/Board.. Transportation Systems
Staff Contact Nathan Jones, ext. 7217 Agenda Status
Consent X
Subject: Public Hearing..
Correspondence..
King County Metro Transit 2007-2008 FlexPass Ordinance
Contract Resolution
Old Business
Exhibits: New Business
Issue Paper Study Sessions
Resolution#3738 Information
2007-2008 FlexPass Contract
Recommended Action: Approvals:
Legal Dept X
Council Concur Finance Dept
Other
Fiscal Impact: Account Number 103.00000.016.5950.0092.43.000031
Expenditure Required... $22,770 Transfer/Amendment
Amount Budgeted $25,000 Revenue Generated
Total Project Budget $22,770 City Share Total Project.. $25,000
kikislov
SUMMARY OF ACTION:
The FlexPass program consolidates all Commute Trip Reduction(CTR)related expenditures by
including Commuter Bonus Plus(CB+)vouchers and Guaranteed Ride Home as an integral part of
the FlexPass Program. This contract with King County Metro Transit, Sound Transit, and Pierce
Transit will continue Renton's participation in all elements of the FlexPass Program for
2007-2008.
FlexPass is a continuing program offered by King County Metro Transit to all CTR-affected
employers. Included in the 2007-2008 FlexPass Program are:
1. Unlimited rides by regular City employees on bus and commuter rail services provided by
King County Metro, Pierce Transit, and Sound Transit.
2. CB+vouchers that are used to promote the CTR Program by providing incentives to walkers,
bicyclists, and carpoolers.
3. The Guaranteed Ride Home Program for all participants. This portion provides a free taxi
ride home in the event of an emergency or illness.
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to enter into the 2007-2008 FlexPass Contract with King
County Metro Transit.
H:\Division.s\TRANSPOR T.AT\PLANNING\Nathan Iones\CTR\2007-2008_flexpass\07-0SflexAGENDA BILL.doc
` Y O� PLANNINGBUILDING/
°o ♦ .% , PUBLIC WORKS DEPARTMENT
MEMORANDUM
DATE: February 5, 2007
TO: Toni Nelson, Council President
Members of the Renton City Council
VIA: Kathyit, Keolker, Mayor
FROM: Gregg Zimmermaniinistrator
STAFF CONTACT: Nathan Jones, Transportation Project Manager(x7217)
SUBJECT: King County Metro Transit 2007-2008 FlexPass Contract
ISSUE:
Should the Council authorize the Mayor and City Clerk to enter into an agreement with
King County Metro Transit for the purchase of FlexPasses for regular City employees for
2007-2008?
RECOMMENDATION:
Authorize the Mayor and City Clerk to enter into the 2007-2008 FlexPass Contract with King
County Metro Transit.
BACKGROUND:
In order to reduce congestion and improve air quality, Washington State passed a Commute
Trip Reduction (CTR) Law in the early 1990s. The CTR Law requires employers with 100 or
more employees arriving to work between the hours of 6:00 and 9:00 a.m. to have
transportation programs for their employees that encourage the use of alternatives to single-
occupancy-vehicles (SOVs). Under the CTR Law we are classified as a CTR-affected
employer.
For several years now, we have entered into an agreement with King County Metro Transit to
purchase FlexPasses for each regular City of Renton employee. We provide them to these
employees at no charge to them. This ongoing program is paid for out of the 103 fund.
The current cost per pass to the City is $69.00 per year. This is the same cost as last year and is
a significant savings over buying the passes through King County Metro Transit outside of their
FlexPass program. If we were to purchase the passes in lesser quantities, the equivalent transit
pass could cost as much as $144.00 per month, or $1,728.00 per year.
cc: Peter Hahn, Deputy PBPW Administrator—Transportation
Jim Seitz, Transportation Planning&Programming Supervisor
Nathan Jones,Transportation Planning Project Manager
�"' Connie Brundage,Transportation Administrative Secretary
RECEIVED
CITY OF RENTON, WASHINGTON
FEB 1 0 2005
RESOLUTION NO. 3 7 3 8 Transportat.on Systems Div
A RESOLUTION OF 'HIE CITY OF RENTON, WASHINGTON,
AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN
INTERLOCAL COOPERATIVE AGREEMENT WITH KING COUNTY,
SOUND TRANSIT, AND PIERCE TRANSIT FOR THE SALE OF
FLEXPASSES TO CITY OF RENTON EMPLOYEES BY KING COUNTY.
WHEREAS, the City of Renton, King County, Pierce Transit, and Sound Transit
(Transportation Parties) share the desire to provide a transportation management program that
will reduce single-occupant vehicle travel and improve the mobility of employees to the City's
worksites; and
WHEREAS, the Transportation Parties provide buses, vanpools and the Home Free
Guarantee program; and
Ntlid
WHEREAS, the Transportation Parties, through those programs, are authorized to
promote alternatives to single occupant vehicle commuting in King County; and
WHEREAS, the City wishes to provide incentives to its employees which promote non-
single-occupant vehicle commuting to its worksites; and
WHEREAS, the City and the Transportation Parties desire to utilize FlexPasses which
can be used to access a variety of services and benefits which enable the City's employees to
commute by non-single occupant vehicles; and
WHEREAS, it is necessary to document the terms and conditions under which such
program will be provided by the County to the City;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DO RESOLVE AS FOLLOWS:
.
RESOLUTION NO. 3 7 3 8
SECTION L The above findings are true and correct in all respects.
r.✓
SECTION H. The Mayor and City Clerk are hereby authorized to enter into an
interlocal cooperative agreement for the sale of passes between King County, Sound Transit,
Pierce Transit, and the City of Renton for FlexPasses, vanpool fare incentive, and the Home Free
Guarantee program, and all subsequent agreements that do not materially change the terms of the
agreement and are without budget parameters.
PASSED BY THE CITY COUNCIL this 7th day of February , 2005.
,S. Wal ,
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this 7th day of February 2005.
lore
—erl .y )40-thel —i/O
Kathy Keolker-Wheeler,Mayor
Approved as to form:
i �j
.401
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Lawrence J. Warren, City Attorney - _
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CITY OF RENTON
Office of the City Attorney
Kathy Keolker,Mayor Lawrence J.Warren
Senior Assistant City Attorneys
Mark Barber
Zanetta L.Fontes
Assistant City Attorneys
Ann S.Nielsen
Garmon Newsom II
Shawn E. Arthur
MEMORANDUM
JAN -i+9 2007
To: Nathan Jones, Transportation Systems Division Transportation Systems Div.
From: Lawrence J. Warren, City Attorney
Date: January 8,2007
Subject: 2007 FlexPass Sales Agreement
The contract is approved as to legal form. The old resolution authorizes the Mayor to sign.
C7/a. t.,10.1
Lawrence J. karren
LJW:tmj
cc: Jay Covington
Gregg Zimmerman,PE
Post Office Box 626-Renton,Washington 98057-(425)255-8678/FAX(425)255-5474 RENTON
�� AHEAD OF THE CURVE
:.* This paper contains 50%recycled material,30%post consumer
AGREEMENT FOR SALE OF FLEXPASSES BETWEEN KING COUNTY,SOUND
TRANSIT, PIERCE COUNTY PUBLIC TRANSPORTATION BENEFIT AREA
CORPORATION AND CITY OF RENTON
Now
This Agreement(hereinafter,"Agreement") is made and entered into by and between King County(hereinafter
individually, "KING COUNTY"), Sound Transit(hereinafter"SOUND TRANSIT"),Pierce County Public
Transportation Benefit Area Corporation(hereinafter PIERCE TRANSIT"),or collectively referred to hereinafter as
"TRANSPORTATION PARTIES",and City of Renton(hereinafter,"COMPANY").
RECITALS
A. COMPANY and TRANSPORTATION PARTIES share the desire to provide a comprehensive transportation
pass program that will reduce single occupant vehicle(SOV)commute trips and improve the mobility of
COMPANY employees.
B. KING COUNTY,SOUND TRANSIT and PIERCE TRANSIT are authorized to provide public transportation
and generally promote alternatives to SOV commuting in King County,Pierce County and Snohomish County. •
C. COMPANY has a desire to provide incentives and benefits to its employees,which promote non-SOV
commuting to its worksite.
D. TRANSPORTATION PARTIES desire to create a single pass media that can be used to access a variety of
services and benefits,which enable COMPANY employees to commute,by non-SOV modes.
AGREEMENT
NOW, THEREFORE, in consideration of the terns.conditions and covenants herein contained. the sufficiency of
which is hereby acknowledged, the parties hereto agree to the following.
1. PURPOSE
1.1 Purpose •
This Agreement establishes a cooperative arrangement between TRANSPORTATION PARTIES and COMPANY
for sale and distribution of FlexPasses to COMPANY's Eligible Employees at the rate set forth herein.
2. DEFINITIONS
2.1 Eligible Employees
Eligible Employees shall mean only those employees of the COMPANY who meet the following criteria:
All regular City of Renton employees.
2.2 FlexPass Card
A FlexPass Card is a pass of predetermined duration. usually twelve(12)months, that allows each Eligible
Employee, as defined in Paragraph 2.1, to choose from a variety of non-SOV commute options provided by
COMPANY or TRANSPORTATION PARTIES. Each FlexPass Card shall bear the inscriptions"FlexPass". each
TRANSPORTATION PARTIES' logo or an agreed to regional logo,and beginning and expiration dates in a design
and color scheme mutually agreed upon by TRANSPORTATION PARTIES. FlexPass Cards shall also bear a fare
amount on the face of the card, the amount of which shall be agreed upon by TRANSPORTATION PARTIES prior
to the start of this Agreement. FlexPass Cards shall be produced by TRANSPORTATION PARTIES or_their
designated contractor. COMPANY shall pay the amount specified in Attachment A for production of FlexPass
Cards. FlexPass Card's are non-refundable by TRANSPORTATION PARTIES,except as set forth in Paragraph
8.2. Eligible Employees may he asked to present a valid COMPANY identification card when using a FlexPass.
2.3 Trip Revenue
In the event of a generally applicable fare increase adopted by KING COUNTY, SOUND TRANSIT or PIERCE
TRANSIT, the amounts shown in Attachment A may be increased at such time as a generally applicable fare increase
is implemented by KING COUNTY, SOUND TRANSIT or PIERCE TRANSIT, and COMPANY shall be required
to pay the amount of such increase to the appropriate TRANSPORTATION PARTY.
3. EMPLOYEE CONTRIBUTIONS AND COMMUTE BENEFITS AND INCENTIVES
3.1 Eligible Employee Contributions
COMPANY may require Eligible Employees to contribute toward the cost of a FlexPass Card, in the amount
specified in Attachment A. COMPANY shall not require Eligible Employees to contribute more than fifty percent
*tor (50%) of the cost of an individual FlexPass Card.as set forth in Attachment A.
FlexPass Agreement Page 1 of 10
City of Renton
Much I mol- I einuJ1\ 2X 2(1(18
4. COMPANY RESPONSIBILITIES
4.I Eligible Recipients Of A FlexPass Card
COMPANY shall ensure that only Eligible Employees,as defined in Paragraph 2.1,receive FlexPass cards.
4.2 Ordering FlexPass Cards
COMPANY shall provide to TRANSPORTATION PARTIES' representative,as listed in Section 16,the number.of
FlexPass Cards that COMPANY shall provide to Eligible Employees. The number of FlexPass Cards shall be listed
in Attachment A. COMPANY shall allow TRANSPORTATION PARTIES at least four(4)weeks in advance of the
cards' effective date to fulfill the request for FlexPass Cards. COMPANY understands that failure to provide the
number of FlexPass Cards desired at least four-(4)weeks in advance,may incur additional and extraordinary costs.
Such costs may be related to,but are not limited to,overtime staffing,additional manufacturing charges and express
delivery charges. These additional and extraordinary charges shall be borne solely by COMPANY.
4.3 Ordering Additional FlexPass Cards
COMPANY shall retain the right to purchase additional FlexPass Cards for distribution to Eligible Employees, over
and above the number specified in Attachment A,during the term of this Agreement. COMPANY shall allow
TRANSPORTATION PARTIES at least four(4).weeks to fulfill the request for additional FlexPass Cards.
Requests shall be made to the TRANSPORTATION PARTIES' representative, as listed in Section 16. The cost for
a single additional FlexPass Card shall be the Monthly Rate For Additional FlexPass Cards specified in Attachment
A, times the number of months remaining in the Agreement.
4.4 Receipt And Security Of FlexPass Cards
COMPANY agrees that all FlexPass Cards received from TRANSPORTATION PARTIES shall become the sole
financial responsibility of COMPANY upon receipt and signature by an employee,official or agent of COMPANY.
COMPANY agrees that it is solely responsible for providing proper storage and security measures for any and all
FlexPass Cards received by COMPANY while in the custody of COMPANY. COMPANY shall be held liable for
the equivalent value of a combination King County/Sound Transit/Pierce Transit fare for each month remaining in
this Agreement for each FlexPass Card that COMPANY cannot account for,either by distribution to an Eligible
Employee,storage in a secure area, for each FlexPass Card not collected from an Eligible Employee who terminates
their employment with COMPANY or otherwise becomes ineligible to receive and use a FlexPass Card under the
terms of this Agreement, or for each FlexPass Card COMPANY cannot return to TRANSPORTATION PARTIES Niod
upon termination of this Agreement. as specified in Section 8-
4.5 Reporting
COMPANY shall immediately report to each of the TRANSPORTATION PARTIES any FlexPass Cards that are
lost,stolen. damaged or otherwise not functioning properly in TRANSPORTATION PARTIES' transit coaches'
electronic registering fareboxes. COMPANY shall return any and all FlexPass Cards to TRANSPORTATION
PARTIES that COMPANY believes to be defective. COMPANY shall report to TRANSPORTATION PARTIES
all FlexPass usage,changes to COMPANY's transportation program or other details as necessary.
4.6 Roster Of FlexPass Card Recipients
COMPANY shall maintain-a roster of Eligible Employees-who have been provided a FlexPass Card by
COMPANY. Upon demand,COMPANY shall provide each TRANSPORTATION PARTY a copy of the roster.
4.7 FlexPass Employee Use Agreement Form
Each Eligible Employee who receives a FlexPass Card from COMPANY shall be required to read,sign and return to
their employee transportation coordinator or department supervisor, an agreement form stipulating the uses and
conditions of a FlexPass Card. The Employee Use Agreement Form,as set forth in Attachment B ,is deemed
mutually acceptable to both COMPANY and TRANSPORTATION PARTIES. Use Agreement Forms shall be kept
on file by COMPANY for the term of this Agreement.
4.8 Collection of FlexPass Cards
COMPANY shall return to TRANSPORTATION PARTIES all FlexPass Cards issued to COMPANY within five
(5) days of the effective date of termination of this Agreement. COMPANY shall be held liable for the equivalent
retail value of a combination King County/Sound Transit/Pierce Transit fare for each month remaining in this
Agreement for each FlexPass Card not returned to TRANSPORTATION PARTIES upon termination of this
Agreement.
Flex Pass Agreement Page 2 of 10
City ut Renton
Match I.1007- February 2S.2(1115
4.9 Collection of Transit Ridership Data
COMPANY shall Surcy,or otherwise collect from COMPANY-s Eligible Employees.any and all necessary daily
transit ridership and commute data that TRANSPORTATION PARTIES deem necessary to accurately and fairly
estimate Trip Revenue and the number of bus trips taken by Eligible Employees. TRANSPORTATION PARTIES
err shall provide to COMPANY a mutually agreed upon survey instrument or other suitable means in which to collect
the most current and accurate ridership and commute data possible. .
4.10 FlexPass Program Evaluation
COMPANY shall participate in any TRANSPORTATION PARTIES' evaluation of the FlexPass program, should
such an evaluation be deemed necessary by any of the TRANSPORTATION PARTIES. Evaluation may be through
such means as employee surveys,employee focus groups,and management interviews. TRANSPORTATION
PARTIES shall provide COMPANY at least thirty(30)days advance notice prior to beginning such an evaluation.
4.11 Home Free Guarantee
COMPANY shall fulfill all conditions and responsibilities of the Home Free Guarantee program in accordance with
the terms attached hereto and made part hereof as Attachment C.
4.12 Vanpool Services
The amount of the vanpool fare subsidy for each Eligible Employee shall be stated in Attachment A. If actual
vanpool fares incurred by an Eligible Employee exceed the amount of the subsidy specified in Attachment A, the
Eligible Employee shall pay the difference directly to the vanpool bookkeeper.
5. TRANSPORTATION PARTIES RESPONSIBILITIES
5.1 Transit Access
TRANSPORTATION PARTIES shall allow each COMPANY Eligible Employee displaying a valid FlexPass Card
to ride on all parts of its regular route transportation system without additional charge, for trips up to the value
printed on the card. TRANSPORTATION PARTIES shall honor each FlexPass Card issued under this agreement
up to the expiration date on the Card or until this agreement is otherwise terminated. TRANSPORTATION
PARTIES reserve the right to request additional payment at the time the transit trip is taken, if the cost of a trip on
any TRANSPORTATION PARTY's regular transit service exceeds the fare value printed on the FlexPass Card.
''..of FlexPass Cards are not valid on any Husky, Mariners. Fourth of July.Tacoma Dome Station event parking,or other
special event service at the sole discretion of TRANSPORTATION PARTIES.
5.2 FlexPass Card Administration
TRANSPORTATION PARTIES' Designated Representative shall manage production,ordering, replacement and
delivery of FlexPass Cards to COMPANY, and other administrative tasks related to the FlexPass Card under this
Agreement,other than those responsibilities stated as COMPANY responsibilities in Section 4.
5.3 Replacement FlexPass Cards
TRANSPORTATION PARTIES shall replace,at no additional cost to COMPANY,any FlexPass Cards deemed to
be defective or otherwise unusable or inoperative. COMPANY may be issued temporary passes until
TRANSPORTATION PARTIES can manufacture and deliver replacement FlexPass Cards. TRANSPORTATION
PARTIES shall replace a lost or stolen FlexPass Card only once at a charge of 550 per replacement card.
5.4 Confiscation of FlexPass Cards
In addition to any other rights under law,TRANSPORTATION PARTIES reserve the right to cancel and confiscate
a FlexPass Card which is used out of date,altered,duplicated,counterfeited,transferred or distributed to
unauthorized persons or otherwise invalid under the terms of this Agreement.
5.5 Collection Of Transit Ridership Data
TRANSPORTATION PARTIES shall provide to COMPANY,at no additional cost to COMPANY, a mutually
agreed upon survey instrument or other suitable means in which to collect and measure the most current and accurate
transit ridership and commute data of COMPANY's Eligible Employees. In addition.TRANSPORTATION
PARTIES shall pay for all costs incurred in processing this survey instrument, but not costs incurred by COMPANY
in distributing to and collecting from Eligible Employees, this survey instrument. TRANSPORTATION PARTIES
shall make available to COMPANY,all data collected from COMPANY's Eligible Employees.
Nor
FlcxPas,Agreement Page 3 of 10
City of Renton
march I "'007 - I chiu,nn ,5 I(1!<
5.6 I-tome Free Guarantee
KING COUNTY shall fulfill all conditions and responsibilities of the I lome Free Guarantee program in accordance
with the terms attached hereto and made part hereof as Attachment C.
5.7 Vanpool Services
KING COUNTY shall allow each Eligible Employee holding a FlexPass Card to register as a vanpool participant
subject to the availability of vanpool vehicles and minimum ridership requirements.The FlexPass Card will be
honored as full or partial payment of vanpool fares,up to the amount specified in Attachment A.
6. PAYMENTS AND BILLING
6.1 Payment For This Agreement.
COMPANY agrees to pay TRANSPORTATION PARTIES the total amount stated in Attachment A for
participation in TRANSPORTATION PARTIES' FlexPass program. KING COUNTY and PIERCE TRANSIT
shall present an invoice for amounts due to COMPANY's representative listed in Section 16. Payment shall be made.
in full by COMPANY according to the terms listed on the invoice,unless a payment schedule is mutually agreed
• upon by both parties and incorporated into this Agreement, in Attachment A. KING COUNTY shall.invoice •
COMPANY for the amount(s)due for SOUND TRANSIT for additional FlexPass Cards purchased by COMPANY.
6.2 Late Payment Penalty
If any scheduled payments are not made by their due date,then the entire amount due under this Agreement may
become immediately due and payable. Any late payment shall be subject to a penalty accruing at the maximum rate
allowable by state law for each month that the payment remains due. If any check made payable to any of the
TRANSPORTATION PARTIES by COMPANY is returned to a TRANSPORTATION PARTY for insufficient
funds(NSF) in COMPANY's checking account,then COMPANY shall be assessed a$25 (twenty-five)penalty by
the TRANSPORTATION PARTY receiving the NSF check.
7. TERM OF AGREEMENT
7.1 Term
This Agreement shall take effect upon the exact day and expire on the exact day specified in this paragraph,unless
terminated in accordance with the terms set forth in Section 8. This Agreement shall take effect at 12:00 a.m. on
March 1,2007 and shall expire at 11:59 p.m.on February 28, 2008.
8. TERMINATION
8.1 Termination For Cause
Any party may terminate this Agreement in the event the other fails to perforin its obligations as described in this
Agreement by providing written notice not less than fourteen(14)days prior to the effective date of termination.
8.2 Termination For Convenience
Any party may also terminate this Agreement for convenience and without cause by providing the other party with
written notice not less than sixty(60)days in advance. If COMPANY has made payments in advance,COMPANY
shall be entitled to reimbursement from each TRANSPORTATION PARTY for each valid FlexPass Card returned
to TRANSPORTATION PARTIES. Such reimbursement shall be at the monthly rate set forth in Attachment A for
the full months remaining in the term of the Agreement.
If COMPANY has accrued additional financial obligations to any TRANSPORTATION PARTY as a result of the
provisions of this Agreement,either prior to termination or as a result of termination,COMPANY agrees to pay any
outstanding amount due to the TRANSPORTATION PARTY. The TRANSPORTATION PARTY shall invoice
COMPANY for the amount due according to the procedures outlined in Section 6. .
9. RECORDS
9.1 Rights Of Review
Both COMPANY and TRANSPORTATION PARTIES shall retain the right to review records and documents
related to this Agreement. If a records review is commenced more than sixty(60)days after the termination of the
contract, the TRANSPORTATION PARTY requesting the review shall give ten(10)days notice to COMPANY of
the date on which the records review will begin.
FlexPass Agreement Page 4 o f 10
Citi, Of Renton
March I.2007- Fehru.u\.2s.20os
10. SUCCESSORS AND ASSIGNS
10 I Written Approval
This Agreement and all terms, provisions, conditions and covenants hereof shall be binding upon the parties hereto
and their respective successors and assigns. All parties,however,agree that they will not assign or delegate the
duties to be performed under this Agreement without prior, written approval from the other parties.
• 11. LEGAL RELATIONS •
11.1 No Partnership And No Third Party Beneficiaries
COMPANY and TRANSPORTATION PARTIES agree that this-Agreement does not create a partnership or joint
venture relationship between the parties,and does not benefit or create any rights in a third party.
11.2 Force Majeure •
TRANSPORTATION PARTIES shall be excused from performance of any responsibilities and obligations under
this Agreement,and shall not be liable for damages due to failure to perform,resulting directly or indirectly from
causes and circumstances beyond their control, including but not limited to late delivery or nonperformance by -
- - vendors of materials or supplies, incidences of fire, flood,snow,earthquake or other acts of nature,accidents, riots,
insurrection,terrorism,acts of war,order of any court or civil authority, and strikes or other labor actions.
11.3 Costs of Legal Action
COMPANY shall be liable for any and all reasonable attorney fees,court costs and other expenses incurred by
TRANSPORTATION PARTIES in the event TRANSPORTATION PARTIES pursue legal action to obtain the
return of any FlexPass Cards or amount owing under this Agreement.
12. APPLICABLE LAW, FORUM
12.1 Terms
This Agreement shall be governed by and construed according to the laws of the State of Washington. Nothing in
this Agreement shall be construed as altering or diminishing the rights or responsibilities of the parties as granted or
imposed by state law. In the event that any litigation may be filed between the parties regarding this Agreement,
COMPANY and TRANSPORTATION PARTIES agree that personal jurisdiction and venue shall rest in the
Superior Court of the county where the TRANSPORTATION PARTY pursuing the action resides.
*Nose 13. DISPUTES
13.1 Dispute Resolution Procedure
All claims or disputes arising out of or relating to this Agreement shall be referred to a panel consisting of
COMPANY's City Attorney, KING COUNTY's General Manager,Transit Division. SOUND TRANSIT's
Executive Director, PIERCE TRANSIT's Chief Executive Officer or their designees.
If this panel is unable to reach a mutually acceptable resolution, it shall appoint another person to serve as mediator
in the effort to resolve the claim or dispute. Such mediation shall be required before an action may be filed to
adjudicate the claim or dispute in a court of law.
14. ENTIRE AGREEMENT AND AMENDMENT
- 14.1 Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations,
representations and agreements between the parties relating to the subject matter hereof.
14.2 Amendments And Modifications
This Agreement may be amended or modified only by written instrument signed by the parties hereto.
15. SAVINGS
15.1 Definition
Should any provision of this Agreement be deemed invalid or inconsistent with any federal,state or local law or
regulation, the remaining provisions shall continue in full force and effect. All parties agree to immediately attempt
to renegotiate such provision that is invalidated or superseded by such laws or regulations.
fire
FlexPass Agiecmcnt Page 5 of 10
City of Renton
M.urh I 1IN17-[chum _'S NNIS
16. CONTACT PERSONS
16.1 Definition
COMPANY and TRANSPOR1 Al1ON PARTIES shall designate a contact person for purposes of sending inquiries
and notices regarding the execution and fulfillment of this Agreement.as well as ordering of all tare media and
vouchers.
COMPANY KING COUNTY, FLEXPASS CARD
ORDERS&RETURNS
Contact Name Nathan A. Jones Jerry Waugh
Title Transportation Planner Customer Services Coordinator
Address City-of Renton King County Metro Transit •
1055 S Grady Way, 5th Floor 201 S. Jackson Street; MS KSC-TR-0412_
Renton, WA 98055 Seattle,WA 98104-3856
Telephone - 425-430-7217 206-684-6778 •
Fax 425-430-7376 206-263-4809
E-Mail njones@ci.renton.wa.us jen-y.waugh@metrokc.gov
SOUND TRANSIT PIERCE TRANSIT
Contact Name Christie Parker Daphne Tackett
Title Policy Analyst Community Services Manager
Address Sound Transit Pierce Transit
401 S. Jackson Street PO Box 99070
Seattle, WA 98104-2826 Lakewood, WA 98496-0070
Telephone 206-398-5405 253-581-8037
Fax 206-689-3376 253-984-8227
E-Mail parkerc@soundtransit.org dtackett@piercetransit.org
17. EXECUTION OF AGREEMENT
17.1 Definition
This Agreement shall be executed in three(4)counterparts. each one of which shall he regarded for all purposes as
one original. In Witness Whereof. the parties have executed this Agreement as of the date first written above.
COMPANY KING COUNTY
BY BY
Kathy Keolker Darwin Campbell
Title: Mayor, City of Renton Title: Manager, Transit—Customer Services
Date:
Date:
PIERCE TRANSIT SOUND TRANSIT
BY. King County per Agent Agreement
BY
Daphne Tackett
Title: Community Services Manager
Date:
Nod
Flex Pass Agreement Page 6 of 10
City of Renton
Match I.2007- February 28.2008
FlexPass Agreement Attachment A - Agreement Costs
Company City of Renton Start Date March I, 2007
*oar Area FlexPass zone South King County Agreement Year #9
Quantity Rate ($/card) Cost
King County
• Transit access 330 .$41.20 $13,596.00
• Home Free Guarantee
(Up to 8 rides/employee/agreement)
• Up to $65 per month per vanpooler
• Up to $20 per month for Vanshare
• FlexPass card administration
• Commuter Bonus Plus voucher pool 1 pool $4,950.00 Included
(330 FlexPass cards x $15.00)
Total— King County 330 $41.20 $13,596.00
Sound Transit 330 $25.92 $8,553.60
• Transit access
Pierce Transit 330 $1.88 $620.40
• Local transit (bus) access
‘4111110eTotal — FlexPass Agreement 330 $69.00 $22,770.00
Number of FlexPass Cards issued under this Agreement = 330
Payment Schedule = % due in each of 60, 90, 180 and 270 days.
Eligible Employee Contribution ($ per employee) = $0.00
Monthly Rate for Service for ONE Additional FlexPass Card = $4.29
Plus $2.60 per card for Card Production and Administration
(Note: Calculation for Service based on $51.40/12 months.
The Monthly rate does not include Commuter Bonus Plus vouchers.)
Allocation: King County = $1.97
Sound Transit = $2.16
Pierce Transit = $ .16
Card production and
Administrative Cost = $2.60
'w
FlexPass Agrcement Page 7 of 10
City of Renton
March I ''007-I ehnrnr 2 2011X
FlexPass Agreement —Attachment B
Sample Employee Use Agreement Form
CITY OF RENTON
FlexPass Use Agreement
As a FlexPass holder, I agree to the following:
1. The FlexPass is a benefit provided to me as an employee and is to be used only during the
period I am employed by my employer.
2. I will use my FlexPass for my own transportation only. I will not transfer my FlexPass to any
other person.
3. I will keep my FlexPass secure and in good condition. I will immediately report a lost, stolen
or damaged FlexPass to the Transportation Coordinator. I understand a lost FlexPass will be
replaced only once per year at a charge of$50.00. A non-working FlexPass will be replaced
free of charge.
4. I will return my FlexPass upon request or when I leave my employment with this company.
If I do not return my FlexPass, I authorize the amount of$144.00, for each whole and partial
month remaining on the FlexPass, to be withheld from my paycheck.
5. I understand that the FlexPass card is valid for up to $65 per month on King County Metro
vanpools only. I am responsible for the balance of the vanpool fare each month, payable to
the-vanpool bookkeeper, which is in excess of the $65 amount.
I acknowledge the receipt of my FlexPass, and understand and agree to the terms stated above on
using the FlexPass.
Employee's Signature Date
Employee's Printed Name FlexPass Serial #
Employee's Department or Section
Transportation Coordinator Use Only - FlexPass returned:
Employee's Signature Date
FlexPass Serial #
FlexPass Agreement Page 8 of 10
City of Renton
Manch I.2007-February 275.2008
FlexPass Agreement Attachment C — Home Free Guarantee
Home Free Guarantee(hereinafter,"HFG") is a KING COUNTY program that guarantees payment for taxi fares
incurred by Eligible Employees who meet the eligible criteria, as set forth below, and taken in accordance with the
terms set forth below.
C.1 . DEFINITIONS
C.1.1 Approved Commute Modes
Eligible Employees must have commuted from their principal residence or Park&Ride to the COMPANY's
worksite by one of the following modes: Bus,carpool,vanpool, walk-on or bicycle-on ferry,bicycle,or walk.
C.1.2 Eligible Reasons For Using HFG
The following are the only eligible reasons for using HFG:
a. Eligible Employee's or family member's unexpected illness or emergency.
b. Unexpected schedule change such that the normal commute mode is not available for the return commute to
the starting place of their commute. Unexpected means the employee learns of the schedule change that
day.
c. Missing the employee's normal return commute to the starting place of their commute for reasons,other
than weather or acts of nature which are beyond the employee's control,and of which they had no prior
knowledge. For example,the employee's carpool driver left work or worked late unexpectedly.
C.1.3 Non-Eligible Reasons For Using HFG
Reasons which are not eligible for HFG use include,but are not limited to,the following:
a. Pre-scheduled medical or other appointments.
b. To transport individuals who have incurred injury or illness related to their occupation. An HFG ride
should NEVER be used where an ambulance is appropriate, nor should an HFG ride replace COMPANY's
legal responsibility under workers' compensation laws and regulations.
c. Other situations where, in the opinion of the COMPANY's Program Coordinator, alternate transportation
could have been arranged ahead of time.
C.1.4 Eligible Destinations For An HFG Ride
a. From the COMPANY's worksite to the Eligible Employee's principal place of residence.
b. From the COMPANY's worksite to the Eligible Employee's personal vehicle,e.g. vehicle located at a Park
&Ride lot.
c. From the COMPANY's worksite to the Eligible Employee's usual commute ferry terminal on the east side
of Puget Sound.
C.1.5 Intermediate Stops
Intermediate stops are permitted only if they are of an emergency nature and are requested in advance by the Eligible
Employee and are authorized in advance of the HFG ride by the COMPANY's Program Coordinator(i.e. pick up a
necessary prescription at a pharmacy; pick up a sick child at school).
C.2 COMPANY RESPONSIBILITIES
C.2.1 HFG Program Payment
COMPANY's payment for HFG services is accounted for in the base price of the FlexPass Agreement, as indicated
in Attachment A.
C.2.2 Program Coordinator
COMPANY shall designate as many Program Coordinators as necessary to administer and perform the necessary
HFG program tasks as set forth in this Attachment.
C.2.3 Number Of HFG Rides Per Eligible Employee
COMPANY shall ensure that each Eligible Employee does not exceed eight(8)HFG rides per twelve(12) month
period.
litre
FiexPass Agreement Page 9 of 10
City of Renton
March I.2007- Fehniary 28.2008
FlexPass Agreement Attachment C — Home Free Guarantee (continued)
C.3 HFG Program Tasks
C.3.1 Process
To access HFG rides, Eligible Employees shall contact the Program Coordinator. The Program CoordinatorNomod
shall
call directly an answering service provider,contracted for by KING COUNTY. The phone number shall be supplied
to COMPANY by KING COUNTY. COMPANY agrees to make information about how to access HFG rides
available to all Eligible Employees. Program Coordinator shall obtain the following information from the Eligible
Employee,and provide the information to the answering service provider:
a. Verify the Eligible Employee has commuted to the worksite by an eligible mode.
b. Verify the Eligible Employee has an eligible reason and eligible destination for an HFG ride.
c. Ensure the Eligible Employee has valid identification to show the taxi driver.
d. Once an Eligible Employee takes the emergency taxi ride,obtain from the Eligible Employee a receipt of
the taxi trip.
e. COMPANY's Program Coordinator shall forward copies of such receipts to KING COUNTY at the end of
each month for record keeping and accounting purposes.
f. The answering service provider will arrange taxi rides for the Eligible Employee.
C.4 KING COUNTY RESPONSIBILITIES
C.4.1 Participating Taxi COMPANY(s)
COMPANY agrees that neither KING COUNTY or answering service provider is responsible for providing
transportation services under the HFG program. COMPANY further agrees that KING COUNTY makes no
guarantee or warranty as to the availability,quality or reliability of taxi service,and that the KING COUNTY's sole
obligation under the program is to make payment of the taxi provider for trips actually taken in accordance with the
terms of this Agreement. COMPANY agrees it shall make no claims of any kind or bring any suits of any kind
against the KING COUNTY for damages or injuries of any kind arising out of or in any way related to the HFG
program. Without limiting the foregoing and by way of example only,the COMPANY agrees that KING COUNTY
shall not be liable for any injuries or damages caused by negligence or intentional acts occurring before,during or
after a taxi ride or for any injuries or damages caused by failure of a taxi to provide a ride due to negligence,
intentional acts or causes beyond the taxi's control, including but not limited to incidence of fire, flood,snow,
earthquake or other acts of nature, riots, insurrection,accident,order of any court or civil authority,and strikes or
other labor actions.
C.4.2 Payment Of Authorized HFG Taxi Fares
KING COUNTY shall pay the metered fare amount of a COMPANY's Program Coordinator-authorized HFG ride,
as defined in the DEFINITIONS section above, for a one-way distance of up to sixty(60)miles. COMPANY or
Eligible Employee taking the HFG ride shall pay any fare for a one-way distance in excess of sixty(60)miles.
KING COUNTY shall not pay any taxi driver gratuity. Taxi driver gratuity will be at the sole discretion of
COMPANY or the Eligible Employee taking the HFG ride.
C.4.3 Reporting
KING COUNTY shall keep a complete record of all authorized HFG ride requests and provide a copy of this record
to COMPANY's designated Contact Person if requested.
C.4.4 Program Abuse
KING COUNTY reserves the right to investigate and recover costs from the COMPANY of intentional abuse of the
HFG program by Eligible Employees. Program abuse is defined as,but not limited to, taking trips for inappropriate
reasons,unauthorized destinations and intermediate stops,and pre-scheduled appointments not defined in the
DEFINITIONS section above.
Flex Pass Agreement Page 10 of 10
City of Renton
March I,2007-February 28,2008
CITY OF RENTON COUNCIL AGENDA BILL
I Am ), I *
Submitting Data: Planning/Building/Public Works For Agenda of:
Dept/Div/Board.. Transportation Systems Division February 5, 2007
Staff Contact Jim Seitz,x7245 Agenda Status
Consent X
Subject: Public Hearing..
Cost Sharing Interlocal Agreement between King Correspondence..
County and the City of Renton Regarding the Ordinance
Improvements to the Intersection of 108th Avenue SE Resolution X
and SE 168th Street (Benson Road S and S 31St Street) Old Business
Exhibits: New Business X
Issue Paper Study Sessions
Resolution Information
Interlocal Agreement
TIP#46—Benson Road S/S 31St Street
Recommended Action: Approvals:
Legal Dept X
Council Concur Finance Dept
Risk Management
Fiscal Impact: 317.012129 (TIP#46)
Expenditure Required.. $ 312,000 Transfer/Amendment $ 312,000
Amount Budgeted $ 350,000 Revenue Generated $
Total Project Budget $ 350,000 City Share Total Project. $ 350,000
SUMMARY OF ACTION:
This cost sharing agreement with King County is for the improvements to the intersection of 108th
Avenue SE and SE 168th Street(Benson Road South and South 31st Street). Part of the project is
currently in unincorporated King County and part of the project is within the City of Renton. This
intersection is also part of the Hudson Annexation, which has a forecasted effective date of May 1, 2007.
King County will be the lead agency for the project with regard to design, environmental review,
easement acquisitions, and construction.
The project includes installation of a new traffic signal, illumination improvements, and constructing
cement concrete curb, gutter, and sidewalk. The total project cost for the improvements is $789,000.
The City of Renton's share of the project will be limited to $312,000 toward the construction of the
improvements plus any in-kind services such as design review,permitting, and inspections.
King County plans on advertising the project by the end of January with construction to follow.
Construction should be completed by summer 2007.
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the interlocal agreement with King County for the cost
sharing of the improvements to the intersection of 108th Avenue SE and SE 168th Street(Benson Road
South and South 31St Street), agreeing to share the cost as detailed in the agreement and present the
r'resolution for reading and adoption.
H:\File Sys\TRP-Transportation Planning&Programming\TRP-01-Interagency Coordination\KCinterlocall Agenda Bill.doc
0�`sY PLANNING/BUILDING/
♦ �� ♦ PUBLIC WORKS DEPARTMENT
MEMORANDUM
DATE: February 5, 2007
TO: Toni Nelson, Council President
Members of the Renton City Council
VIA: - Kathy Keolker, Mayor
FROM: ' Gregg Zimmerma> Administrator
STAFF CONTACT: Jim Seitz, Planning& Programming Supervisor(x7245)
SUBJECT: Cost Sharing Interlocal Agreement between King County and
City of Renton Regarding the Improvements to the Intersection
of 108th Avenue SE and SE 168th Street(Benson Road S and S
31St Street)
ISSUE:
Should the Mayor enter into an agreement with King County for the cost sharing of the
improvements to the intersection of 108th Avenue SE and SE 168th Street(Benson Road and
South 31St Street)?
RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the interlocal areement with King County for
the cost sharing of the improvements to the intersection of 108m Avenue SE and SE 168th Street
(Benson Road South and South 31St Street), agreeing to share the cost as detailed in the
agreement and present the resolution for reading and adoption.
BACKGROUND:
This cost sharing agreement with King County is for the improvements to the intersection of
108th Avenue SE and SE 168th Street (Benson Road South and South 31st Street). Part of the
project is currently in unincorporated King County and part of the project is within the City
of Renton. The intersection is also part of the Hudson Annexation, which has a forecasted
effective date of May 1, 2007. King County will be the lead agency for the project with
regard to design, environmental review, easement acquisitions, and construction.
The project includes installation of a new traffic signal, illumination improvements, and
*fir constructing cement concrete curb, gutter, and sidewalk. The total project cost for the
Toni Nelson,Council President
Members of the Renton City Council
Page 2 of 2
January 22,2007
improvements is$789,000. The City's share of the project will be limited to $312,000 toward
the construction of the improvements plus any in-kind services such as design review,
permitting, and inspections.
King County plans on advertising the project by the end of January with construction to follow.
Construction should be completed by summer 2007.
Attachment: King County Interlocal Agreement
cc: Peter Hahn,Deputy PBPW Administrator—Transportation
Jim Seitz,Transportation Planning&Programming Supervisor
Karl Hamilton,Transportation Operations Manager
Connie Brundage,Transportation Administrative Secretary
H:\File Sys\TRP-Transportation Planning&Programming\TRP-01-Interagency Coordination\King County Cost Sharing Issue Paper.doc
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON,
AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN
AGREEMENT WITH KING COUNTY REGARDING THE
IMPROVEMENTS TO THE INTERSECTION OF 108TH AVENUE SE AND
SE 168TH STREET.
WHEREAS, King County has initiated Capital Improvement Project No. C74407 to
design, acquire necessary easements, and construct improvements at the intersection of 108th
Avenue SE and SE 168th Street("Project"); and
WHEREAS, part of the Project is in unincorporated King County and part of the Project
is in the City of Renton; and
WHEREAS, both parties have identified the need for such improvements for pedestrian
Niro
and vehicular safety; and
WHEREAS, it is necessary to establish the roles and responsibilities of King County and
the City of Renton, with respect to this Project; and
WHEREAS, both the County and City can achieve cost savings and benefits by entering
into this cooperative agreement;
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 Mayor and City Clerk are authorized to enter into an interlocal
cooperative agreement with King County entitled "Agreement between King County and City of
skur
Renton Regarding the Improvements to the Intersection of 108th Avenue SE and SE 168th Street."
1
RESOLUTION NO.
The Mayor and City Clerk are further authorized to enter into supplemental agreements with King
County regarding this project.
PASSED BY THE CITY COUNCIL this day of , 2007.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of , 2007.
Kathy Keolker, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney *al
RES.1236:1/24/07:ma
sold
2
AGREEMENT
Italy
BETWEEN KING COUNTY AND CITY OF RENTON
REGARDING THE IMPROVEMENTS TO THE INTERSECTION OF
108th AVENUE SOUTHEAST AND SOUTHEAST 168th STREET
THIS AGREEMENT is made and entered into by and between King County, a
political subdivision of the State of Washington, hereinafter called the "County", and the
City of Renton, hereinafter called the "City". The County and the City are collectively
referred to as the "parties."
RECITALS
A. The County has initiated Capital Improvement Project#C74407 to design, acquire
necessary easements, and construct the improvements at the intersection of 108th
Avenue Southeast and Southeast 168th Street ("the Project").
B. Part of the Project is in unincorporated King County and part of the Project is in
the City of Renton.
C. The parties have both identified the need for road improvements at the intersection
of 108th Avenue Southeast and Southeast 168th Street to improve pedestrian and
%r vehicular safety.
D. It is in the best interest of the parties to establish a lead agency to manage this
Project and to provide for the design, environmental review, and construction of
the Project.
E. The parties can achieve cost savings and benefits in the public's interests by
entering into a cooperative agreement of this nature.
NOW, THEREFORE, the County and the City agree as follows:
AGREEMENT
1. SCOPE OF WORK
The scope of work includes design, environmental review, obtaining easements, if
needed, and construction of the Project. The Project includes the following
improvements to the intersection of 108th Avenue SE and SE 168th Street:
installation of traffic signal; illumination improvements; and realignment of two
offset driveways.
•
108`h Avenue SE and SE 168th Street(King County)
Benson Road S and S 31st Street(City of Renton)Interlocal
Page 2 of 7
2. TERMS AND CONDITIONS
2.1 The County shall be the lead agency for the Project with regard to design,
environmental review, easements acquisition, if needed, construction and
all other matters pertinent to the completion of the Project.
2.2 The City shall provide, at no cost to the County, the necessary permits for
the construction of that portion of the Project within the City's jurisdiction.
2.3 The parties to this Agreement shall appoint a contact person or persons to
act as a liaison for the Project. These contact persons will meet on an "as
needed" basis to provide guidance for the Project and serve as a
coordination body between the two agencies.
2.4 The County will provide 95%plans and specifications to the City for
review. The City will provide written comments, if any, to the County
within fourteen days after the City receives the plans and specifications.
2.4.1 Representing the County: Tom Tazuma, Project Manager
Representing the City: Jim Seitz, Planning and
Programming Supervisor
,4101
2.5 The City hereby grants the County right of entry into the incorporated
limits of the City for the purpose of performing any and all tasks necessary
to complete the Project.
3. CONSTRUCTION CONTRACT BIDDING
3.1 The County shall prepare the contract bid documents for the Project.
3.2 The County shall advertise the contract in the official legal publication for
the County and, if necessary, other newspapers to provide the widest
possible coverage commensurate with the size of the Project.
3.3 The County will provide to the City a copy of the plans and specifications
advertised for bid.
3.4 The County will open the bids. The County will notify the City of the time
and date of the opening of the bids, which is typically three weeks after the
Project is advertised.
108th Avenue SE and SE 168th Street(King County)
Benson Road S and S 31'Street(City of Renton)Interlocal
Page 3 of 7
Noomr,, 3.5 The County will tabulate the bids. The County shall provide a dated,
verified copy of the bid tabulations to the City. The bid tabulations will
identify the estimated construction, inspection and overhead cost, based
upon the lowest responsible bid.
3.6 The County shall award the contract to the lowest responsible bidder for
the total Project, subject to applicable laws and regulations.
3.6.1 The County shall make every effort to award the construction
contract for the Project prior to May 1, 2007. If the County is
unable to award the Project prior to May 1, 2007, the County shall
notify the City by March 30, 2007.
4. CONTRACT ADMINISTRATION
4.1 The County shall provide the engineering, administrative, inspection,
clerical and other services necessary for the completion of the Project. In
providing such services within the City, the County Road Engineer may
exercise all the powers and perform all the duties vested by law or
ordinance in the City Engineer or other City officer or department charged
with street administration.
Now w` 4.2 The City may furnish an inspector, at no cost to the County, to ensure
proper compliance with requirements during the construction of the portion
of the Project located within the City.
4.2.1 The City's inspector shall advise the County of any deficiencies
noted.
4.2.2 The City's inspector shall not communicate directly with or
instruct the contractor directly on any matters regarding contract
performance.
4.2.3 The City shall notify the County, in writing, of any changes it
wishes to make in the construction which affect the City's portion
of the Project.
4.2.4 The County Road Engineer will have the authority to determine
whether any changes requested by the City will be implemented.
4.2.5 The City will be financially responsible for those requested
construction changes, if it significantly changes the scope of work.
This City financial responsibility will be in addition to the City's
shared costs as described in Section 5.1.
Noe
108th Avenue SE and SE 168th Street(King County)
Benson Road S and S 3151 Street(City of Renton)Interlocal
Page 4 of 7
4.3 The County will keep the City advised as to the progress of the Project, and
shall not order or approve any changes in the approved Project design that
substantially change the nature of the Project without first consulting the
City.
4.4 Prior to Project completion, both parties shall perform a mutual final
inspection ("walk-through") of the Project. The City may provide a written
deficiency list to the County within five working days after the final
inspection. The contractor will complete only construction deficiencies
that comply with the contract specifications. Final Project acceptance will
be by the County Road Engineer.
5. PAYMENT
5.1 The City shall reimburse the County for the City's share of the Project
costs, calculated at 55.78 percent using average daily trips for the
intersection. The City's share of the Project costs is $312,000 plus in kind
services, including, but not limited to design review, permitting, and
inspections.
5.2 In addition to the City's shared costs described in Section 5.1, the City
shall reimburse the County for the full cost of City requested changes as
described Section 4.2.5. '
5.3 Upon execution of this Agreement, the County shall invoice the City for its
share of the total project cost that has been expended to date and will
further invoice the City for its share on a monthly basis with the total
amount of the City's share not to exceed $312,000. This $312,000 does not
include the in kind services provided by the City as described in Section
5.1 above. In addition, the County shall invoice the City for the costs of
City requested changes as described in sections 4.2.5 and 5.2 on a monthly
basis. The City shall pay the County no later than thirty(30) days after the
City receives the County's invoice, with one percent per month interest
being charged to the City as a delinquent charge, starting thirty (30) days
after the billing date.
5.4 In the event a lawsuit is instituted to enforce payment obligations of the
City, the prevailing party shall be entitled to recover all costs of such a
lawsuit, including reasonable attorney's fees.
6. DURATION/TERMINATION
6.1 This Agreement shall remain in effect until final acceptance of the Project
and payment by the City of all monies due from the City to the County,
subject to the early termination provisions below. ''
108`"Avenue SE and SE 168th Street(King County)
Benson Road S and S 3151 Street(City of Renton)Interlocal
Page 5 of 7
fir'
6.2 If expected or actual funding is withdrawn, reduced or limited in any way
prior to the completion of the Project, either party may, with thirty(30)
days written notice to the other party, terminate this Agreement.
6.3 In the event of termination prior to completion of the Project:
6.3.1 Termination costs payable shall not exceed the actual costs
incurred as a result of termination of the Project.
6.3.2 The other party shall be released from any obligation to provide
further services pursuant to the Agreement.
7. INDEMNIFICATION
Each party shall protect, defend, indemnify and save harmless the other party, its
officers, officials, employees and agents while acting within the scope of their
employment as such, from any and all suits, costs, claims, actions, losses,penalties,
judgments, and/or awards of damages, of whatsoever kind arising out of, or in
connection with, or incident to the services associated with this Agreement caused by
or resulting from each party's own negligent acts or omissions. Each party agrees that
it is fully responsible for the acts and omissions of its own employees and agents,
"rr✓ acting within the scope of their employment as such,as it is for the acts and omissions
of its own employees and agents. Each party agrees that its obligations under this
provision extend to any claim,demand, and/or cause of action brought by or on behalf
of any of its employees, or agents. The foregoing indemnity is specifically and
expressly intended to constitute a waiver of each party's immunity under Washington's
Industrial Insurance act,RCW Title 51, as respects the other party only, and only to the
extent necessary to provide the indemnified party with a full and complete indemnity
of claims made by the indemnitor's employees. The parties acknowledge that these
provisions were specifically negotiated and agreed upon by them.
8. FORCE MAJEURE
The County's performance under this Agreement shall be excused during any
period of force majeure. Force majeure is defined as any condition that is beyond
the reasonable control of the County, including but not limited to, natural disaster,
severe weather conditions, contract disputes, labor disputes, epidemic, pandemic,
delays in acquiring right-of-way or other necessary property or interests in
property, permitting delays, or any other delay resulting from a cause beyond the
reasonable control of the County.
108th Avenue SE and SE 168th Street(King County)
Benson Road S and S 31'Street(City of Renton)Interlocal
Page 6 of 7
9. DISPUTE RESOLUTION
In the event of a dispute between the parties regarding this Agreement, the parties
shall attempt to resolve the matter informally. If the parties are unable to resolve
the matter informally, the County Road Engineer shall have the final authority to
resolve disputes.
10. OTHER PROVISIONS
10.1 The County shall be deemed an independent contractor for all purposes and
the employees of the County, or any of its contractors, subcontractors and
their employees shall not in any manner be deemed to be employees of the
City.
10.2 Nothing contained herein is intended to,nor shall be construed to, create any
rights in any party not a signatory to this Agreement, or to form the basis for
any liability on the part of the City, the County, or their officials, employees,
agents or representatives, to any party not a signatory to this Agreement.
10.3 Waiver of any breach of any provision of this Agreement shall not be
deemed to be a waiver of any prior or subsequent breach and shall not be
construed to be a modification of the terms of this Agreement.
Ned
10.4 Each party shall retain ownership and usual maintenance responsibility for
the road, drainage system, signs, sidewalk and other property within its
jurisdiction.
10.5 If any provision of this Agreement shall be held invalid, the remainder of
the Agreement shall not be affected thereby if such remainder would then
continue to serve the purposes and objectives of the parties.
10.6 The captions in this Agreement are for convenience only and do not in any
way limit or amplify the provisions of this Agreement.
10.7 This Agreement contains the entire agreement of the parties and any
representations or understandings, whether oral or written, not incorporated
herein are excluded.
10.8 This Agreement may be amended only by an instrument in writing, duly
executed by both parties.
108th Avenue SE and SE 168th Street(King County)
Benson Road S and S 315`Street(City of Renton)Interlocal
Page 7 of 7
*al
IN WITNESS WHEREOF, the parties have entered into this Agreement effective as of
the date last written below.
KING COUNTY CITY OF RENTON
Linda Dougherty Kathy Keolker
Division Director, Road Services Division Mayor
Date Date
Attest:
Bonnie I. Walton
City Clerk
Date
APPROVED AS TO FORM: APPROVED AS TO FORM:
Deputy Prosecuting Attorney City Attorney
M MI M M NM IIIb. m IItlme W16 fir, fir, raw ..war, aea.rs arrow .rare. arty. arra..
CITY OF RENTON
PLANNING/BUILDING/PUBLIC WORKS
TRANSPORTATION SYSTEMS DIVISION
2007-2012 SIX-YEAR TIP
Benson Rd S/S 31st St Functional Classification: Minor Arterial Fund: 317
Proj.Length: Intersection Proj: 12129
RANK: 46 CONTACT: Bob Cavanaugh 425.430.7222
DESCRIPTION: STATUS:
Install a completely actuated traffic signal at Benson Rd S and S 31st St designed to provide for possible King County is the lead agency for determining when this project will proceed. They have
future Benson Rd.widening. completed design and would like to proceed to construction once the interlocal agreement
is agreed upon.
JUSTIFICATION: CHANGES:
The location is approaching signal warrants and the traffic volume is increasing. The signal will reduce Schedule may be accelerated pending interlocal agreement. Project costs reflect the City's
side street delays and improve safety. share of the project.
IFunded : 1350,000 (Unfunded: I
Project Totals Programmed Pre-2007 Six-Year Program
ITEM Programmed Spent Pre-2006 2006 Total 2007 2008 2009 2010 2011 2012
EXPENSES: _
Project Development
Precon Eng/Admin 110,000 110,000 110,000
R-O-W(includes Admin) 9,000 9,000 9,000
Construction Contract Fee 168,000 168,000 168,000
Construction Eng/Admin 48,000 48,000 48,000
Other 15,000 15,000 15,000
TOTAL EXPENSES 350,000 350,000 350,000
SOURCE OF FUNDS:
1/2 Cent Gas Tax
Business License Fee 44,200 44,200 44,200
Proposed Fund Balance 305,800 305,800 _ 305,800
Grants In-Hand
Mitigation In-Hand
L.I.D.'s Formed
Other In-Hand
Grants Proposed
Mitigation Proposed
L.I.D.'s Proposed
Other Proposed
Undetermined
TOTAL SOURCES 350,000 350,000 350,000
94mon 314 oeMMM 940Ani
5-46 FINAL
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CITY OF RENTON COUNCIL AGENDA BILL
Al#: fe)
fh
koss Submitting Data: Planning/Building/Public Works For Agenda of: February 5, 2007
Dept/Div/Board.. Transportation Systems
Staff Contact Peter Hahn,Deputy PBPW Agenda Status
Administrator—Transportation
(x7242) Consent X
Subject: Public Hearing..
Correspondence..
GCA Cooperative Agreement with Washington State Ordinance
Department of Transportation(WSDOT)for Design, Resolution X
Construction and Operation of the I-405, I-5 to SR 169 Old Business
Stage 1 —Widening Project.
Exhibits: New Business X
Issue Paper Study Sessions
Resolution Information
Agreement
Recommended Action: Approvals:
Legal Dept X
Refer to Transportation/Aviation Committee Finance Dept
Other
Fiscal Impact:
Expenditure Required... $0 Transfer/Amendment $0
Amount Budgeted $0 Revenue Generated $0
Total Project Budget $0 City Share Total Project $0
SUMMARY OF ACTION:
The I-405, I-5 to SR 169 Stage 1 —Widening Project will build an additional lane on I-405 in each
direction between SR 167 and I-5, including the complete replacement of the I-405 structures over
Oakesdale Avenue SW, Springbrook Creek,and the Springbrook Trail, and will build an additional
southbound lane on SR 167 between I-405 and SW 41st Street. The Washington State Department of
Transportation intends to execute this project using the design-build method of project delivery.
WSDOT and the City executed a Memorandum of Understanding in September 2004 that described
how the two would cooperate during the design and construction of I-405 projects. This Cooperative
Agreement further defines both WSDOT and City roles and responsibilities related to design and
construction of this project. In order for potential design-build contractors to better understand and
anticipate the working relationship between WSDOT and the City, WSDOT will include this
agreement in the project Request for Proposals(RFP)scheduled to be released February 16, 2007.
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the GCA Cooperative Agreement with the
Washington State Department of Transportation for the design, construction and operation of the
I-405, I-5 to SR 169 Stage 1 —Widening Project.
H:\Division.s\TRANSPOR.TAT\ADMIN\Agenda 2007\I-405,1-5 to SR 169 Stage 1 MOA Agenda Bill.doc
Cr, PLANNING/BUILDING/�. ♦ PUBLIC WORKS DEPARTMENT
��N�o� MEMORANDUM
DATE: February 5, 2007
TO: Toni Nelson, Council President
Members of the Renton City Council
VIA: -i' Kathy Keolker, Mayor
FROM: Gregg Zimmermat ; dministrator
STAFF CONTACT: Peter Hahn, Deputy PBPW Administrator—Transportation
(x7242)
SUBJECT: GCA Cooperative Agreement with Washington State
Department of Transportation (WSDOT) for Design,
Construction, and Operation of the I-405, I-5 to SR 169
Stage 1 —Widening Project
ISSUE:
err
Should the Mayor enter into a GCA Cooperative Agreement with the Washington State
Department of Transportation (WSDOT)for the design, construction, and operation of the 1-405,
I-5 to SR 169 Stage 1 —Widening Project?
RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the GCA Cooperative Agreement with the
Washington State Department of Transportation for the design, construction, and operation of the
I-405, I-5 to SR 169 Stage 1 —Widening Project.
BACKGROUND:
The I-405, 1-5 to SR 169 Stage 1 —Widening Project will build an additional lane on 1-405 in
each direction between SR 167 and 1-5, including the complete replacement of the I-405
structures over Oakesdale Avenue SW, Springbrook Creek, and the Springbrook Trail, and will
build an additional southbound lane on SR 167 between I-405 and SW 41st Street. The
Washington State Department of Transportation intends to execute this project using the
design-build method of project delivery.
Toni Nelson,Council President
Members of the Renton City Council
Page 2 of 2
February 5,2007
WSDOT and the City executed a Memorandum of Understanding in September 2004 that
described how the two would cooperate during the design and construction of I-405 projects.
This Cooperative Agreement further defines both WSDOT and City roles and responsibilities
related to design and construction of this project. In order for potential design-build contractors
to better understand and anticipate the working relationship between WSDOT and the City,
WSDOT will include this agreement in the project Request for Proposals (RFP) scheduled to be
released February 16, 2007.
Attachment: WSDOT GCA Agreement
cc: Peter Hahn,Deputy PBPW Administrator—Transportation
Jim Seitz,Transportation Planning&Programming Supervisor
Keith Woolley,Transportation Planning
Connie Brundage,Transportation Administrative Secretary
h\division.s\transpor.tat\admin\agenda 2007\i-405.i-5 to sr 169 stage 1 moa issue paper.doc
c r
1 -5 to SR 169 Widening — Stage 1
1 Lane in each direction on 1-405 (1-5 to SR 167)
1 Lane southbound on SR 167 (I-405 to SW 41st St)
,_.. ., 405
Renton / Tukwila � .
169
518
4:1//)
167
5� 181
+F SE 180th St.
405 vs- m•..�.
CITY OF RENTON, WASHINGTON
RESOLUTION NO. Ned
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON,
AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN
INTERLOCAL COOPERATIVE AGREEMENT WITH THE
WASHINGTON STATE DEPARTMENT OF TRANSPORTATION
REGARDING THE I-405/1-5 TO SR 169 STAGE 1 - WIDENING
PROJECT.
WHEREAS, the Washington State Department of Transportation ("WSDOT" or
"state") and the City of Renton (City) have been in contact regarding the project known as the I-
405 /1-5 to SR 169 Stage 1 —Widening Project (Project); and
WHEREAS, the state and City entered into a Memorandum of Understanding on
September 27, 2004, that described how the state and City would cooperate during the design and
construction of the project; and
WHEREAS, the City and state desire to further define communication channels and rules
that were included in the Memorandum of Understanding; and
WHEREAS, the City and state desire that an agreement be entered into to define the
roles and responsibilities of the City and state related to design and construction of the project;
and
WHEREAS, the City is willing to consent to the execution of the project upon the terms
and conditions contained in the Cooperative Agreement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DOES RESOLVE AS FOLLOWS:
SECTION L The above findings are true and correct in all respects.
1
RESOLUTION NO.
SECTION H. The Mayor and City Clerk are authorized to enter into an interlocal
It"' cooperative agreement with the state, entitled "GCA-5097 Cooperative Agreement for Design,
Construction, and Operation of the I-405/1-5 to SR 169 Stage 1 —Widening Project." The Mayor
and City Clerk are further authorized to enter into supplemental agreements with the state
regarding this project.
PASSED BY THE CITY COUNCIL this day of , 2007.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of , 2007.
fir,
Kathy Keolker, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
RES.1235:1/24/07:ma
°o✓
2
1 GCA-5097
2 COOPERATIVE AGREEMENT
3 For DESIGN, CONSTRUCTION, AND OPERATION of the
4 I-40511-5 TO SR 169 STAGE 1 - WIDENING PROJECT
5
6
7 This Cooperative Agreement for Design and Construction of the I-405/1-5 to SR 169
8 Stage 1 - Widening Project, hereinafter referred to as the AGREEMENT, is made and entered
9 into by the CITY OF RENTON, hereinafter referred to as the "CITY," and the STATE OF
10 WASHINGTON, DEPARTMENT OF TRANSPORTATION, acting by and through the
11 Secretary of the Department of Transportation, hereinafter referred to as the "STATE,"
12 collectively referred to as the "PARTIES" and individually referred to as "PARTY."
13
14 WHEREAS, the STATE, in the interest of providing congestion relief and improved
15 transit service in the I-405 Corridor, proposes improvements along I-405 within the CITY in a
16 project known as "The I-405/I-5 to SR 169 Stage 1 - Widening Project," hereinafter referred to
17 as the "PROJECT;" and
18
19 WHEREAS, the proposed PROJECT will require the STATE to perform certain work on
20 the CITY'S facilities; and
21
22 WHEREAS, the STATE, having secured full funding for the PROJECT, is willing to
23 undertake the construction of said PROJECT; and
24
25 WHEREAS, the CITY is willing to consent to the execution of said PROJECT upon the
26 terms and conditions herein stated; and
27
28 WHEREAS, the STATE will build the PROJECT using the design-build method of
29 project delivery; and
30
31 WHEREAS, the design-build method of project delivery is flexible and allows for the
32 development and finalization of the design after the contract is awarded, unlike the typical
33 design-bid-build method of project delivery; and
34
35 WHEREAS, the design of project elements in the design-build method of project delivery
36 moves faster than in the typical design-bid-build method of project delivery; therefore, expedited
37 CITY review of the design elements will be required; and
38
39 WHEREAS, the PROJECT will be delivered using the design-build method of project
40 delivery, and the PARTIES understand and agree that the PROJECT design will be finalized
41 after the contract is awarded; and
42
43 WHEREAS, the PARTIES executed a Memorandum of Understanding on September 27,
44 2004, that described how the PARTIES would cooperate during design and construction of the
45 PROJECT; and
46
1 of .; ' GCA 5097
47 WHEREAS, the PARTIES desire to further define communication channels and roles
.000,,.48 that were included in said Memorandum of Understanding; and
49
50 WHEREAS, the PARTIES desire this AGREEMENT to define the roles and
51 responsibilities of the PARTIES related to design and construction of the PROJECT; and
52
53 WHEREAS, the PARTIES recognize future supplements to this AGREEMENT, which
54 could be in the form of cooperative agreements and other types of agreements, may be necessary
55 to record final design decisions and define cost estimates related to the design and construction
56 of the PROJECT;
57
58 NOW, THEREFORE, by virtue of RCW 47.28.140, and in consideration of the terms,
59 conditions, covenants, and performances contained herein, or attached and incorporated and
60 made a part hereof, it is mutually agreed as follows:
61
62 1.0 GENERAL
63
64 1.1 The STATE will construct improvements along the I-405 Corridor, the general limits of
65 which are described in Exhibit A, attached hereto and by this reference made part of this
66 AGREEMENT.
67
68 1.2 The CITY and the Renton Administration Executive Committee (R A/E C), consisting of
69 the Chief Administrative Officer and CITY Administrators, and the STATE have had
*00.10 ongoing communication and negotiations that have resulted in many design decisions for
71 elements within the PROJECT, which are incorporated into this AGREEMENT or will
72 be incorporated into contract and other related agreements for this design-build
73 PROJECT.
74
75 2.0 ROLES
76
77 2.1 The PARTIES acknowledge that the STATE will enter into future contractual
78 agreement(s) with a design-builder, hereinafter referred to as the DESIGN-BUILDER,
79 for design and construction of the PROJECT.
80
81 2.1.1 The STATE agrees to hold a partnering session including STATE staff, CITY staff,
82 and DESIGN-BUILDER staff to review coordination processes and to determine the
83 need for, or frequency of, continuing coordination meetings.
84
85 2.1.2 The STATE shall track all CITY communication requests.
86
87 2.1.3 The STATE agrees to provide the CITY with a list of STATE representatives for the
88 PROJECT. The CITY agrees to direct all communication related to specific aspects
89 of the PROJECT through the appropriate STATE representatives, as follows:
90 a. Construction: I-405 Project Engineer
91 b. Design: I-405 Project Engineer
itair+2 c. Traffic Control: 1-405 Project Engineer
2 of 's _ GCA 5097
93 d. Public Information: I-405 Project Engineer
94 e. Utilities: I-405 Project Engineer
95 f. Environmental Compliance and Permitting: I-405 Project Environmental
96 Compliance Assurance Inspector
97 g. All Other Inquiries: I-405 Project Manager
98
99 2.1.4 The CITY agrees to provide the STATE with a list of CITY representatives for the
100 PROJECT. The STATE agrees to direct all communication related to specific aspects
101 of the PROJECT through the appropriate CITY representatives, as follows:
102 a. Construction: CITY Project Coordinator
103 b. Design: CITY Project Coordinator
104 c. Traffic Control: CITY Project Coordinator
105 d. Public Information: CITY Project Coordinator
106 e. Utilities: CITY Project Coordinator
107 f. Environmental Compliance and Permitting: CITY Project Coordinator
108 g. All Other Inquiries: CITY Project Coordinator
109
110 2.2 The STATE agrees to make presentations to the CITY when requested to do so by the
111 CITY. In addition, the STATE agrees to provide project updates to CITY staff on a
112 monthly basis. These updates will include project milestones and will be in a format
113 suitable for posting on the CITY website, or for inclusion in the CITY newsletter.
114 2.3 The STATE will develop a Public Information Plan, which will designate the STATE as
115 the primary source of PROJECT information to the public. The CITY and STATE will ,may
116 also continue coordinating outreach to the business community.
117 2.4 The STATE agrees to assist the CITY in meeting review time commitments included in
118 this AGREEMENT for this PROJECT. To achieve this, the STATE and CITY will enter
119 into a separate agreement for the STATE to contribute funding to a staff person for the
120 CITY to facilitate the CITY'S review.
121 2.4.1 Exclusive of funding for this additional staff person, the PARTIES agree to fund
122 and be fully responsible for their own respective costs associated with staff time
123 necessary to fulfill their roles and responsibilities as identified in this
124 AGREEMENT.
125
126 3.0 REVIEW OF PROJECT ELEMENTS UNDER CITY JURISDICTION
127
128 3.1 The STATE will provide the CITY with submittals and review documents for PROJECT
129 elements within CITY jurisdiction such as, but not limited to, repair of impacted CITY
130 roadways and sidewalks, streetlights along CITY roadways and trails, CITY street detour
131 routes, noise variance requests within the CITY limits, and right of way use permits
132 within the CITY limits. The CITY'S review of these elements will be limited to
133 conformance with applicable CITY design standards, standard plans, codes, and policies
134
3 of '. GCA 5097
'35 3.2 The STATE will review all requests from the DESIGN-BUILDER for completeness and
440,00736 compliance with contract requirements prior to forwarding them to the CITY Project
137 Coordinator for review.
138
139 3.3 The PARTIES recognize the importance of timeliness in reviews, avoidance of delays,
140 and minimizing costs for the PROJECT, as well as the mutual benefit provided in
141 shortening plan and proposal review times. To that end, the PARTIES commit to
142 reviewing and returning submittals within a maximum of ten (10) working days except
143 for certain permits and review periods defined in the Renton Municipal Code (RMC).
144
145 3.4 The CITY'S Project Coordinator agrees to assist in expediting CITY review and approval
146 of all submittals.
147
148 4.0 DESIGN OF ELEMENTS WITHIN CITY JURISDICTION
149
150 4.1 All plans for the PROJECT will follow the WSDOT Plans Preparation Manual. All
151 facilities within the I-405 limited access will use STATE design standards, except that the
152 Renton Municipal Code and Renton Standard Design Details will apply to plans for
153 CITY streets within limited access. The Renton Standard Design Details are located at:
154 http://rentonwa.gov/business/default.aspx?id=1020.
155
156 4.2 The PARTIES agree that the aesthetic treatments of the Master Plan compatible elements
'57 listed below will conform to the guidelines described in the I-405 Context Sensitive
Nero8 Solutions (CSS) Master Plan, hereinafter referred to as the CSS GUIDELINES and
159 incorporated into this AGREEMENT by this reference. The PARTIES understand that
160 the engineering details of aesthetic elements identified in the CSS GUIDELINES are
161 undergoing final review and that this review will not change the concepts developed
162 during the CSS process.
163
164 4.2.1 The I-405 Bridge over Springbrook Creek and Oakesdale Avenue will be built to
165 accommodate the future Oakesdale Avenue roadway width of seventy-nine (79)
166 feet. The east abutment of the bridge along Oakesdale Avenue will be a full face
167 abutment. The space in front of this abutment will be covered with rounded
168 stones imbedded in concrete. The bridge abutments, columns, and barriers will
169 incorporate the CSS treatments described in the CSS GUIDELINES.
170
171 4.2.2 Portions of the new wall constructed in the vicinity of the I-405 crossing at
172 Oakesdale Avenue will be compatible with the I-405 Master Plan. These walls
173 will be finished with the ashlar finish as described in the CSS GUIDELINES.
174
175 4.2.3 New walls constructed by the PROJECT along the south side of I-405 and along
176 the west side of SR 167 are not compatible with the I-405 Master Plan. These
177 walls will be finished with limited CSS architectural treatments as described
178 below:
"-79
New
4 of GCA 5097
180 4.2.3.1 apply texture to concrete surfaces to reduce apparent scale and to blend
181 with other elements within the corridor; and, Natoli
182
183 4.2.3.2 darken concrete surfaces to aid in reducing reflective sunlight glare and
184 apparent reduction of scale.
185
186 4.3 If the STATE'S DESIGN-BUILDER proposes a design change to an existing CITY
187 facility such as a CITY street, sidewalk, trail, streetlight, or traffic signal, the STATE
188 agrees to present the change to the CITY for review.
189
190 4.4 If the CITY proposes a change to an existing CITY facility such as a CITY street,
191 sidewalk, trail, street light, trail lighting, or traffic signal, the CITY shall request a
192 meeting through the appropriate STATE representative with the STATE'S DESIGN-
193 BUILDER. The STATE agrees to meet in a cooperative spirit to review and discuss the
194 proposed change. If the STATE determines the proposed change to be feasible and
195 appropriate, the PARTIES shall negotiate the responsibilities for payment of costs
196 associated with the requested change based on the benefits of the proposed change to
197 each PARTY. If the PARTIES can mutually agree on payment responsibilities, the
198 STATE will implement the change. The consideration of potential schedule delays,
199 which may result in additional cost, shall be of paramount importance to both PARTIES,
200 with reducing cost as the primary goal and acknowledged mutual benefit.
201
202 4.5 The STATE will provide the CITY with plans of any changes to the CITY facilities listed
203 above for review. These reviews will be conducted at the design development level and
204 at the final design level. The CITY will review the plans for conformance with
205 applicable CITY regulations. Except for certain permits and review periods defined in
206 the Renton Municipal Code and other extraordinary incidences, such as CITY
207 emergencies and extreme and unusual weather conditions affecting the CITY'S ability to
208 perform normal functions, the CITY agrees to review and return submittals within a
209 maximum of ten (10) working days after receipt of plans, indicating either"approved,"
210 "approved with comments," or"not approved, contractor to revise and resubmit."
211
212 4.6 The CITY shall provide the STATE with a CITY Design Memorandum for specific
213 arterial design standards for Oakesdale Avenue.
214
215 4.7 The STATE may relocate a portion of the Springbrook Creek Trail where it passes under
216 I-405. The relocated trail will be an "in kind" replacement built to the same standards as
217 the existing trail. The STATE will provide the CITY with relocation plans for CITY
218 review and comment prior to construction of the relocated trail. These plans will include
219 trail design standards, lighting, and landscaping.
220
221 4.8 The STATE will procure, install, and wire standard pedestrian lighting along the
222 Springbrook Creek Trail where it passes under the new I-405 Bridge. The CITY shall
223 reimburse the STATE the cost of providing any additional pedestrian lighting outside the
224 limits of the structure, including, but not limited to,the cost of the lights, the electrical
225 cabinet(s), and the electrical service hook up. Following completion of the PROJECT,
5 of GCA 5097
126 the pedestrian lighting shall be maintained by the CITY. The electrical power to the
140,27 lights shall be provided by the CITY.
228
229 5. CITY OWNED UTILITIES
230
231 5.1 Any protection or relocation of utilities required by the construction of the PROJECT
232 will be covered under a separate agreement.
233 5.2 Resolution of hydrants for fire protection on I-405 and SR 167 within the project limits
234 will be addressed separate from this agreement.
235
236 6 DRAINAGE
237
238 6.0 STORM DRAINAGE
239
240 6.1 The STATE, working with its DESIGN-BUILDER, shall provide a drainage report that
241 will include hydrologic/hydraulic analysis of water quality/detention facilities and
242 conveyance systems that convey runoff through the PROJECT site and discharge to
243 downstream systems, streams wetlands, and rivers. This report will discuss downstream
244 analysis and compensatory storage analysis.
245
246 6.2 Drainage facilities that convey runoff from offsite areas and discharge PROJECT runoff
247 to downstream systems will meet WSDOT flow control and down stream analysis
'48 requirements, which are deemed to be equivalent to the CITY storm water design
Nowt9 standards and protects against the degradation of downstream flooding conditions.
250
251 6.3 In addition to the WSDOT flow control requirements, design shall verify that detention
252 facilities will not impact (increase)the existing one hundred(100) year storm event peak
253 flow rate, downstream of the project. This will be documented in the downstream
254 analysis.
255
256 6.4 The STATE, working with its DESIGN-BUILDER, shall provide floodplain volumes of
257 fill. These fill volumes will be provided in 1-foot increments of elevation. Mitigation
258 will be provided for this fill at equal volumes and at equal elevations. A table showing
259 compensatory storage and mitigation will be provided to the CITY for review and
260 comment. The City will allow the use of the Springbrook Creek Wetland and Habitat
261 Mitigation Bank for floodplain fill that occurs in areas that are off the main channel of
262 Springbrook Creek. Any fill that occurs within the main channel of Springbrook Creek
263 will be mitigated in the channel near the location where the fill occurs and meet with a
264 zero rise standard based upon a hydraulic analysis. For project fills that are mitigated at
265 the Bank, WSDOT must demonstrate (through hydraulic analysis) that there will be no
266 drainage impacts upstream or downstream of the area to be filled. WSDOT can use the
267 surplus compensatory storage created by the Bank that is in excess of the flood storage
268 needed to meet the City's flood hazard reduction requirements as defined in the approved
269 Eastside Green River Watershed Project EIS hydraulic model.
'0
Nowl
6 of ; ? GCA 5097
272 6.5 The STATE, working with its DESIGN-BUILDER, shall verify that the PROJECT will
273 not impact the Oakesdale Avenue pump station.
274
275 6.6 The STATE working with its DESIGN-BUILDER will assure that stormwater
276 management facilities located within 10,000 feet of the Renton Municipal Airport are
277 designed according to Federal Aviation Administration (FAA) Advisory Circular
278 150/5200-33, and grading of these facilities shall be coordinated with the United States
279 Department of Agriculture and FAA.
280
281 6.7 Project documentation that demonstrates compliance with Items 6.1 through 6.6 (above)
282 shall be submitted in sufficient time to allow the City a minimum of 15 working days to
283 review and provide comments
284
285 7.0 TRAFFIC CONTROL AND DETOUR PLAN APPROVAL PROCESS ON CITY
286 STREETS
287
288 7.1 The STATE, working with its DESIGN-BUILDER, shall submit proposed road and trail
289 closures, detours, and traffic control plans involving CITY streets to the CITY'S Public
290 Works Department for approval at least three (3) weeks prior to proposed closures. The
291 CITY shall review each submittal and return it to the STATE within ten (10) business
292 days after receipt of plans, indicating either"approved," "approved with comments," or
293 "not approved, contractor to revise and resubmit."
294
295 7.2 The STATE will not permit its DESIGN-BUILDER to close any ramp or highway lane
296 during daylight hours or any lane on any local road from the third Thursday in November
297 to the following second day in January, nor during either the weekend(s) of IKEA sale
298 events or the week of the Renton River Days celebration. The STATE shall notify the
299 city emergency services on the 911 line 24 hours prior to any I-405 lane closures.
300
301 7.3 The STATE will conform to the 16.5 feet height restrictions on Oakesdale Avenue for the
302 I-405 Bridge over Springbrook Creek and Oakesdale Avenue. During construction the
303 minimum vertical clearance may be reduced to 14.5 feet to accommodate falsework.
304
305 8.0 WORK WITHIN THE CITY RIGHT OF WAY
306
307 8.1 The STATE will notify the CITY two (2) weeks in advance of any work within the CITY
308 right of way.
309
310 8.2 The CITY may furnish an inspector to ensure proper compliance with CITY requirements
311 for CITY owned elements of the PROJECT located within the CITY owned right of way.
312 The CITY inspector shall advise the I-405 Project Engineer of any non-compliance
313 issues. The CITY inspector shall not communicate directly with the DESIGN-
314 BUILDER.
315
316 8.3 The CITY will furnish an inspector to ensure proper compliance with CITY requirements
317 of elements of the PROJECT located within the areas to be turned back to the CITY. The
7 of . < i_. GCA 5097
•
118 CITY inspector shall advise the I-405 Project Engineer of any non- compliance issues.
x.'19 The CITY inspector shall not communicate directly with the DESIGN-BUILDER, and
320 will follow the Design-Builders protocols when visiting the project site.
321
322 8.4 Plantings within the CITY right of way shall conform to the CITY Critical Area
323 Ordinance. The STATE will provide the maintenance of plantings within the CITY right
324 of way for three (3) years.
325
326 9.0 WORK WITHIN AND/OR OVER THE CITY OF RENTON AQUIFER
327 PROTECTION AREA
328
329 9.1 The STATE does not anticipate that the PROJECT will have any work within or over the
330 City of Renton Aquifer Protection Area Zones 1 and 2.
331
332 9.2 All construction within, and/or over, the City of Renton Aquifer Protection Area Zones 1
333 and 2 shall comply with the Washington State Wellhead Protection Requirements
334 outlined in WAC 246-290-135(4) and the CITY of RMC 4-3-050C and H., 4-4-030 and
335 RMC 4-9-015.
336
337 10.0 PERMITS
338
339 10.1 The STATE, and/or its DESIGN-BUILDER, shall apply for and obtain all necessary
40 permits for work within the corporate limits of the CITY and regulated by the CITY,
*1•141 including, but not limited to, the following:
342 a. Exceptions to the hours for development activity(per Renton Municipal Code).
343 b. Noise variance approvals (per Renton Municipal Code).
344 c. Public Works permit, which includes all road construction work within the
345 CITY'S right of way. This includes, but is not limited to, review of haul routes,
346 proposed road closures, and design and construction of local roads, sidewalks,
347 curbs, driveway curb cuts, pavement sections, temporary construction agreements,
348 easements, etc.
349
350 10.2 The CITY shall review each permit submittal and return it to the STATE within a
351 maximum of ten (10) business days after receipt of each submittal, except for certain
352 permits and review periods defined in the Renton Municipal Code, and will indicate
353 either"approved," "approved with comments," or"not approved, contractor to revise and
354 resubmit."
355
356 10.3 The STATE will provide the CITY with copies of local, state, and federal permits
357 required for work within and adjacent to Springbrook Creek.
358
359 11.0 DISPUTES
360
361 11.1 In the event that issues arise that are not addressed in this AGREEMENT, the CITY and
'2 STATE agree to work quickly and collaboratively to determine a resolution.
**rod
8 of GCA 5097
364 11.2 In the event that a dispute arises under this AGREEMENT, the PARTIES shall work
365 collaboratively toward resolution using the following guidelines at the lowest
366 organizational level.
367
368 11.3 Informal Resolution.
369
370 11.3.1 The CITY'S Project Coordinate and the STATE'S I-405 Project Engineer shall
371 jointly cooperate to informally resolve any disputes as quickly and efficiently as
372 possible.
373
374 11.3.2 If dispute resolution is not successful a the level described above, the CITY'S
375 Deputy Planning, Building, and Public Works Administrator—Transportation and
376 the STATE'S I-405 Project Manager shall jointly cooperate to informally resolve
377 any dispute.
378
379 11.3.3 If dispute resolution is not resolved at the level described above, the CITY'S
380 Planning, Building, and Public Works Administrator, and the STATE'S I-405
381 Deputy Project Director shall jointly cooperate to informally resolve any dispute.
382
383 11.3.4 If dispute resolution is not successful at the level described above, the CITY'S
384 Chief Administrative Officer and the STATE'S I-405 Project Director shall
385 jointly cooperate to informally resolve any dispute.
386
387 11.4 Written Notice. If unresolved, the CITY'S Planning, Building, and Public Works ,,moi
388 Administrator and the STATE'S I-405 Project Director shall notify each other in writing
389 of any dispute needing resolution. They shall meet together with appropriate staff from
390 the CITY and STATE, if any, within three(3) business days of receiving the written
391 notice in order to resolve the dispute to the satisfaction of both PARTIES. Each PARTY
392 agrees to compromise to the fullest extent possible in resolving the dispute in order to
393 avoid delays and minimize PROJECT costs.
394
395 11.5 Dispute Resolution Panel. If still unresolved, the CITY'S Planning, Building, and Public
396 Works Administrator and the STATE'S I-405 Project Director shall each appoint a
397 member to a dispute resolution panel. These two members shall select a third member
398 not affiliated with either PARTY. The decision made by this panel shall be final and
399 binding on the PARTIES to this AGREEMENT. The STATE and the CITY shall each
400 pay fifty (50)percent of the costs for the third member of the dispute resolution panel.
401
402 12.0 INDEMNIFICATION AND HOLD HARMLESS
403
404 12.1 The PARTIES agree to the following: Each of the PARTIES shall protect, defend,
405 indemnify, and save harmless the other PARTY, its officers, officials, employees, and
406 agents, while acting within the scope of their employment as such, from any and all costs,
407 claims,judgment, and/or awards of damages, arising out of, or in any way resulting from,
408 each of the PARTY'S negligent acts or omissions. No PARTY will be required to
9 of ' GCA 5097
109 indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for
lift of 10 injuries, death, or damages is caused by the sole negligence of the PARTY.
411
412 12.2 Where such claims, suits, or actions result from the concurrent negligence of the
413 PARTIES, the indemnity provisions provided herein shall be valid and enforceable only
414 to the extent of a PARTY'S own negligence. Each of the PARTIES agree that its
415 obligations under this subparagraph extend to any claim, demand, and/or cause of action
416 brought by, or on behalf of, any of its employees or agents. For this purpose, each of the
417 PARTIES, by mutual negotiation, hereby waive, with respect to the other PARTY only,
418 any immunity that would otherwise be available against such claims under the Industrial
419 Insurance provisions of Title 51 RCW. In any action to enforce the provisions of this
420 Section, the prevailing PARTY shall be entitled to recover its reasonable attorney's fees
421 and costs from the other PARTY. This indemnification shall survive any termination of
422 this AGREEMENT.
423
424 13.0 AMENDMENT
425
426 13.1 Either PARTY may request changes in these provisions. Such changes, which are
427 mutually agreed upon, shall be incorporated as written amendments to this
428 AGREEMENT. No variation or alteration of the terms of this AGREEMENT shall be
429 valid unless made in writing and signed by authorized representatives of the PARTIES
430 hereto.
'31
* 1032 14.0 ALL WRITINGS CONTAINED HEREIN
433
434 14.1 This AGREEMENT contains all the terms and conditions agreed upon by the PARTIES
435 to this AGREEMENT. No other understanding, oral or otherwise, regarding the subject
436 matter of this AGREEMENT shall be deemed to exist or to bind any of the PARTIES
437 hereto.
438
439 15.0 GOVERNANCE
440
441 15.1 This AGREEMENT is entered into pursuant to, and under the authority granted by, the
442 laws of the State of Washington and any applicable federal laws. The provisions of this
443 AGREEMENT shall be construed to conform to those laws.
444
445 16.0 EFFECTIVENESS AND DURATION
446
447 16.1 This AGREEMENT is effective upon execution by both PARTIES and will remain in
448 effect through final acceptance of the PROJECT by WSDOT.
449
450 17.0 SEVERABILITY
451
452 17.1 If any provision of this AGREEMENT, or any provision of any document incorporated
^3 by reference, shall be held invalid, such invalidity shall not affect the other provisions of
*stre4 this AGREEMENT that can be given effect without the invalid provision, if such
10 of ! ',11 GCA 5097
455 remainder conforms to the requirements of applicable law and the fundamental purpose
456 of this AGREEMENT, and to this end the provisions of this AGREEMENT are declared
457 to be severable.
458
459 18.0 TERMINATION
460
461 18.1 This AGREEMENT may be terminated by either PARTY upon sixty (60) calendar days'
462 written notice.
463
464 19.0 VENUE
465
466 19.1 In the event that either PARTY deems it necessary to institute legal action or proceedings
467 to enforce any right or obligation under this AGREEMENT, the PARTIES hereto agree
468 that any such action or proceeding shall be brought in a court of competent jurisdiction
469 situated in Thurston County, Washington, and only upon exhaustion of the dispute
470 resolution process outlined in Section 11 of this AGREEMENT.
471
472 IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT as of the
473 last date written below:
474
475 CITY OF RENTON STATE OF WASHINGTON
476 DEPARTMENT OF TRANSPORTATION
477
478
479
480
481 By By
482 Kathy Keolker Kim Henry
483 Mayor WSDOT, Project Director
484 City of Renton I-405 Congestion Relief and
485 Bus Rapid Transit Project
486
487
488 Date Date
489
490
491 APPROVED AS TO FORM: APPROVED AS TO FORM:
492
493
494
495 By (print) By (print)
496
497
498
499 Signature Signature
500 City Attorney Assistant Attorney General ,,
11 of GCA 5097
501 Office of the Attorney General
503
504
505 Date Date
506
507
508
509
Now
Nioir
12 of GCA 5097
509 EXHIBIT A
510 GENERAL PROJECT DESCRIPITON
NIS
511
512 General elements of the PROJECT are identified below:
513 • In Tukwila:
514 o Add one general-purpose northbound lane and one general-purpose southbound
515 lane on I-405 from the I-5 Interchange to the eastern Tukwila city limits.
516 o It is anticipated that non-standard lane and shoulder widths will be incorporated
517 on 1-405 through Tukwila.
518 o Rebuild the on ramp between Tukwila Parkway and northbound I-405.
519 o Construct a drainage pond within the I-405 /I-5 interchange.
520 o Add approximately one foot of width to each side of the I-405 Bridge over the
521 BNSF Railway and the Union Pacific Railroad.
522 o The widening described above is anticipated to widen the existing 1-405 roadway
523 without rebuilding the 61St Avenue Bridge, the 68th Avenue Bridge, any of the
524 bridges over the Green River or the 1-405 Bridge over SR 181.
525
526 • In Renton:
527 o 1-405: Add one general-purpose northbound lane and one general-purpose
528 southbound lane on I-405 from the western CITY limits to the SR 167
529 Interchange.
530 o SR 167: Extend the southbound auxiliary lane from the SR 167 on-ramp, between
531 I-405 and SR 167, to the SW 41st Street exit and extend the southbound High
532 Occupancy Vehicle (HOV) lane north to I-405.
533 o It is anticipated that non-standard lane and shoulder widths will be used on 1-405
534 through Renton.
535 o Add approximately one foot of width to each side of the 1-405 Bridge over the
536 BNSF Railway and the Union Pacific Railroad
537 o Construct a new Bridge carrying I-405 over Springbrook Creek, the Springbrook
538 Creek Trail and Oakesdale Avenue
539 o The widening described above is anticipated to widen the existing 1-405 roadway
540 without rebuilding the Lind Avenue Bridge or the I-405 Bridge over SR 167.
541
542
543
544
545
546
547
548
549
550
551
Nad
13 of 1 • GCA 5097
et
1
CITY OF RENTON COUNCIL AGENDA BILL r
V
AI #: 6- f
Submitting Data: Planning/Building/Public Works For Agenda of:
Dept/Div/Board.. Utility Systems Division/ Surface February 5, 2007
Water Utility
Staff Contact Ron Straka(ext. 7248) Agenda Status
Steve Lee(ext. 7205)
Consent X
Subject: Public Hearing..
Final Pay Estimate—CAG-06-141, Correspondence..
SWP-27-3037, May Creek Slope Stabilization at Ordinance
Edmonds Ave. Storm Outfall Replacement Project Resolution
Old Business
Exhibits: New Business
Final Pay Estimate(Estimate#4) Study Sessions
Notice of Completion of Public Works Contract Information
Recommended Action: Approvals:
Council Concur Legal Dept
Finance Dept X
Other
Fiscal Impact:
Expenditure Required... $10,875.00 Transfer/Amendment
Amount Budgeted $299,625.00 Revenue Generated
Total Project Budget $399,500.00 City Share Total Project..
SUMMARY OF ACTION:
The contractor for the May Creek Slope Stabilization at Edmonds Ave. Storm Outfall Replacement
Project was Fury Construction, LLC. Construction started on September 27, 2006, and all work
was completed by November 3,2006. The original contract amount was $139,060.00 and the final
contract amount is $152,586.00. The discrepancy of$13,526.00 is due to differences in bid item
material quantities for shoulder ballast and quarry spalls.
The project was funded from the Surface Water Utility Capital Improvement Program, account
number 427.000600.018.5960.0038.65.065350. The approved 2006 Capital Improvement Program
budget was $399,500. Of that amount, approximately$299,625 was available for this and other
May Creek projects.
The 2006 Surface Water Utility Capital Improvement Program 427 account has sufficient budget
remaining to fund the final pay estimate in the amount of$10,875.00. The 2007 Surface Water
Capital Improvement Program 427 account has sufficient carry forward budget from 2006 to fund
the final pay estimate.
STAFF RECOMMENDATION:
Accept the project, approve the final pay estimate in the amount of$10,875.00, and release the
retainage bond in the amount of$6,953.00, after 60 days, subject to the receipt of all required
authorizations.
H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-3037 May Creek Slope Stabilization Program\1600 Construction\1605
Constr Pay Estimates\Final Documents\061222-AgendaBill-Final.doc\SLmd
TO: FINANCE DIRECTOR
FROM: PUBLIC WORKS ADMINISTRATOR
CONTRACTOR: Fury Construction, LLC
!TRACT NO. CAG-06-141 ESTIMATE NO. 4 FINAL
PROJECT: May Creek Bank Stabilization:At Edmonds Ave Storm Replacement Outfall
1. CONTRACTOR EARNINGS THIS ESTIMATE $10,875.00
2.
3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $10,875.00
4. EARNINGS PREVIOUSLY PAID CONTRACTOR $141,711.00
5. EARNINGS DUE CONTRACTOR THIS ESTIMATE $10,875.00
6. SUBTOTAL-CONTRACTOR PAYMENTS $152,586.00
10. RULE 171, TAX INCLUDED IN BID ITEMS $0.00
11. SALES TAX DUE THIS ESTIMATE $0.00
12. SUBTOTAL-SALES TAX $0.00
GRAND TOTAL: $152,586.00
FINANCE DEPARTMENT ACTION:
PAYMENT TO CONTRACTOR (Lines 5 and 11): (Contractor provided retainage bond document previously.)
ACCOUNT # 427.000600.018.5960.0038.65.065350/65350/5354 # 4 $10,875.00
TOTAL THIS ESTIMATE: $10,875.00
CHARTER 116, LAWS OF 1965
CITY OF RENTON CERTIFICATION
I,THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF
PERJURY,THAT THE MATERIALS HAVE BEEN FURNISHED,THE VL I-13-07
SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED
HEREIN,AND THAT THE CLAIM ISA JUST,DUE AND UNPAID
OBLIGATION AGAINST THE CITY OF RENTON,AND THAT I AM
AUTHORIZED TO AUTHENTICATE AND CERTIFY TO SAID CLAIM
aigneo:
* The Contractor(Fury Construction, LLC) has a retainage bond on file with the City
`°err,
Printed On:01/17/2007 City of Renton Public Works Department Page 1
4.
Printed On:01/17/2007 City of Renton Public Works Department Page 1
May Creek Bank Stabilization:At Edmonds Ave Storm
Project: Replacement Outfall Contract Number. CAG-06-141
Contractor:Fury Construction,LLC Pay Estimate 4(Final) Closing Date: 11/30/2006 y,
Item Description Unit Est. Unit Previous Previous This This Total Totals
No. Quantity Price Quantity Amount Quantity Amount Quantity Amount
r
001. Mobilization&Demobilization Lump Sum 1 $15,000.00 0.70 $10,500.00 0.30 $4,500 00 1.00 $15,000.00
002. Construction Surveying,Staking,and As-Builts Lump Sum 1 $5,000.00 0.70 $3,500.00 0.30 $1,500 00 1.00 $5,000.00
003. Traffic Control,including Plan Lump Sum 1 $3,500.00 1.00 $3,500.00 $0.00 1.00 $3,500.00
004. Clearing and Grubbing Lump Sum 1 $12,000.00 1.00 $12,000.00 $0.00 1 00 $12,000.00
005. Trench Excavation Safety System Lump Sum 1 $2,000.00 1.00 $2,000.00 $0.00 1.00 $2,000.00
006. Import Trench Backfill Ton 50 $25.00 0.00 $0.00 $0.00 0.00 $0.00
007. Plugging Existing Pipe Lump Sum 1 $800.00 1.00 $800.00 $000 1.00 $800.00
008. Modify Existing Manhole Lump Sum 1 $500.00 1.00 $500.00 $0.00 1.00 $500.00
009. 24-inch Diameter,HDPE Storm Pipe,SDR26 Lineal Feet 360 $115.00 360.00 $41,400.00 $0.00 360.00 $41,400.00
010. Concrete Block with Wall Anchor Each 2 $2,500.00 2.00 $5,000.00 $0.00 2.00 $5,000.00
011. Manhole,48-inch Dia.W/Overflow Birdcage Str. Each 1 $11,500.00 1.00 $11,500.00 $0.00 1.00 $11,500.00
012. Shoring or Extra Excavation Cl.B. Sq-Ft 600 $8.00 600.00 $4,800.00 $0.00 600.00 $4,800.00
013. Structure Excavation Class B,ind.Haul Cu-Yard 123 $20.00 123.00 $2,460.00 $0.00 123 00 $2,.
vati
014. Helical Earth Anchor Each 24 $500.00 18 $9,000.00 6.00 $3,000 00 24.00 $12,000.00
015. Gabion Mattress Lump Sum 1 $3,000.00 1.00 $3,000.00 $0.00 1.00 $3,000.00
016. Temporary Water Pollution/Erosion Control Lump Sum 1 $2,000.00 1.00 $2,000.00 $0.00 1.00 $2,000 00
017. Seeding,Fertilizing,and Mulching Lump Sum 1 $2,500.00 0.25 $625.00 0.75 $1,875.00 1.00 $2,500.00
018. Spill Prevention,Control,&Countermeasures Lump Sum 1 $3,000.00 I 1.00 $3,000.00 $0 00 1.00 $3,000.00
019. Shoulder Ballast Ton 120 $30.00 644.40 $19,332 00 $0.00 644.40 $19,332.00
020. Construction Geo-textile for Permanent Erosion Control Sq-Ft 50 $5.00 50.00 $250.00 $0.00 50.00 $250.00
021. Quarry Spalls Cu-Yard 2 $100 00 57 44 $5,744.00 $0.00 57 44 $5,744.00
022. Temporary Stormwater Bypass System Lump Sum 1 $800.00 1.00 $800.00 $000 100 $800.00
023. Landscaping and Planting(Lump Sum) Lump Sum 1 $5,000.00 0 00 $0.00 $0 00 0.00 $0.00
024. Minor Changes Lump Sum 1 $1,500.00 0.00 $0.00 $0.00 0.00 $0.00
Subtotal $141,711 00 $10,875.00 $152,586.00
TT Total $141,711.00 $10,87500 $152,586.00
fi)tc /-P-&7
,c0.sTArgo4, State of Washington Reg.No.:
c Q Department of Revenue
Audit Procedures&Administration Date:
CSO
#1yna PO Box 47474
''�/ `�1889
Olympia,Washington 98504-7474
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
From: DEPARTMENT USE ONLY
City of Renton Assigned To
Tracy Schuld
1055 South Grady Way Date Assigned
Renton, WA 98055
Notice is hereby given relative to the completion of contract or project described below.
Description of Contract CAG-06-141 - May Creek Bank Stabilization—At Edmonds Avenue
Stormwater Outfall Replacement Project
Contractor's Name Fury Construction,LLC Telephone No.425-888-1596
Attn:Denis Fury Cell: 425-766-1776
Contractor's Address PO Box 1198
North Bend, WA 98045
Date Work Commenced Date Work Completed Date Work Accepted
September 27,2006 November 3,2006 January 22,2007
`o"' Surety or Bonding Co. Travelers Casualty and Surety Company of America
Agent's Address Anne Strieby,Travelers Casualty and Surety Co. (Bradtrude Middleton Insurance)
PO Box 2940,Tacoma, WA 98401 Phone:253-761-3259
Contract Amount: $139,060.00 Amount Disbursed: $152,586.00
Additions or Reductions: +$13,526.00 Amount Retained: $0.00*
Sales Tax: $0.00* Total: $152,586.00
Total $152,586.00
*Note: Sales Tax=0 due to State Rule 171 whereby tax included in unit prices,amount retained=$0 because contractor used retainage bond.
By
(Disbursing Officer)
Phone No:
The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, Olympia, Washington 98504-
7474,immediately after acceptance of the work done under this contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until
receipt of Department's certificate,and then only in accordance with said certificate.
FORM REV 31 0020(12-92)
'tri✓
DC:CTY31 0020 11/99 bh
CITY OF RENTON COUNCIL AGENDA BILL �}
AI#: .. P•
Submitting Data: For Agenda of: February 5, 2007
Dept/Div/Board.. Planning/Building/Public Works
Utilities Division
Staff Contact Lys Hornsby x7239 Agenda Status
Nenita Ching x7291
Consent X
Subject: Public Hearing..
Water, Wastewater, and Surface Water Comprehensive Correspondence..
Rate Study and System Development Charges Study Ordinance
Resolution
Old Business
Exhibits: New Business
Contract Addendum#3 Study Sessions
Information
Recommended Action: Approvals:
Council Concur Legal Dept
Finance Dept
Other
I Fiscal Impact:
illExpenditure Required... $9,580 Transfer/Amendment -0-
Amount Budgeted $9,580 Revenue Generated -0-
Total Project Budget $120,525 City Share Total Project $9,580
SUMMARY OF ACTION:
The City's policy is to periodically conduct a comprehensive utility rate study to update assumptions and
to ensure the long-term solvency and viability of the City's utilities. The comprehensive rate study is an
extensive review of water, wastewater, and surface water rates, rate structures, and cost of service.
Financial Consulting Solutions Group, Inc, a financial/rate consulting firm, was hired to conduct the
study. Additional rate scenario analysis requested by the City required amendments to the contract to
extend the study period to December 31,2006 and to increase the original project budget by$13,000.
In addition, further work is needed for the Water Utility, which is seeking ways to reduce peak water
usage, and thus, stress on water supply. Staff requests an amendment to the contract to increase the
project budget by$9,580 (bringing the total project budget to $120,525) and to extend the study period to
December 31, 2007. The 2007 budget will not be amended as there is sufficient budget in the utility's
professional services to absorb$9,580.
STAFF RECOMMENDATION:
Approve Addendum#3 to the consultant contract with Financial Consulting Solutions Group, Inc. to
increase the project budget by$9,580 to $120,525 and to extend the contract to December 31, 2007.
littov
H:\File Sys\ADM-PBPW Adminstration\Analyst\UTIL\Rate Study\Rate Study Agenda Bill_2.doc
ADDENDUM NO. 3
CONSULTANT AGREEMENT FOR PROFESSIONAL
FINANCIAL SERVICES
for
Water, Wastewater, and Surface Water Comprehensive Rate Study
And System Development Charges Study
CAG-06-007
This Addendum is made and entered into this day of , 2007, by and between the City of
Renton,hereinafter called the"City", and Financial Consulting Solutions Group, Inc.whose address is 8201
164th Ave NE, Suite 300,Redmond WA 98052, hereinafter called the"Consultant".
WITNESSETH THAT:
WHEREAS,the City engaged the services of the consultant under Financial Services Consultant Agreement
CAG-06-007, dated February 1,2006 to provide financial services necessary for the Water, Wastewater,and
Surface Water Comprehensive Rate Study and System Development Charges Study,and
WHEREAS,the City desires to complete the work associated with the Water, Wastewater,and Surface Water
Comprehensive Rate Study and System Development Charges Study,and the City does not have sufficient
qualified employees to perform the work within a reasonable time; and
WHEREAS,the City and Consultant have determined additional work to perform analysis of rate revenue
requirements, such additional work items and costs being shown in the attachment to this Addendum No. 3.
NOW, THEREFORE, in accordance with Section VIII,Extra Work of the Master Agreement CAG-06-007,
dated February 1, 2006, it is mutually agreed upon that Financial Services Consultant Agreement CAG—06-
007, is amended to include the work and associated budget as follows:
Revise the maximum amount payable for the additional work items defined in the attachment
to this Contract Addendum #3 from $110,945 to$120,525, which represents an increase of
$9,580.
All other provisions of Financial Services Consultant Agreement CAG-06-007 dated February 1,2006 shall
apply to this addendum.
EXECUTION
IN WITNESS WHEREOF,the parties have executed this Addendum No. 3 to FINANCIAL SERVICES
CONSULTANT AGREEMENT CAG-06-007, as of the day and year first above written.
CONSULTANT CITY OF RENTON
Signature Date Kathy Keolker, Mayor Date
type or print name ATTEST:
Title Bonnie I. Walton, City Clerk
Addendum_3.doc Addendum/bh 12/99
ti
Attachment to Addendum #3
(Master Agreement CAG-06-007 dated 2/1/06)
Scope of Work: `' ``
1. Revise "Test Year" 2007 water cost of service analysis to incorporate a separate irrigation customer
class and changes in customer class peaking factors. Specific tasks will include:
• Re-evaluate and summarize customer water usage/patterns with irrigation usage separated out
from other customer classes.
• Re-calculate customer class peaking factors.
• Based on evaluation of peaking factors, determine if multi-family residential (MFR) should be a
separate class or combined with all other non-single family residential.
• Re-run cost of service analysis under two scenarios: (a) peak-related costs allocated to customer
classes based on total peak period usage, and (b) peak-related costs allocated to customer classes
based on incremental peak period use. Document "band" of cost-of-service results for City staff
review and selection of preferred allocation method.
2. Prepare additional water rate structure alternatives, incorporating revised cost of service results and
City policy direction for conservation-based rates. Rates will be designed for "Test Year" 2007.
Specific tasks will include:
• Design the fixed charge by meter size—same schedule for all customer classes. (Compare revenue
recovery from existing and proposed schedule of fixed charges)
• Design single family residential (SFR) volume charge under a 3-block increasing rate structure.
(Evaluate feasibility of setting third block equal to the irrigation rate).
• Design a single block volume charge for the irrigation class. (Evaluate feasibility of setting equal
to SFR third block rate).
• Design a single block volume charge for all other customer classes(MFR/Commercial/Industrial). Nalie
• Document sample customer bill impacts.
3. Prepare for and attend up to three (3) onsite meetings to review findings with City staff, Committees,
and/or other stakeholders.
4. Prepare materials and present an introductory workshop(30-minutes in duration) for the Committee of
the Whole or City Council. The purpose of this presentation will be to provide a brief overview of rate
design/cost of service, introduce the rate study methodology, with specific focus on the financial
planning portion of the rate study (e.g., fiscal policies, capital funding, revenue needs assessment and
rate forecast).
Cost Estimate: Principal Study Mgr Consultant Admin Total
Ghilarducci Johnson Dogan Support Hours(est.) Cost
Hourly Billing Rates: $170 $150 $120 $50
Task:
1. Water Cost of Service Revisions 4 16 20 $ 2,520
2. Additional Water Rate Structure
Alternatives 1 4 16 21 $ 2,690
3. Review Meetings [3 mtgs] 12 8 1 21 $ 2,810
4. Council Presentation [1 mtg] 4 8 12 $ 1,560
Total Hours 1 24 48 1 74 4140
Total Cost $ 170 $ 3,600 $ 5,760 $ 50 $ 9,580
Addendum 3.doc Addendum/bh 12/99
I m7 ,_s
Date -5- 02007
COMMITTEE OF THE WHOLE
COMMITTEE REPORT
February 5, 2007
Henry Moses Aquatic Center Fees
Referred November 27, 2006
The Committee recommends concurrence in the staff recommendation to approve the Henry
Moses Aquatic Center fees for 2007; including daily fees, passes, swim lessons, group rates,
canopy rentals, school parties, and private rentals.
The Committee further recommends that the ordinance regarding the fees be presented for
first reading.
Toni Nelson, Council Presi,ent
cc: Terry Higashiyama
Jerry Rerecich
Kris Stimpson
Dave Perkins
Committee of the Whole 2007 Henry Moses.doc\ rev 01/05 bh
I: . 4 i?? Y
CV 0'3=CI
COMMITTEE OF THE WHOLE Date 0?-5---.W07
COMMITTEE REPORT
February 5, 2007
NE Sunset Boulevard (SR 900)/Duvall Avenue NE Intersection Improvements Project,
Budget Amendment and Change Order 1 to CAG 05-165
(Referred January 22, 2007)
The Committee of the Whole recommends concurrence in the staff recommendation to
transfer$430,000 from the 2007 Duvall Avenue Widening Project to the construction phase
of the NE Sunset Boulevard(SR-900)/Duvall Avenue NE Intersection Improvements Project.
The Committee also recommends that Change Order 1 to the intersection improvements
project contract(CAG-05-165)with Sanders General Construction Company be approved in
order to perform additional work necessary to complete the project,to extend the completion
date by 21 working days,and to increase the construction contract cost by$157,132.51.
The Committee further recommends that the budget amendment for this matter be presented
as part of the 2006 Carry Forward Ordinance.
Toni Nelson, Council President
cc: Gregg Zimmerman,PBPW Administrator
Peter Hahn,Deputy PBPW Administrator—Transportation
Jim Seitz,Transportation Planning and Programming Supervisor
Bob Hanson,Transportation Design Supervisor
James Wilhoit,Transportation Design Project Manager
Connie Brundage,Transportation Administrative Secretary
Vic`..yR'?p4A93"
COMMUNITY SERVICES COMMITTEE C:77 COUNCIL
COMMITTEE REPORT Date a_� _ 6).°7
February 5, 2007
Library Board: Appointment of Ms. Amy Pieper
(January 22, 2007)
The Community Services Committee recommends concurrence in the staff recommendation
to approve Mayor Keolker's appointment of Ms. Amy Pieper to the Library Board for a term
expiring June 1, 2012.
12ndy Corman, Chair
Dan Clawson, Substitute Member
Don Persson, Substitute Member
C: Betty Anderson,Library Director
Rev 1/06 bh
,
COMMUNITY SERVICES C57 UNCIL
COMMITTEE REPORT o?-5='1`9°7
Date
February 5, 2007
Municipal Arts Commission: Appointment of Ms. Britt Peterson
(January 22, 2007)
The Community Services Committee recommends concurrence in the staff recommendation
to approve Mayor Keolker's appointment of Ms. Britt Peterson to the Municipal Arts
Commission for an unexpired term expiring December 31, 2009.
7
,,, ---:,
i_
bandy Corman, Chair
IC&I/1--1, eft-,1, —/
Dan Clawson, Substitute Member
;,
Don Persson, Substitute Member
C: Peter Renner,Facilities Director
Muni Arts-Britt Peterson.doc\ Rev 1/06 bh
Ar:,r1OVED BY
UTILITIES COMMITTEE c i COUNCIL
COMMITTEE REPORT
Cats c —5� 2a?
February 5, 2007
Utilities Cooperation Agreement with King County for
Initial Infiltration/Inflow Reduction Project
(Referred January 22, 2007)
The Utilities Committee recommends concurrence in the staff recommendation to approve the
utilities cooperation agreement with King County for the Initial Infiltration/Inflow Reduction
Project, which allows King County to implement flow reduction repairs within a portion of
Renton's sewer service area. The Committee recommends that the Mayor and City Clerk be
authorized to execute the agreement. The Committee further recommends that the resolution
regarding the matter be presented for reading and adoption.
VA/L1
Dan Clawson, hair
Terri Briere , ice Chair
Denis W. Law, Member
cc: Lys Hornsby,Utility Systems Director
Dave Christensen,Wastewater Utility Supervisor
I4dapi4d a-s- 7
CITY OF RENTON, WASHINGTON
RESOLUTION NO. 383-3
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON,
AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN
AGREEMENT WITH KING COUNTY REGARDING THE
IMPROVEMENTS TO THE INTERSECTION OF 108TH AVENUE SE AND
SE 168TH STREET.
WHEREAS, King County has initiated Capital Improvement Project No. C74407 to
design, acquire necessary easements, and construct improvements at the intersection of 108th
Avenue SE and SE 168th Street("Project"); and
WHEREAS, part of the Project is in unincorporated King County and part of the Project
is in the City of Renton; and
WHEREAS, both parties have identified the need for such improvements for pedestrian
and vehicular safety; and
WHEREAS, it is necessary to establish the roles and responsibilities of King County and
the City of Renton, with respect to this Project; and
WHEREAS, both the County and City can achieve cost savings and benefits by entering
into this cooperative agreement;
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 H. The Mayor and City Clerk are authorized to enter into an interlocal
cooperative agreement with King County entitled "Agreement between King County and City of
Renton Regarding the Improvements to the Intersection of 108th Avenue SE and SE 168th Street."
1
RESOLUTION NO.
The Mayor and City Clerk are further authorized to enter into supplemental agreements with King
County regarding this project.
PASSED BY THE CITY COUNCIL this day of , 2007.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of , 2007.
Kathy Keolker, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
RES.1236:1/24/07:ma
2
/9dopied: a-6--01.0.0 7
CITY OF RENTON, WASHINGTON
RESOLUTION NO. 35-
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON,
AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A
UTILITIES COOPERATION AGREEMENT BETWEEN THE CITY OF
RENTON AND KING COUNTY TO ALLOW THE COUNTY TO
PERFORM AN INFILTRATION/INFLOW PROJECT WITHIN A
PORTION OF RENTON'S SYSTEM.
WHEREAS, the City of Renton and King County have entered into a long-term
Agreement for Sewage Disposal January 1, 1965, and amended thereafter; and
WHEREAS,King County has determined that substantial amounts of extraneous water
(hereinafter"infiltration& inflow" or"VI") enter local sewer systems that are tributary to King
County's wastewater conveyance and treatment facilities; and
WHEREAS,King County, working in a consensus-based approach with local sewer
agencies, conducted a comprehensive 6-year I/I control study from 2000-2005 which culminated
with the Executive's Recommended Regional Infiltration and Inflow Control Program; and
WHEREAS,the Program Recommendation calls for selection and implementation of two
or three"initial" I/I reduction projects to test the technical and cost-effectiveness of I/I reduction
on a large scale; and
WHEREAS, the City has determined that it is interested in participating in this project;
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.
1
RESOLUTION NO.
SECTION II. The Mayor and City Clerk are authorized to enter into an interlocal
agreement entitled"Utilities Cooperation Agreement by and between the City of Renton and King
County for Initial Infiltration/Inflow Reduction Project."
PASSED BY THE CITY COUNCIL this day of , 2007.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of , 2007.
Kathy Keolker, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
RES.1234:1/16/07:ma
2
Madame Mayor, I think it' s safe to say we are all very interested in
the Sonics considering a site in Renton for a new arena location. As
with any regional issue, there are lots of rumors and speculations
swirling around--the one's I believe deserve a formal response are
those
regarding what the city has promised as incentives.
I am confident that any significant communication by the Sonics and the
City administration would be passed along to the council for full
discussion. With that assumption, I have strongly asserted to those
who
suggest we, the City, have made commitments of land, or money or other
public resources to make Renton more attractive that we have NOT made
any such commitment. So for the record, I would like to assure the
public neither the council, you or your staff has made any promise to
the Sonics to use new or existing city revenue sources or other assets
if they relocate to Renton. Correct?
;J
3
4i ' i (.41e5 c? id e/fLa 2/5/2007
c Ay/71
r�en� Q � � �c a
Busin1111 Countss ties
-4a7- Progress GrospCITY®FRENTaN
tto�nse cto�p
www.bensonhill.com JAN 31 2007
18001 113th Avenue Southeast, RECEIVED
Renton, WA 98055 CITY CLERK'S OFFICE
January 30, 2007 third- b.Ji ver&d
Mayor Kathy Keolker
City of Renton
Renton, WA 98055
Re: Annexation of the Benson Hill Communities to Renton
Dear Ms. Keolker,
The K.C. Board of Elections has certified more than enough signatures on the petitions to
annex Benson Hill Communities to the city of Renton. This annexation will both
enhance the city of Renton and Benson Hill Communities and support the King County
plan to annex urban areas to neighboring cities.
We respectfully request that this matter be part of the Agenda of the Renton City Council
meeting February 5,2007. We also request that the task force assigned to this matter
include significant representation of the Benson Hill Communities Progress Group and
the land use review be assigned high priority.
We are looking forward to this collaboration and appreciate your interest and support.
Very truly yours,
James Flynn, Member
Benson Hill Communities Progress Group
425-277-0950 (h); 425-221 0883 (w)
Cc: Renton City Council
Renton City Clerk
Renton Dept. of Economic Development,Neighborhoods & Strategic Planning