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HomeMy WebLinkAboutCouncil 08/13/2007 AGENDA RENTON CITY COUNCIL REGULAR MEETING August 13, 2007 Monday, 7 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. SPECIAL PRESENTATION: Government Finance Officers Association (GFOA) Distinguished Budget Award 4. ADMINISTRATIVE REPORT 5. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer,please walk to the podium and state your name and address for the record, SPELLING YOUR LAST NAME. 6. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review,and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Mayor Keolker reappoints the following individuals to the Airport Advisory Committee for three-year terms expiring on 5/7/2010: Highlands neighborhood representative Michael O'Halloran,4420 SE 4th St., Renton, 98059,primary;North Renton neighborhood representative Richard Zwicker,446 Pelly Ave.N., Renton, 98057,primary; Renton Hill/Monterey Terrace neighborhood representatives Michael Schultz, 150 Monterey Dr. NE, Renton, 98056, primary, and Dina Davis, 433 Cedar Ave. S., Renton, 98057, alternate; Airport Leaseholders representatives Michael O'Leary,22823 NE 54th St.,Redmond, 98053,primary, and Frank Marshall, 3521 SW 327th St., Federal Way, 98023, alternate; and Airport-at-Large representative Diane Paholke, 325 Edmonds Ave. SE,Renton, 98056,primary. Council concur. b. Mayor Keolker appoints the following individuals to the Planning Commission: Casey Bui, 1150 Sunset Blvd. NE, #216, Renton, 98056 (term expires 6/30/2010); Yong Lee, 2103 Kennewick Pl. NE,Renton, 98056 (to fill the unexpired term, 1/31/2008,of Joshua Shearer who resigned); and Brad Miller, 1807 NE 26th Pl., Renton, 98056 (term expires 6/30/2010). Refer to Community Services Committee. c. Development Services Division recommends acceptance of a deed of dedication for additional right-of-way at the southeast corner of Thomas Ave. SW and SW 3rd Pl. to fulfill a requirement of the Hunny Short Plat(SHP-06-154). Council concur. d. Economic Development,Neighborhoods and Strategic Planning Department recommends setting a public hearing on 9/10/2007 to consider the proposed Anthone'Annexation and R-4 zoning of the 4.85-acre site located south of S. 55th St. and east of Talbot Rd. S. Council concur. e. Economic Development,Neighborhoods and Strategic Planning Department recommends a public meeting be set on 8/20/2007 to consider supporting the regional Roads and Transit ballot measure. Council concur. f. Police Department recommends approval of a contract in the amount of$306,000 (full year)with American Traffic Solutions, Inc. for traffic photo enforcement services. Council concur. g. Transportation Systems Division requests approval of a contract in the amount of$152,056.63 111600 with Pacific Engineering Design, LLC, for the 2007 Walkway Improvement Project. Refer to Transportation(Aviation) Committee. (CONTINUED ON REVERSE SIDE) h. Transportation Systems Division recommends approval of an agreement with the City of Mercer Island regarding cost sharing for an airport noise study. Council concur. (See 9.a. for resolution.) i. Transportation Systems Division requests approval to transfer$149,000 from the Airport 608 Hangar Expansion and Airport 622 Hangar Rehabilitation projects to the Airport Layout Plan project for a noise study, and approval of a contract in the amount of$131,050 with Harris Miller Miller&Hanson Inc. to conduct the airport noise study. Council concur. j. Utility Systems Division recommends approval of an agreement with Washington State Department of Transportation regarding the construction of the relocation of the water line at Benson Rd. S. and I-405. City's estimated share of the construction cost is $580,000. Refer to Utilities Committee. 7. CORRESPONDENCE 8. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk(*)may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a. Finance Committee: Vouchers; Reimbursement Authority for Bond Proceeds*; Maplewood LLC Utility Bill Adjustment; $60 Water Shut Off Charge*; Scoccolo Lawsuit b. Planning&Development Committee: Political Sign Placement; Vacation Petition for Portion of Index Pl. NE (VAC-07-001) 9. RESOLUTIONS AND ORDINANCES Resolutions: a. Agreement with Mercer Island re: airport noise study (see 6.h.) b. Reimbursement authority for bond proceeds (see 8.a.) Ordinance for first reading: Water shut off charge (see 8.a.) Ordinances for second and final reading: a. 2007 Budget amendment for Summer Lunch and Housing Repair Assistance programs (1st reading 8/6/2007) b. 2007 Budget amendment for Upper Springbrook Creek Restoration project(1st reading 8/6/2007) 10. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 11. AUDIENCE COMMENT 12. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) Council Chambers 6 p.m. 2nd Quarter Financial Report; 2008 Budget/CIP Priorities • 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 1 1 AM&9 PM,WED.&FRI.AT 9 AM&7 PM AND SAT.&SUN.AT 1 PM&9 PM RENTON CITY COUNCIL Regular Meeting August 13, 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 MARCIE PALMER; TERRI BRIERE; DENIS LAW; DAN CLAWSON. CITY STAFF IN KATHY KEOLKER, Mayor; JAY COVINGTON, Chief Administrative ATTENDANCE Officer; LAWRENCE J. WARREN, City Attorney; MICHELE NEUMANN, Deputy City Clerk; PETER HAHN, Deputy Planning/Building/Public Works Administrator- Transportation;ALEX PIETSCH, Economic Development Administrator; SUZANNE DALE ESTEY, Economic Development Director; MICHAEL BAILEY, Finance and Information Services Administrator; DEPUTY CHIEF CHUCK DUFFY and FIRE MARSHALL/BATTALION CHIEF STAN ENGLER, Fire Department; COMMANDERS FLOYD ELDRIDGE and KATIE MCCLINCY,Police Department. SPECIAL PRESENTATION Mike Bailey, Finance and Information Services Administrator, announced that Finance: Distinguished Budget the City of Renton had once again received the Distinguished Budget Presentation Award Presentation Award from the Government Finance Officers Association (GFOA), for the fiscal year beginning 1/1/2007. He noted that the City has a long tradition of earning the award. Mr. Bailey presented a plaque from the GFOA, congratulated staff members who worked on the budget, and thanked the Mayor and Council for their support. ADMINISTRATIVE Mayor Keolker announced that Rainier Ave. S., which was closed for BNSF REPORT Railway Company's railroad bridge replacement project,reopened ahead of Streets: Rainier Ave S & schedule. She invited Peter Hahn, Deputy Planning/Building/Public Works Shattuck Ave S & Hardie Ave Administrator—Transportation, to speak on the matter. Mr. Hahn presented SW Closures for RR Bridge photos illustrating the progress of work that occurred at various railroad bridge Replacements construction sites. He noted that local residents and businesses did provide some positive feedback about the various disruptions. Concluding,Mr. Hahn thanked City officials, staff, and the contractor for their hard work on the project. Councilmember Palmer also extended her thanks to City staff for their hard work. Continuing, Chief Administrative Officer Covington reviewed a written administrative 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: * Maplewood Golf Course hosted the 55th GSWPGA State Tournament last week. Eighty women competed in this very successful three-day event, with a member from Maplewood winning the championship. * The Downtown Wayfinding Project will unveil preliminary designs for signage, gateways, and kiosks for downtown Renton. Citizens are invited to provide input on the wayfinding elements at two public meetings on August 16. August 13, 2007 Renton City Council Minutes Page 279 AUDIENCE COMMENT Kevie Russell, 2906 NE 7th St., Renton, 98056, spoke on the topic of the Citizen Comment: Russell— vacation of a portion of Index Pl. NE. He objected to the City's retainage of a Index P1 NE, A&D Quality 15-foot-wide strip, which is to be used for a walkway, out of the east portion of Construction Company, VAC- the right-of-way that is to be vacated. He noted the existence of a pedestrian 07-001 right-of-way one building lot away from his house, saying that two parallel walkways are not necessary. Pointing out that the vacation will make an unattractive,junk-car and litter-attracting area, a productive area, Mr. Russell requested that the Council equally divide the right-of-way. Citizen Comment: McOmber— Howard McOmber,425 Olympia Ave. NE,Renton, 98056, displayed Index PINE, A&D Quality photographs of the portion of Index Pl. NE under consideration for vacation. Construction Company, VAC- Mr. McOmber asked Council to vacate the entire area and to accelerate the 07-001 process. He stated that Index Pl. NE is not an asset for the Highlands neighborhood and objected to the current proposal to retain a 15-foot-wide easement for a pedestrian right-of-way when another pedestrian walkway already exists near the vacation area. (See page 281 and 283 for further discussion on this matter.) Citizen Comment: Ellifrits—T- Newton Ellifrits, 4218 SE 3rd Pl.,Renton, 98059, expressed his opposition to Mobile Monopole Placement, T-Mobile's proposal to locate a cell phone tower in his neighborhood. Mr. SE 3rd Pl, CU-07-065 Ellifrits also asked if there were any ordinances restricting the placement of cell phone towers in residential neighborhoods. City Attorney Warren commented that the Environmental Review Committee is currently reviewing the application for the cell phone tower. He indicated that a decision from the Development Services Director should be available within the next couple of weeks. Chief Administrative Officer Covington stated that an ordinance does not exist that specifically prohibits monopoles from residential neighborhoods,but noted that staff reviews each application for potential impacts to neighborhoods. Councilmember Corman reflected on the past and present efforts of Council and staff to enforce rules regarding cell phone towers as allowed by Federal regulations. He stated his assumption that companies applying for these types of permits would know that placement of monopoles in commercial areas was preferred over residential areas. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. As requested by Councilmember Persson, item 6.e. was removed for separate consideration. Appointment: Airport Mayor Keolker reappointed the following individuals to the Airport Advisory Advisory Committee Committee for three year terms expiring on 5/7/2010: Highlands neighborhood representative Michael O'Halloran, 4420 SE 4th St.,Renton,98059, primary; North Renton neighborhood representative Richard Zwicker,446 Pelly Ave. N., Renton, 98057,primary; Renton Hill/Monterey Terrace neighborhood representatives Michael Schultz, 150 Monterey Dr. NE, Renton, 98056, primary, and Dina Davis,433 Cedar Ave. S., Renton, 98057, alternate; Airport Leaseholders representatives Michael O'Leary, 22823 NE 54th St., Redmond, 98053,primary,and Frank Marshall, 3521 SW 327th St., Federal Way,98023, alternate; and Airport-at-Large representative Diane Paholke, 325 Edmonds Ave. SE, Renton, 98056,primary. Council concur. August 13, 2007 Renton City Council Minutes Page 280 Appointment: Planning Mayor Keolker appointed the following individuals to the Planning Commission Commission: Casey Bui, 1150 Sunset Blvd. NE, #216, Renton, 98056 (term expires 6/30/2010); Yong Lee,2103 Kennewick Pl. NE, Renton, 98056(to fill the unexpired term, 1/31/2008, of Joshua Shearer who resigned); and Brad Miller, 1807 NE 26th Pl., Renton, 98056 (term expires 6/30/2010). Refer to Community Services Committee. Development Services: Hunny Development Services Division recommended acceptance of a deed of Short Plat, ROW Dedication, dedication for additional right-of-way at the southeast corner of Thomas Ave. Thomas Ave SW, SHP-06-154 SW and SW 3rd Pl. to fulfill a requirement of the Hunny Short Plat(SHP-06- 154). Council concur. Annexation: Anthone', Talbot Economic Development, Neighborhoods and Strategic Planning Department Rd S & S 55th St recommended setting a public hearing on 9/10/2007 to consider the proposed Anthone' Annexation and R-4 zoning of the 4.85-acre site located south of S. 55th St. and Talbot Rd. S. Council concur. Police: Red Light School Zone Police Department recommended approval of a contract in the amount of Photo Enforcement, American $306,000 (full year)with American Traffic Solutions, Inc. for red light school Traffic Solutions zone photo enforcement services. Council concur. Transportation: 2007 Walkway Transportation Systems Division requested approval of a contract in the amount Improvement Project, Pacific of$152,056.63 with Pacific Engineering Design, LLC, for the 2007 Walkway Engineering Design Improvement Project. Refer to Transportation (Aviation) Committee. Airport: Noise Study Cost Transportation Systems Division recommended approval of an agreement with Sharing, Mercer Island the City of Mercer Island regarding cost sharing for an airport noise study. Council concur. (See page 282 for resolution.) Airport: Noise Study, Harris Transportation Systems Division requested approval to transfer$149,000 from Miller Miller& Hanson the Airport 608 Hangar Expansion and Airport 622 Hangar Rehabilitation projects to the Airport Layout Plan project for a noise study, and approval of a contract in the amount of$131,050 with Harris Miller Miller& Hanson, Inc. to conduct the airport noise study. Council concur. Utility: Benson Rd S Water Utilities Systems Division recommended approval of an agreement with Line Relocation, WSDOT Washington State Department of Transportation regarding the construction of the relocation of the water line at Benson Rd. S. and I-405. City's estimated share of the construction cost is $580,000. Refer to Utilities Committee. Added Item 6.k. City Clerk reported bid opening on 8/9/2007 for CAG-07-140, Water Line CAG: 07-140, Benson Rd S Relocation for Realignment of Benson Rd. S. and I-405 Overpass Project; six Water Line Relocation, bids; engineer's estimate $958,918.95; and submitted staff recommendation to Ceccanti award the contract to the low bidder, Ceccanti, Inc., in the amount of $869,421.66. Refer to Utilities Committee. MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL APPROVE THE CONSENT AGENDA AS AMENDED TO ADD ITEM 6.k. AND REMOVE ITEM 6.e. FOR SEPARATE CONSIDERATION. CARRIED. Separate Consideration Economic Development,Neighborhoods and Strategic Planning Department Item 6.e. recommended a public meeting be set on 8/20/2007 to consider supporting the Transportation: Roads & regional Roads and Transit ballot measure.* Transit Ballot Measure, In response to Councilmember Persson's inquiry, City Attorney Warren stated November 2007 that parties representing both sides of the issue would be present at the public meeting. August 13, 2007 Renton City Council Minutes Page 281 *MOVED BY PERSSON, SECONDED BY NELSON, COUNCIL APPROVE ITEM 6.e. AS PRESENTED. CARRIED. UNFINISHED BUSINESS Council President Nelson presented a Committee of the Whole report regarding Committee of the Whole the Council policies. The Committee recommended that Council adopt the Council: Policies revisions to City of Renton Policies and Procedures 800-01, 800-02, 800-03, and 800-04. MOVED BY NELSON, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance Committee Finance Committee Chair Persson presented a report recommending approval of Finance: Vouchers Claim Vouchers 262337-262809 and four wire transfers totaling$4,378,309.53; and approval of 315 Payroll Vouchers,two wire transfers, and 733 direct deposits totaling$3,368,501.48. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance: Water Shut Off Finance Committee Chair Persson presented a report recommending Charge Adjustments for concurrence with the staff recommendation that the Finance and Information Special Circumstances Services Administrator, or his/her designee, be given authority to adjust$60 water shut off charges on utility accounts,under special circumstances. The committee further recommended that the ordinance regarding this matter be presented for first reading. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 282 for ordinance.) Finance: Capital Expenditure Finance Committee Chair Persson presented a report recommending Reimbursement from Utility concurrence in the staff recommendation to declare the City's intent that certain Bond Revenue capital expenditures be made for water, wastewater and surface water utility projects, and that reimbursement be made from utility revenue bonds to be issued in the Fall of 2007. The projects are as follows: Utility Project Budget Timing Water Highlands 565 $3,280,000 2007/2008 Wastewater Central Plateau $2,225,000 2007/2008 Surface Water SW 34th $1,335,000 2007/2008 Renton Village $1,115,000 2007/2008 The Committee further recommended that the resolution regarding this matter be presented for reading and adoption. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 282 for resolution.) Court Case: Scoccolo Finance Committee Chair Persson presented a report regarding the Scoccolo , Construction, CRT-98-008 lawsuit costs. The Committee was briefed on 8/13/2007 and recommended closure of the referral. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning & Development Noting that the report concerning the vacation of Index P1. NE is being held in Committee Committee, Councilmember Briere commented on the location of the 15-foot Vacation: Index P1 NE, A&D walkway easement, the agreement between the two affected property owners, Quality Construction the existence of other walkways in the area, and the Trails and Bicycle Master Company, VAC-07-001 Plan study. She indicated that within approximately one year, the City should know the results of the trail study,and at that point affected property owner Kevie Russell could petition for a vacation of the easement-affected property if it was found that the City did not need the easement. August 13, 2007 Renton City Council Minutes Page 282 Responding to Councilmember Corman's questions, Ms. Briere confirmed that by upholding Council's approval of the vacation petition, which includes retention of an easement for a walkway, one property owner can move forward with his project and the other must wait. Ms. Briere noted that she wants the Committee report to reflect that the filing fees for Mr. Russell's future vacation petition will be waived. Councilmember Clawson noted that neither party would benefit if the property were vacated down the middle. (See page 283 for further discussion on this matter.) RESOLUTIONS AND The following resolutions were presented for reading and adoption: ORDINANCES Resolution#3899 A resolution was read authorizing the Mayor and City Clerk to enter into an Airport: Noise Study Cost interlocal agreement between the cities of Renton and Mercer Island regarding Sharing, Mercer Island an Aviation Noise Study. MOVED BY PALMER, SECONDED BY LAW, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3900 A resolution was read approving certain expenditures for reimbursement from Finance: Capital Expenditure the proceeds of debt to be issued in the future. MOVED BY PERSSON, Reimbursement from Utility SECONDED BY CLAWSON, COUNCIL ADOPT THE RESOLUTION AS Bond Revenue READ. CARRIED. The following ordinance was presented for first reading and referred to the Council meeting of 8/20/2007 for second and final reading: Finance: Water Shut Off An ordinance was read amending Section 8-4-34 of City Code by adding Charge Adjustments for Subsection C. providing for discretion in administration of the fees provided for Special Circumstances therein. MOVED BY PERSSON, SECONDED BY CLAWSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 8/20/2007. CARRIED. The following ordinances were presented for second and final reading and adoption: Ordinance#5298 An ordinance was read amending the 2007 General Fund Budget to appropriate Human Services: Summer $37,734 for the 2007 Summer Lunch and Housing Repair Assistance Programs, Lunch& Housing Repair which are funded by grant revenues. MOVED BY PERSSON, SECONDED Assistance Programs, Budget BY CLAWSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL Amend CALL: ALL AYES. CARRIED. Ordinance#5299 An ordinance was read amending the 2007 Budget by increasing the amount of Utility: Upper Springbrook funds in the Surface Water revenue account and expenditure account by Creek Restoration, King $50,000 pursuant to the Upper Springbrook Creek Restoration project Conservation District Number agreement with the King Conservation District Number 9. MOVED BY 9, Budget Amend CLAWSON, SECONDED BY BRIERE, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS Councilmember Persson inquired about the status of the complaint of noise Community Services: emanating from the RiverRock Restaurant at Maplewood Golf Course. Chief Maplewood Golf Course, Administrative Officer Covington stated that numerous attempts to measure the RiverRock Restaurant Noise noise level from the complainant's property have been unsuccessful due to the complainant not allowing City employees on his property. Mayor Keolker reported that City employees had been sent to the area at 1:00 a.m. on a night when music was playing and they could not hear the music. City Attorney Warren stated that a sound barrier was being installed to further reduce noise emissions from the band area. August 13, 2007 Renton City Council Minutes Page 283 Public Works: Graffiti on In response to Councilmember Persson's inquiry, City Attorney Warren stated Private Property that there is no specific ordinance regulating the removal of graffiti from private property. Mayor Keolker pointed out that the City does have a policy regarding removal of graffiti from public property. MOVED BY LAW, SECONDED BY PERSSON, COUNCIL REFER THE TOPIC OF GRAFFITI ON PRIVATE PROPERTY TO THE PUBLIC SAFETY COMMITTEE. CARRIED. Development Services: Councilmember Law voiced concerns over the width of allowed driveways, and Driveway Widths access in and out of the driveways. MOVED BY LAW, SECONDED BY PALMER, COUNCIL REFER THE TOPIC OF THE WIDTH OF DRIVEWAYS TO THE PLANNING & DEVELOPMENT COMMITTEE.* Councilmember Persson noted the safety issues related to accessing the driveways. *MOTION CARRIED. AUDIENCE COMMENT Keith Demps, 2308 NE 24th St., Renton, 98056, spoke on the issue of his Citizen Comment: Demps - request to vacate a portion of Index Pl. NE. Indicating that he has already gone Index PINE, A&D Quality through the vacation process, Mr. Demps asked Council to consider vacating Construction Company,VAC- the entire area,rather than retaining a portion for a walkway, as it is holding up 07-001 his development project. He also noted the existence of another trail that is approximately 150 feet away from the vacation area. Discussion ensued regarding the appropriateness of vacating the entire area while the Trails and Bicycle Master Plan study is pending, the need for two walkways in the area, concern about short-circuiting the study, providing for input from the Highlands neighborhood, accelerating the walkway study, the benefits of the potential development projects, the possibility of allowing a variance due to the lot sizes, the underlying ownership of the property, and the need for the City to clean up and maintain the property. Chief Administrative Officer Covington stated that the Trails and Bicycle Master Plan study is to be discussed at the Committee of the Whole meeting on August 20, and staff will be prepared to discuss this specific area. ADJOURNMENT MOVED BY PERSSON, SECONDED BY NELSON , COUNCIL ADJOURN. CA�RI RISE/D. TDime: 8:03 p.m. Michele Neumann, Deputy City Clerk Recorder: Jason Seth August 13, 2007 d RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING August 13,2007 COMMITTEE/CHAIRMAN DATE/TIME AGENDA COMMITTEE OF THE WHOLE MON., 8/20 Public Defense Contract & Standards; (Nelson) 5:30 p.m. Bike Path& Trails Master Plan Update; Valley Communications Status Report COMMUNITY SERVICES MON., 8/20 Library Master Plan Process (briefing (Corman) 4:30 p.m. only); Planning Commission Appointments FINANCE MON., 8/20 Vouchers; (Persson) 3:00 p.m. IKEA Performing Arts Center Funding; City's Official Newspaper Designation; Fund Balance Reserves and Annual Capital Improvement Plan PLANNING & DEVELOPMENT THURS., 8/16 Vacation Petition for Portion of (Briere) 1:30 p.m. Whitworth Ave. S. (VAC-07-002); 2007 Comprehensive Plan Amendments PUBLIC SAFETY MON., 8/20 Pipelines in Renton (briefing only) (Law) 4:00 p.m. TRANSPORTATION (AVIATION) WED., 8/15 Six Year Transportation Improvement (Palmer) 4:00 p.m. Plan; 2007 Walkway Improvement Contract with Pacific Engineering Design; Local & Regional Transportation Issues Update UTILITIES THURS., 8/16 Relocation of Benson Hill Water Line (Clawson) 3:00 p.m. Cost Sharing Agreement with WSDOT; Benson Hill Water Line Project Bid Award 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. ti`SY O� ADMINISTRATIVE, JUDICIAL, AND ;: ,• LEGAL SERVICES DEPARTMENT .11 'ei'- Nco) MEMORANDUM DATE: August 13, 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: PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT • The City is working with BNSF Railway to replace three downtown railroad bridges at Shattuck, Rainier, and Hardie Avenues. Rainier Avenue South was slated to be closed August 11th through August 15th due to the construction. However, because the bridge removal work on Rainier was completed ahead of schedule, the thoroughfare re-opened in time for this evening's commute! Railroad bridge replacements will continue on schedule for Hardie and Shattuck Avenues with respective detours for both roads. For further road closure and detour information, visit rentonwa.gov or call Derek Akesson at 425-430-7243 or Chris Barnes at 425-430-7220. COMMUNITY SERVICES DEPARTMENT • Maplewood Golf Course hosted the 55th GSWPGA State Tournament last week. Eighty women competed in this very successful three-day event, with a member from Maplewood winning the championship. • The Renton Public Library will be closed the morning of Friday, August 17th, for a staff training session on CPR and use of the Automatic External Defibrillator(AED) and staff and patron safety. The library will be open that day from 1:00 to 6:00 p.m. The Highlands Branch Library does not open on Fridays. For more information, contact Bette Anderson at 425-430-6820. • The Renton Community Center will be closed for annual maintenance beginning August 19th and will reopen with normal business hours on August 27th. • The Fall "What's Happening..." brochure of recreation programs and activities will be available beginning August 24th. Registration for fall programs starts August 28th for Renton residents and August 30th for non-residents. ECONOMIC DEVELOPMENT, NEIGHBORHOODS & STRATEGIC PLANNING DEPARTMENT • The Downtown Wayfinding Project will unveil preliminary designs for signage, gateways, and kiosks for downtown Renton. This initiative was established to help direct people into and around downtown, ease connections between The Landing and downtown, and enhance the identity of downtown. Citizens are invited to provide input on the wayfinding elements at two public meetings on Thursday, August 16th, at 8:30 a.m. and 6:30 p.m. at the Renton History Museum (235 Mill Avenue South). Parking is available in the public parking lot in the 200 block of Main Avenue South. Installation of key elements of the wayfinding system will occur this fall. Contact Jennifer Davis Hayes at 425-430-6589 or jdavishayes@ci.renton.wa.us for more information. / uaezce l / /(3/?Oo7 Kevie Russell P.O. Box 2151 Renton, WA 98056 August 13, 2007 To Mayor Keolker and the City Council Renton City Town Hall 1055 South Grady Way Renton, WA 98057 Last week I sent you a letter which I also read at the city council meeting where I stated that it is unfair for the city to vacate only a portion of Index Place, and the portion that was not vacated was all on my half of the partially vacated street. My neighbor and I joined in the petition to vacate the street. That is a fairly common request. It is as far as I know always been the case that the city treat both sides equally. In this case the city appears ready to abandon equal justice. As I understand it anywhere in any city anywhere in the country and certainly in Renton when two parties across an alley or a street petition for a vacation of the right away the city vacates the whole street. If for some reason the city decided that it needed to keep a portion of the street that portion would be right down the middle of the right away. As I mentioned last week I have never at any time given my acceptance that all of the nonvacated portion of the street should be on my side of the road. I went to the planning committee meeting last Thursday. A lot of the staff were there speaking to the committee members. At the end of the day they appeared to decide that they were going to recommend to you that the city should only vacate my neighbor's side of the street and a 10 foot wide strip of my side of the street next to the middle of the road and leave a fifteen foot wide portion of right of way next to my house for a pedestrian right of way. It plain isn't just or fair. What is more it doesn't make any sense. As I pointed out last week and as was brought up at the Thursday meeting there is already a pedestrian right of way one building lot away from my house to the east already. No one needs two parallel walkways right next to each other. My neighbor pointed out that both he and I petitioned to have Index Place closed and vacated. It has been a nuisance to me and my neighbors for years. It has only attracted junk cars, and litter. It has never been paved. It is not now nor has it been used for a street in any normal sense of the word. To close the street and vacate it would take something that is not productive and make it productive. If the city is going to keep the street they should take care of it. What we petitioned for is reasonable. What is unreasonable is the totally unjust, unfair, treatment of me. I get all of the ongoing problems that we petitioned to solve without the benefits. The idea that the city should play favorites or be unjust is beneath the dignity and the fairness of the city council. I call on this city council to be equal,fair, impartial, and just. You should either vacate the street or not but to vacate it in the manner proposed before you now is unacceptable. Kevie R ssell nrrrr�.rr.., CITY OF RENTON COUNCIL AGENDA BILL Al#: 6 . • .Submitting Data: For Agenda of: August 13, 2007 Dept/Div/Board.. AJLS/Mayor's Office Staff Contact Kathy Keolker, Mayor Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Airport Advisory Committee Reappointments Ordinance Resolution Old Business Exhibits: New Business Study Sessions Airport Advisory Committee Member Reappointment Information List Recommended Action: Approvals: Legal Dept Council Concur Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment lisre Amount Budgeted Revenue Generated Total Project Budget City Share Total Project SUMMARY OF ACTION: Mayor Keolker appoints the members listed on the Airport Advisory Committee Member Reappointment List for terms as specified (see attached list). STAFF RECOMMENDATION: Confirm Mayor Keolker's reappointment of the members listed on the Airport Advisory Committee Reappointment List for their specified terms. Rentonnetlagnbill/ bh Airport Advisory Committee Reappointments August 13, 2007 Highlands Neighborhood—Primary Position Mr. Michael O'Halloran, 4420 SE 4th St, Renton, WA 98059, for a three-year term that expires on 5/7/10. North Renton Neighborhood—Primary Position Mr. Richard Zwicker, 446 Pelly Avenue N, Renton, WA 98057, for a three-year term that expires on 5/7/10. Renton Hill/Monterey Terrace Neighborhood—Primary Position Mr. Michael Schultz, 150 Monterey Dr NE, Renton, WA 98056, for a three-year term that expires on 5/7/10. Renton Hill/Monterey Terrace Neighborhood—Alternate Position Ms. Dina Davis, 433 Cedar Ave S, Renton, WA 98057, for a three-year term that expires on 5/7/10. Airport Leaseholders—Primary Position Mr. Michael O'Leary, 22823 NE 54th St, Redmond, WA 98053, for a three-year term Nwe that expires on 5/7/10. Airport Leaseholders —Alternate Position Mr. Frank Marshall, 3521 SW 327th St, Federal Way, WA 98023, for a three-year term that expires on 5/7/10. Airport-at-Large—Primary Position Diane Paholke, 325 Edmonds Ave SE, Renton, WA 98056, for a three-year term that expires on 5/7/10. CITY OF RENTON COUNCIL AGENDA BILL AI#: 6r• d • iihmo,Submitting Data: For Agenda of: August 13, 2007 Dept/Div/Board.. AJLS/Mayor's Office Staff Contact Kathy Keolker, Mayor Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Planning Commission Appointments: Ordinance Casey Bui, Yong Lee and Brad Miller Resolution Old Business Exhibits: New Business Study Sessions Community Service Applications Information Recommended Action: Approvals: Legal Dept Refer to Community Services Committee Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Nur Total Project Budget City Share Total Project SUMMARY OF ACTION: Mayor Keolker appoints the following to the Planning Commission: Casey Bui, 1150 Sunset Blvd NE, #216, Renton, WA, 98056 for a three-year term expiring on June 30, 2010 (position previously held by Jimmy Cho). Yong Lee, 2103 Kennewick Place NE, Renton, WA, 98056 for an unexpired term expiring on January 31, 2008 (position previously held by Joshua Shearer). Brad Miller, 1807 NE 26th Place, Renton, WA, 98056 for a three-year term expiring on June 30, 2010 (position previously held by Greg Taylor). STAFF RECOMMENDATION: Confirm the appointments of Casey Bui, Yong Lee, and Brad Miller to the Planning Commission. Rentonnet/agnbill/ bh 06/28/2007 13:01 2062999900 CASEY BUI SKYLINE PAGE 02/02 CITY OF RENTON APPLICATION FOR COMMUNITY SERVICE ,,f you are interested in participating in local government by membership on any of the followin_ Ci boazds_,, , commissions, or committees,please complete this application and return it to RE,�.: Office of the Mayor City of Renton JUN 2 8 1055&rnt/a Grady Way ECONOM:G Renton, WA 98057 AND STRATEC..PLANNING Check the boards/eomrunissions/comfnittees In which you are interested: ❑ AIRPORT ADVISORY COMMITTEE* ygrPLANNING COMMISSION* ❑ CIVIL SERVICE COMMISSION* ❑ ADVISORY COMMISSION ON DIVERSITY* ❑ HOUSING AUTHORITY* ❑ SENIOR CITIZENS ADVISORY COMMITTEE* ❑ HUMAN SERVICES ADVISORY COMMITTEE* ❑ SISTER CITY COMMITTEE-CUAUTLA ❑ LIBRARY BOARD* ❑ SISTER CITY COMMITTEE-NISHIWAKI ❑ MUNICIPAL ARTS COMMISSION* ❑ TRANSIT ADVISORY BOARD ❑ PARKS COMMISSION* Li NON-MOTORIZED TRANSPORTATION ADV CMTE '"Special membership requirements apply. Visit www.rentornva.gov or call 425-430-6500 for details. Your application will be given every consideration as vacancies occur.. MR_In MS.❑ NAME sq ( DATE /ZgVe ADDRESS //S.-0 it„ /(/tai , ``'2/,6 LW CODE IlussetZONE: DAY 2.476. 23 y NIGh T EMAIL u►-S.GyE1•t c t n L- C-414A- R ETON RESIDENT? _u- IF SO, SINCE WHEN? Zoo / CITY OF FORMER RESIDENCE EDUCATIONAL BACKGROUND 5A- Po L+I c 1 JcE Lt W (1145°lig S.--) f f_ _SVA.r j.s S'c -fto_ . t(-ter 5...:r • 2-cansb) OCCUPATION /L-Cv GS7 EMPLOYER 5E7—F — PL ar & , OCCUPATIONAL BACKGROUND / 4 Tq r (c ;c1.4,j ) Z 1-001 Pies„`-(- �• {1WA S+, t 01'a t'6/94 — g-1,f i 12-ho — 9/0/ ) iy /��►+ti C �•. Gs ti Po I,T C 4/9 - 6/o o) COMMUNITY ACTIVITIES(orgauizgionsiclubsiscrvice grot ps,etc.) P)064s Troia . W L. 4 Ir. LL_ a _ � m. VC C.A n i Li e r Q e iy. U . REASON FOR APPLYING FOR THIS BOARD/COMIVIISSION/COMMrTEE s2 f'V1'c t� erf ,N ATTEND DAY MEETINGS? CAN ATTEND NIGHT MEETINGS? g Applications will be t on file for one year_ If you hove questions about serving on a bond, commission,or committee,please feel free to contact the Mayor's Office at 425-430-6500- 2/20/07 CITY OF RENTON APPLICATION FOR COMMUNITY SERVIG . , ; Y. If you are interested in participating in local government by membership on any of the following City boards, commissions, or committees,please complete this application and return it to: Office of the Mayor City of Renton 1055 South Grady Way Renton, WA 98057 Check the boards/commissions/committees in which you are interested: ❑ AIRPORT ADVISORY COMMITTEE* 12(PLANNING COMMISSION* ❑ CIVIL SERVICE COMMISSION* ❑ ADVISORY COMMISSION ON DIVERSITY ❑ HOUSING AUTHORITY* ❑ SENIOR CITIZENS ADVISORY COMMITTEE* ❑ HUMAN SERVICES ADVISORY COMMITTEE* ❑ SISTER CITY COMMITTEE-CUAUTLA ❑ LIBRARY BOARD ❑ SISTER CITY COMMITTEE-NISHIWAKI ❑ MUNICIPAL ARTS COMMISSION* ❑ TRANSIT ADVISORY BOARD ❑ PARKS COMMISSION* ❑ NON-MOTORIZED TRANSPORTATION ADV CMTE *Special membership requirements apply. Visit www.rentonwa.gov or call 425-430-6500 for details. Your application will be given every consideration as vacancies occur. / MR. [i] MS.❑ NAME ` Q A/G' FE DATE d V!`PS�a 'i ADDRESS )1C '^f£e-rf-ek tae-• fZIP CODE 9 0-s1PHONE: DAY go(• 6t e• 7Vig NIGHT ?O(f. 0 i P• '?9 9" EMAIL le e y e 4142e-. i RENTON RESIDENT? Y-eS• IF SO,SINCE WHEN? /Y►*t( ' .7,0 7 CITY OF FORMER RESIDENCE SM7 �7 e"C' EDUCATIONAL BACKGROUND th,12T j,<2 S- P M2z2 7.A // 4tita. / OCCUPATION (n^^"L2c2A2 3/1r,/k&rL/ �° EMPLOYER /)£A4' 116v. ei� ac" ✓t� OCCUPATIONAL BACKGROUND /Z(B •t;/'h� J r�� �'- za X eirh-c4 e COMMUNITY ACTIVITIES(organizations/clubs/service groups,etc.) 60 Act "147 ze(44 C t`-t/rhZop (M 4 marl) 1e/14 fel(-o 16AL5Z74-7 fry -NZ 16,- 7t cr3'f IO Ceti REASON FOR APPLYING FOR THIS BOARD/COMMISSION/COMMITTEE 4)/4,-(1 'Z) '( /�rf272(/1 An,0 4-(72 L'E .1-11.166/1 71e1' C�,�+w 1 cei/pa / Ay fits-4/. CAN ATTEND DAY MEETINGS? /,111' CAN ATTEND NIGHT MEETINGS? Applications will be kept on file for one year. If you have questions about serving on a board, commission,or committee,please feel free to contact the Mayor's Office at 425-430-6500. 1/24/07 Jun-29-07 03:19pm From-WAMU Audit Services +206 377 5391 1-474 P.002/002 F-712 CITY OF RENTON APPLICATION FOR COMMUNITY SERVICE If you are interested in participating in local government by membership on any of the following City boards, commissions, or committees,please complete this application and return it to: RECrt ED Office of the Mayor � � Citp of Renton JUN 2 9 2007 1055 South Grady Way Renton, WA 98057 ECONOMIC DEVELOPMENT, NEIGHBOiHOODS, AND STRAT a _LF+NNING Check the boards/commissions/committees in which you are interested: ❑ A• IRPORT ADVISORY COMMITTEE* PLANNING COMMISSION* ❑ C• IVIL SERVICE COMMISSION* ❑ ADVISORY COMMISSION ON DIVERSITY ❑ HOUSING AUTHORITY* ❑ SENIOR CITIZENS ADVISORY COMMITTEE* ❑ HUMAN SERVICES ADVISORY COMMITTEE* ❑ SISTER CITY COMMITTEE-CUAUTLA U LIBRARY BOARD U SISTER CITY COMMITTEE-NISHIWAKI U MUNICIPAL ARTS COMMISSION* ❑ TRANSIT ADVISORY BOARD U PARKS COMMISSION* ❑ NON-MOTORIZED TRANSPORTATION ADV CMTE *Special membership requirements apply. Visit www.rentonwa.gov or call 425-430-6500 for details. Your application will be given every consideration as vacancies occur. MR Ef MS. 0 NAME 73 R-fl- /h/'-G 2. DATE &e9/-2-4)°/yoo 7 ADDRESS /8 O 7 4)6 z r" Pt d ZIP cor wofib qtr+' PHONE: DAY (2'90 i490- `fce.0 9 NIGHT ( s)793- 5cf 7 7 EMAIL ,�.4 0�►@_s��u es c)9 m RENTON RESIDENT? r gs IF SO,SINCE WHEN? /n/9-0-C/-11 2 D o O CITY OF FORMER RESIDENCE "a6 LL-e✓/4 6-i W -.5'irir N EDUCATIONAL BACKGROUND aq-cdECo T-5 -. us(A)ESS /gumJ/ $'rT,421 ( u• .) fzS - c4 AJ 7—,Iv 6 �;2,4 - GcJ/fS Gr ev ✓, OCCUPATION P4 / .84"J' — ��jjEMPLOYER �i 9 AJ4 TDn) /no7LrR-L_ OCCUPATIONAL BACKGROUND 7 y zs /2cA/3Lf - 4-6c_04. i 6 5}4 ,'2._i ern.)e c (Ti4g 4[)/ T/ 0,exA)6-4 e""Ai r C'DA/,P4cng ) Yc -mss /NrOt4,5r.-?' �xP /6t11G COMMUNITY ACTIVITIES(organizations/clubs/eelvicc groups,etc.) 14:),9''2--Z) m 4-15 /71 /7"-- Al L�/V,-✓S>✓ mor ni ( 7 yertg$)/ (�. /vl ( rT &M 3r-4- 4.0 C,4-L, /1 C.,14-?rte . o liS b"->c Pz,, 5/.)c 0,1 S,L 3—ceAf �-r ESS �i . c?.4)i etc-/f,Ne-) REASON FOR APPLYING FOR THIS BOARD/COMMISSTONICOMMITTE --N S T "\-' J`?/E CGOAl 4'G ELL)PfliteiVr eEV7 )/, ' -5e sr / , ,cz._06+-c_. 6oV N,66.-A 7 CAN ATTEND DAY MEETINGS? /i Ne45S-5/'''2'y CAN ATTEND NIGHT MEETINGS? )/65 411irr0' Applications will be kept on bile for one year. If you have questions about serving on a board, commission,or committee,please feel free to contact the Mayor's Office at 425-430-6500. 1rulo7 CITY OF RENTON COUNCIL AGENDA BILL AI#: , c , Submitting Data: Planning/Building/Public Works For Agenda of: Aug 13, 2007 Dept/Div/Board.. Development Services Division Staff Contact Carrie K. Olson x7235 Agenda Status Consent X Subject: Public Hearing.. Acceptance of additional right-of-way to comply with Correspondence.. City of Renton code for new short plats and the Ordinance Hunny Short Plat(LUA06-154). Resolution Old Business Exhibits: New Business Deed of Dedication Study Sessions Exhibit Map Vicinity Map Information Administrative Short Plat Report and Decision Recommended Action: Approvals: Council concur Legal Dept X Finance Dept X Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project. SUMMARY OF ACTION: The area to be dedicated is a 20' corner radius, approximately 86 sq. ft. at the SE corner of Thomas Ave S.W. and S.W. 3' Place. This dedication is to comply with City of Renton code for new short plats and the Hunny Short Plat(LUA06-154). Council acceptance of said right-of-way should be completed prior to recording the deed with the short plat. STAFF RECOMMENDATION: Accept the additional right-of-way and authorize the Mayor and City Clerk to sign and record the Deed of Dedication. I:\PlanReview\COLSON\Shortplats 2007\Gong SHPL 04m AGNBILL.doc Return Address: °444 '' City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 DEED OF DEDICATION Property Tax Parcel Number: 2143700971 Project File#:LUA 06-154 Street Intersection:SW 3r4 Place and Thomas Ave SW Reference Nwnber(s)of Documents assigned or released:Additional reference numbers are on page Grantor(s): Grantee(s): 1. Tara and Pusluninder Tumber 1. City of Renton,a Municipal Corporation LEGAL DESCRIPTION: (Abbreviated or full legal must go here. Additional legal on page ) The north 100 feet of Lots 12-14,Block 6,Earlington Addition,according to the plat thereof recorded in Volume 14 of plats,page 7,in King County, City of Renton,Washington The Grantor,for and in consideration of mutual benefits conveys,quit claims,dedicates and donates to the Grantee(s)as named above,the above described real estate situated in the County of King,State of Washington. IN WITNESS WHEREOF,I have hereunto set my hand and seal the day and year as written below. Annroved and Accented By: Grantor(s): Grantee(s): City of Renton t /CI Tara Tumber Mayor NrYNC t, PUv \f() Pusluninder Tumber City Clerk INDIVIDUAL FORM OF STATE OF WASHINGTON )ss ACKNOWLEDGMENT COUNTY OF KING I certify that I know or have satisfactory evidence that T4 tit Notary Seal 9A\ltwfill.rinbox Puksh((nindea ?Umbel K '11 1 � signed this instrument and � �``'��`�""s +l9t acknowledged it to be his/her/their free and voluntary act for the uses and purposes g\ON EXA 1-T mentioned in the instrument. ;.-. cAF lI i /i(ii- ' - l r (kl PRE Notary In and for the S :t.of Washington /// 12090`, 0a /f Notary(Print) -v4-,4 d'�''q = '1 ‘ p. 0.,, My appointment expires: /21 al l�lt►0ttei*.\s Dated: 11/107 Hformshao,FRM/AGREE/DEED Of DEDICATION\AK Page 1 FORM 04 0001/bh (EXHIBIT 'Al A PORTION OF LOT 14, BLOCK 6 OF EARLIVGTON, AS PER PLAT RECORDED IN VOLUME 14 OF PLATS, PAGE 7, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT DIE NORTHWEST CORNER OF SAID LOT 14; THENCE SOUTH 71'42'12" EAST, ALONG THE NORTHERLY UNE THEREOF, A DISTANCE OF 20.00 FEET TO A POINT OF TANGENT CURVATURE, CONCAVE TO THE SOUTHEAST, HONG A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 89'39'45; THENCE WESTERLY, SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE A DISTANCE OF 31.41 FEET TO THE WESTERLY LINE OF SAID LOT 14; THENCE NORTH 181803' EAST, ALONG SAID WESTERLY LINE A DISTANCE OF 20.00 FEET TO THE PONT OF BEGINNING. SITUATED IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. IN THE CITY OF RENTON, KING COUNTY, ETON 41Nit WAS:, .S`.$‘ : � - 2 I I : D.. l7 �d•�I , :0 •= :4 OWEN B. HILLE, PLS A-40016 /Ll. PLS NO. 40016 zoo8 EXPIRES m/22/� JOB NO.:2006-118 DATE:7/26/2007 SHEET: 2 OF 3 (EXHIBIT MAP Norse 7P. ---*-- — / 4. ` 6)' ALS, cc''`` M.W. COR --'`� ,�y LOT 14 \ ` / Q' t17111k, ZODd �� �� N18.iB'O3`E SO• 20.00' g�g�. 41. , D3�Al .t2 � LOT 1 1��2g Jo 6,026E SQ. a (324 THOMAS AVE. S.W.) HOUSE F.F.= 197.2± 1,07&t SQ FT. $ l" = 20' 0 (FOOTPRINT) ti 1.4k' A0) 49.9iF I 0 B. • . "t'I • D.....i.,..... 5 AUL. sro o OWEN B. HILLE, PLS ••.. 40016 = PLS NO. 40016 `'lp GLSI'E?�'='4�,Y maw INFORMATION_ : h ii SITUATED IN THE NORTHEAST (MUER of 1HE SOIRHEAST WARIER OF Q BZW 2006 i SECTION 13, TOWNSHIP 23 NORM, RANGE 4 EAST, W.M. IN THE CITY OF RENTON, -- -- i TONG COUNTY, WASHINGTON *N." JOB NO.:2006-118 DATE:7/26/2007 SHEET: 3 OF 3 PLEASE TYPE OR PRINT REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt CHAPTER 82.45 RCW-CHAPTER 458-61 WAC when stamped by cashier. FOR USE AT COUNTY TREASURER'S Q iICE (Use FounNo.84-0001B for Reporting Trarsfesa of Controlling hterest of Entity Ownership to the Department of Revenue) THIS AFF1D1YIf WILL NOT, BE ACCEPTED UNLESS ALL AREAS 1-'/ARE FULLY COMPLETED 0 Nam, 7 2JLTv' k h7 /- El N City of Renton,a Municipal Corporation c4 a /d050 /2�i,- 1L9 , 4 / p (y saes 1055 South Grady Way `� Ciry/Shtdzip rS� l U// ,7 /7Q .C city/state-6p Renton Wa(8055 0 ADDRESS TO SEND ALL PROPERTY TAX RELATED CORRESPONDENCE ,ALL TAR PARCEL.NUMBERS COUNTY TREASURER PLACE ASSESSED VALUE IF TAR EXE.MPr Name Portion of tax parcel#(s) Street (same as Grantor information) A/ `7 10 -0/7/ City/State/Zip IIILEGAL DESCRIPTION OF PROPERTY SITUATED IN C UNINCORPORATED COUNTY ■OR IN CITY OF Renton Street Address(if property'is improved): 30'3t7 / h,n o,r Ave• c LAI I trivyi /0 V 55 I yu n o r-t h 10I) fee-I- of' 14-1-5 1Z- 14 , Bloc!'- 10 1 •a r l i n f}dd-t-h'o i , au, rd iill 11 'f-frit P I a.¢ Svc o f re LD'Yd_ed i'n Vol (4 ot- pL&fc, parte: i, ivt lii'rti GU ,Gi +� O/ (�-ertfi 1 WAskir4i)+Or1 ®Is this property currently: YES NO ■Description of personal property included in gross selling price,both Classified or designated as forest land? tangible(eg;furniture,equipment,etc.)or intangible(eg;goodwill, gna ❑ • agreement not to compete,etc.) Chapter 84.33 RCW Classified as current use land(open space,farm [[ a and agricultural,or timber)?Chapter 84.34 RCW Exempt from property tax as a nonprofit ;O a- If exemption claimed,list WAC number an explanation. organization?Chapter 84.36 RCW WAC No.(Sec/Sub) 458-61A-205 (q/) Seller's Exempt Reg.No. Receiving special valuation as historic al Explanation Transfer to government for public purposes property?Chapter 84.26 RCW Property Type: *land only C land with new building Deed of Dedication r land with previously used building ❑land with mobile home Type of Doc um ent C timber only 0 building only Date of Document Principal Use: ❑Apt.(4+unit) ,esidential fl timber rl agricultural I commercial/industrial Gross Selling Price $ 0.00 r other Personal Property(deduct)$ ® (I)NOTICE OF CONTINUANCE(RCW 84.33 OR RCW 84.34) Taxable Selling Price$ If the new owner(s)of land that is classified or designated as current use Excise Tax: State $ or forest land wish to continue the classification or designation of such Local $ land,the new owner(s)must sign below.If the new owner(s)do not desire Delinquent Interest: State$ to continue such classification or designation,all compensating or additional tax calculated pursuant to RCW 84.33.120 and 140 or RCW Local $ 84.34.108 shall be due and payable by the seller or transferor at the time Delinquent Penalty $ of sale.The county assessor must determine if the land transferred Total Due$ 0.00 qualifies to continue classification or designation and must so indicate below.Signatures do not necessarily mean the land will remain in A MINIMUM OF$2.00 IS DUE AS A PROCESSING FEE AND TAX. classification or designation If it no larger qualifies,it will be removed 0 AFFIDAVIT and the compensating taxes will be applied.All new owners must sign. I Certify Under Penalty of Perjury Under The Laws of The State of This land ❑does ❑does not qualify for continuance. Washington That The Foregoing Is True And Correct.(See beck of this form). Date Signature of /G�, � DEPUTY ASSESSOR <` Grantor/Agent (2) NOTICE OF COMPLIANCE(Chapter 84.26 RCW) - _/ If the new owner(s)of property with special valuation as historic property Name(print) 1 US-1,-64.--- wish 14-1-j - tt,n �j �/ wish to continue this special valuation the new owner(s)must sign below. Date and Place of Signing: -I 14-I V/ 1 110 / If the new owner(s)do not desire to continue such special valuation,all J additional tax calculated pursuant to Chapter 84.26 RCW,shall be due Signature of and payable by the seller or transferor at the time of sale. Grantee/Agent (3) OWNER(S)SIGNATUREName(print) Kathy Keolker,Mayor Date&Place of Signing: Renton Perjury:Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum term of not more than five years,or by a fine in an amount fixed by the court of not more than five thousand dollars(85,000.00),or by both imprisonment and fine(RCW 9A.20.020(1C)). REV 84 00013(3-18-99)(PD 4-05-00) FOR TREASURER'S USE ONLY []COUNTY TREASURER []DEFT.OF REVENUE []COUNTY ASSESSOR []TAXPAYER Via, NO. VOL./PAGE . 1 /4, SEC. 13, T. 23 NORTH, R. 4 EAST, W.M. swSr OiyRo `3� 4 4I N.T.S. j Sir 4.7 ili 10' spy It 1 ¢ny it OR900) VICINITY MAP REPORT City of Renton Department of Planning/Building/Public Works ,, & DECISION ADMINISTRATIVE SHORT PLAT REPORT & DECISION A. SUMMARY AND PURPOSE OF REQUEST: Report Date: March 2, 2007 Project Name Hunny Short Rat Owner/Applicant: Tara Tumber; Hunny Construction; 10058 Rainier Ave; Seattle, WA 98178 Contact: Ale Kondelis; Cramer NW; 945 N. Central Ave, #104; Kent, WA 98032 File Number: LUA-06-154, SHPL-A Project Manager: Elizabeth Higgins, Senior Planner Project Description: The applicant is requesting approval of an Administrative Land Use Action (Short Plat Review)for preliminary approval to subdivide one parcel of land located in the Southwest Renton-. The parcel is approximately 12,000 sf in size and would be subdivided into 2 lots. An existng residential structure would remain. The site is located within the Residential 8 Zone (R 8). Continued next page Project Location: 324 Thomas Avenue SW, Renton, WA 98055 '� , i. y � � ��` ' 4 SITE #T 4X T 1 f per• /i ...` N„s,�S tom P ,A , R f lA` ,,,'!-.1: .u �P .+r�� 3dpi ! -,. ".A,/'‘'..4 S', . i 1.,,k �a`9`i i ce .f d �'✓'3`cy �' w yy. /,�� f O% ,-,-,---i. ,",,, ,4 F. .� ray r g ,t sr ,s-; G c� i' .t ,h # -i '''' -',%1.44 i fry iz x 'g 3 nr� " xk „x�� d 'v ,a, :: i Zi.,:ti.:;;--2,.. — -4' ' 17' 41, s div, f�„ ":, i` .� x • 'N� x 1:..5;::-.•-:!i'.-.?' 107,74 .---',1:0-4#,,..;',.1: w . F �r4 :X .`41,::44/-,. ,. F', .:r '�`�r sem" . a• r;, s " wQ� om`�� ��`'r;t�r�`�a a ^'�' a&�`''" �t� �tk,' w z sF ,. -„� " �§ ',.• _ .�' ski k5, :t...,i,_ ' Project Location Map Admin Shrt Pit Report 06-154(SP,2du,R-8)doc City of Renton P/B/PW Department Administrative Land Use Action HUNNY SHORT PLAT LUA06-154,SHPL-A REPORT DATED March 2,2007 Page 2 of 11 illoo B. EXHIBITS: Exhibit 1: Project file ("yellow file")containing the application, reports, staff comments, and other material pertinent to the review of the project. Exhibit 2: Neighborhood Detail Map (February 15, 2006) Exhibit 3: Short Plat Plan (December 1, 2006) Exhibit 4: Generalized Utilities, Conceptual Drainage Control, Grading Plan (November 8, 2006) Exhibit 5: Planting Plan (November 22, 2006) Exhibit 6: Aerial Photograph 'A' (January 24, 2007) Exhibit 7: Aerial Photograph 'B' (January 25, 2007) Exhibit 8: Zoning Map (dated February 16, 2006) C. GENERAL INFORMATION: 1. Owner(s) of Record: Hunny Construction; Tara Tumber, 10050 Rainier Avenue NE; Seattle, WA 98178 2. Zoning Designation: Residential—8 du/ac (R-8) 3. Comprehensive Plan Land Use Designation: Residential Single-Family(RSF) 4. Existing Site Use: One single-family residence 5. Neighborhood Characteristics: North: Single family residential use, Residential 8 zone East: Single family residential use, Residential 8 zone South: Single family residential use, Residential 8 zone West: Single family residential use, Residential 8 zone 6. Access: The access for the newly formed lots would be the same as for the existing lot, SW 3rd Place 7. Site Area: 12,000 square feet/0.28 acre D. HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date Annexation N/A 1320 07/06/1948 Comprehensive Plan N/A 5099 11/01/2004 Zoning N/A 5171 12/05/2005 Noire Admin Shrt Plt Report 06-154(SP,2du,R-8).doc City of Renton P!B/PW Department Administrative Land Use Action HUNNY SHORT PLAT LUA06-154,SHPL-A REPORT DATED March 2,2007 Page 3 of 11 E. PUBLIC SERVICES: *1110 1. Utilities: Water: The site is currently connected to the City of Renton water system. There is a 6-inch water main in SW 3`d Place and a 4-inch water main in Thomas Ave SW. The project site is located in the 370 water pressure zone. The site is outside the Aquifer Protection Area. Sanitary Sewer: There is an 8-inch sanitary sewer main in Thomas Ave SW and a 6-inch main in SW 3rd Place. Stormwater: There are storm drainage conveyance facilities in the area of the property. 2. Streets: There is currently a paved public right-of-way abutting the property, but there are no curbs, gutters, or sidewalks. A new curbed sidewalk has been constructed fronting the abutting property to the east, but these improvements are not continued along the frontage of the proposed plat. F. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts Section 4-2-020: Purpose and Intent of Zoning Districts Section 4-2-070: Zoning Use Table Section 4-2-110: Residential Development Standards 2. Chapter 4 Property Development Standards Section 4-4-030: Development Guidelines and Regulations Section 4-4-060: Grading, Excavation and Mining Regulations , Section 4-4-080: Parking, Loading and Driveway Regulations Section 4-4-130: Tree Cutting and Land Clearing Regulations 4. Chapter 6 Streets and Utility Standards Section 4-6-060: Street Standards 5. Chapter 7 Subdivision Regulations Section 4-7-050: General Outline of Subdivision, Short Plat and Lot Line Adjustment Procedures Section 4-7-070: Detailed Procedures for Short Subdivisions Section 4-7-120: Compatibility with Existing Land Use and Plan-General Requirements and Minimum Standards Section 4-7-150: Streets—General Requirements and Minimum Standards Section 4-7-160: Residential Blocks—General Requirements and Minimum Standards Section 4-7-170: Residential Lots—General Requirements and Minimum Standards 6. Chapter 9 Procedures and Review Criteria 7. Chapter 11 Definitions G. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element— Residential Single-family 2. Community Design Element Admin Shrt Plt Report 06-154(SP, 2du, R-8).doc City of Renton P/B/PW Department Administrative Land Use Action HUNNY SHORT PLAT REPORT DATED March 2,2007 LUA06-154,SHPL-A Page 4 of 11 `ow' H. DEPARTMENT ANALYSIS: 1. Project Description/Background The proposal is to subdivide one 12,000 lot, located on the corner of SW 3`d Place and Thomas Ave SW, into 2 lots. An existing 2 story house, built in 1941, would remain on Lot 1 (Exhibit 4). The newly formed lot (Lot 2) would be intended for future construction of a single family residence. The proposed subdivision is located in Earlington, an older, well-established and extremely well-maintained neighborhood of Renton. Concern has been expressed by residents that the character of the neighborhood may be changed by recent subdivisions and new house construction. In addition, the neighborhood, which is located on the south side of"West Hill"enjoys views of Mt. Rainier and the Green River Valley. There are no known critical areas on the property. The property slopes downward at the south property line (Exhibit 6). There is an approximately 4 foot high retaining wall located along the south property line. There is a significant deciduous tree located in the area of the future front yard setback for Lot 2. The subdivision would result in 2 lots of 6,112 sf(Lot 1)and 5,888 sf(Lot 2). There are no private streets or easements proposed. Each lot would be accessed directly from existing public streets. 2. Environmental Review Except when located on lands covered by water or with sensitive areas, short plats are exempt from Washington State Environmental Policy Act(SEPA)environmental review pursuant to WAC 197-11-800(6)(a). 3. Compliance with ERC Conditions N/A 4. Staff Review Comments Representatives from various City departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of the report. 5. Consistency with Short Plat Criteria Approval of a short plat is based on an evaluation using the following short plat criteria: a) Compliance with the Comprehensive Plan Designation Purpose Statement: Lands in the Residential Single Family Designation are intended to be used for quality residential detached development organized into neighborhoods at urban densities. It is intended that larger subdivision, infill development, and rehabilitation of existing housing be carefully designed to enhance and improve the quality of single-family living environments. Policies in this section are to be considered together with the policies in the Regional Growth, Residential Growth Strategy section of the Land Use Element, the Community Design Element, and the Housing Element. Policies are implemented with Residential 8 zoning. Nome Admin Shrt Plt Report 06-154(SP, 2du, R-8).doc City of Renton P/B/PW Department Administrative Land Use Action HUNNY SHORT PLAT LUA06-154,SHPL-A REPORT DATED March 2,2007 Page 5 of 11 The proposed plat is consistent with the following Land Use Element Comprehensive Plan objectives and 44400 policies for Residential Single Family land use designation. Objective LU-FF. Encourage re-investment and rehabilitation of existing housing, and development of new residential plats resulting in quality neighborhoods that: 1)Are planned at urban densities and implement Growth Management targets;2) Promote expansion and use of public transportation; and 3) Make more efficient use of urban services and infrastructure. The project would provide an additional residential lot, which would somewhat further Growth Management targets. Policy LU-147. Net development densities should fall within a range of 4.0 to 8.0 dwelling units per net acre in Residential Single Family neighborhoods. The two lots would have a density of 7.14 dwelling units per net acre, and therefore is within the preferred density range of the R-8 zone. Policy LU-149. Lot size should exclude private sidewalks, easements, private road, and driveway easements, except alley easements. Lot areas do not include easements. The following objectives and policies from the Community Design Element apply for the development of new lots in "established neighborhoods" Objective CD-C: Promote re-investment in and upgrade of existing neighborhoods through redevelopment of small, underutilized parcels, modification and alteration of older housing stock, and improvements to streets and sidewalks to increase property values. The proposed project would develop property that is currently underutilized. *.4000 Policy CD-10. Sidewalks or walking paths should be provided along streets in established neighborhoods, where sidewalks have not been previously constructed. Sidewalk width should be ample to safely and comfortably accommodate pedestrian traffic and, where practical, match existing sidewalks. The applicant applied for and was granted fee-in-lieu of off site improvements, so sidewalks may not be constructed along the frontage of this new plat(see discussion of"Compliance with Subdivision Regulations, Streets"below). Policy CD-12. Infill development, defined as new short plats of nine or fewer lots, should be encouraged in order to add variety, updated housing stock, and new vitality to neighborhoods. The proposed development would accomplish this policy goal. (see discussion of"Compliance with Subdivision Regulations, Setbacks"below). Policy CD-13. Infill development should be reflective of the existing character of established neighborhoods even when designed using different architectural styles, and/or responding to more urban setbacks, height or lot requirements. Infill development should draw on elements of existing development such as placement of structures, vegetation, and location of entries and walkways, to reflect the site planning and scale of existing areas. The applicant will be asked to consider this policy when designing the structures. Policy CD-14. Architecture of new structures in established areas should be visually compatible with other structures on the site and with adjacent development. Visual compatibility should be evaluated using the following criteria: Admin Shrt Plt Report 06-154(SP, 2du, R-8).doc City of Renton P/B/PW Department Administrative Land Use Action HUNNY SHORT PLAT LUA06-154,SHPL-A REPORT DATED March 2,2007 Page 6 of 11 a. Where there are differences in height (e.g., new two-story development adjacent to single-story structures), the architecture of the new structure should include details and elements of design such Nt"'' as window treatment, roof type, entries, or porches that reduce the visual mass of the structure. b. Garages, whether attached or detached, should be constructed using the same pattern of development established in the vicinity. c. Structures should have entries, windows, and doors located to maintain privacy in neighboring yards and buildings. The applicant will be asked to consider this policy when designing the structures. The following objectives and policies from the Community Design Element relate to landscaping: Objective CD-K: Site plans for new development projects for all uses, including residential subdivisions, should include landscape plans. A landscape plan has been submitted and is required as a condition of plat approval. Policy CD-45. Existing mature vegetation and distinctive trees should be retained and protected in developments. Trees and vegetation would be removed from Lot 2. However, all pervious areas, except rear yards, are required to be landscaped and additional trees, would be planted, as per City of Renton code. This would compensate for the loss of vegetation to a certain extent. (see discussion of"Compliance with Underlying Zoning Designation, Landscaping"below). b) Compliance with the Underlying Zoning Designation The subject site is designated Residential —8 Dwelling Units per Net Acre (R-8) on the City of Renton Zoning Map. The R-8 zone is intended for single-family residential development that would add to the City's mix of residential styles including detached, single-family dwellings. The zone is intended to implement the Residential Single Family Comprehensive Plan land use designation. Development should be promoted in the zone that provides opportunities for detached single-family dwellings, ensures high-quality infill development, and maintains the single-family character of existing, established neighborhoods. Density: The maximum density allowed in the R-8 zone is 8 dwelling units per net acre, there is no minimum density requirement on properties smaller than 0.5 acre prior to subdivision. Net density is calculated after the deduction from the gross acreage of the site of environmentally critical areas, areas intended for public rights-of-way(with the exception of alleys), and private access easements. In this case, the applicant has a gross site area of 12,000 square feet, with no critical areas or other deductions. The resulting net density of the short plat would be 7.14 dwelling units per acre (2/0.28 = 7.14 du/ac), which is within the density range allowed in the R-8 zone. Landscaping: Renton Municipal Code also requires two (2) new trees per lot. Landscaping along the frontage of both public streets and of all pervious areas of the residential lots would also be required (RMC 4-4-070). A planting plan was submitted with the short plat application (Exhibit 5). The plan meets the requirements of the RMC for planting of the street frontage areas. A condition of approval of the subdivision is that, prior to recording the Final Short Plat, a landscape plan is submitted indicating that the front and side yards of the new Lot 2 would be landscaped prior to occupancy. The City of Renton, by authority of Director's Rule requires that 25 percent of significant trees on a site be retained or replaced. There are 4 significant or"protected" trees on the future Lot 2.All 4 appear to be located such that they may be retained. Of these, one is a 48"bigleaf maple (Acer macrophyllum). The removal of this tree would have a significant visual impact on the immediate area of the proposed short plat, including the existing house on Lot 1, the adjacent houses, and the SW 3`d Place streetscape. Since this tree is within the Lot 2 front yard setback area and outside of the"approximate new home location"(Exhibit 4), the reasons for removing it would be facilitate construction (movement of equipment)or to accommodate grade change across the property. Since these issues can be resolved by other means, staff recommends that a condition of approval be that this tree be retained. Furthermore, measures should be taken to protect it during construction including the placement of temporary construction fencing around the perimeter of the canopy drip line. Admin Shrt Plt Report 06-154(SP, 2du,R-8).doc • City of Renton P/B/PW Department Administrative Land Use Action RUNNY SHORT PLAT LUA06-154,SHPL•A REPORT DATED March 2,2007 Page 7 of 11 c) Compliance with Subdivision Regulations Streets: The property to be subdivided is a corner lot, located at the southeast corner of the intersection of Thomas Avenue SW and SW 3`d Place. Street improvements, including curb, gutter, and sidewalk have been constructed on both these streets with the exception of along the SW 3rd Place frontage of the property(Exhibit 3). In August, 2006, the applicant applied for and was granted approval to pay an"in lieu of[construction costs]"fee of$13,100. Streetlights would not be required for this 2 lot short plat. All new electrical, phone and cable services to the plat must be undergrounded. Construction of these franchise utilities must be inspected and approved by a City of Renton public works inspector prior to recording of the short plat. The proposed short plat is anticipated to generate additional traffic on the City's street system. In order to mitigate transportation impacts, a Transportation Mitigation Fee based on $75.00 per new average daily trip attributed to the project. The new lot is expected to generate approximately 9.57 new average weekday trips. The fee for the proposed short plat is estimated at$717.75 ($75.00 x 9.57 trips = $717.75)and is payable prior to the recording of the Final Short Plat. Blocks: The proposed Short Plat does not create new blocks. Lot Standards: The size, shape, orientation, and arrangement of the proposed lots must comply with the requirements of the Subdivision Regulations and the development standards of the R-8 zone. The minimum lot size permitted in the R-8 zone is 5,000 square feet for property smaller than 0.5 acre prior to subdivision. Both lots exceed the minimum size requirement. The R-8 development standards require a minimum 15 foot front yard setback for the primary structure and 20 foot minimum setback for the garage, if it is accessed from the fronting street, a 5 foot side yard setback, and a 20 foot rear yard setback. The height limit is 2 stories and 30 feet. The maximum lot coverage by buildings is 35 percent or 2,500 sf for these lots because they are greater than 5,000 sf each. The lots appear to contain adequate buildable areas for the construction of suitable single-family residences when taking setbacks and lot coverage requirements into consideration. These requirements will be reviewed at the time of building permit application for the new houses. The submitted plans indicate that the proposed new structure, "approximate new home location," (Exhibit 4) is set back from the north property line approximately the same distance as the existing house, which is to remain (Exhibit 3). The structure on the abutting lot to the east is located the same distance from the north property line. This distance is about 20'-6". In order reduce the impact of a new structure on the neighborhood, staff recommends a condition of approval that the new structure have a front yard setback of a minimum 20 feet from the north property line. The R-8 zone requires a minimum lot width of 50 feet for interior lots, 60 feet for corner lots, and a minimum lot depth of 65 feet. The lots would meet the lot width and depth requirements. The lots are rectangular in shape and aligned in an urban pattern that is consistent with other lots in the immediate vicinity, as well as generally with the city as a whole. d) Reasonableness of Proposed Boundaries Access: All lots in a short plat must have access to a public street. Both lots would continue to front on SW 3rd Street, although Lot 1 is addressed off Thomas Avenue SW. Topography: The site slopes downward from north to east and south and has a retaining wall along the south property boundary. A wall may also be required between Lots 1 and 2 to accommodate a change of grade. A tree well may be required to protect the maple tree that is to be retained from a grade change within the root zone. Relationship to Existing Uses: The properties on all sides of the site are zoned Residential 8. The proposal would result in development at a higher density than existing development in the area. Admin Shrt Pit Report 06-154(SP, 2du,R-8).doc City of Renton P/B/PW Department Administrative Land Use Action HUNNY SHORT PLAT LUA06-154,SHPL-A REPORT DATED March 2,2007 Page 8 of 11 As stated above, the project would meet Comprehensive Plan Community Design policy CD-12: "Infill development, defined as new short plats of nine or fewer lots, should be encouraged in order to add variety, updated housing stock, and new vitality to neighborhoods." The applicant is encouraged to incorporate design elements in the architecture of the new structure that follow the directives of policies CD-13 and CD-14. e) Availability and Impact on Public Services(Timeliness) Police and Fire: Police and Fire Prevention Bureau staffs indicate that sufficient resources exist to furnish services to the proposed development. A fire hydrant with 1,000 GPM fire flow is required within 300 feet of all new single-family structures. If the building square footage of the house, including the garage, exceeds 3,600 sf in area, the minimum fire flow increases to 1,500 GPM and two hydrants will be required within 300 feet of the structures. A Fire Mitigation Fee, based on $488.00 for the new single-family lot is recommended in order to mitigate the proposal's potential impacts to City emergency services. The fee is payable prior to the recording of the Final Short Plat. Schools: According to the Draft Environmental Impact Statement for the City of Renton Land Use Element (January 16, 1992), the City of Renton has a student generation factor of 0.44 students per single-family residential dwelling. Based on the student generation factor, the proposed short plat could result in a single new student to the local schools. The Renton School District did not respond to a request to verify that they could accommodate 1 additional student generated by this proposal nor did they indicate schools that would be attended. Based on other projects in the area, a student or students would be accommodated at Bryn Mawr Elementary, Nelsen Middle School and Lindbergh High School. Surface Water: A storm drainage narrative was submitted and accepted with calculations showing the project would be exempt from detention and water quality treatment in accordance with the 1990 King 'Arrr. County Surface Water Design Manual. All other surface water improvements including, but not limited to conveyances, roof drains, yard drains, driveway crossings and any frontage improvements are required to meet City of Renton standards. The Surface Water System Development Charge is $759 per new dwelling unit. This fee is due with the construction permit issuance. Due to the potential for erosion due to steep slopes on the site, staff recommends that the applicant be required to provide a Temporary Erosion and Sedimentation Control Plan (TESCP)designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements outlined in Volume II of the most recent Department of Ecology Stormwater Management Manual and provide staff with a Construction Mitigation Plan prior to issuance of Construction Permits. Water: The City of Renton would provide water service from existing mains. A Water System Development Charge of$1,956 for the new lot would be due with the construction permit issuance. Sanitary Sewer Utilities: Separate side sewer stub-outs are required for each lot. There are no public records that the existing house located at 324 Thomas Avenue SW is connected to the public sewer. Verification or connection of the house would be required prior to recording the Final Short Plat. The Sewer System Development Charge is $1,017 per new single-family residence. This fee is due with the construction permit issuance. Findings: Having reviewed the written record in the matter, the City now enters the following: 1. Request: The applicant has requested Administrative Short Plat Approval for the Hunny Short Plat, ,_, File No. LUA-06-154, SHPL-A. Admin Shrt Pit Report 06-154(SP, 2du,R-8).doc City of Renton P/B/PW Department Administrative Land Use Action HUNNY SHORT PLAT LUA06-154,SHPL-A REPORT DATED March 2,2007 Page 9 of 11 2. Application: The applicant's submittal complies with the requirements for information for a short plat The applicant's short plat plan and other project drawings are contained within the official land use fi 3. Comprehensive Plan: The subject proposal is consistent with the Comprehensive Plan designations of the Residential Single Family(RSF)land use designation. 4. Zoning: The proposal as presented complies with the zoning requirements and development standards of the Residential 8 (R-8)zoning designation, provided the applicant comply with all advisory notes and conditions of approval. 5. Subdivision Regulations: The proposal complies with the requirements established by the City's Subdivision Regulations, provided the applicant complies with all advisory notes and conditions of approval. 6. Existing Land Uses: Land uses surrounding the subject site include: North: Residential single family (zoned R-8); East: Residential single family (zoned R-8); South: Residential single family(zoned R- 8); and West: Residential single family(zoned R-8). 7. Setbacks: The setbacks for the new houses on the proposed lots would be verified at the time of building permit review. A minimum 20 foot front yard setback is a condition of the short plat approval. 8. System Development Charges: A Water System Development Charge, Surface Water System Development Charge, and Sewer System Development Charge, at the current applicable rates, would be required for the new single-family lots at the time of issuance of the construction permits. 9. Public Utilities/Improvements: Individual sewer and water stubs must be installed to serve the new lots. Adequate fire hydrants must be installed, and any existing and new fire hydrants must be fitted with 5-inch quick disconnect Storz fittings. Conclusions: 1. The subject site is located in the Residential Single Family(RSF) Comprehensive Plan designation a complies with the goals and policies established with this designation. 2. The subject site is subject to the Residential —8 Dwelling Units Per Acre zoning designation and complies with the zoning and development standards established with this designation, provided all advisory notes and conditions are complied with prior to submitting for Final Short Plat approval, including requirements of the City of Renton Property Services Division (which will be provided to applicant under separate cover). 3. The proposed 2 lot short plat complies with the subdivision regulations as established by city code and state law provided the applicant comply with all advisory notes and conditions. 4. The proposed 2 lot short plat complies with the street standards as established by City Code, provided the project complies with all advisory notes and conditions of approval contained herein. J. DECISION: The Hunny Short Plat, File No. LUA-06-154, SHPL-A is approved subject to the following conditions: 1. A landscape plan shall be submitted indicating that the front and side yards of the new Lot 2 would be landscaped prior to occupancy. The landscape plan shall be approved prior to recording the Final Short Plat. 2. The forty-eight inch (48")bigleaf maple (Acer macrophyllum)tree located in the northwest corner of Lot 2 shall be retained. Measures shall be taken to protect it during construction including the placement of temporary construction fencing around the perimeter of the canopy drip line. A"tree well"or retaining wall shall be provided to protect the root zone of this tree if a change of grade or ground elevation is required. 3. The structure to be built on Lot 2 shall have a minimum 20 foot front yard setback from the north property line. 4. A Transportation Impact fee for each lot, estimated at $717.75, shall be paid prior to the recording of the Final Nog Short Plat. Admin Shrt Plt Report 06-154(SP, 2du,R-8).doc City of Renton P/B/PW Department Administrative Land Use Action HUNNY SHORT PLAT LUA06-154,SHPL-A REPORT DATED March 2,2007 Page 10 of 11 4040.0. 5. A Fire Mitigation Fee, based on $488.00 per new single-family lot shall be required prior to the recording of the Final Short Plat. 6. The applicant shall be required to provide a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements outlined in Volume II of the most recent Department of Ecology Stormwater Management Manual and provide staff with a Construction Mitigation Plan prior to issuance of Construction Permits. This condition shall be subject to the review and approval of the Development Services Division. DATE OF DECISION ON LAND USE ACTION: March 27, 2007 SIGNATURES: Gregg A.SZi m rman,P/B/PW Administrator Decision date TRANSMITTED this'2tday of March, 2007, to the Owner/Applicant/Contact: Hunny Construction Tara Tumber 10050 Rainier Avenue Seattle WA 98178 TRANSMITTED thist'day of March, 2007, to the Contact: Ale Kondelis Cramer NW 945 N Central Ave,#104 Kent WA 98032 TRANSMITTED this2,'day of March, 2007, to the Parties of Record: Leslie Keller Karen Fuller Chuck P.Wong Richard&Rebecca Schank 816 SW 3rd Place 364 Thomas Ave SW 901 SW 3rd PI 285 Thomas Ave SW Renton, WA 98055 Renton WA 98057 Renton WA 98055-2238 Renton WA 98057 TRANSMITTED this t' day of March, 2007, to the following: Larry Meckling,Building Official Larry Rude, Fire Marshal Neil Watts,Development Services Director Jennifer Henning,Planning Manager Kayren Kittrick,Development Engineering Supervisor Jan Conklin, Development Services Carrie Olson, Development Services Land Use Action Appeals & Requests for Reconsideration The administrative land use decision will become final if the decision is not appealed within 14 days of the effective date of decision. An appeal of the decision must be filed within the 14-day appeal period(RCW 43.21.C.075(3);WAC 197-11-680). RECONSIDERATION. Within 14 days of the effective date of the decision, any party may request that a decision on a short plat be reopened by the Administrator.The Administrator may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the Administrator finds insufficient evidence to amend the original decision,there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the following appeal timeframe. APPEAL. This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on March IV ,2007. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110. Admin Shrt Pit Report 06-154(SP, 2du, R-8).doc �rrrr�► City of Renton P/B/PW Department Administrative Land Use Action HUNNY SHORT PLAT LUA06-154,SHPL-A REPORT DATED March 2,2007 Page 11 of 11 Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425)430-6510. Appeals must be filed in writing, together with the required$75.00 application fee,to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton,WA 98055. EXPIRATION DATE: The Short Plat approval will expire two (2)years from the date of approval. An extension may be requested pursuant to RMC section 4-7-080.M. ADVISORY NOTES TO APPLICANT The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use actions. Planning 1. Commercial, multi-family, new single family and other nonresidential construction activities shall be restricted to the hours between 7:00 a.m. and 8:00 p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours between 9:00 a.m. and 8:00 p.m. No work shall be permitted on Sundays. Fire 1. All plats are required by City code to provide a fire hydrant with a minimum fire flow requirement of 1,000 GPM within 300 feet of any proposed single-family structure. This distance is measured along a travel route. If the proposed single-family structures exceed 3,600 sq. ft., the minimum fire flow increases to 1,500 GPM and requires two hydrants within 300 feet of the structures. Additional fire hydrants may be required as a part of this project to meet this criterion. The fire hydrants must meet all current City of Renton standards. 2. Street addresses shall be visible from a public street. Plan Review—Storm/Surface Water 1. A Surface Water System Development Charge of$759.00 per single-family lot is payable prior to Final Short Plat recording. Plan Review—Streets 1. All new electrical, phone and cable services and lines must be undergrounded. The construction of these franchise utilities must be inspected and approved by a City of Renton public works inspector prior to recording the plat. . 2. Any damage incurred to the street, curbs, gutters, or sidewalks by this project must be repaired. Plan Review—Sewer 1. Sewer System Development Charges (SDC)are $1,017.00 per new unit. These fees are collected at the time a construction permit is issued and prior to recording the Final Short Plat. 2. Minimum slope for side sewers shall be 2%. Dual side sewers are not allowed. The existing side sewer may need to be relocated to better serve the short plat and new building foundations. Plan Review—General 1. All required utility, drainage and street improvements will require separate plan submittals prepared according to City of Renton drafting standards by a licensed Civil Engineer. 2. Permit application must include an itemized cost estimate for these improvements. The fee for review and inspection of these improvements is 5% of the first$100,000 of the estimated construction costs; 4% of anything over$100,000, but less than $200,000, and 3% of anything over $200,000. Half of the fee must be paid upon application for building and construction permits, and the remainder when the construction permit is issued. There may be additional fees for water service related expenses. See drafting standards. 3. All plans shall be tied to a minimum of two of the City of Renton horizontal and vertical control network. 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VOL./PAGE UllY OF RENTON CITY OF RENTON SHORT PLAT SHORT PLAT NO. KING COUNTY, WASHINGTON RUNNY SHORT PLAT SCALE: GRAPHIC SCALE r 020' LOCATED IN THE N.E. 1/4 OF THE S.E. 1/4, 1 inch = 20 FT. ��in �"�"��� ......... OF SECTION 13, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.AL, 20 0 20 KING COUNTY, WASHINGTON PORTION OF: E It R .-104.27--\ . N.E. 1/4, S.E. 1/4, SEC. 13, T. 23 NORTH, R. 4 EAST, W.M. ITAA0 CONCAVE AIONUPDR c ASYRMLr EDEA re w/ TNoma CR 1 N WOO Mr. LAND USE ACTION NUMBER: LAND RECORD NUMBER: RN.Nem (Cor OF Rang a NO.191,31 / 12-RCP Not 191.35 LUA-XX-XXX-SHPL LAID-xx-xxxx Ir RW E.19150 l-SITE 90.08ARA' 1-54.. BASIS OF BEARINGS: EOUND ODrX17E7F M �\\♦ IOP W.ear aW F.N. �\\ • EL.IAA7 US FOE7 A'''..6 ' Cn. 0L7wE N SHOWN HEREON ARE Mir OF RENTUN CONTROL N EN SEAT 10 RING At>qR)� \ J.,"• ,_,Q4, •y� AND ID Na 1058 BEING SOLON eJ19NJY EAST.RECORDS Fes' OF THE CRY OF RENTON. •�� Ry° NOTES: l \ 'i I.MONUMENTS UST 11517W 11-I5-04. p 1.ALL ExISTNC TREES TO REMAIN,SEE,REE PUN. 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ASPINLT ; IOTN / ' TI:d CEDAR TOP NEST DOLT ON FIRE HYDRANT y AR ��l: J; ,g ; `� _ / MMRE ,' T2:r CEDAR ELEVATION_197.97 V.S FEET, 6T c ' i�..'�CCFA . p .�r.:. .. cora Ts r1 CEDAR CONTOUR INTERVAL: 70 ../�-$ / BJ' ' i 76:1/IY APPLES 2.00 U.S.FEET t COM O//// a n le eA n..,'lee MARE LEGEND: s/C / ® I Lor n Y OR' /2 e, $ ® FOUND MONIMENT AS UESCRIeEO RET.MNLL oN \\,.,.: , -� r S•r.927- 0 SANITARY SEWER MANHOLE j( 1 L 600W.INE , r 1 I 1:-.............:-.-.....---�l�4�'FLb''q,,,,l" ® sANRAw sEWEx cLEANOur E 1 4 / 377�, ' 1 41 I 0 �b �� J ® GTCH BLSM' 1AIT £�r{y:...- «` 1.R000ZS 0TMEE J AIME (�1'')' i O. % $T A:I(cOc,�\� se CULVERT 181 /�' ; I,OILSE , "1 /�0 �,, /1e� %(' .f d ; ,� SA/7 4 FlRE H 09491 I82 - - $� CONTROL DETAIL 14' • WATER VALVE r� , 'PET Nu.10.4'S `1C�'s, / a Pnrr.tM L� 4 %1' .q,• -`, $ 1 a�' ® WATFR METER I ' N'''''''----J---------- 's ,/,1.YM 10,y�, I 0�•i' n GS METER ' ' ,lam@b$ #t,17' cA`' _ , $ unlet POLE r_ SG Dd '/ ,.!}�diOA� O�i H y GUT ANCHOR _,2919. 1je // �.-,`` ' r4, I w ppp / t l 0 ® AINLeox ,R7. 7'_ .R' �-r7e-l" r-� ��. _2+tcn 4 o vp�fud.' yV t>-W000 FENCE / i r *11.R.:0;.----..,_::: ry p, :o w J' iu�+Lc 55247, 165.! °T" "'r � CALM J EXHIBIT ® a R-s.•117.,3 ;' L 7--C-. 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( • to W E IE 12-RCP=1942 t"/ Q. ,/ EXISTING CB �',,,,: jM If trr- U. - iy(PRAL'c RIM=196.45 r1� __ J Irl � i II a / 12n RCP N..191.35 �1 1 .4 1 S r M a 12'RCP E.•191.50 A r... ... !II 'Y • , �.il EXISTING CB w°i;zke1 �. 1 ,� �_ ��3SS<14Ei r'� ., - / nlll``: RIM.194.23 '•. l �1 ,_„ • yy L48.. F 12'RCP N.=192.38-{, �'`,-.� o- > IS / - iAL' •r �� 12'RCP S•192.18 ��'` -� 8,1''"� �_ SSMH � / / - r- s�uy?t 'IP: s ��+9:91��.8$ -='i f ``-„S `n "-(:� , RIM.193.79 �`��?000' w T li 8'DI N.-S..166.100--'�.! J2 ( i �` ., S B i AL C , \` -all M 'i V W_•�, s�, 1 ` t ILS .. �. /j /�\'�:,_ Te - \� � J VICINITY MAP y/ fC _ v^^ \p/\�ll 5 y / t ,T2. 4,;_a_ 8e 41��c''47 f�qB t LSOAL DESCRIPTION: NOTES: • -[y N T /' `4 MI ST10l M NNMATY CEO)kaReA10 AO L00x1.11010m1 4//�'•�$/ / ''i2 w l 4-) AS atr- w 1, �Ac lo,oacm�wlN�rr rut0600 RIO Cf ao1wam N wf9 nlr;1 v13"NDnAts''Ma°r.°I a MO CONTE r.YaA.+aTs"ST XaTm r t-ts-or. (E STIN CB V.i s _ _ ( �4AOy 1 -. _ _, MUM w mE LAT Cr R M%town OF RRA:.TAR OF RRvwro1. suRFLTOR's NOTE: ., R 8N7.7] I - 1 `�sl R1/ •, ,m R-0-II Of S.W.MI n.Mir MIR IT R5 S.:ltS5.63\\I k - -`- ,ar _ -4* ( (�y,, ^' - RAMS OF SL WOOS, NOM I` ( ' l u,w:r •, , rot '` f,Or 'Ie WINOS SHOW 1011001 NC sun of MC EFMX� *LEO MR Mt Mot bQOLTe A.Oi IIT •' Q OETOW5 CPI OP AOIAN COM YORRYm a N0.NM AO.RAIOONMN00L m AOR x0141 MUM R° e ! (3� HOUSE Aro o Aa rax MC sovrY un'n•un.A[Mws ImWAXar nd MOO MOW WMMORArcw IE=173.93 /�w�j'/, _ / , \4. IAa! ' ' OenA M Y Or AEON rano w e[580. NEW WATER METER l�& N \ p •."% '...4.04, :.t //fie 7 FOR LOT 2 1,1 7/1�(I / :'r'�"•e• BENCNYARN: PARENT PARCEL ll /1-CR .�� ,! cm°r ROM.'MOOR a Nz McS1 ar»-a), '• JI' l 1, NOP LME 4111040, 111 2X1 OWNSPOUT r /WC CCOOKT YaAwu+4 L.w IVO 1 + 815PERS10N TRENCH Al IN INFIRM Ra MO crows we aE 1, / l�_ �/N.-UTILITY EASEMENT f� , �'Y�Cl" ,,. GARAGE \ TeL 111/1 ntwnw•*PAC U.S.r¢T. 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ALARM SNELL<OROTRT TO AMERICAN AMOCIATION CF MIRSERTEN S19A4296<VD STANDARDS Ii PROvVDE ONE YEAR WARRANT'STARTING PROMDATE OF FINAL ACCEPTANCE ]XEET i COOIC]'NATE ALL SORE OM.GENERAL CONTRACTOR VERIFY ALL SITE PLAN INFORMATION ON T.IS SHEET WITH CIVIL PLANS PRIOR TO CCNSTRUCT.O, J] PLANT GRCWOV DCERN A MINIM.ID FRO..co.M CTE OR ASLT PHA6I.IFAC55 L I.( Go- PLOITMG SILL REM.nRE SUPPLEMENIK WATER Tu1SOInH AT LEAST NEM FIRST GROWING SEASON �plp,{I AIG q N N Z!N • - EXHIBIT o :vt�t..G?... . NTP. ,' ' ,1 I S116ET: 5 ( PIC052006 RECEIVED( ._ . 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SL----1-_-.-7.-_--- ,------:- • a-,7---:_• - - ,:',. .. ,-,--=___-:_-___.:,:_____,,____ _-------__-__-----1._7'-':_rf.----T: - 40 la a-._--_,Z.---:— --__--:.,--.-.-7,2---_'÷'-•-=:;=--_-= ..-- _ ,--,z---1--a'•.,-.-. _-.._ . . .--",=="E- 3,-..-4-•,,---,------,-7.-_-.-1--. ..-zar _ a .-,---,- 5 ----- N SCALE 1 : 1,297 -- no I 100 0 100 200 300 FEET EXHIBIT - lttp://rentonnet.org/MapGuide/maps/Parcel.rnwf (Wednesday, January 24, 2007 4:14 PM Renton „....., „ ,,,,,,,,,.,., • " . „. _ . . --- Renton City Limits ... ,,,,,,,,,,,,, ,„. . ._ _ , . ..„„ u Parcels 4§sid s k � w a V a�,ay 4 1S . kF '1t - t y v4 k p� ..= 0 "?,-:;a:'.'-Af-P';-,_ ,*"..'r'1.:,..,„:r.:;:,,,,i 1,-..i'i . ,,,,„4,....... ..... : , :•f,,, -,..,, ,__, .:,,z---f-,),,-;,i•:-l„.::-wA:,';•.:t:.,?-•i,-- ---....--,.:',--„.!-,,,,,,,,ic.ir:,';i.,1,--,•::-.!„,-4--- --,- ,, _„:„,,,„„,„„,„ ..1„..,„ ,..,.: . ... ,,„,!.........„ ._,,,,,,,„„..,.., .2,., .,„,,,, . ._, _. •• : ,,...,•,..„.,,,, ,,,.,..„. :::,, • . ..„.„,,„„....„ ,•.:,,,,,,,,,,,,„;-.=, , ,_ _ . . ;•..,...,„..„,,,,,,:•- . ,-,;,,,.„.•,•:,,...,,,,,.::;. ,, , . . , -.„„„,,--„, , ,,_ , __,,,,,,..,„„,... ,_.„..› .., . ,,. ..., .. , _ t y yay 9 - - am k \ 5�fi } E -t a r � � M t°�o . - err , -�, �� � tiiY ( ' - W N SCALE 1 : 5 ,k 77 _ --, 50 0 50 100 150 FEET EXHIBIT 7 Thursday, January 25, 2007 8:58 AM ttp://rentonnet.org/MapGuide/maps/Parcel.mwf .... r . . .• RM-F /1C4th i0 I. — i CYz () ,. 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TM CA CA EXHIBIT 44100, G3 - 19 T23N RSE W 1/2 8....4?. •Ato a• ZONING ———— Renton ett,7 UnittO 1:4800 • + P/B/PW TECHNICAL SERVICES 18 T23N R5E W 1/2 ivI4.t ,r0." 02/16/06 5318 . _. . CITY OF RENTON COUNCIL AGENDA BILL I AI#: d Submitting Data: For Agenda of: Dept/Div/Board.. EDNSP/Strategic Planning August 13, 2007 Staff Contact Don Erickson (x-6581) Agenda Status X Consent X Subject: Public Hearing.. Anthone' Annexation - 2`d Zoning Public Hearing on Correspondence.. Expanded Annexation Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions BRB Closing Letter Information Ordinances Recommended Action: Approvals: • Council concur in setting the second public Legal Dept hearing on zoning for September 10, 2007. Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget N/A City Share Total Project.. SUMMARY OF ACTION: The only remaining action before the Council for this annexation is to hold the second public 160 hearing on zoning and decide whether to accept the decision of the BRB to accept or modify the annexation as approved by the Board. The Anthone' Annexation is back before the Council to pick up the process and resume review based on the original 4.85-acre annexation boundary. In light of a recent State Supreme Court decision that found that BRB exceeded its authority in expanding the boundaries of recent annexations the City Attorney advised staff it could proceed with this annexation, but only with the original boundary. Under state law, the City is required to hold two public hearings on future zoning, assuming it wishes to proceed with this annexation. The site is currently designated Residential Low Density (RLD) on the Comprehensive Plan Land Use Map and would normally be zoned R-4 consistent with this designation, if it is annexed. The Administration is recommending that Council adopt R-4 zoning for the 4.85-acre site, with the understanding that it is grandfathered in for the R-5 zone's density and some of its development standards. STAFF RECOMMENDATION: Council set September 10, 2007, for a public hearing to consider future zoning for the Anthone' Annexation site. Rentonnet/agnbill/ CITY OF RENTON Us. ECONOMIC DEVELOPMENT, NEIGHBORHOODS, la"" AND STRATEGIC PLANNING DEPARTMENT .ONr° MEMORANDUM DATE: August 1, 2007 TO: Toni Nelson, Council President City Council Members VIA: J- Mayor Kathy Keolker FROM: Alex Pietsch, Administrator STAFF CONTACT: Don Erickson, x6581 SUBJECT: Anthone' Annexation - 2°d Public Hearing on Zoning and Effectuation by Ordinance ISSUE: Although the Boundary Review Board (BRB) expanded the original 4.85-acre Anthone' Annexation site to 25.7-acres on August 31, 2005, does the Council wish to proceed with the original 4.84-acre annexation site in light of the State Supreme Court's recent finding that the BRB exceeded its authority when expanding the boundaries of a similar annexation in Redmond? If the Council decides to proceed with the annexation as originally proposed, does it support R-4 zoning consistent with the Comprehensive Plan Land Use Map's Residential Low Density designation for this area? RECOMMENDATION: • Council accept the Anthone' Annexation, as originally proposed, by adopting the attached annexation ordinance for it, and • Council adopt the attached zoning ordinance, zoning the non-street portions of the subject site R-4, 4 du/net acre, consistent with the current RLD land use designation currently shown on the City's Comprehensive Plan Land Use Map, noting that this annexation was one of three annexation sites grandfathered in with R-5 zoning in the fall of 2004 when the City replaced its R-5 zone with the current R-4 zone. BACKGROUND SUMMARY: err+' Anthone' Annexation August 1, 2007 Page 2 The City received the 10% Notice of Intent to Commence Annexation petition in June 2004, and held a public meeting with the applicants in July 2004. Council accepted the 10% petition at that hearing and authorized circulation of the 60% petition to annex. In October 2004, the City received the 60% petition to annex for the original 4.85-acre site and it was certified by King County on October 11, 2004. At a public hearing on January 24, 2005, Council accepted the 60% Direct Petition and authorized staff to transmit the Notice of Intent package to the BRB, pursuant to RCW 36.93.090. The Board held public hearings on August 30, 2005 accepting the original 4.85-acre annexation but at the request of the City continued the hearing to consider expanding its boundary. On August 31, 2005, the Board expanded the original 4.85-acre site to 25.7 acres by including the Talbot Estates, Springbrook Terrace, and Hi Park subdivisions to the south and east of the original annexation site. On November 9, 2006, the State Supreme Court ruled in the Interlake Sporting Association v. Wash. State Boundary Review Board for King County case, that the BRB had exceeded its authority by expanding the original annexation area's boundary. In response to this decision the City Attorney advised staff to desist from processing any similar expanded annexation in Renton not yet approved by City Council. As a result, staff has reverted back to the original 4.85-acre site. RCW 35A.14.140 appears to give the Council the authority to effectuate either all or a part of the annexation site: "Subject to RCW 35.02.170, the ordinance may annex all or any portion of the proposed area but may not include in the annexation any property not described in the petition. " Staff is asking Council to approve only a portion of the area approved by the BRB. As a consequence of bringing in only a portion of the expanded 25.7-acre annexation area, the remaining 10.85-acre portion will become an unincorporated island if the Benson Hill Communities Annexation is successful later this year. Staff will recommend that Council bring this area in by resolution, if that were to happen. The annexation site is within Renton's PAA (see the map shown on Attachment 1). The area is designated RLD in the Renton Comprehensive Plan. It is also located within the Kent School District and is currently served by Fire District No. 37. The City does have an interlocal agreement with the Kent School District to collect school impact mitigation fees for the District. Upon annexation, Renton would assume fire services for this area. Reviewing staff raised no significant obstacles to this annexation. Except for parks, no major service issues were identified. Parks indicated a general deficiency of improved recreational facilities in the area, and staff estimates a one-time acquisition/improvement cost to the City of$9,489. This figure, however, does not reflect the fact that the City has already acquired the former Cleveland property along the west side of Talbot Road South for future park development. Prorated improvement costs are more likely to be about half this amount. At full development, the proposed annexation is expected to have a slight positive financial impact of approximately $7,025 annually in today's dollars. In terms of future zoning, if Council decides to proceed with this annexation, staff is recommending R-4 zoning consistent with this area's Residential Low Density (RLD) Comp Plan land use designation. Because the original 4.84-acre annexation had been submitted in the first half of 2004, it, and two other annexation sites with this land use designation were H:\EDNSP\PAA\Annexations\Anthone'\Issue Paper for 08-20-07.doc Anthone' Annexation August 1, 2007 Page 3 grandfathered in under the provisions of the earlier R-5 zone. The City's new R-4 zone did 440•rr not take effect until November of 2004. Because of litigation affecting this annexation over the last two years, no action was taken on it until recently, after the Boundary Review Board was no longer a party to it. CONCLUSION: Although the BRB notified the City on September 13, 2005, that it had completed its resolution and hearing decision for this annexation and had expanded the original 4.85-acres to 25.7-acres, the State Supreme Court's decision of November 9, 2006 negated the BRB's authority and rational for having done so. The Board found that: "Annexation will enable the City of Renton to provide a harmonious, efficient plan for governance of the built community, preservation of the natural environment, and protection of public welfare." Similarly, staff concludes that the originally proposed annexation also appears to protect the public welfare as well as further the City's business goals. It also appears to be supported by RCW 35A.14.140, since the Council would be approving a smaller area than what the BRB had approved in September of 2005, yet an area consistent with State Supreme Courts' ruling of last November. 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Stralcv,Plaramg 4 I Proposed Annex.Area 02A:A.D.p:Frh,,, Liberty Annexation w/ Highland Estates Units Population AV Existing dev. 1 2 $746,000 Full dev. 20 46 $10,846,000 Assumptions: 2.3 persons/new SF household $396,100 AV/existing unit(including mobile homes) $550,000 AV/new SF home Revenues Total revenues Existing Full Rate Existing !': $2488 86 Regular levy $2,105 $30,602 2.82148 Full iii yiiii$3$ 640;:4& Excess levy $47 $678 0.06252 State shared revenues Rate(per cap) Existing Full Liquor tax $3.93 $7.86 $180.78 Liquor Board profits $7.41 $14.82 $340.86 Gas tax-unrestricted $23.69 $47.38 $1,089.74 MVET $0.00 $0.00 $0.00 Camper excise $0.75 $1.50 $34.50 Criminal justice $0.22 $0.44 $10.12 Total $72.00 $1,656.00 Miscellaneous revenues Rate Existing Full Real estate excise* $48.57 $97.14 $2,234.22 Utility tax** $133.20 $133.20 $2,664.00 Fines &forfeits* $17.53 $35.06 $806.38 Total $265.40 $5,704.60 * Per capita ** Per housing unit-based on $2,220 annual utility billing @ 6%tax rate Costs;:::: Total ongoing costs Per capita Existing Full Existing ; $2;218::78 Contracted Services Full $31;815::34 Alcohol $0.19 $0.38 $8.74 Public Defender $4.68 $9.36 $215.28 Jail $8.56 $17.12 $393.76 Subtotal $26.86 $617.78 Court/legal/admin. $66.92 $133.84 $3,078.32 Parks maintenance* $14.90 $29.80 $685.40 Police $276.89 $553.78 $12,736.94 Road maintenance** N/A $542.00 $940 Fire*** $1.25 $932.50 $13,557.50 Total $2,218.78 $31,615.94 * See Sheet Parks FIA **See Sheet Roads FIA *** Rate per$1,000 of assessed valuation (FD#25 contract) Net fiscal impact Existing ;:..:: '_::$270>08 Full ;::i::., :$7;024:52 Parks acquisition &development(from Sheet Parks FIA): Parks acquisition % development(from Parks Sheet) Total one-time costs: :::;::::.:''$9,488>56 Revised 8-29 per Finance Memo . 1 1 • IIIWashington State Boundary Review Board For King County Yesler Building,Room 402,400 Yesler Way,Seattle, WA 98104 Phone:(206)296-6800 •Fax:(206)296-6803 • http://www.metrokc.gov/annexations September 13, 2005 • o .. City of Renton rn ri Attn: Don Erickson, AICP o -rnv f) CI:C1 Senior Planner ni 1055 South Grady Way Renton, WA 98055 < Tf1 cz> d RE: CLOSING LETTER FOR RESOLUTION AND HEARING DECISION : File No. 2199 - City of Renton- Anthone Annexation Dear Mr. Erickson: We are writing to advise you that the Washington State Boundary Review Board for King County has now completed the Resolution and Hearing Decision, as specified in RCW 36.93, to N"'""` approve the above referenced proposed action filed with the Board effective: September 12, 2005. The Resolution and Hearing Decision for this action is enclosed for filing as prescribed by RCW 36.93.160(4). An appeal period to Superior Court has been established, as mandated by RCW 36.93.160. The appeal period to Superior Court will close on October 11, 2005. In order to finalize the proposed action, the applicant must address the following requirements, where applicable: 1. Compliance with the statutory requirements and procedures specified in the Notice of Intention; 2. Sewer and Water district actions and some other actions are also subject to approval by the Metropolitan King County Council. If the Council makes changes to the proposal, the Board may then be required to hold a public hearing. 3. Filing with King County of franchise application(s), as required, accompanied by a copy of this letter. 4. Filing with King County of permit application(s), as required, accompanied b a o• of this letter. W. S. B.R. B.for Nor ` ' 1; Page two continued, September 13, 2005 Form HE 8 *4600 5. Notification to King County Office of Regional Policy and Planning, in writing, of your intended effective date of this action. This notification should be provided as early as possible. Please send this information to Michael Thomas, Office of Management and Budget, 701 Fifth Avenue, Suite 3200, Seattle, Washington 98104, and 6. Filing with King County Council of: (1) one certified copy of your final resolution or ordinance accomplishing this action; and (2) a copy of this letter. This document should be filed with the Clerk of the Council (Attn: Ms Anne Noris), King County Courthouse, Room 1025, Seattle, Washington 98104 If you have questions or would like additional information, please contact our office at 206.296.6800. Sincerely, 4e-``J-I'J /2)-"" Lenora Blauman Executive Secretary Attachment: Resolution and Hearing Decision dated September 12, 2005 cc: Ms. Anne Noris, Clerk of Council Ms. Debra Clark, King County Department of Assessments Ms. Lydia Reynolds-Jones, Manager, Project Support Services Mr. Bill Huennekens, Records and Elections Division Mr. Paul Reitenbach, Department of Development&Environmental Services Mr. Michael Thomas, Office of Management and Budget King County E-911 Program District(s): King County Fire Protection District No. 25 and 37 Soos Creek Water and Sewer District Kent School District No. 415 W.S. B. R.B. for 00/0 *4001 KING COUNTY Now' CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON ANNEXING CERTAIN TERRITORY OF THE CITY OF RENTON (ANTHONE' ANNEXATION; FILE NO. A-04-003) WHEREAS, under the provisions of RCW 35A.14.120, as amended, a petition in writing requesting that certain territory contiguous to the City of Renton, as described below, be annexed to the City of Renton, was presented and filed with the City Clerk on or about October 5, 2004. WHEREAS, prior to the filing and circulation of said petition for annexation to the City of Renton, the petitioning owners notified the City Council of their intention to commence such proceedings as provided by law, as more particularly specified in RCW 35A.14.120 and upon public hearing thereon, it having been determined and the petitioning owners having agreed to assume their fair share of the pre-existing outstanding indebtedness of the City of Renton as it pertains to the territory petitioned to be annexed; and to accept that portion of the City's Comprehensive Plan as it pertains to the territory including the applicable Zoning Code relating thereto; and WHEREAS, the King County Department of Assessments has examined and verified the signatures on the petition for annexation on, or about, October 11, 2004 and determined that the signatures represent a majority of the annexation area's assessed value (excluding streets), as provided by law; and WHEREAS, the Economic Development, Neighborhoods and Strategic Planning Department of the City of Renton having considered and recommended the annexing of said property to the City of Renton; and ` 1 ORDINANCE NO. WHEREAS, the City Council fixed August 20, 2007, as the time and place for public hearing in the City Council Chambers, City Hall, Renton, Washington, upon the petition and notice thereof having been given as provided by law; and WHEREAS, pursuant to said notices public hearings have been held at the time and place specified in the notices, and the Council having considered all matters in connection with the petition and further determined that all legal requirements and procedures of the law applicable to the petition method for annexation have been met; and WHEREAS, the King County Boundary Review Board having deemed the "Notice of Intention" approved as of September 13, 2005; and WHEREAS, the City of Renton is concurrently zoning the annexation site R-4, four units per net acre; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The findings, recitals, and determinations are hereby found to be true and correct in all respects. All requirements of the law in regard to the annexation by petition method, including the provisions of RCW 35A.14.120, 130, 140, and 150 have been met. It is further determined that the petition for annexation to the City of Renton of the property and territory described below is hereby approved and granted; the following described property being contiguous to the City limits of the City of Renton is hereby annexed to the City of Renton, and such annexation to be effective on and after the approval, passage, and publication of this Ordinance; and on and after said date the property shall constitute a part of the City of 2 " ' ORDINANCE NO. ;, Iry Renton and shall be subject to all its laws and ordinances then and thereafter in force and effect; the property being described as follows: See Exhibit"A" attached hereto and made a part hereof as if fully set forth herein [Said property,yapproximately 4.85-acres, is generally located immediately south of South 55 Street and immediately east of Talbot Road South.] and the owners of the property within the annexation shall assume their fair share of the outstanding indebtedness of the City of Renton as prescribed in RCW 35A.14.120 as it pertains to the property, and the property shall be subject to the City's Comprehensive Plan and Zoning Code. SECTION II. This Ordinance shall be effective upon its passage, approval, and thirty days after its publication. A certified copy of this Ordinance shall be filed with the King County Council, State of ‘4111r0, Washington, and as otherwise provided by law. 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 3 ORDINANCE NO. Lawrence J. Warren, City Attorney Date of Publication: ORD.+:+:ma. r.r00 4 EXHIBIT A ANTHONE' ANNEXATION LEGAL DESCRIPTION That portion of Tract 11, Spring Brook Acre Tracts, according to the Plat thereof recorded in Volumel2 of Plats Page 60,records of King County, Washington, lying northerly and westerly of the plat of Talbot Estates, according to the plat thereof recorded in Volume 172 of Plats, Pages 1 through 3, said records, and lying southerly and easterly of the existing limits of the City of Renton as annexed under City of Renton Ordinance Nos. 3268 and 3751 respectively; All situate in the Northeast quarter of Section 6, Township 22 North, Range 5 East, W.M., in King County,Washington. / - _" N ■ ) • 0111 o • • 5th St 4 IIak __ _ _ . _ __ _ . _iVWj JI irnil 1111111:\ illy:._,,,..0.14,,v0...lanais, iii • AI At. iv m - -, __ o moulliall /II 111 • .410,1„. ...... 4,, jr gill _ ____ ■■ lvo rk Q- 0 Prtbiti Anthone Annexation - Exhibit A 0 400 800 Zoning Map — — — City Limits • Economic Development,Neighborhoods&Strategic Planning Annexation Area 1 ; 4800 'OAlex Pictsci.Administrator '' .E.Pease) R 4 Zoning p Ol August 2007 lame CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON ESTABLISHING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY ANNEXED WITHIN THE CITY OF RENTON FROM R-4 (URBAN RESIDENTIAL 4 DU PER ACRE, KING COUNTY ZONING) TO R-4 (RESIDENTIAL 4 DU/AC; FOUR DWELLING UNITS PER ACRE) (ANTHONE' ANNEXATION, FILE NO. A-04-003). WHEREAS, under Section 4.2.020 of Chapter 2, Land Use Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," as amended, and the maps and reports adopted in conjunction therewith, the property hereinbelow described has not been zoned in the City of Renton; and WHEREAS, said property owners petitioned the City of Renton for annexation and concurrent rezoning, which said annexation having previously been approved and the property Nay annexed to the City of Renton, and the City having held two public hearings to consider this zoning application, the first hearing being held on January 24, 2005, and the second hearing being held on August 20, 2007, and said zoning request being in conformity with the City's Comprehensive Plan, as amended, and the City Council having duly considered all matters relevant thereto, and all parties having been heard appearing in support thereof or in opposition thereto; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The following described property in the City of Renton is hereby zoned to R-4 as hereinbelow specified. The annual ordinance adopting the maps of the City's zoning ordinance is hereby amended to evidence said rezoning and the EDNSP Administrator is iitow 1 ORDINANCE NO. hereby authorized and directed to change the maps of the zoning ordinance, as amended, to evidence said rezoning, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein. [Said property, approximately 4.85-acres, is generally located immediately south of the south side of South 55th Street on the north, and immediately east of Talbot Road South.] SECTION IL This ordinance shall be effective upon its passage, approval, and thirty days after its publication. 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 Date of Publication: ORD.+:+:ch. 2 EXHIBIT A ANTHONE' ANNEXATION R-4 REZONE LEGAL DESCRIPTION That portion of Tract 11, Spring Brook Acre Tracts, according to the Plat thereof recorded in Volumel2 of Plats Page 60, records of King County, Washington, lying northerly and westerly of the plat of Talbot Estates, according to the plat thereof recorded in Volume 172 of Plats, Pages 1 through 3, said records, and lying southerly and easterly of the existing limits of the City of Renton as annexed under City of Renton Ordinance Nos. 3268 and 3751 respectively; All situate in the Northeast quarter of Section 6, Township 22 North, Range 5 East, W.M., in King County, Washington. _..) I tai -- 1 S;- ?.--5 1 , ,_ )5th St # i ,7\ I I k • _ _,. _ ii Vt._ s MI 1 11, %, "III ,r,",,,,I ism mg / - - . It MI ,.i ru C)-- Vtie _ NO �_t h a Fork 0 �� `Slo it/ /9 . Illi op th isamirp� Fraillill! er. 9ibuir iii 1110 ms - Mr 0 iih 1 NW arammormuraima I.RN & AM wej ill r r n-h ci- Anthone' Annexation - Exhibit A 0 400 800 Zoning Map morassi — — — City Limits ^p .0.... Economic Development,Neighborhoods&Strategic Planning Annexation Area 1 : 4800 Alex Retsch,Administrator C August R-4 Zoning 01 August 2007 s P CITY OF RENTON COUNCIL AGENDA BILL 1 AI#: ‘, t gI Submitting Data: For Agenda of: August 13,2007 Dept/Div/Board Police Department Staff Contact Commander Katie McClincy Agenda Status (x7555) Consent X Subject: Public Hearing.. Red light/school zone photo enforcement contract Correspondence.. Ordinance Resolution X Old Business Exhibits: New Business Contract with American Traffic Solutions Study Sessions Scope of work Information Recommended Action: Approvals: Council concur Legal Dept X Finance Dept X Other Fiscal Impact: Expenditure Required... $306,000 (full year)Lie Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project SUMMARY OF ACTION: In June, Council approved a resolution to allow Renton to purchase professional services from the vendor, American Traffic Solutions from Seattle's contract, and amended the Renton Municipal Code to set the infraction amount. The final step for implementing red light/school zone photo enforcement is to enter into a contract and negotiate a scope of work with American Traffic Solutions,Inc. for implementation of traffic enforcement cameras. Upon entering into this contract with ATS,ATS will work with Renton's Traffic Engineering Division to install hardware at the specified intersections and school zones 60-90 days after plan approval and permitting. After a 30 day warning period and period of public outreach,notices of violation will be issued after police approval. Approved violations will then be processed by Renton Municipal Court. Staffing impacts to the Municipal Court, City Attorney and Police Department will be separately estimated and requested once the City has had several months of experience with the program. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to enter into a contract with American Traffic Solutions, Inc. for traffic photo enforcement services. Rentonnet/agnbill/ bh CITY OF RENTON *44100, PROFESSIONAL SERVICES AGREEMENT Contract Title: Traffic Safety Camera System Contract#: THIS AGREEMENT made and entered into on this day of , by and between the City of Renton, a Washington Municipal Corporation (the"City"), and American Traffic Solutions, Inc., the Consultant (the"Consultant"). Consultant Business: American Traffic Solutions, Inc. Consultant Address: 14861 N. Scottsdale Road, Ste 109, Scottsdale, AZ 85254 Consultant Phone: 480-368-0900 Consultant Fax: 480-607-0901 Contact Name Adam E. Tuton or Chief Operating Officer Consultant e-mail: adam.tutonatsol.com Federal Employee ID No.: 48-1114931 Authorized City Representative for Commander Katie McClincy this contract: WHEREAS, the City desires to implement and operate a turnkey traffic safety camera system pursuant to fico Washington State Law 46.63.170; and WHEREAS, public convenience and necessity require the City to obtain the services of a Consultant with photo enforcement implementation and operations experience; and WHEREAS, the City of Seattle awarded a contract to American Traffic Solutions, Inc. for a traffic safety camera system as a result of a competitive solicitation; and WHEREAS, American Traffic Solutions, Inc., extends the City of Seattle contract to the City of Renton and such agreement is the basis for this contract; and WHEREAS, the City finds that Consultant is qualified to perform and is experienced in performing the required services; and WHEREAS, the City desires to engage the Consultant to provide traffic safety camera services, also known as photo enforcement services; NOW,THEREFORE, the parties herein do mutually agree as follows: 1. Employment of Consultant. 1.1 The City retains the Consultant to provide the services described in "Exhibit A—Scope of Work" (the"Work"). Any inconsistency between this Agreement and the Scope of Work shall be resolved in favor of this Agreement. The Consultant shall perform the Work according to the terms and conditions of this Agreement. 1.2 The City may revise the Work and the compensation only by a written Change Order signed by the authorized City representative that shall become a part of this Agreement. 1.3 The project manager(s) of the Work shall be Commander Katie McClincy and Traffic Operations Manager Chris Barnes. The project manager(s) shall not be replaced without the prior written consent of the City. 1 4 1.4 Work shall commence when the City issues a notice to proceed and it shall be completed no later than 90 days after receipt of the last installation permit, unless the completion date is extended in writing by the City. 2. Payment Terms. 2.1 Compensation 2.1.1 The total compensation to be paid to Consultant, including all services and expenses, shall not exceed the fees indicated on each Work Order Exhibit, which shall be full compensation for the Work. 2.1.2 The Consultant shall be paid in such amounts and in such manner as described in each Work Order Exhibit. 2.1.3 Pricing shall be fixed and firm through the pilot project and for a total of five years, assuming the City elects to continue the project, 2.1.4 For service charge adjustment beyond the initial 5 years, the basis for adjustment shall: (a) Be County or other pricing index appropriate to the particular product herein; (b) Not produce a higher profit margin than that on the original contract; (c) Clearly identify the items impacted by the increase; (d) Be accompanied by documentation acceptable to the City sufficient to warrant the price increase request and shall be no greater than the total of changes to the CPI Index for King County; and (e) Remain firm for a minimum of 365 days. 2.1.5 This contract includes no reimbursable expenses. 2.2 Cost Neutrality Clause: After a 3-month ramp up period and during the remaining term of the contract, City shall not be required to pay ATS more than City (or ATS on City's behalf) has collected/received in fines payments through the use of the Axsis System cumulatively throughout the term of the contract. For the purposes of this clause, the term "fines" applies to that portion of fines actually retained by the City according to the distribution method applicable under Washington State law. 2.2.1 This clause will be applied as follows: (a) If collections for the program during any month are less than the full amount of ATS invoices, ATS shall be entitled the full amount of fines actually collected. ATS will maintain an accounting of any net balances owed to ATS and shall apply future collections first to the accrued balance and then to the current months invoice. At any time that ATS fees and any accrued balances are fully repaid, additional collections will be retained by the City. Any positive revenue balances generated from this program (whether reserved in cash or not by the City) will be used to offset future ATS invoices in the event of monthly deficits. (b) Example: If during Year 1 of the program, revenues minus ATS fees yield a net surplus of$100,000; this amount would be available to pay ATS invoices for any future periods in the event that lesser or no revenue were to be generated in future periods. However, at the point where the (actual or paper) surplus is exhausted, then no additional payments would be due until additional collected fines were available to cover the cumulative deficit. For the purposes of this clause, the accrued surplus is a calculated figure determined by subtracting ATS fees from program fines collected. The obligation to pay is not subject to the existence of cash reserves from the program, for example, if the City chooses to use or has used these surplus funds for any other uses. 2.2.2 This provision shall not apply should the City elect not to enforce illegal right turn on red violations or if City elects not to pursue collections on unpaid violations, or if City directs ATS to install a 2 camera at a site with an initial starting violation rate of fewer than 16 violations per day, or if City or Police waives more than 10 percent of valid violations forwarded to the Police for acceptance according to *firrr+ business rules. 3. Term of Contract. 3.1 The term of this contract shall commence on the date this agreement is made effective and shall expire five (5) years from that date. 3.2 The City, at its sole discretion, may extend the term of the contract for an additional five (5) years for a total of ten (10) years. Such renewal requires the approval of Renton City Council. 4. Request for Payment. 4.1 Not more than once every thirty days the Consultant shall file its request for payment, accompanied by evidence satisfactory to the City justifying the request for payment, including a report of Work accomplished and tasks completed, and an itemization of Eligible Expenses with copies of receipts and invoices. Invoices must show a breakdown of services provided and price for each. 4.2 All requests for payment should be sent to Commander Kathleen McClincy City of Renton Police Department 1055 So. Grady Way Renton, WA 98057 5. Work Order Methodology for Approved Work under this Contract: 5.1 Work Order Procedure ATS shall provide the City the Camera Systems as specified in work orders issued under this Agreement. Each work order shall be a written document having its own specific Scope of Work ("Work Order Scope of Work") identifying the services to be performed and the associated deliverables to be provided and payment terms. Each work order shall be subject to the terms and conditions of this Agreement and shall be incorporated into this Agreement by this reference. ATS shall furnish the City with an integrated turnkey solution; that is, services identified in the work orders shall be provided as a single, complete transaction and not as separate items. 5.2 Work Order#1 Work Order#1 consists of the documents listed in the Scope of Work, Exhibit A to this Contract. Except for items listed as City responsibilities in Work Order#1, ATS shall furnish all services, labor, materials, documentation, equipment, and software to install and test the Camera System, and to provide the specified training, warranties, and maintenance for the System. 5.3 Notice to Proceed on Tasks Identified in Work Orders The execution of this Agreement shall constitute the City's notice to ATS to proceed with Work Order#1. For each subsequent work order under this Agreement, ATS shall commence work upon issuance of a written notice to proceed from the City. 5.4 Additional Work Orders 5.4.1 Additional work orders issued under this Agreement may be generated by the City for the following purposes: (a) Upgrade(s) of equipment, software, or change(s) of any deliverable provided hereunder; and (b)Any other items related to red light traffic safety system for which the City places an order. 5.4.2 For any work order(s) requested by either party subsequent to Work Order#1, ATS shall submit to the City for its review and approval a detailed proposal for the scope, implementation plan, 3 milestones, test and acceptance procedures, as well as the cost consistent with previous work orders, the RFP and RFP response. Once this proposal is received and approved by the City, a new work order will Nied be issued for the change or additional work. Upon the City's written approval and notice to proceed, ATS shall implement the change or additional work and invoice for the changed or additional work consistent with the City's approval notice and the terms and conditions of this Agreement. 6.Termination of Contract. 6.1 For Cause: The City may terminate this Contract if the Consultant is in material breach of any terms of this Contract, and such breach has not been corrected according to established standards and agreed upon designs indicated in a valid Work Order within thirty(30) days from notice of breach. For purposes of this subsection, a material breach is defined as a failure to perform any work identified in Paragraph 1 of the Scope of Work (Exhibit A). 6.2 For City's Convenience: The City may terminate this Contract in whole or in part, without cause and for any reason including The City's convenience, upon written notice to the Consultant at the conclusion of the first 12 months from activation of the Camera Systems in Work Order#1. 6.3 Acts of Insolvency: The City may terminate this Contract by written notice to Consultant if the Consultant becomes insolvent, makes a general assignment for the benefit of creditors, suffers or permits the appointment of a receiver for its business or assets, becomes subject to any proceeding under any bankruptcy or insolvency law whether domestic or foreign, or is wound up or liquidated, voluntarily or otherwise. 6.4 Notice: The City is not required to provide advance notice of termination. Notwithstanding, the City may issue a termination notice with an effective date later than the termination notice itself. In such case, the Consultant shall continue to provide products and services as required by the City until the effective date provided in the termination notice. 7. Assignment of Contract—Subconsultants. Consultant shall not assign this contract or sub-contract or assign any of the Work without the prior written consent of the City. 8. Indemnification. 8.1 To the extent provided by law and irrespective of any insurance required of the Consultant, the Consultant shall defend and indemnify the City from any and all Claims arising out of or in any way relating to this Agreement; provided, however, the requirements of this paragraph shall not apply to that portion of such Claim that reflects the percentage of negligence of the City compared to the total negligence of all persons, firms or corporations that resulted in the Claim. 8.2 Consultant agrees that the provisions of this paragraph 8 apply to any claim of injury or damage to the persons or property of consultant's employees. As to such claims and with respect to the City only, consultant waives any right of immunity, which it may have under industrial insurance (Title 51 RCW and any amendment thereof or substitution therefore). THIS WAIVER IS SPECIFICALLY NEGOTIATED BY THE PARTIES AND IS SOLELY FOR THE BENEFIT OF THE CITY AND CONSULTANT. 8.3 As used in this paragraph: (1) "City" includes the City's officers, employees, agents, and representatives; (2) "Consultant" includes employees, agents, representatives sub-consultants; and (3) "Claims" include, but is not limited to, any and all losses, claims, causes of action, demands, expenses, attorney's fees and litigation expenses, suits,judgments, or damage arising from injury to persons or property. 8.4 Consultant shall ensure that each sub-consultant shall agree to defend and indemnify the City to the extent and on the same terms and conditions as the Consultant pursuant to this paragraph. 9. Insurance. 9.1 Consultant shall comply with the following conditions and procure and keep in force at all times during the term of this Agreement, at Consultant's expense, the following policies of insurance with companies authorized to do business in the State of Washington. The Consultant's insurance shall be 4 rated by A. M. Best Company at least"A" or better with a numerical rating of no less than seven (7) and otherwise acceptable to the City. 9.2 Workers' Compensation Insurance as required by Washington law and Employer's Liability Insurance with limits not less than $1,000,000 per occurrence. If the City authorizes sublet work, the Consultant shall require each sub-consultant to provide Workers' Compensation Insurance for its employees, unless the Consultant covers such employees. 9.3 Commercial General Liability Insurance on an occurrence basis in an amount not less than $1,000,000 per occurrence and at least$2,000,000 in the annual aggregate, including but not limited to: premises/operations (including off-site operations), blanket contractual liability and broad form property damage. 9.4 Business Automobile Liability Insurance in an amount not less than $1,000,000 per occurrence, extending to any automobile. A statement certifying that no vehicle will be used in accomplishing this Agreement may be substituted for this insurance requirement. 9.5 Each policy shall contain a provision that the policy shall not be canceled or materially changed without 45 days prior written notice to the City. 9.6 Upon written request to the City, the insurer will furnish, before or during performance of any Work, a copy of any policy cited above, certified to be a true and complete copy of the original. 9.7 Before the Consultant performs any Work, Consultant shall provide the City with a Certificate of Insurance acceptable to the City Attorney evidencing the above-required insurance and naming the City of Renton, its officers, employees and agents as Additional Insureds on the Commercial General Liability Insurance policy and the Business Automobile Liability Insurance policy with respect to the operations performed and services provided under this Agreement and that such insurance shall apply as primary insurance on behalf of such Additional Insureds. Receipt by the City of any certificate showing less coverage than required is not a waiver of the Consultant's obligations to fulfill the requirements. 9.8 Consultant shall comply with the provisions of Title 51 of the Revised Code of Washington %4110'" before commencing the performance of the Work. Consultant shall provide the City with evidence of Workers' Compensation Insurance(or evidence of qualified self-insurance) before any Work is commenced. 9.9 In case of the breach of any provision of this section, the City may provide and maintain at the expense of Consultant insurance in the name of the Consultant and deduct the cost of providing and maintaining such insurance from any sums due to Consultant under this Agreement, or the City_may demand Consultant to promptly reimburse the City for such cost. 10. Independent Contractor.The Consultant is an independent Contractor responsible for complying with all obligations of an employer imposed under federal or state law. Personnel employed by Consultant shall not acquire any rights or status regarding the City. 11. Employment. The Consultant warrants that it did not employ or retain any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement or pay or agree to pay any such company or person any consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right either to terminate this Agreement without liability or to deduct from the Agreement price or consideration or to otherwise recover, the full amount of such consideration. 12. Audits and Inspections. The Consultant shall make available to the City during normal business hours and as the City deems necessary for audit and copying all of the Consultant's records and documents with respect to all matters covered by this Agreement. 13. City of Renton Business License. Consultant shall obtain a City of Renton business license before performing any Work. 14. Taxes, Fees, and Licenses. 111r 5 14.1 Taxes:Where required by state statute, ordinance or regulation, Consultant shall pay for and maintain in current status all taxes that are necessary for contract performance. Unless otherwise indicated, Renton agrees to pay State of Washington sales or use taxes on all applicable consumer services and materials purchased. No charge by the Consultant shall be made for federal excise taxes and Renton agrees to furnish Consultant with an exemption certificate where appropriate. 14.2 Fees and Licenses: Consultant shall pay for and maintain in a current status, any license fees, assessments, permit charges, etc., which are necessary for contract performance. It is the Consultant's sole responsibility to monitor and determine any changes or the enactment of any subsequent requirements for said fees, assessments, or charges and to immediately comply with said changes during the entire term of this Contract. Consultant must pay all custom duties, brokerage or import fees where applicable as part of the contract price. Consultant shall take all necessary actions to ensure that materials or equipment purchased are expedited through customs. 15. Representations and Warranties. 15.1 Consultant represents and warrants that it has the requisite training, skill and experience necessary to provide Work and is appropriately accredited and licensed by all applicable agencies and governmental entities. 15.2 Consultant warrants that all materials, equipment, and/or services provided under this Contract shall be fit for the purpose(s) for which intended, for merchantability, and shall conform to the requirements and specifications herein. Acceptance of any service and inspection incidental thereto by Renton shall not alter or affect the obligations of the Consultant or the rights of Renton. 16. Inspection. Work shall be subject, at all times, to inspection by and with approval of Renton, but the making (or failure or delay in making)such inspection or approval shall not relieve Consultant of responsibility for performance of the Work in accordance with this Contract, notwithstanding Renton's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. Consultant shall provide sufficient, safe, and proper facilities and equipment for such inspection and free access to such facilities. 17. Confidential Information: 17.1 If Renton notifies the Consultant of a public disclosure request, and the Consultant believes records are exempt from disclosure, it is the Consultant's responsibility to make determination and pursue a lawsuit under RCW 42.56.540 to enjoin disclosure. The Consultant must obtain the injunction and serve it on the City before the close of business on the tenth business day after the City sent notification to the Consultant. It is the Consultant's discretionary decision whether to file the lawsuit. 17.2 If the Consultant does not timely obtain and serve an injunction, the Consultant is deemed to have authorized releasing the record. If the City has notified the Consultant of a public disclosure request, and the Consultant has not obtained an injunction and served the City with that injunction by the close of business on the tenth business day after the City sent notice, the City will then disclose the record. 17.3 Notwithstanding the above, the Consultant must not take any action that would affect (a) the City's ability to use goods and services provided under this Agreement or(b) the Consultant obligations under this Agreement. 17.4 The Consultant will fully cooperate with the City in identifying and assembling records in case of any public disclosure request. 18 Disputes. 18.1 Any dispute or misunderstanding that may arise under this Contract concerning Consultant's performance shall first be resolved, if mutually agreed to be appropriate, through negotiations between the Consultant's Project Manager and Renton's Project Manager, or if mutually agreed, referred to the City's named representative and the Consultant's senior executive(s). Either party may decline or discontinue such discussions and may then pursue other means to resolve such disputes, or may by mutual agreement pursue other dispute alternatives such as alternate dispute resolution processes. Nothing in this dispute process shall in any way mitigate the rights, if any, of either party to terminate the contract in accordance with the termination provisions herein. 6 • 1 18.2 Notwithstanding above, if Renton believes in good faith that some portion of Work has not been completed satisfactorily, Renton may require Consultant to correct such work prior to Renton payment. In such event, Renton must clearly and reasonably provide to Consultant an explanation of the concern and the remedy that Renton expects. Renton may withhold from any payment that is otherwise due, an amount that Renton in good faith finds to be under dispute, or if the Consultant does not provide a sufficient remedy, Renton may retain the amount equal to the cost to Renton for otherwise correcting or remedying the work not properly completed. 19. Conflict of Interest: Consultant confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Consultant's selection, negotiation, drafting, signing, administration, or evaluating the Consultant's performance. 20. Compliance with Federal, State and Local Laws. Consultant, at its sole cost and expense, shall comply with and obey all federal, state and local laws, regulations, and ordinances applicable to the operation of its business and to its performance of the Work. 21. Non-Waiver of Remedies. Any waiver by the Consultant or the City of the breach of any provision of this Agreement by the other party will not operate, or be construed, as a waiver of any subsequent breach by either party or prevent either party from thereafter enforcing any such provisions. Remedies under this Contract are cumulative; the use of one remedy shall not be taken to exclude or waive the right to use another. 22. Liens, Claims and Encumbrances: All materials, equipment, or services shall be free of all liens, claims or encumbrances of any kind and if Renton requests a formal release of same it shall be delivered to Renton within 5 days of such request. 23. Complete Agreement. This Agreement, including Exhibit A, contains the complete and integrated understanding and agreement between the parties and supersedes any understanding, agreement or negotiation whether oral or written not set forth herein. ' 24. Modification of Agreement. This Agreement may be modified by a Change Order as provided in ¶1, or by a writing that is signed by authorized representatives of the City and the Consultant. 25. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void, insofar as it is in conflict with said laws, the remainder of the Agreement shall remain in full force and effect. 26. Notices. 19.1 Notices to the City of Renton shall be sent to the following address: Commander Kathleen McClincy City of Renton Police Department 1055 South Grady Way Renton, WA 98057 19.2 Notices to the Consultant shall be sent to the following address: American Traffic Solutions, Inc. Chief Operating Officer 14861 N. Scottsdale Road, Ste 109, Scottsdale, AZ 85254 27. Jurisdiction and Venue. This Agreement shall be governed by the law of the State of Washington and venue for any lawsuit arising out of this Agreement shall be in King County. /// /// 7 IN WITNESS WHEREOF, the City and Consultant have executed this Agreement as of the date first above written. CITY OF RENTON Corporation American Traffic Solutions, INC. WASHINGTON By: By: Adam E. Tuton Kathy Keolker, Mayor Its Executive Vice President/COO Date Date ATTEST: By: City Clerk Date APPROVED AS TO FORM: By: City Attorney Date 8 Nifty' Exhibit A SCOPE OF WORK Work Order One DEFINITIONS: As used in this Agreement, the following words and terms shall, unless the context otherwise requires, have the respective meanings provided below: "Citation" means a citation issued by a competent state or municipal law enforcement agent or agency or by a court of competent jurisdiction relating to a violation documented or evidenced by the (AxsisTM ) System. "Person" or"persons" means any individual, partnership,joint venture, corporation, trust, unincorporated association, governmental authority or political subdivision thereof or any other form of entity. "Camera System" means a photo-traffic monitoring device consisting of camera(s) (both the Axsis RLC- 300 and the Axsis Live Video System (if required) and a traffic monitoring device capable of accurately detecting a traffic infraction on up to four lanes at one approach and which records such data on an image of such vehicle. "Camera System" shall, where the sense requires, also include any enclosure or cabinet in which the AxsisTM System is stationed. As used below, the term "Red Light Stationary Camera System" is used interchangeably with the Camera System term defined here. "Approach" is defined as one direction of travel of one or more lanes on a road or a traffic intersection. "Violation" means failure to obey an applicable traffic law or regulations, including, without limitation, failure to obey a traffic signal, operating a motor vehicle in excess of the posted speed limit, or operating a motor vehicle without displaying a valid license plate. °fir "Operational Time" means the actual time that a Camera System is monitoring traffic. 1. AMERICAN TRAFFIC SOLUTIONS (ATS) SCOPE OF WORK 1.1. ATS IMPLEMENTATION 1.1.1. ATS agrees to provide a turnkey solution for Red Light Stationary Camera Systems to the City of Renton (hereinafter"the City") wherein all reasonably necessary elements required to implement and operate the solution are the responsibility of ATS, except for those items identified in Section 2 titled "City Scope of Work". ATS and the City understand and agree that new or previously unforeseen requirements may, from time to time, be identified and that the parties shall negotiate in good faith to assign to the proper party the responsibility and cost for such items. In general, if work is to be performed by the City, unless otherwise specified, the City shall not charge ATS for the cost. All other in scope work, external to the City, is the responsibility of ATS. 1.1.2. ATS agrees to make every effort to adhere to the Project Time Line outlined in Schedule 4. 1.1.3. ATS agrees to provide the City with AxsisT" RLC-300 Red Light Stationary Camera Systems as follows: 1.1.4. ATS will assist the City with video evaluation of candidate sites using the Axsis VIMS system. 1.1.5. ATS will install Camera Systems a number of approaches, to be agreed upon between ATS and the City after completion of site analysis. In addition to the initial locations, the parties may agree from time to time, by additional Work Order(s), to add to the quantities and locations where Camera Systems are installed and maintained. 1.1.6. ATS will operate each Camera System on a 24-hour basis, barring downtime for Noisy maintenance and normal servicing activities. 9 1.1.7. ATS agrees to commence the installation of the Systems within 14 days after all approvals and required permits have been approved (the date all permits are approved shall hereinafter be referred to as the"Approval Date"). The Approval Date shall be marked by the issuance of a signed letter from ATS to the City, stating that permits from a particular site or set of sites have been approved. 1.1.8. ATS agrees to have all agreed-upon installation work completed and have the Systems fully operational according to the Project Schedule. 1.1.9. ATS agrees to provide necessary training for persons designated by the City and to assist the City with development of public information and outreach campaign as specified in its response to the City's Request for Proposals. 1.1.10. ATS agrees to provide a secure web site (www.violationinfo.com) accessible to citation recipients (defendants) by means of a Notice#and a PIN, which will allow violation image review. 1.1.11. The City and ATS will complete the Project Business Process Work Flow design within 30 calendar days of contract signature; the parties to this agreement will use the drafts included on Schedules 2 and 3 as the basis for the final workflow design. 1.1.12. ATS normally shall provide technician site visits to each Stationary Camera System once per month to perform preventive maintenance checks consisting of camera enclosure lens cleaning; camera, strobe and controller enclosure cleaning; inspection of exposed wires; and general system inspection and maintenance. No ATS technician shall enter a traffic signal cabinet without the presence of a City Traffic Signal Technician. 1.1.13. ATS shall repair a non-functional Stationary Camera System within 72 hours of determination of a malfunction. 1.1.14. ATS shall repair the Axsis VPS system within 1 business day from the time of the outage. Outages of City internet connections or infrastructure are excluded from this service level. 1.2. ATS OPERATIONS 1.2.1. ATS shall provide the City with an optional one-time warning period up to 30 days in length at the outset of the program. 1.2.2. As the party responsible for initial contact with the red light violator, ATS shall provide the City with an automated web-based citation processing system (Axsis TM VPS) including image processing, color printing, and mailing of at least one Citation or Notice of Violation per chargeable event. Each citation shall be delivered by First Class mail to the registered owner within the statutory period. Subsequent mailings to drivers identified in affidavits of non-liability or by rental car companies are also included. For mail not delivered due to address problems, ATS will mail the citation again if the City provides it with better information. 1.2.3. ATS shall apply an electronic signature to the citation when authorized to do so by an approving law enforcement officer. 1.2.4. ATS shall obtain in-state vehicle registration information necessary to issue citations assuming that it is named as the City's agent and the State provides the registration data at no cost. 1.2.5. Where obtainable, ATS shall provide out-of-state vehicle registration necessary to issue citations at no cost to the City. 1.2.6. ATS will designate rental car companies as registered owners. Notices of Violation (not citations) shall initially be issued to rental car companies. Citations may be issued to rental car companies or designated drivers if the rental car company identifies the driver. 10 1.2.7. On a daily basis (or as otherwise agreed), ATS shall transmit to the Renton Municipal Court(RMC) a text file containing all citation and Notice of Violation information issued, 4 ""` for uploading into the RMC computer system. 1.2.8. On a daily basis (or as otherwise agreed), ATS shall receive from RMC an automatic update from RMC containing the status of citations based on the latest disposition information, indicating payments received or cases otherwise closed, dismissed, resolved, or sent to collections. Also, ATS shall receive car rental disposition data and process it as agreed. 1.2.9. The AxsisTM VPS system, which provides the City with ability to run and print a report, shall include reports including, but not limited to: • Program Statistics Report • Location Performance Summary Report • Location Performance Detail Report • Violation Reject Report • Document Aging Report ATS will work with the City to design other management reports that are descriptive of infraction, hearing and collection activity as requested. 1.2.10. ATS shall provide the City with, or train a local expert witness able to testify in Court on matters relating to the accuracy, technical operations, and effectiveness of the Axsis TM System. 1.2.11. In those instances where damage to a Camera System or sensors is caused by negligence on the part of the City or its authorized agent(s), ATS will provide an estimate of the cost of repair. Upon authorization to proceed with the repairs or replacement, ATS shall replace or repair any damaged equipment and invoice the City for the pre-approved Afire repair cost. ATS shall bear the cost to replace or repair equipment damaged in all other circumstances. 1.2.12. ATS shall provide a website and help line to help the City resolve any problems encountered regarding its Red Light Camera System and/or citation processing. The help line shall function during normal business hours. 1.2.13. As part of its turnkey system, ATS shall provide violators with the ability to view violations online. Affidavits shall be directed to and processed by ATS/Axsis and communicated to the Court via the Axsis VPS transfer described at 1.2.8, above. 1.3. OPTIONAL COURT SERVICES 1.3.1. The following services are available by contract change order. Fees for these optional services are identified on Schedule 1. 1.3.2. Issuance of second notice upon expiration of unpaid first notice. ATS shall issue a second notice including a payment coupon and return payment envelope within 5 days of determination that no payment on a first notice was received. The second notice shall be due within 14 days of issuance and shall contain language advising the violator that collections action will ensue immediately unless payment is received. 1.3.3. Affidavit/Transfer of Liability Processing—ATS shall process all inbound transfer of liability forms, rental car driver identification forms, and new or change of address items and reissue a new notice to the identified party.. 1.3.4. Lockbox payment processing services. ATS shall operate a lockbox payment processing service for the program and shall process all checks, money orders and cashiers checks on behalf of the City. All payments will be deposited into a blocked account in the name of the City and shall be swept on a periodic basis to another city designated account. err► 11 • 1.3.5. Electronic online payments—ATS shall operate an electronic payment portal for the purposes of accepting debit card, electronic check (ACH) and Visa and Mastercard credit card payments over the internet. The fees for these transactions are paid by the user through the application of a convenience fee. 1.3.6. Collections services—upon expiration of the second notice, ATS will commence collections action on any unpaid notices. ATS will make efforts to engage a local vendor to perform these collection services. 2. CITY SCOPE OF WORK 2.1. GENERAL IMPLEMENTATION REQUIREMENTS 2.1.1. Within 7 business days of contract execution, the City shall provide ATS with the name and contact information for a project manager with authority to coordinate City responsibilities under the Agreement. 2.1.2. Within 7 business days of contract execution, the City shall provide ATS with the name and contact information for a Renton Municipal Court manager responsible for oversight of all Court-related program requirements 2.1.3. The City shall make every effort to adhere to the Project Time Line outlined in Schedule 4. 2.1.4. The City shall provide a letter to the Washington Department of Motor Vehicles on behalf of ATS indicating that ATS is acting as an Agent of the City for the purposes of accessing vehicle ownership data pursuant to the list of permissible uses delineated in the Drivers Privacy Protection Act 18 U.S.C. § 2721, Section (b) (1) and as may otherwise be provided or required by any provision of applicable state law. ATS shall provide the City with draft content for its letter. 2.1.5. The City and ATS shall complete the Project Business Process Work Flow design within 30 calendar days of contract signature, using the drafts included on Schedules 2 and 3 as the basis for the final workflow design. 2.2. STREETS AND TRAFFIC DEPARTMENT OPERATIONS 2.2.1. City will design, fabricate, install and maintain red light camera warning signs. 2.2.2. The City shall provide access to traffic signal phase connections according to approved design. Only City Traffic Signal Technicians will perform wiring connections within the traffic signal cabinet to accomplish the red light camera installation. 2.2.3. The City may allow ATS to use existing street furniture, poles, and available conduit for the purposes of installing and operating its Camera Systems, according to approved design. A City Traffic Signal Technician must be present during installation for the camera systems on existing street furniture, poles, and conduit at the intersections. 2.2.4. The City shall not require ATS to provide installation drawings stamped by a licensed civil engineer. However, ATS work product and drawings shall conform to professional norms and reflect the details of installation work to be completed. 2.2.5. The City shall approve or reject ATS's submitted plans within 7-10 business days of receipt. If after 10 business days, the City has not rejected ATS's plans, they will be deemed accepted. 2.2.6. The City shall process street use and pole attachment permit requests prepared by ATS in accordance with City established criteria. 2.3. POLICE DEPARTMENT OPERATIONS 2.3.1. The Renton Police Department (RPD shall process each potential violation in accordance with Washington State Laws and City Ordinances within 3 business days of its appearance in the Police Review Queue, using AxsisTM to determine which violations will ,4001, 12 , k be issued as Citations or Notices of Violation. The City and Consultant shall mutually agree on rejection criteria. Nraw 2.3.2. RPD workstation computer monitors for citation review and approval should provide a resolution of 1280 x 1024. 2.3.3. For optimal data throughput, RPD workstations should be connected to a high-speed internet connection with bandwidth of T-1 or greater. 2.3.4. RPD shall provide signatures of all authorized police users who will review events and approve citations on forms provided by ATS. 2.4. MUNICIPAL COURT OPERATIONS 2.4.1. Renton Municipal Court(RMC) shall receive electronic text files of citation information and load the citation information into its Citation database. 2.4.2. RMC agrees to pursue registration suspensions and other legal and customary means necessary to compel payment of outstanding citations. 2.4.3. RMC shall provide a judge or hearing officer and Court facilities to schedule and hear disputed citations. 2.4.4. On a daily basis (or as otherwise agreed), RMC shall transmit to ATS Axsis TM daily updates of all citation disposition or transaction information indicating payments received or cases otherwise closed, dismissed or resolved. 2.4.5. On a daily basis (or as otherwise agreed), RMC shall receive an electronic file of undeliverable citations from Axsis TM it may then transmit ATS Axsis TM better addresses, if available. If better addresses are not available, RMC may ask ATS to provide Skip Tracing Services. 2.4.6. RMC shall provide the specific text required to be placed on the Citation notice to be Isrie issued by ATS within 30 calendar days of contract signature. The Washington Administrative Office of the Courts (AOC) must approve this notice. The Court shall make reasonable efforts to expedite the approval process but cannot guarantee that AOC will communicate approval within 30 days of contract signature. 2.4.7. RMC shall handle inbound and outbound phone calls and correspondence from defendants who have questions about payments, disputes, and other issues relating to citation adjudication. The Court may refer citizens with questions regarding ATS or Axsis technology and processes to websites and/or toll-free telephone numbers provided by ATS for that purpose. 2.5. INFORMATION TECHNOLOGY DEPARTMENT OPERATIONS 2.5.1. The City of Renton's Information Services Division will provide at least one in-court computer to be used by defendants to view their violations, and the capability to view violations online via lobby kiosk at City Hall. 2.5.2. An Information Services Division representative will be part of site analysis and camera installation and regularly consult with ATS technicians about preventive maintenance. 2.5.3. In the event that remote access to the ATS Axsis VPS System is blocked by City network security infrastructure, the Renton Information Services Division shall coordinate with ATS to facilitate appropriate communications while maintaining required security measures. 2.6. ACCEPTANCE 2.6.1. Upon completion of all installation, ATS shall perform an end-to-end test for each of the contracted approaches. 13 F 2.6.2. Upon completion of installation and testing of all contracted approaches, ATS shall notify the City that the system is ready for acceptance. 2.6.3. City shall conduct an acceptance test in accordance with the RFP specifications. 2.6.4. Upon successful completion of the acceptance test, the City shall issue certificate of acceptance. 2.7. PAYMENT SCHEDULE 2.7.1. Upon certification of acceptance, the City shall commence monthly payments. END OF DOCUMENT 14 Nor Schedule 1 -Fees Fees for Basic Services Monthly fee per camera approach (1 or 2 lanes) $3,500 Monthly fee per camera approach (3 or 4 lanes) $3,750 Fees for Optional Services 1. Issuance of 2nd Notice with return envelope (fee per unit) $1.50 2. Lockbox payment processing service, included processing of checks, money orders, cashiers checks and cash as well as initial program setup and ongoing monthly $1.50 account fees. (fee per processed item) 3. Affidavit/Transfer of Liability and New Address processing service- (fee per $2.00 processed item) 4. Inbound and outbound call support related to hearing scheduling, payments, $3.00 disputes, etc. (fee per call processed) Fee per 1st citation issued above the first 800 per camera per month $5.00 Collections services—includes collections activity on all instate and out of state delinquent payments remaining after the second notice. Service includes noticing, phone 25% of contact, and credit reporting. ATS will add the collections fee to the outstanding notice collections balance such that City net equals $101. Skip Tracing (per good address located) $3.50 Dummy Camera System 1 to 2-lane dummy site capable of being live—fee per month $1,250 3 to 4-lane dummy site capable of being live -fee per month $1,750 Non functional dummy camera (pole, camera enclosure, strobe enclosure) fee per month $500 SecurID Two-Factor Security Option Implemenation Fee $2,000 User fee per user per month includes software licensing, support and SecurlD fob $20 Replacement SecurlD Fob $200 Fixed Site Speed Camera for School Zone Enforcement Fee includes a 4-lane site and up to 800 issued citations per month per camera $4,750 ivory, 15 f � CITY OF RENTON COUNCIL AGENDA BILL m#: �r G • Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Transportation Systems Division August 13,2007 Staff Contact Ryan Plut, x7372 Agenda Status Consent X Subject: Public Hearing.. Correspondence.. 2007 Walkway Improvement Project Ordinance Contract with Pacific Engineering Design, LLC Resolution Old Business Exhibits: New Business X Issue paper Study Sessions Consultant Agreement Information Recommended Action: Approvals: Legal Dept X Refer to Transportation Committee Finance Dept Other Fiscal Impact: (317.000009) Expenditure Required... $ 152,056.63 Transfer/Amendment Amount Budgeted $ 152,056.63 Revenue Generated Total Project Budget $ 373,000.00 City Share Total Project SUMMARY OF ACTION: The project involves design of sidewalks and curb ramps at six sites citywide. Current estimates place the cost of construction at $627,600. Funding at this time is only required to cover the cost of survey and design. We request that funds in the amount of$152,056.63 be authorized for this project. The funds will come from the Walkway Program in the amount of$140,000 and from the Technical Services/Public Works Professional Services Funds in the amount of$12,056.63. A request for funds for construction, testing of materials, and construction management will be forthcoming when PS&E design is complete. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the design contract with Pacific Engineering Design for the 2007 Walkway Improvement Project (TIP#10)in the amount of$152,056.63 H:\Division.s\TRANSPOR.TAT\DESIGN.ENG\Ryan\Projects\Walkway_2007\Agenda Bill.doc ti`SY 0 PLANNINGBUILDING/ • ® •, PUBLIC WORKS DEPARTMENT *kw, -c-vNrco� MEMOR ANDUM DATE: August 13, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: Kathy Keolker, Mayor FROM: Gregg Zimmerman, Administrator f - ' STAFF CONTACT: Ryan Plut, Project Manager(x7372) SUBJECT: 2007 Walkway Improvement Project Contract with Pacific Engineering Design, LLC ISSUE: Should the Council authorize the execution of the design contract with Pacific Engineering Design for the 2007 Walkway Improvement Project (TIP#10)? RECOMMENDATION: Ivor Authorize the Mayor and City Clerk to execute the design contract with Pacific Engineering Design for the 2007 Walkway Improvement Project (TIP #10) in the amount of$152,056.63. BACKGROUND: This contract involves design of 3,300 linear feet of sidewalk with curb ramps at six sites citywide. Funding is required to cover the cost of survey, design and construction. Current estimates place the cost of construction at $627,600. A request for funds for construction, testing of materials, and construction management will be forthcoming when PS&E design is complete. The 2007 budget for walkways (fund 317.000009) is $373,000. The total project budget remaining in 2007 from this program is $264,458. After execution of this contract, the balance amount will be $124,458. Cc: Ryan Plut,Transportation Design Project Manager Connie Brundage,Transportation Administrative Secretary h:\division.s\transpor.tat\design.eng\ryan\projects\walkway_2007\issue paper memo- not yet in committee.doc Consultant/Address/Telephone Local Agency Pacific Engineering Design, LLC Standard Consultant 15445 53rd Avenue South, Suite 100 %gad • Seattle, WA 98188 Agreement (425) 251-8811 ®Architectural/Engineering Agreement ❑ Personal Services Agreement • Agreement Number Project Title And Work Description CAG-07- Walkway Improvements 2007 Federal Aid Number (City-Wide Sidewalk Improvements) N/A Agreement Type (Choose one) ❑ Lump Sum Lump Sum Amount $ ® Cost Plus Fixed Fee DBE Participation Overhead Progress Payment Rate % El Yes ® No Overhead Cost Method Federal ID Number or Social Security Number 91-2091084 ❑Actual Cost Do you require a 1099 for-IRS? Completion Date ❑Actual Cost Not To Exceed % ®Yes ❑ No December 31, 2008 ❑ Fixed Rate cyo Fixed Fee $ 152,056.63 Total Amount Authorized $ 152,056.63 *ad ❑ Specific Rates Of Pay - -- — — ❑ Negotiated Hourly Rate Management Reserve Fund $ ❑ Provisional Hourly Rate Maximum Amount Payable $ 152,056.63 ❑ Cost Per Unit of Work Index of Exhibits Exhibit"A"- Scope of Work Exhibit"B" - DBE Participation Exhibit"C" - Electronic Exchange of Engineering and Other Data 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"1"—Payment Upon Termination of Agreement Exhibit"J"—Alleged Consultant Design Error Procedures Exhibit"K"—Consultant Claim Procedures Exhibit"L"—Liability Insurance Increase Exhibit"M"—Certification Documents THIS AGREEMENT, made and entered into this day of between the Local Agency of , Washington, hereinafter called the"AGENCY" , and the above organization hereinafter called the"CONSULTANT". DOT Form 140-089 EF Page 1 of 8 Revised 6/05 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 - Nome 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 SUBCONSULTANT, 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. 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 'rte,. 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.) %%ow 49 CFR Part 21 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. lithe 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 Atiosommeraimmimmilloil 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 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. 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, err' 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 temis of the AGREEMENT, or as otherwise required, 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. "ire 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. XIV Extra Work „owe 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. Nood Page 7 of 8 In witnes ;Whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Executio Date"-box on page one (1) of this AGREEMENT. / , By / '/ � &:1c7'tZ3.3..10 By Consultant G ovra:: ?Its— Agency • Nifty "Vwrr► DOT Form 140-089 EF Page 8 of 8 Revised 6/05 Exhibit A-1 Scope of Work Project No. * Perfo n_fullfids_urvey at sixseparate locations for sidewalk improvements within public rig is of way as identified-in-the-att. •-s • •• matting one new monument and set 17 RP's and prepare new mongment cards. • Perform engine.erin for placement-of sidewalks identified in the attached list. Additional engineering for all required demolition, erosion control, relocations, pr'vate driveway transitions, storm drainage improvements, retaining walls, curbs and access ramps associated with these sidewalk improvements_ — — *— Preparation of det.' •• s •- • - . ••• for construction-of design_elements. * - •. • •• • ;'• •, ket. •- '_• • . • • . '•• . •• •• tion narrative) for each_of the sidewalk improvements_prajectsntified in-th_attaehediist__ _ Documents To Be Furnished By The Consultant • 40%plans, specificationsand_estimate showing thatlevel ofrequired demolition, erosion - control__relocations,private driveway transitions, storm drainage improvements, retaining walls,_curbs-.__- and ac .cess rramps as required for each of the above_mentioned sidewalk improvement projects * _ 100%_plansrs_p-ecifications and estimate detailing all required demolition,erosion control, relocatiflns,-_private-driveway transitions,storm.-drainage impravements,-retaining walls, curbsand_acc-ess ramps as required for each-of the above_mentioned sidewalk_improvement projects- *__-_detailed AF_specifications for construction of design elements for each of the above mentioned sidewalk improvement projects- *_____ Construction narrative_for each_of the_.hovementioned sidewal-k-i-mprovement_projects_ F1naLsune-ydrawings for.foreach of the_above mentionedsidewalk improvement projects- *_ - Cad Files and_PDF's onCD_for_each ofthe-above_nentioned_sidewalk-improvement_projects_ err# DOT Form 140-089 EF Exhibit A-1 Revised 6/05 Walkway 2007 Improvements Locations & *low General Survey/Engineering Description Civil • Jones Avenue NE from 20th Street to 26th Street Sidewalk improvements along east side of Jones, driveway transitions, sidewalk ramps, curbs and gutters as required, storm drainage improvements as required. Limited retaining wall design is anticipated. No structural engineering is anticipated for these walls. • NE 24th Street; east of Jones Avenue NE Sidewalk improvements along south side of 24th, driveway transitions, sidewalk ramps, curbs and gutters as required, storm drainage improvements as required. • Burnett Avenue at N 5th Street and from N 1st to N 3rd Sidewalk ramps. Sidewalk improvements along west side of Burnett, driveway transitions, sidewalk ramps, curb and gutter as required, storm drainage improvements as required. Note: A new catch basin may be required on private property as a function of sidewalk improvements. • Shattuck Ave and S 3rd Place Sidewalk improvements along north side of 3rd, sidewalk ramps, curb and gutter as required. • Lake Avenue S from 2nd to S Tobin Street Sidewalk improvements along west side of Lake, driveway transitions, sidewalk ramps, curb and gutter as required, storm drainage improvements as required. • Taylor Place NW and NW 4th Street Sidewalk improvements along west side of Taylor and south side of 4th, sidewalk ramps, curb and gutter as required, storm drainage improvements as required. Survey • Jones Avenue NE from 20th Street to 26th Street Survey will include all above ground improvements along with below ground utilities as can be located from as-builts, paint markings and field survey within the street right-of-way. Sidewalks and private driveways will be included on the east side of Jones Avenue up to and including garage entrances. Other improvements along the east side of Jones such as retaining walls and trees that appear to be impacted by the proposed construction, but are outside of the right-of-way, will be located. • NE 24th Street; east of Jones Avenue NE Survey on NE 24th Street will include improvements between the north edge of the pavement and the southerly right-of-way line. Limits of survey will be right-of-way approximately 50 feet beyond the limits of proposed improvements. tommensumor • Burnett Avenue at N 5th Street and from N 1St to N 3rd A similar scope of service but limits of survey will be from the east curb line to west right-of-way line on Burnett. Survey limits for the intersection of Burnett and N 5th Street will be right-of-way approximately 50 feet north, 50 feet south and 50 feet east of the intersection. • Shattuck Ave and S 3rd Place A similar scope of service but limits of survey will be approximately 100 feet north and south of the intersection at Shattuck and S 3rd Place. Limits will continue approximately 20 feet beyond the right-of-way limits on S 3rd to approximately 250 feet west of the Shattuck Avenue intersection. • Lake Avenue S from 2°d to S Tobin Street Similar scope of service but limits of the survey will be at the west half of the right- of-way on Lake Avenue S and the entire right-of-way approximately 100 feet in each direction from the Lake and Tobin Street intersection. • Taylor Place NW and NW 4th Street Similar scope of service with limits of survey being 100 feet south, north and west of the intersection at Taylor and NW 4d' Street and approximately 180 feet northwesterly of NW 4th Street intersection. • Monuments and RP's Na010 Install one new monument and case in Jones Avenue @ 27th Street and set RP's and prepare monument cards for 17 monuments. Exhibit E-1 Consultant Fee Determination - Summary Sheet (Lump Sum, Cost Plus Fixed Fee, Cost Per Unit of Work) Project: Walkway Improvements 2007 Direct Salary Cost (DSC): Classification Man Hours Rate = = Cost Principal 20.0 X 43.00 $ 860.00 Project Manager 200.0 X 34.35 6,870.00 Professional Engineer 79.0 X 34.35 2,713.65 Senior Engineer 27.0 X 28.65 773.55 Engineer 60.0 X 22.90 1,374.00 Sr_Engineering Technician 395.0 X 24.35 9,618.25 Engineering Technician 180.0 X 22.90 4,122.00 Project Assistant 23.0 X 24.35 560.05 Now Support Staff 31.0 X 18.60 576.60 Total DSC = $ 27,468.10 Overhead (OH Cost -- including Salary Additives): OH Rate x DSC of 196.53 % x $ 27,468.10 53,983.06 Fixed Fee (FF): FF Rate x DSC of 15 % x $ 27,468.10 4,120.22 Reimbursables: Itemized 6,502.76 Subconsultant Costs (See Exhibit G): 59,982.50 Grand Total / 152,056.63 Prepared By. = .1-VD rEZT Date: -4 Now DOT Form 140-089 EF Exhibit E-1 Revised 6/05 • Exhibit F Breakdown of Overhead Cost Account Title $ Beginning Total % of Direct Labor Direct Labor 615,208.77 100.00% Overhead Expenses: FICA • 46,245.48 7.52% Unemployment 7,505.35 1.22% Health/Accident Insurance 78,250.28 12.72% Medical Aid & Industrial Insurance 2,785.38 0.45% HolidayNacation/Sick Leave 105,260.92 Commission/Bonus/Pension 77,334.09 12.57% Total Fringe Benefits 317,381.50 51.59% General Overhead: State B&O Taxes 31,095.48 5.05% Insurance 45,092.10 7.33' Administration &Time Not Assignable 248,335.83 40.37% Printing, Stationery& Supplies 15,364.06 2.50% Professional Services 167,329.89 27.20% Travel Not Assignable 11,859.81 1.93% Telephone &Telegraph Not Assignable 6,808.99 1.11% Fees, Dues & Professional Meetings 6,252.62 1.02% Utilities & Maintenance 21,937.79 3.57% Professional Development 7,927.71 1.29% Rent 193,651.75 31.48% Equipment Support 88,485.56 14.38% Office, Miscellaneous & Postage 47,573.87 7.73% Total General Overhead 891,715.46 144.95% Total Overhead (General + Fringe) — _ 1,209,096.96 196.53, Overhead Rate (Total Overhead/Direct Labor) 196.53% DOT Form 140-089 EF Exhibit F Revised 6/05 Exhibit G Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: Hansen Surveying will perform all survey work for the above identified sidewalk projectsnd pro ide final survey drawings both on paper and on CD in AutoCAD format They will also perform all work involved in setting new RP points and preparation of new monument card lower *110000 DOT Form 140-089 EF Exhibit G Revised 6/05 Exhibit G-1 Subconsultant Fee Determination - Summary Sheet Project: Walkway Improvements 2007 Direct Salary Cost (DSC): Classification Man Hours Rate = Cost Prof. Land Surveyor 78.0 X 70.00 $ 5,460.00 Senior Office Technician 257.5 X 40.00 10,300.00 Field Crew 193.0 X 50.00 9,650.00 X X X X X X Total DSC = $ 25,410.00 Overhead (OH Cost -- including Salary Additives): OH Rate x DSC of 115.25 % x $ 25,410.00 = 29,285.03 Fixed Fee (FF): FF Rate x DSC of 15.7 % x $ 25,410.00 = 3,989.37 Reimbursables: Itemized = 1,298.10 Grand Total = 59,982.50 Prepared By: Date: 7_ ,L}—7> 7 DOT Form 140-089 EF Exhibit G-1 Revised 6/05 Exhibit G-2 Breakdown of Subconsultants Overhead Cost Account Title $ Beginning Total % of Direct Labor Direct Labor 310,540.00 100.00% Overhead Expenses: FICA • 23,756.00 7.65% Unemployment 4,730.00 1.52% Health/Accident Insurance 32,444.00 10.45% Medical Aid & Industrial Insurance 2,819.00 0.91% Holiday/Vacation/Sick Leave 21,000.00 6.76% Commission/Bonus/Pension 6,320.00 2.04% Total Fringe Benefits 91,069.00 29.33% General Overhead: State B&O Taxes 15,492.00 4.99% Insurance 18,509.00 5.96% Administration & Time Not Assignable 26,600.00 8.57% Printing, Stationery & Supplies 82,582.00 26.59% Professional Services 6,859.00 2.21% Travel Not Assignable 10,620.00 3.42% Telephone & Telegraph Not Assignable 8,419.00 2.71% Fees, Dues & Professional Meetings 450.00 0.14% Utilities & Maintenance 18,397.00 5.92% Professional Development 1,200.00 0.39% Rent 15,000.00 4.83% Equipment Support 9,909.00 3.19% Office, Miscellaneous & Postage 52,794.00 17.00% Total General Overhead 266,831.00 85.92% Total Overhead (General + Fringe) 357,900.00 115.25% err+ — —Overhead Rate (Total Overhead / Direct Labor) 115.25% DOT Form 140-089 EF Exhibit G-2 Revised 6/05 Y 1. CITY OF RENTON COUNCIL AGENDA BILL AI#: (.; s ill i Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Transportation Systems Division August 13, 2007 Staff Contact Peter Hahn, Acting Administrator, Agenda Status Ext. 7242 Consent X Subject: Public Hearing.. Interlocal Agreement with the City of Mercer Island for Correspondence.. Cost Sharing in an Airport Noise Study Ordinance Resolution X Old Business Exhibits: New Business X Issue Paper Study Sessions Interlocal Agreement Information Resolution Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept X I Fiscal Impact iiiii./ Expenditure Required... Transfer/Amendment Amount Budgeted.. Revenue Generated Amount Needed City Share Total Project. SUMMARY OF ACTION: In 2007 the City of Renton and the City of Mercer Island approved a Memorandum of Understanding (MOU),which among other provisions agreed to pursue a noise study for the Renton Airport. In June, the two cities selected a noise consultant and proceeded to develop an interlocal agreement for the purposes of equally sharing in the cost of the noise study. STAFF RECOMMENDATION: Approve the interlocal agreement with the City of Mercer Island and present the resolution regarding this matter for reading and adoption. Nose H:\Division.s\TRANSPOR.TAT\ADMIN\Agenda 2007Unterlocal with Mercer Island for Cost Sharing for an Airport Noise Study.doclnterlocal with Mercer Island for Cost Sharing for an Airport Noise Study • �ti`SY 0 PLANNINGBUILDING/ • ® + PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: August 13, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: Kathy Keolker, Mayor FROM: Peter Hahn, Acting Administrator SUBJECT: Interlocal Agreement with the City of Mercer Island for Cost Sharing in an Airport Noise Study ISSUE: Should Council approve the interlocal agreement with the City of Mercer Island for cost sharing in an airport Noise Study? RECOMMENDATION: Approve the interlocal agreement with the City of Mercer Island and present the resolution regarding this matter for reading and adoption. BACKGROUND: In 2007 the City of Renton and the City of Mercer Island approved a Memorandum of Understanding (MOU), which among other provisions agreed to pursue a noise study for the Renton Airport. In June, the two cities selected a noise consultant and proceeded to develop an interlocal agreement for the purposes of equally sharing in the cost of the noise study. cc: Gregg Zimmerman, Administrator Ryan Zulauf,Airport Manager Susan Campbell-Hehr/Carolyn Curry,Airport Secretaries File "ilrr H:Trans/Admin/agenda bill 2007/Mercer Island Interlocal Airport Noise Study issue paper Interlocal Agreement Between the Cities of Renton & Mercer Island .44.01 THIS AGREEMENT is made by and between the City of Renton, a Washington municipal corporation, and the City of Mercer Island, a Washington municipal corporation,referred to jointly herein as ("the Cities"). RECITALS A. RENTON is preparing the Airport Layout Plan update to its 1997 Airport Master Plan. Among the alternatives contained in the draft Plan update are scenarios that would modify the take-off and landing approaches to the airport, and change the mix and numbers of aircraft types likely to use Renton Airport. B. RENTON and MERCER ISLAND residents requested more information, including a more in-depth study of the potential noise impacts of the Airport Layout Plan alternatives. C. To facilitate evaluation of the noise impacts of proposed Airport Layout Plan alternatives, RENTON and MERCER ISLAND jointly adopted a Memorandum of Understanding ("MOU") by Council actions of April 9, 2007 (Renton) and April 16, 2007 (Mercer Island). The MOU outlines a collaborative process by which, inter alia, the Cities would obtain additional, expert analysis of potential Plan alternatives impacts; involve and obtain input from their respective residents; and work with the Federal Aviation Administration ("FAA")to adjust Renton Airport flight paths to minimize impacts to RENTON's and MERCER ISLAND's residents. D. Some of the specific actions identified in the MOU calls for the Cities to jointly develop a scope of work for a contracted consultant to study the potential noise impacts of Airport Layout Plan update alternatives, and to equitably share the costs of the same. E. RCW 39.34,the Interlocal Cooperation Act,permits any public agency to enter into an agreement with another public agency, to exercise any of their powers jointly or cooperatively, and/or to have one public agency perform any service, activity, or undertaking which each agency is authorized by law to perform. F. The Cities wish to enter into this agreement to delineate the scope of work for a contract for an aviation noise study, and the costs to be borne by each City; NOW, THEREFORE,the Cities hereby agree as follows: 1 AGREEMENT 1. Administrator. Pursuant to RCW 39.34.030(4)(a), RENTON shall act as administrator for purposes of implementing this Agreement. 2. Term. This Agreement shall be in full force and effect through December 31, 2008, unless extended by the mutual agreement of RENTON and MERCER ISLAND, as expressed by action of their respective City Councils. 3. Purpose. The purpose of this Agreement shall be as set forth in Recital F above. 4. Retention of Noise Expert. Within 30 days of mutual execution of this Agreement, RENTON shall retain the firm of Harris Miller Miller& Hanson, Inc. (HMMH)to conduct an airport noise study at Renton Municipal Airport. RENTON shall retain HMMH using a contract (including a Scope of Services, Billing Rates and Budget) substantially in form attached as Exhibit A hereto. Material changes to Exhibit A shall not be made unless first mutually approved by both the Renton Chief Administrative Officer and the Mercer Island City Manager. In cases of contract modification that would increase cost for either city by$25,000 or more, the change(s) must also be approved by the City Councils of RENTON and MERCER ISLAND. 5. Payment of Noise Expert/Records Retention. As Administrator, RENTON shall be responsible for timely payment of all bills and invoices from HMMH for work Now accepted and approved by the Cities, and for keeping and maintaining records relating to the same as required by RCW 40.14 and/or audit or management requirements (if any) of the Washington State Auditor. RENTON shall indemnify, defend and hold MERCER ISLAND harmless from and against any claims arising out of the obligations described in this Section 5, including but not limited to claims by HMMH for payments under the RENTON-HMMH contract, except for MERCER ISLAND'S obligations set forth in Section 6 below. RENTON shall pay HMMH bills under this Section out of such funds as RENTON may have appropriated for this purpose. 6. Cost Sharing. MERCER ISLAND shall pay RENTON one-half(50%) of the costs of HMMH work accepted and approved by the Cities. MERCER ISLAND will pay RENTON within thirty (30) days of receipt of an invoice from RENTON for the same. MERCER ISLAND shall make payments under this Section out of such funds as MERCER ISLAND may have appropriated for this purpose. 7. Ownership of Work Product. The Cities shall jointly own work products produced by HMMH or other experts retained pursuant to this Agreement, and each City shall be entitled to receive a copy of all written work products, including but not limited to noise contour graphics and simulations, or other data collection, model run results, drafts and final written analyses/reports. Now 2 8. HMMH and its officers, employees, and agents are independent contractors and shall not be considered to be the employees of either RENTON or MERCER Nvid ISLAND. The Cities shall be neither liable nor obligated to pay HMMH or its officers, employees or agents any vacation pay, sick leave, any other benefit of employment or social security or other tax which may arise as an incident of employment. 9. General Provisions. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. This Agreement shall be binding upon and inure to this benefit of the Parties' successors in interest,heirs and assigns. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of any attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. EXECUTED on the day and year set forth below. Date: Kathy Keolker, Mayor -Igoe City of Renton Approved as to form: Date: Larry Warren Renton City Attorney Date: Bryan Cairns, Mayor City of Mercer Island Approved as to form: Date: Bob C. Sterbank Mercer Island City Attorney NIS 3 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN THE CITIES OF RENTON AND MERCER ISLAND REGARDING AN AVIATION NOISE STUDY. WHEREAS, RCW 39.34, the Interlocal Cooperation Act, permits any public agency to enter into an agreement with another public agency, to exercise any of their powers jointly or cooperatively, and/or to have one public agency perform any service, activity, or undertaking which each agency is authorized by law to perform; and WHEREAS, the City of Renton is preparing an Airport Layout Plan update to its 1997 Airport Master Plan; and 'tow' WHEREAS, among the alternatives considered in the draft update are scenarios that would modify the take-off and landing approaches to the airport, and change the mix and numbers of aircraft types likely to use Renton Airport which might impact Renton and Mercer Island residents; and WHEREAS, Renton and Mercer Island residents requested more information, including a more in-depth study of the potential noise impacts of the Airport Layout Plan alternatives; and WHEREAS, in order to facilitate evaluation of the noise impacts of proposed Airport Layout Plan alternatives, Renton and Mercer Island jointly adopted a Memorandum of Understanding ("MOU") by Council actions of April 9, 2007 (Renton) and April 16, 2007 (Mercer Island); and WHEREAS, some of the specific actions identified in the MOU call for Renton and Mercer Island to jointly develop a scope of work for a contracted consultant to study the potential noise impacts of Airport Layout Plan update alternatives, and to equitably share the costs of the same; and WHEREAS, Renton and Mercer Island wish to enter into an agreement to delineate the scope of work for a contract for an aviation noise study, with the costs to be borne equally by each City, 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 Agreement between the Cities of Renton and Mercer Island regarding an Aviation Noise Study. 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.1291:08/06/07:ch CITY OF RENTON COUNCIL AGENDA BILL 146.1 IAra: 6:2 ' Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Transportation Systems Division August 13, 2007 Staff Contact Peter Hahn, Acting Administrator Agenda Status Ext. 7242 Consent X Subject: Public Hearing.. Consultant Contract with Harris, Miller,Miller and Correspondence.. Hanson for an Airport Noise Study Ordinance Resolution Old Business Exhibits: New Business X Issue Paper Study Sessions Consultant Contract Information Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept X Fiscal Impact (422.012037 Airport Layout Plan) Expenditure Required... $131,050 Transfer/Amendment $149,000 Amount Budgeted.. 199,000 (2007) Revenue Generated $ 65,525 Amount Needed 81,050 (2008) City Share Total Project. SUMMARY OF ACTION: In 2007 the City of Renton and the City of Mercer Island approved a Memorandum of Understanding (MOU),which among other provisions, agreed to pursue a noise study for the Renton Airport. In June, the two cities selected a noise consultant and proceeded to develop an interlocal agreement for the purposes of equally sharing in the cost of the noise study. The noise study contract has been presented at two briefings to the Transportation(Aviation) Committee on July 18 and on August 1. A draft interlocal agreement was presented at a briefing on August 1. The consultant contract has two phases. Phase I is the September 2007 meeting of the consultant with the two cities' citizens to gather input for the actual study. This phase has a cost of$31,050. Phase II would depend on the input provided in September and is estimated to be at about $100,000. Under an Interlocal agreement with the City of Mercer Island, 50%of the costs of both Phase I and Phase II will be reimbursed by Mercer Island. STAFF RECOMMENDATION: Approve a transfer of funds from the Airport 608 Hangar Expansion project and the Airport 622 Hangar Rehabilitation project, in the amount of$149,000, to the Airport Layout Plan project for the noise study k project, and approve the consultant contract with Harris, Miller, Miller and Hanson in the amount of fir' $131,050 to complete an Airport Noise Study for the City of Renton. H:Trans/admin/agenda2007/airport Noise Study Agenda Bill August 2007_Updated ti`cV 0 PLANNINGBUILDING/ e , PUBLIC WORKS DEPARTMENT • NewM E M O R A N D U M DATE: August 13, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: ‘N—Kathy Keolker, Mayor FROM: Peter Hahn, Acting Administrator SUBJECT: Consultant Contract with Harris,Miller,Miller and Hanson for an Airport Noise Study ISSUE: Should Council approve the consultant agreement with Harris, Miller, Miller and Hanson to complete an Airport Noise Study? RECOMMENDATION: Approve a transfer of funds from the Airport 608 Hangar Expansion project and the Airport 622 Hangar Rehabilitation project, in the amount of$149,000, to the Airport Layout Plan project, for Norse the noise study project, and approve the consultant contract with Harris, Miller, Miller and Hanson in the amount of$131,050 to complete an Airport Noise Study for the City of Renton. BACKGROUND: In 2007 the City of Renton and the City of Mercer Island approved a Memorandum of Understanding(MOU), which among other provisions, agreed to pursue a noise study for the Renton Airport. In June, the two cities selected a noise consultant and proceeded to develop an interlocal agreement for the purposes of equally sharing in the cost of the noise study. The noise study contract has been presented at two briefings to the Transportation (Aviation) Committee on July 18 and August 1. A draft interlocal agreement was presented at a briefing on August 1. The consultant contract has two phases. Phase I is the September 2007 meeting of the consultant with the two cities' citizens to gather input for the actual study. This phase has a cost of$31,050. Phase II would depend on the input provided in September and is estimated to be at about$100,000. A transfer from the Airport 608 Hangar Expansion project in the amount of$50,000, and the Airport 622 Hangar Rehabilitation project in the amount of$99,000, to the Airport Layout Plan project, for a total transfer amount of $149,000, is required to cover the cost of the noise study project. cc: Gregg Zimmerman,Administrator Ryan Zulauf,Airport Manager err Susan Campbell-Hehr/Carolyn Curry,Airport Secretaries File H:Trans/Admin/agenda bill 2007/Airport Noise Study issue paper August 2007_Updated AGREEMENT BETWEEN HARRIS MILLER MILLER&HANSON INC. And The City of Renton,WA for SERVICES IN CONNECTION WITH a Noise Study for Renton Municipal Airport This Agreement(including all exhibits and attachments hereto,this"Agreement")is made effective as of between the Cities of Renton,WA, and Mercer Island, WA (together,the"Clients"), acting through the City of Renton,whose business address is 1055 S. Grady Way, Renton, WA 98057,and Harris Miller Miller&Hanson Inc. ("HIVIlVIH"), located at 77 South Bedford Street, Burlington,MA 01803,to perform services as follows: Item 1. Purpose of Agreement Harris Miller Miller&Hanson Inc. has been selected through a competitive process by the Client for performance of a noise study at Renton Municipal Airport,WA(the"Project"). The purpose of this Agreement is to state the terms and conditions under which HMMH shall render services to the Client for the Project. HMMH's compensation for such services shall be as described below and in Exhibit B of this Agreement. Any Client-specific Additional terms are attached hereto as Exhibit C. Item 2. Services HMHH shall perform the services described in the scope of work attached hereto as Exhibit"A", ("Services"), in a manner consistent with the accepted practices for other similar services,performed to the Clients' satisfaction,within the time period prescribed by the Clients and pursuant to the direction of the Renton City Administrator or his designee. Item 3. Term of Agreement and Time for Performance This Agreement shall be effective beginning on the date specified above through January 31, 2008, ("Term")unless 1)extended or terminated earlier by the Clients. This Agreement may be terminated immediately by the Clients with or without cause. The Consultant may terminate this Agreement for cause upon thirty days written notice to the Clients. In the event of termination, all finished or unfinished documents,reports, or other material or work of HMMH pursuant to this Agreement shall be submitted to the Clients,and Consultant shall be entitled to just and equitable compensation at the rate set forth in Paragraph II for any satisfactory work completed prior to the date of termination. For the purposes of this section "for cause"shall mean the failure of the Clients to perform any material obligation of this Agreement,provided that HMMH has given the Clients written notice of nonperformance and five business days to cure the claimed nonperformance. Item 4. Price and Method of Payment In consideration of the services to be provided by HMMH under the terms of this Agreement,the City of Renton shall pay HMMII on a time and materials basis a not-to-exceed amount of$131,050 for work authorized hereunder. The not-to-exceed amount shall cover all costs and time expended, inclusive of all overhead, fringe benefits costs, out of pocket expenses, and profit, for the work described in Exhibit A. Renton Airport Noise Study August 13, 2007 Page 1 Now Invoices shall be rendered monthly to the City of Renton at the address specified above. Each invoice shall identify the hours worked and an itemization of expenses and shall be accompanied by a brief progress report indicating the work performed during the period covered by the invoice. Invoices are payable in U.S. dollars by the City of Renton within 30 days of receipt. MIME reserves the right to assess a late charge on unpaid balances equal to 12%per annum(or 1%per month). If the Services do not meet the requirements of the Agreement,IIMMH will correct or modify the work to comply with the Agreement. Renton may withhold payment for such Services until the work meets the requirements of the Agreement. Time spent in travel during normal business hours will be charged as consulting time.HMMH will charge a premium for courtroom appearances and for time spent giving depositions or expert testimony, or providing similar litigation support services. Other services and expenses provided or incurred by HMMH, including but not limited to computer time, instrument usage, and illustration, shall be provided at HMIVII-'s standard rates for such services according to the attached table. Item 5. Laws& Licenses HMMH shall comply with the provisions of all applicable federal, state and local laws, statutes, ordinances and regulations that are relevant to the performance of this Agreement. Item 6. Liability Nifty Acceptance by the Client of any service, work product or other deliverable performed or provided hereunder by HMMH shall not constitute nor be deemed a release of the responsibility and liability of HMMH for the accuracy and competency of such service,work product or deliverable,nor shall acceptance or approval by the Client of any service,work product or other deliverable performed or provided hereunder by HIvIIVII-I be deemed to be the assumption of such responsibility by the Client for any defect or error in such service, work product or deliverable. HMMH agrees to indemnify and hold harmless the Client,their respective officers, employees, and agents, against any claim, loss, damage, liability or costs(including costs of suit and reasonable legal expenses) resulting directly from HMMH's work performed under this Agreement and due to the willful or negligent acts or omissions by I IlVIlVIH's officers, employees, or agents. The acceptance of services rendered, including payment by the Client, shall not operate as a waiver or release of this indemnification. Item 7. Independent Contractor/M/W/OBE Status HMMH warrants and agrees that it is an independent contractor serving only in a consulting and professional capacity and not as an agent or employee of the Client. HIVIMH is not a DBE, WBE or other similarly designated entity. HMMH is and shall be at all times during the term of this Agreement an independent contractor and the Clients shall be neither liable nor obligated to pay HMMH sick leave, vacation pay, or any other benefit of employment nor to pay any social security or other tax which may arise as an incident of employment. HMMH shall pay all income and other taxes on payments to it hereunder as due. Now Renton Airport Noise Study August 13, 2007 Page 2 Item 8. Insurance HMMH shall carry insurance of the types and in the amounts specified below. • General Liability, including contractual liability coverage and property damage coverage,with limits of at least$1 million per occurrence, $2 million aggregate. The Clients shall be named as additional insureds with respect to Subcontractor's performance under this Agreement. This language shall appear in the description of operations portion of the Subcontractor's certificate of insurance. • • Workers Compensation and Employers Liability coverage in accordance with statutory requirements. • Automobile Liability covering owned, non-owned, and hired vehicles as applicable, $1 million limit per occurrence,with Clients named as additional insureds. HMJvIH owns no vehicles; therefore coverage is for non-owned and hired vehicles only. • Professional Liability/Errors and Omissions coverage of$1 million, including contractual liability coverage. HMMH shall provide Client with a certificate as evidence of the above coverage,with Client as the certificate holder and named as an additional insured as required above. Current certificates shall be provided to Client at all times during the term of this Agreement and shall be a condition of payment hereunder. HMMH hereby agrees that, as an independent contractor, HMMH shall have no rights of coverage under any such policies held by the Client. Item 9. Controlling Law This Agreement is to be governed by the laws of the State of Washington without regard to its conflict of laws provisions. Venue shall be in King County Superior Court. Item 10. Legal Construction In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be considered otherwise enforceable. This Agreement, including all exhibits, shall form the entire agreement between the parties hereto and may not be amended except by a written change signed by both parties. Item 11. Assignability The parties agree that the expertise and experience of MIME are material considerations for this Agreement, and HMMH shall not assign or transfer any interest in this Agreement nor any of its obligations of performance hereunder,without the prior written consent of the Clients. Item 12. Rights in Data and Deliverables HMMH shall retain title to and copyright of the products of its work under this Agreement,but grants to Client a royalty-free,nonexclusive,nontransferable, irrevocable license(i)to make and use each invention or improvement thereto,which is or may be patentable or copyrightable under U.S. law and is conceived or first reduced to practice by HMMH in the performance of services hereunder and (ii)to use,duplicate, disseminate, publish,disclose,or otherwise dispose of all work products, including recorded information Renton Airport Noise Study August 13, 2007 Page 3 (such as graphs or data tables)delivered to Client in the performance of services hereunder. Any reuse by Now, Client of such data or information shall be at Client's sole risk and expense; provided, however,that Clients assume no obligations or liability for use or reuse of any invention, improvement, work products and/or data by third parties and/or any member of the public. Item 13. Records I-ININIH shall maintain records in accordance with generally accepted accounting principles and in such detail as necessary to demonstrate that all costs for which it claims payment under this Agreement are reasonable, allocable and allowable according to GAAP and permissible in accordance with the terms of this Agreement. HMMH agrees to keep all such records for a period of three years following the date final payment is made to HMMH for services under this Agreement. Item 14. Confidentiality Each party may acquire from the other information of a competitively sensitive or proprietary nature. Any such competitively sensitive or proprietary software or process first produced by HMMH and used in performing its obligations under this Agreement are"Confidential Information". Information proprietary to the Client shall be identified on a separate attachment to this Agreement, or identified below as"none." Each party hereto agrees to hold Confidential Information in confidence and not to use and/or disclose Confidential Information other than for the purpose of performing services under this Agreement, except as may be required by law. The restrictions of this Article 14 will not apply to information generally available to the'public. Client Confidential Information is identified as per Attachment 1 none Item 15. Publicity and Communications No news release, public announcement, or advertising material in any medium shall be issued by HMIVII3 regarding this Agreement,the work to be performed hereunder, or the relationship among the parties,unless the Client has given its prior written consent to such publicity. All written communications under this Agreement shall be in the English language. Item 16. Entire Agreement This Agreement sets forth the entire agreement between the parties and supersedes any oral or other understanding between them with respect to this project. This Agreement is comprised of the Agreement and its Exhibits and Attachments. Renton Airport Noise Study August 13, 2007 Page 4 Item 17. Agreement Approval Signatures CITY OF RENTON,WA HARRIS MILLER MILLER&HANSON INC. By: By: Name&Title: Kathy Keolker, Mayor Name&Title: Date: Date: Taxpayer ID: 04-2737079 441100 Renton Airport Noise Study August 13, 2007 Page 5 EXHIBIT 'A' Scope of Services Background The City of Renton and City of Mercer Island have selected Harris Miller Miller&Hanson Inc.to conduct a noise study for Renton Municipal Airport("the Airport"). The goal of the study is to evaluate the noise effects of potential future operational scenarios for the Airport,using both traditional noise metrics(i.e., Day-Night Average Sound Level)and other supplemental metrics, as determined through discussion with representatives from the City of Renton and the City of Mercer Island(together,"the Clients"). This study will be conducted in phases: Phase I will be Project Definition, and Phase II will be the Noise Technical Study. Each of these is described below. HHMMH will be responsible for the following tasks: PHASE 1: PROJECT DEFINITION HMMIH will prepare for several meetings and presentations, as described below: Date Time Subject Description/Goal Sep. 25,2006 City of Mercer Island Public Meeting Provide an overview of the Study to the Community, followed by Open Discussion. Solicit input from the Community on project scope. Sep.26,2006 5—6 pm Renton Airport Advisory Committee Brief RAAC on the project,including Meeting(RAAC)and Council upcoming meetings and technical Transportation/Aviation Committee approach Sep.26,2006 7—9 pm City of Renton Public Meeting Provide an overview of the Study to the Community,followed by Open Discussion. Solicit input from the Community on project scope. Task 1. Prepare for meetings HMMH will prepare presentation materials(i.e., Powerpoint slides)for each of these meetings, and will provide them to the Study Team electronically(for proposes of cost-efficiency, we have assumed that the Client will print any paper copies of the presentation materials). The agenda for both public meetings will be similar,though tailored to each City's individual needs, and to include: • Overview of airport noise terminology • Overview of Renton Airport Operations • Potential development alternatives that will be evaluated • Possible supplemental noise analysis Task 2. Attend meetings Ms. Eagan and Mr. Miller will travel to Seattle to attend the meetings described above. The budget assumes they will arrive mid-day on Tuesday, September 25, and depart the morning of Thursday, September 27. Now Renton Airport Noise Study August 13, 2007 Page A-1 PHASE 2: NOISE STUDY Task 1. Review INM contours/data collection The City of Renton will provide HMIvIH with noise model input data from previous noise contour development efforts(i.e.,from the Master Plan Study). HMMH will review the contours for reasonableness and identify data needs to update the contours. HMMH will obtain the required operational data from the Airport,reflecting current operational conditions. Task 2. Evaluate alternative procedures HMN H will prepare noise analyses to evaluate up to three alternatives, including: • Alternative approach procedure: "Step-down"RNAV/GPS approach procedure,which would raise altitudes over Mercer Island • Alternative approach procedure: "Curved Approach", the proposed RNP approach,which would direct aircraft over the east channel of Lake Washington • VLJ Base: A shift in focus to new-technology aircraft,very light jets HMMH will use noise metrics available in the Integrated Noise Model, and as defined during Phase I of this study. Task 3. Prepare Draft report HMMH will prepare a draft report summarizing the findings of the noise study. The report will include discussion of the noise model inputs and comparison of the alternatives. Task 4. Conduct Interim Briefing(staff) HMMH will meet with the Client to review draft findings and the draft report. The meeting will take place in November 2007. Task 5. Prepare Final report HMMH will prepare a final report that incorporates feedback from the review with the Clients. Task 6. Conduct Final Briefings(staff and public) HMMH will meet with the Clients,and will brief other parties identified by the Clients(e.g., Renton Airport Advisory Committee,Renton City Council, Mercer Island City Council),and will conduct public meetings in Renton and Mercer Island to present findings. Ms. Eagan will travel to Seattle for a two-day meeting. ,4101 Renton Airport Noise Study August 13, 2007 Page A-2 Project Schedule w The project shall be completed by December 31, 2007,with community meetings scheduled in September and December. The figure below sets forth schedule milestones. �:4, Oise Study .. . Proposed Schedule • AUGUST SEPTEMBER OCTOBER {NOVEMBER DECEMBER JANUARY Phase 1 Ptvjestftl�rt ,eetings with City of Renton City of Mercer Island • Data sotlecd Evaluate alternativeS?"" Draft Report • 'Meetings with City of Renton,Mercer Island Nr' Final Report • - Ffnal Public Meetings I ' w Renton Airport Noise Study August 13, 2007 Page A-3 ter► Exhibit 'B' Billing Roster, Rates and Budget HARRIS MILLER MILLER&HANSON INC. Standard Billing Rates By Labor Category T&M Rate Labor Category(continued) T&M Rate Supervisory Consultant 255.00 Principal Consultant/Engineer I 225.00 Sr.Project Support 180.00 Principal Consultant/Engineer II 200.00 Project Support I 95.00 Senior Consultant/Scientist I 175.00 Senior Consultant/Scientist II 150.00 Project Support II 90.00 Senior Consultant/Scientist III 130.00 ProgrammerlSoftware Support 175.00 Consultant I 120.00 Senior Programmer/Software Support 225.00 Consultant II 110.00 Consultant III 100.00 rates are by category;individuals promoted to new categories will be billed at their new category rate. Renton Airport Noise Study August 13, 2007 Page B-1 Proposed Project Budget Nrr The project shall be billed on a time-and-materials basis. The enclosed table summarizes labor and other direct cost expenses. We estimate Phase I budget at$25,000,Phase II budget at$100,770, and have included $2,220 for Project Management. HIVIMH will not exceed the estimate of$131,050 without the Clients' prior written consent. PERSONNEL CLASSIFICATION--HOURS Sup. Sen. Proj. Direct Price Cons. Cons. II Cons. III Support II Costs Project Management $5,280 Prepare monthly progress reports 20 2 Phase 1: Project Definition $25,000 Prepare presentations 16 24 Attend meetings/debrief 80 Direct costs:two trips 2 $2,500 Phase 2: Noise Study _ $100,770 Review INM contours/data collection 8 24 40 Evaluate alternative procedures 40 80 120 0 Draft report 16 40 40 2 Interim Briefing(staff) 32 8 8 2 Final report 8 8 16 4 Final Briefings(staff and public) 80 8 16 2 Direct costs:three trips $3,750 Now TOTAL HOURS 288 168 264 14 TOTAL PROJECT COST $131,050 'fir' Renton Airport Noise Study August 13, 2007 Page B-2 Exhibit 'C' Client Special Provisions rr.r+i Renton Airport Noise Study August 13, 2007 Page C-1 Attachment 1 Client Confidential Information [fill in as applicable, or delete] Renton Airport Noise Study August 13, 2007 Page D-I CITY OF RENTON COUNCIL AGENDA BILL t AI#: ,j , Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board Utility Systems/Water Utility August 13, 2007 Staff Contact Abdoul Gafour, x7210 Agenda Status Consent X Subject: Public Hearing.. Utility Construction Agreement with WSDOT for the Correspondence.. Construction of the Relocation of the Water Line at Ordinance Benson Road South and I-405 Resolution X Old Business Exhibits: New Business X Issue Paper Study Sessions Utility Construction Agreement Information Draft Resolution Recommended Action: Approvals: Refer to Utilities Committee Legal Dept X Finance Dept Other Fiscal Impact: Expenditure Required $580,000.00(Estimated City's Transfer/Amendment $0 Share) Amount Budgeted $500,000.00 (2007 budget) Revenue Generated $0 Total Project Budget $500,000.00 City's Share of Project $580,000.00 Account No. WSDOT's Share of Project $580,000.00 425.00500.018.5960.0034.65.0555590 SUMMARY OF ACTION: The Water Utility requests approval of the Utility Construction Agreement with the Washington State Department of Transportation(WSDOT)to fund the construction contract for the relocation of the City's 16-inch water line located in Benson Road South. The relocation of the water line is needed to accommodate WSDOT's replacement of the existing I-405/Benson Road overpass as part of the I-405, I-5 to SR-169 Stage 2 project. This Utility Construction Agreement establishes that the City and WSDOT have agreed to a 50/50 cost sharing for the construction of the new waterline. The City's estimated cost for the construction of the water line, including construction administration and contingencies, is $1,160,000. The City and WSDOT will share 50%of the estimated total contract cost, or$580,000 each. STAFF RECOMMENDATION: Approve the Utility Construction Agreement and adopt the resolution authorizing the Mayor and City Clerk to execute this agreement with WSDOT. H:\File Sys\WTR-Drinking Water Utility\WTR-27-Water Project Files\WTR-27-3344-Benson Rd&1-405 Water Line Relocation\UT-XXXX-Utility Construction Agreement w WSDOT\Agenda Bill-UT Const Agrmt-0806307.doc\AGtp �� Y`s0 PLANNING/BUILDING/ Itiow .4 €ED ♦ PUBLIC WORKS DEPARTMENT • rro� MEMORANDUM DATE: August 6, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: JC, Kathy Keolker, Mayor FROM: Gregg Zimmerman, Administrator STAFF CONTACT: Abdoul Gafour, Water Utility Supervisor(ext. 7210) SUBJECT: Utility Construction Agreement with WSDOT for the Construction of the Relocation of the Water Line at Benson Road South and I-405 ISSUE: Should Council approve the Utility Construction Agreement with the Washington State Department of Transportation (WSDOT)to fund the construction contract for the relocation of the City's 16-inch water line located in Benson Road South to accommodate WSDOT's replacement of the existing 1-405 /Benson Road overpass? RECOMMENDATION: Approve the Utility Construction Agreement with WSDOT and adopt the resolution authorizing the Mayor and City Clerk to execute this agreement with WSDOT. BACKGROUND: The I-405, 1-5 to SR-169 Stage 2—Widening project will build an additional lane on I-405 in each direction between SR-167 and SR-169, including the construction of a half interchange at Talbot Road and a complete replacement of the Benson Road overpass. This I-405 Stage 2 project is scheduled to begin construction in 2009. Before the construction of the I-405 Stage 2 project, the existing 16-inch diameter water main under the old Benson Road must be relocated to accommodate the realignment of the I-405 overpass. The City and WSDOT have completed the design for the water line relocation and the City has advertised the project for public bids. The new water main will be installed within the south parking lot of Sam's Club, extending onto SR-515 (Talbot Road South), crossing under I- 405, and will connect to an existing water line(see attached map). The City has obtained a utility easement from Sam's Club to construct the new line within its parking lot. Council/Utility Construction WSDOT August 6,2007 Page 2 of 2 Nod The City's estimated cost for the construction of the water line, including construction administration and contingencies, is $1,160,000. The City and WSDOT will share 50% of the estimated total contract cost, or$580,000 each. The Water Utility has budgeted sufficient funding for the City's share of the construction contract for this project under the 2007 Capital Improvement Program budget for I-405 Utilities Redevelopment(account no. 425.000500.018.5960.0034.65.055590). CONCLUSION: In an effort to meet WSDOT's schedule to replace the I-405 / Benson Road overpass in conjunction with the I-405, I-5 to SR-169 Stage 2, the City and WSDOT need to proceed with the construction of the relocation of the water line in Benson Road South. Council's approval of the Utility Construction Agreement with WSDOT will allow the City to recuperate 50% of the cost associated with the construction of the project. Attachment cc: Peter Hahn,PBPW Deputy Administrator-Transportation Lys Hornsby,Utility Systems Director Keith Woolley,Transportation Planning and Programming Connie Brundage,Transportation Administrative Secretary H:\File Sys\WTR-Drinking Water Utility\WTR-27-Water Project Files\WTR-27-3344-Benson Rd&1-405 Water Line Relocation\UT-XXXX- Utility Construction Agreement w WSDOT\Issue Paper-UT-Const-Agrmt-080307-ag.doc\AGtp « �1' ,'-,L'1-c. [•II6..W Pfr C Fi % R J IG iii - '. ', FnscvLul / / �, ; �, _—_ _�I ` :F. ill,;, CvISTINT, IM - 11 t. 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Mak D NQ { V71.1 Washington State VI/ Department of Transportation Organization and Address Utility Construction City of Renton Agreement Utility Systems Division 1055 S. Grady Way Work by Utility-Actual Cost Renton, WA 98057 Agreement Number Section I Location State Route Number Control Section Number T. 23 N. ROSE. W.M. Section 19 515 174101 City of Renton SR 515 at I-405 overcrossing Region Northwest Region THIS AGREEMENT, made and entered into this - day of _ - _, ,between the STATE OF WASHINGTON, Department of Transportation, acting by and through the Secretary of Transportation,by virtue of Title 47 RCW, (hereinafter the"STATE")and the above named organization,(hereinafter the"UTILITY"). WHEREAS,the STATE is planning the construction or improvement of the state route shown above,and in connection therewith it is necessary to remove and/or relocate or construct certain UTILITY facilities as set forth in the attached plans, and WHEREAS, it is deemed to be in the best public interest for the UTILITY, as owners of said facilities,to perform the work of removing, adjusting,and/or relocating the facilities,and WHEREAS,the UTILITY has a compensable interest in its facilities and right-of-way by virtue of being located on easements or UTILITY owned right-of-way,and the STATE is obligated to reimburse the UTILITY for the relocation of these facilities, and the UTILITY is obligated for the cost of any relocation required for facilities not on easements or UTILITY owned right-of-way. NOW THEREFORE, in consideration of the terms,conditions,covenants, and performances contained herein, or attached and q incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: An itemized estimate of cost for work to be performed by the GENERAL UTILITY at the STATE's expense marked Exhibit"B"is attached hereto and by this reference made a part of this AGREEMENT. Federal-aid Policy Guide-23 CFR 645A, Subpart A and amendments thereto, determine and establish the definitions and applicable standards for this AGREEMENT and payment Partial payments may be made upon request of the UTILITY to hereunder, and by this reference are incorporated hereby and cover costs incurred, and are not to be more frequent than one made a part of this AGREEMENT for all intents and purposes as (1)per month. It is agreed that payment of any partial claim will if fully set forth herein. not constitute agreement as to the appropriateness of any item and that at the time of final audit, all required adjustments will be The UTILITY shall furnish the labor, materials, equipment, and made and reflected in a final payment. In the event that such final tools required for and do the work in removing and/or relocating audit reveals an overpayment to the UTILITY,the UTILITY the UTILITY facilities, in accordance with and described in the agrees to refund such overpayment to the STATE. specifications marked Exhibit"A"and plans marked Exhibit"C" attached hereto, and by this reference made a part of this AGREEMENT. During the progress of the construction and for a period not less than three(3)years from the date of final payment to the II UTILITY,the records and accounts pertaining to the construction PAYMENT of the project and accounting therefore are to be kept available for inspection and audit by the STATE and/or Federal The STATE, in consideration of the faithful performance of the Government and copies of all records, accounts, documents,or work to be done by the UTILITY, agrees to pay the UTILITY other data pertaining to the project will be furnished upon actual direct and related indirect costs accumulated in request.If any litigation, claim, or audit is commenced,the accordance with a work order accounting procedure as records and accounts along with supporting documentation shall prescribed and approved by the Agency shown in Exhibit"A" be retained until all litigation, claim, or audit finding has been under accounting system. resolved even though such litigation, claim, or audit continues past the 3-year retention period. DOT Form 224-053 EF Revised 10/96 The UTILITY shall submit a final billing to the STATE within 90 VI calendar days following completion of the work involved. INSPECTION AND ACCEPTANCE Nov III All of the UTILITY's construction operations,as provided under AUTHORITY TO BEGIN WORK this AGREEMENT,shall be subject to inspection by the STATE. AND SCHEDULE OF WORK The UTILITY agrees not to commence work until receipt of notice to begin work in writing by the STATE, and that reimbursement Final acceptance of work shall be by payment of the final and will be limited to those costs incurred subsequent to the date of complete itemized billing certifying that all the work has been such notification. done and upon recommendation of the Regional Administrator of the Department of Transportation. The UTILITY agrees to schedule the work herein referred to and perform said work in such manner as not to delay or interfere Nothing in either inspection or acceptance shall reduce the with the STATE's contractor in the performance of the contract. UTILITY's responsibility for the work. VII IV SALVAGE EXTRA WORK All material removed by the UTILITY shall be reclaimed or disposed of by the UTILITY and shall be credited to the STATE In the event unforeseen conditions require an increase in the cost in accordance with Federal-aid Policy Guide-23 CFR 645A, of 25 percent or more from that agreed to on Exhibit"B",this Subpart A.The UTILITY shall furnish written notice to the AGREEMENT will be modified by supplement AGREEMENT STATE for the time and place the materials will be available for covering said increase. inspection. If salvage credit is anticipated on the project,an estimate of the salvage credit will be included in the estimate of In the event it is determined that any change from the statement cost. of work contained in this AGREEMENT is required, approval must be secured from the STATE prior to the beginning of such VIII work.Where the change is substantial,written approval must be DISCONNECT AND REMOVAL secured. When it is determined to be in the interest of the STATE to have Reimbursement for increased work and/or a substantial change the UTILITY's facilities removed by the STATE's contractor,the in the statement of work shall be limited to costs allowed by a UTILITY will disconnect the facilities shown on Exhibit"C"to be written modification,change order, or extra work order approved removed by the STATE's contractor at STATE expense. Upon by the STATE. disconnection the STATE shall assume full responsibility for and disposition of the above mentioned facilities. It is agreed that the V material to be removed by the STATE's contractor shall have no WORK BY CONTRACT salvage value to the UTILITY. It is acknowledged that the UTILITY may not be adequately staffed or equipped to perform all the work required hereby, and IX that all or part of the same may be done by a contract let by the BETTERMENTS UTILITY.The UTILITY agrees that it shall not advertise or solicit bids for contract work until authorized to do so in writing by the If adjustment of the UTILITY's facilities does constitute a STATE. It is further agreed that the UTILITY must receive written betterment as defined in Federal-aid Policy Guide-23 CFR approval of the bid and contractor from the STATE prior to 645A, Subpart A,the betterment credit will be included in the awarding the contract. estimate of cost. If a valid and continuing contract exists between the UTILITY and X a contractor, and the UTILITY desires to have the work required ACCRUED DEPRECIATION by this AGREEMENT performed under the subject contract,the If adjustment of the UTILITY's facilities does involve a credit due UTILITY shall provide the STATE with a copy of the contract for for the accrued depreciation of the facility being replaced,this the STATE to review and approve.The STATE will indicate its value will be included in the estimate of cost. approval by including a statement in Exhibit"A"to this AGREEMENT that the work shall be performed by(name and XI address of contractor)under a continuing contract approved by COMPLIANCE the STATE. The UTILITY agrees to comply with all applicable requirements of the STATE which shall be in accordance with the Utilities Accommodation Policy, Chapter 468-34 WAC,and amendments Nothing in the approval of such contract or agreement by the thereto,and said policy and amendments are hereby STATE will constitute an assignment of the UTILITY's rights incorporated in and made a part of this AGREEMENT for all and/or obligations or otherwise establish direct relations between intents and purposes as if fully set forth herein. Niusitie STATE, UTILITY, and contractor. DOT Form 224-053 EF Revised 10/96 XII XIV RIGHT OF ENTRY LEGAL RELATIONS The UTILITY hereby grants and conveys to the STATE the right The UTILITY shall indemnify and hold the STATE and its agents, of entry upon all land which the UTILITY has interest,within the employees,and/or officers harmless from and shall process and right-of-way of the highway,for the purpose of improving and/or defend at its own expense any and all claims,demands, suits at constructing said highway. law or equity, actions,penalties,losses,damages, or costs,of whatsoever kind or nature, brought against the STATE arising As noted in Exhibit"A"the UTILITY will,after relocation and/or out of, in connection with,or incident to the execution of this adjustment of their facilities,execute and deliver to the STATE a AGREEMENT and/or the UTILITY's performance or failure to quit claim deed removing all UTILITY interests from within the perform any aspect of this AGREEMENT. Provided, however, STATE's right-of-way. that if such claims are caused by or result from the concurrent negligence of(a)the UTILITY and(b)the STATE, its agents, Upon completion of the work outlined herein, all future operation employees, and/or officers,this indemnity provision shall be valid and maintenance of the UTILITY's facilities shall be at the sole and enforceable only to the extent of the negligence of the cost of the UTILITY and without expense to the STATE. UTILITY,and Provided further,that nothing herein shall require the UTILITY to hold harmless or defend the STATE,its agents, employees,and/or officers from any claims arising from the sole XIII negligence of the STATE,its agents,employees,and/or officers. EASEMENT,PERMIT, OR FRANCHISE The STATE will issue the UTILITY an easement, permit,or franchise, as provided in Exhibit"A",for those UTILITY facilities which remain on or cross the STATE's right-of-way following completion of the work outlined herein. IN WITNESS WHEREOF,the parties hereto have executed this AGREEMENT as of the day and year first above written. UTILITY STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION By By Title Title Date DOT Form 224-053 EF Revised 10/96 • ED EA f-J UTILITY CONSTRUCTION AGREEMENT UT XXXXX WORK BY UTILITY -ACTUAL COST EXHIBIT "A" SPECIFICATIONS & SPECIAL CONSIDERATIONS This AGREEMENT provides for the UTILITY to relocate and replace approximately 1450 linear feet of existing 16-inch water main located in Benson Road South between South Grady Way and 1-405 in order to allow reconstruction of 1-405 and construction of a new interchange at SR 515. The existing water main is currently located on STATE highway right of way, City of Renton street right of way, and a UTILITY owned easement on private property. The water main will be relocated by(1)constructing a new connection from Benson Road South to an existing 12-inch looped main on private property north of 1-405 and (2)constructing approximately 2000 feet of new 16-inch water main that will be located in the northbound lanes of Talbot Road South (SR 515). The new 16-inch water main along SR 515 will connect the 12-inch looped main on the north side of 1-405 to the existing 16-inch water main on the south side of 1-405 near the new northbound on ramp to the freeway from SR 515. WORK BY THE UTILITY The UTILITY shall furnish the labor, materials, equipment, and tools required to relocate the 16-inch water main as shown on Exhibit"C," City of Renton—Water Line Relocation for realignment of Benson Road and 1-405 Over Pass—City of Renton Project No. WTR-27-334, attached hereto, and by this reference made part of this AGREEMENT. SALVAGE The adjustment and/or construction of the UTILITY's facilities, as required herein, does not include salvage as defined in the Federal Aid Policy Guide-23 CFR 645A, Subpart A, as the cost to dispose of materials equals the value of any recoverable or reusable materials. BETTERMENT The adjustment and/or construction of the UTILITY's facilities, as required herein, does not constitute a betterment as defined in the Federal Aid Policy Guide-23 CFR 645A, Subpart A. ACCRUED DEPRECIATION The adjustment and/or construction of the UTILITY's facilities, as required herein, does not include accrued depreciation as defined in the Federal Aid Policy Guide-23 CFR 645A, Subpart A. ACCOUNTING The STATE, in consideration of the faithful performance of the work to be done by the UTILITY agrees to pay the UTILITY 50 percent of the actual direct and related indirect costs accumulated in accordance with a work order accounting procedure prescribed by the Washington Utilities and Transportation Commission in its uniform system of accounts and Reciprocal Overhead Agreement OH00016 between the STATE and the UTILITY. COST INCREASE REPORTING If the STATE's portion of the estimated cost exceeds 15% of the amount shown in Exhibit"B" as STATE cost, the UTILITY will report the increase to the STATE Project Design Engineer, in writing, immediately with a written explanation for the increase. The STATE Project Design Engineer shall have right to approve payment for these increases and will respond in writing to the UTILITY of their decision. The STATE Project Design Engineer may withhold payment of the additional costs if the UTILITY does not supply adequate explanation or documentation 'fir for the increase or if notification of a covered increase has not been received from the UTILITY. UTILITY CONSTRUCTION AGREEMENT UT XXXXX PAGE A-1 of 2 05-15-07 AIM I. FINANCIAL RESPONSIBILITY The STATE shall be financially responsible and reimburse the UTILITY for 50 percent of the actual direct and related indirect costs of water main relocation and associated work required by the STATE's project as shown on Exhibit"A' and summarized in Exhibit"B." NIS The STATE's financial responsibility is based on the costs associated with those elements of the UTILITY's facilities being relocated that are currently located outside of the STATE right of way, on existing easements or which have other documented or acknowledged UTILITY property rights. RIGHT OF ENTRY The STATE and UTILITY hereby grant a reciprocal and limited right of entry upon all lands in which the STATE and UTILITY have an interest for the sole and specific purpose of performing the 1-405 project and utility relocation work. EASEMENT The UTILITY has acquired a utility easement for those UTILITY facilities being relocated to accommodate the project. Upon completion of the work covered under this AGREEMENT, the UTILITY shall release and quit-claim of record its rights in or to the vacated existing easement to the STATE or property owner of record as appropriate. PERMIT The UTILITY shall obtain a permit from the STATE for relocation work that will be located within the existing 1-405 limited access right of way. Ned UTILITY CONSTRUCTION AGREEMENT UT XXXXX PAGE A-2 of 2 05-15-07 u EXHIBIT "B" Now CITY OF RENTON'S FUNDING COMMITMENT for Construction of Water Line Relocation for Realignment of Benson Road / 1-405 Overpass Cost Description Estimated Cost Category 1. Engineer's Estimate of Contract Cost $ 880,550 2. State Sales Tax (8.9%) $ 78,369 3. Construction Engineering $ 50,000 4. Special Inspection & Testing $ 10,000 5. Total Estimated Cost Of Construction $1 ,018,919 Now 6. Contingency $ 141,081 7 Total $1 ,160,000 8 Funding Commitment TOTAL ESTIMATED CITY COST @ 50.0%: $580,000 TOTAL ESTIMATED STATE COST @ 50.0%: $580,000 Naar H:\File Sys\TRP-Transportation Planning&Programming\TRP-l0-Transportation Planning Projects\WSDOT I- 405\Benson Waterline Project\Exhibit B-Renton-WSDOT-Funding Commitment.doc\080307\AG.doc DRAFT CITY OF RENTON, WASHINGTON 17)ip �� RESOLUTION NO. 44,4 ). A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH WSDOT FOR THE CONSTRUCTION OF THE RELOCATION OF A WATER LINE IN BENSON ROAD, ENTITLED "UTILITY CONSTRUCTION AGREEMENT -WORK BY UTILITY - ACTUAL COST". WHEREAS, RCW 39.34 authorizes cities and counties to enter into interlocal agreements, as necessary, to work together on issues requiring joint action of the parties; and WHEREAS, the Washington State Department of Transportation ("the State") is planning the improvements of I-405 from approximately milepost 2.76 to milepost 3.12, along Benson Road; and WHEREAS, the improvements include the realignment of the I-405 overpass at Benson N' Road and the installation of new storm water detention and treatment facilities within existing City rights of way; and WHEREAS, a City waterline must be relocated in order to construct the improvements; and WHEREAS, the City has completed the design of the waterline relocation and has received approval from the State to advertise the project for public bids; WHEREAS, the City has agreed to manage the contract for the construction of the project; WHEREAS,the City and the State have agreed to share the preliminary construction cost and construction administration cost proportional to their respective property rights; and 1 RESOLUTION NO. 4)44 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, 4'" 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 agreement with the Washington State Department of Transportation entitled "Utility Construction Agreement -Work by Utility-Actual Cost." 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 Draft RES.xxxx: 7 /i&/Ie / X-/em CITY OF RENTON COUNCIL AGENDA BILL AI#: e ® Submitting Data: For Agenda of: Dept/Div/Board.. AJLS/City Clerk August 13, 2007 Staff Contact Bonnie Walton Agenda Status Consent X Subject: Public Hearing.. Bid opening on August 9, 2007, for CAG-07-140, Correspondence.. Water Line Relocation for Realignment of Benson Rd. Ordinance and I-405 Overpass Project Resolution Old Business Exhibits: New Business Staff Recommendation Study Sessions Bid Tabulation Sheet (six bids) Information Recommended Action: Approvals: Legal Dept Refer to Utilities Committee Finance Dept Other Fiscal Impact: Expenditure Required... $869,421.66 Transfer/Amendment ($500,000-City Share $500,000-WSDOT Share) Amount Budgeted $500,000 (2007 Budget) Revenue Generated for City's Share Total Project Budget $500,000 City Share Total Project.. $500,000 SUMMARY OF ACTION: Engineer's Estimate: $958,918.95 In accordance with Council procedure, bids submitted at the subject bid opening met the following three criteria: There was more than one bid, the low bid was within the project budget, and there were no irregularities. Therefore, staff recommends acceptance of the low bid submitted by Ceccanti, Inc. in the amount of$869,421.66. Funding for this project will be provided by the Water Utility and by Washington State Department of Transportation (WSDOT). An interlocal agreement that establishes that the City and WSDOT would agree to a 50/50 cost sharing of construction is being submitted to Council for approval. STAFF RECOMMENDATION: Award the contract to the low bidder, Ceccanti, Inc., in the amount of$869,421.66. PLANNING/BUILDING/ • «� , PUBLIC WORKS DEPARTMENT IP'1, oe. MEMORANDUM DATE: August 10, 2007 TO: Bonnie Walton, City Clerk FROM: fis6 Abdoul Gafour, Water Utility Supervisor (ext. 7210) SUBJECT: Bid Opening for Water Line Relocation for Realignment of Benson Road and I-405 Overpass On August 9, 2007, at 2:30 p.m., the City received six bids for the Water Line Relocation for Realignment of Benson Road and I-405 Overpass project. The City Clerk opened and publicly read all bids at 2:45 p.m. Ceccanti, Inc. of Tacoma, WA, submitted the low bid in the total amount $869,421.66. We have checked all bids for completeness, mathematical correctness, and inclusion of all required forms, and found no irregularities or mathematical errors in the low bid submitted by Ceccanti, Inc. The engineer's estimate for this project is $958,918.95. In accordance with Council procedure, the low bid meets all three conditions for award: 1. The low bid must be within the total project budget. 2. There must be more than one bidder. 3. The lowest responsive, responsible bid contains no significant irregularities. The Water Utility recommends that Council award the contract to Ceccanti, Inc., in the total amount of$869,421.66, at its meeting of August 20, 2007. A draft agenda bill with the budget information is attached for your convenience. Funding for this project will be provided by the Water Utility and by Washington State Department of Transportation (WSDOT). The Water Utility's 2007 budget for the City's share of the project is $500,000.00 (account no. 425.000500.018.5960.0034.65.055590.) A letter of funding commitment for $535,000.00 from WSDOT is attached. An inter-local agreement that establishes that the City and WSDOT would agree to 50/50 cost sharing of construction cost is also being submitted to Council for approval. If you have any questions, please call me. Thank you for your assistance. Attachments cc: Lys Hornsby,Utility Systems Director Keith Woolley,Transportation Planning and Programming Andrew Weygandt,Water Utility Engineer H:\File Sys\WTR-Drinking Water Utility\WTR-27-Water Project Files\WTR-27-3344-Benson Rd&I-405 Water Line Relocation\Construction Contract\memo-to-city-clerk-contract-award.doc\AGtp Funding Sources for Construction of Water Line Relocation for Realignment of Benson Road and I-405 Overpass Description Amount Construction Contract including 8.9% sales tax $ 869,421.66 (from low bid submitted by Ceccanti, Inc. on 8/9/07) Construction Engineering & Administration (estimated) $50,000.00 Special Inspection & Testing (estimated) $10,000.00 Contingencies (estimated) $70,578.34 Total Contract Cost(estimated) $1,000,000.00 TOTAL ESTIMATED CITY'S SHARE A 50.0%: $500,000.00 TOTAL ESTIMATED WSDOT 'S SHARE 50.0%: $500,000.00 h:\file sys\wtr-drinking water utility\wtr-27-water project files\wtr-27-3344-Benson rd&i-405 water line relocation\construction contract\memo-to-city-clerk-contract-award.doc 05- -Corridor P Congestion Relief& Bus Rapid Transit July 23, 2007 Keith Woolley City of Renton 1055 South Grady Way Renton, WA 98055 Re: City of Renton 1-405 %Benson Road Water Line Relocation Authorization to Solicit Bids Dear Mr. Woolley: The Washington State Department of Transportation authorizes the City of Renton to advertise to construct the Benson Road Water Line Relocation Project as requested in your July 19, 2007 letter. WSDOT and the City intend to execute a Utility Construction Agreement following the bid opening for the project. Relocation of the City's water line is necessary in order to construct WSDOT's 1-40511-5 to SR 169 Stage 2— Widening and SR 515 Interchange project. Our approval is based on our review of the contract drawings titled, City of Renton,Waterline Relocation for Realingnnzent of Benson Road and 1-405 Over Pass, City of Renton Project No. WTR-27-3344. WSDOT and the City have agreed to equally share preliminary engineering and construction costs proportional to their respective property rights for the sections of the waterline being replaced. WSDOT's share of the cost is expected to be approximately$535,000 based on a preliminary engineering estimate of S 1.070.000 that includes the contract cost, construction engineering and contingencies. Please do not hesitate to give Doug Murdock a call at(425)456-8503 or contact me at(425) 456-8563,if you need additional information or have questions regarding this document. Sincerely, y Kim Henry. PE ' 1-405 Project Director ST:din fax �`,n.drtmar:8;,:f?r;xn:.p-..`..;t••," Project Title: Water Line Relocation for Realignment o Benson Road and 1-405 Overpass - City of Renton --CerSSfII 1 ' „_ BID DATE:8/9/07 2:30 PDT Engineers Estimate s_ -LiiMiiaid ';; "r ',- Item Description Unit Est. ' Unit Bid Unit Bid No. Qty. Price Amount Price Amount 001 Mobilization&Demobilization Lump Sum 1 1 $65,000.00 $65,000.00 $ 73,000 00 573,000.00 002 Trench Excavation Safety Systems Lump Sum 1 510,000.00 $10,000.00 $ 15,000.00 315,000 00 003 Construction Surveying,Staking,&As-Buitts Lump Sum 1 $7,500.00 $7,500.00 $ 16,000 00 516,000 00 004 Traffic Control Lump Sum 1 $5,000.00 $5,000.00 $40,000.00 $40,000 00 005 Temporary Erosion/Sedimentation Controls Lump Sum 1 $2,500.00 $2,500.00 $ 3,000 00 53,000 00 006 Landscape Restoration Lump Sum 1 $1,000.00 $1,000.00 $ 2,400 00 52,400 00 007 16-Inch DIP,CI.52&Fittings(Push-On,Potywraped) Linear Foot 1,907 5250.00 $476,750.00 $ 138 00 $263,166.00 008 Megalug Restraint Harness for Push-On Pipe(16',w/Megalugs) Each 20 $300.00 $6,000.00 $ 325 00 $6,500.00 009 16-Inch Gate Valve Assembly Each 4 54,000 00 516,000.00 $ 5,000.00 520,000 00 010 12-Inch Gate Valve Assembly Each 5 $3,000.00 $15,000.00 $ 1,500 00 57.500.00 011 Fire Hydrant Assembly Each 3 53,000.00 39,000.00 $ 5,500.00 516,500,00 012 Connection to Existing Water Main-Benson Rd. Lump Sum 1 $10,000.00 $10,000.00 $ 7,200 00 $7,200 00 013 Connection to Existing Water Main-NE Corner Sam's Club Lump Sum 1 $7,000.00 $7,000.00 $ 6,500 00 56 500.00 ' 014 Connection to Existing Water Main-S Comer Sam's Club Lump Sum 1 $7,000 00 $7,000.00 $ 6,500 00 $6,500.00 015 Connection to Existing Water Main-SR 515(Talbot Rd.) Lump Sum 1 $10,000.00 510,000 00 $ 6,500.00 $6,500 00 016 Steel Encasement for Crossing Existing 54'Culvert(SR-515) Lump Sum 1 $12,000.00 $12,000.00 $ 17,100 00 $17,100.00 017 Steel Encasement for Crossing Future 1405 Retaining Wall Lump Sum 1 57,000.00 $7,000.00 $ 14,500 00 514,500 00 018 Select Imported Select Trench Beckfiq Ton 1,520 $25.00 $38,000.00 $ 27 30 $41,496 00 019 Removal&Replacement of Unsuitable Foundation Material Ton 100 $25.00 $2.500.00 $ 11300 511,300.00 020 Crushed Surfacing Top Course&Crushed Rock Backfill Ton 400 530.00 $12,000.00 $ 30 00 512,000 00 021 Reinforced COF Trench Cut-Off Walls Lump Sum 1 $3,000.00 $3,000.00 $ 2,500.00 $2,500 00 i 022 Asphalt Concrete(Temp.&Perm.)for Trench Patching Cl 1/7 PG-7o Ton 800 3125.00 $100,000.00 $ 129 60 $103,680 00 I 023 2'Deep Asphalt Overlay Class 1/2^PG-70 Ton 200 $130 00 $26,000.00 $ 106 00 $21,200.00 024 Concrete for Thrust Blocks&Dead-man Anchor Blocks Cubic Yd. 25 3200.00 $5,000.00 $ 112 00 52,800.00 025 Replace Pavement Markings and Traffic Buttons Lump Sum 1 $3,000.00 $3,000.00 $ 12,000.00 $12,000.00 026 Removal&Replacement of Concrete Sidewalk Sq.Yard 40 570.00 $2,800.00 $ 124 00 $4,980.00 027 Removal&Replacement of Concrete Curb&Gutter Linear Foot 50 $30.00 $1,500.00 $ 62 00 $3,100.00 028 Traffic Loops Sensor Replacement Lump Sum 1 $5,000 00 $5,000.00 $ 16,200.00 $16,200.00 029 Culvert Repair Contingency - Lump Sum 1 $8,000.00 $8,000.00 $44,000.00 $44,000.00 030 SR 515 Stormwater Improvements Lump Sum 1 $7,000.00 $7,000.00 $ 1,765.00 51,765 00 Subtotal $880,550.00 Subtotal $798,367.00 Tax 378,368 95 Tax $71,054.66 Total $958,918.95 Total $869,421 66 8/9/2007 ri.rrri.rr.► CITY OF RENTON BID TABULATION SHEET PROJECT: Water Line Relocation for Realignment of Benson Rd. and I-405 Overpass; CAG-07-140 DATE: August 9, 2007 FORMS BID BIDDER Bid Combined Proposal/ Reg. (includes 8.9%sales tax) Bond Triple Form No. Ceccanti X X X $869,421.67 4116 Brookdale Rd. E. $869,421.66 * Tacoma, WA 98446 Donna Motland D.D.J. Construction Co., Inc. X X X $888,030.50 PO Box 130 Ravensdale, WA 98051 David Durnford Gary Merlino Construction Co.,Inc. X X X $917,728.61 9125 10th Ave. S. Seattle, WA 98108 Charlie Oliver Johansen Excavating, Inc. X X X $1,036,210.73 PO Box 674 Buckley, WA 98321 Jacob Cimmer Kar-Vel Construction X X X $1,035,484.37 PO Box 58275 $1,035,484.36 * Renton, WA 98058 Mike Waldner Road Construction Northwest,Inc. X X X $939,779.78 PO Box 188 Renton,WA 98057-0188 Peter J. Kenney ENGINEER'S ESTIMATE TOTAL: $958,919.00 LEGEND: *corrected Forms:Triple Form:Non-Collusion Affidavit,Anti-Trust Claims,Minimum Wage; Reg,No.:Dept of Labor of Industries Contractor Registration No. CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: For Agenda of: Dept/Div/Board.. EDNSP August 13, 2007 Staff Contact Suzanne Dale Estey (x 6591) Agenda Status Consent X Subject: Public Hearing.. Regional Roads & Transit ballot measure Correspondence.. Ordinance Resolution X Old Business Exhibits: New Business Study Sessions Information Recommended Action: Approvals: Set a public meeting date on August 20, 2007 Legal Dept Finance Dept Other Fiscal Impact: Expenditure Required... 0 Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The City has been asked to take a position regarding the regional Roads & transit ballot ilbe measure. The comprehensive transportation package is a joint effort of Sound Transit and the Regional Transportation Investment District (RTID). STAFF RECOMMENDATION: Set a public meeting date on August 20, 2007, to consider support of the regional Roads and Transit ballot measure, and adopt a resolution. Rentonnet/agnbill/ bh ArpROVED BY --. • CITY COUNCIL Date 113fr-°°7 . COMMITTEE OF THE WHOLE COMMITTEE REPORT August 13, 2007 Council Policies (June 12, 2006) The Committee of the Whole recommends that Council adopt revisions to City of Renton Policies and Procedures 800-01, 800-02, 800-03, and 800-04 as outlined in the attached document. 0 Toni elson, Council President rev 01/05 bh • 800-01 COUNCIL PRESIDENT AND PRO TEM POLICY & PROCEDURE Effective Date : 10/11/2004 Supersedes : 9/19/1988 Staff Contact: City Clerk Approved By: Don Persson 1.0 PURPOSE: To define the role of the Council President and President Pro Tern and to establish guidelines for the selection of individuals to serve in these positions. 2.0 ORGANIZATIONS AFFECTED: City Council 3.0 REFERENCES: RCW 35A.12.050/060/065 4.0 POLICY: 4.1 To provide for the efficient organization of Council business and activities, the Council shall elect from its members a president and president pro tem. 4.1.1 The Council President shall serve a one-year term. During that period, he or she shall act as the spokesperson and official representative of the City Council, unless such authority is delegated to another Council member by majority vote. 4.1.2 Should there be a vacancy in the office of the Mayor for a period of less than 30 days, the Council President shall automatically assume the authority and duties of the Mayor. Should the Mayor be unable, for any reason, to discharge the duties of his or her office for a period of more than 30 consecutive days the Council, by majority vote, shall select from among their membership an interim mayor who shall serve until the Mayor returns to office or, in the case of a permanent vacancy, until an election is held to select a new mayor. 4.1.3 The President shall preside as chairman of all Council Committee of the Whole meetings and executive sessions. 4.1.4 The President Pro Tem shall serve as President of the Council in the absence of the duly electedduly elected Council President. 4.1.5 The President shall serve as the supervisor for the City Council Liaison position. 5.0 DEFINITIONS: N/A 6.0 PROCEDURES: 6.1 At the first second - . . . . -:regularly scheduled City Council meeting in November, the floor shall be open to nominations for the purpose of electing a Council president and president pro tern to serve the following year. Such elections shall be made by majority vote of those Council members present at the meeting. 6.2 The Council President and President Pro Tem shall assume the duties of their respective offices on January 1 of the new year. ;' Co POLICY & PROCEDURE Subject: Index: LEGISLATIVE MEETINGS OF THE CITY COUNCIL Number: 800-02 Effective Date Supersedes Page Staff Contact Approved By Date 1/27/92 1 of 3 Contact 1.0 PURPOSE: To establish the time and location of the various City Council meetings. 2.0 ORGANIZATIONS AFFECTED: City Council 3.0 REFERENCES: RCW 42.30 (Open Public Meetings act); RCW 35A.12.100; RCW 35A.12.110. 4.0 POLICY: 4.1 Regular business meetings of the City Council shall be held the first four Mondays of each month commencing at 7:00 pm in the Council Chambers of City Hall, or at another location determined by the City Council. The City Council will not meet when a regular meeting falls on a holiday acknowledged as such by official Council action; all pending business and agenda items will be carried forward to the next regularly scheduled meeting. 4.2 There shall be regular Council meetings held the first four Mondays of each month except where a City holiday falls on a Monday. Committee of the Whole meetings (Council work sessions) may be held prior to weekly Council meetings. No final disposition shall be taken at any Council work session; rather, recommendations shall be offered for final action at a succeeding regular business meeting of the Council. 4.3 At all meetings of the City Council, a majority of the Councilmembers shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time and may compel the attendance of absent members as prescribed by ordinance. 4.4 Except as provided for in law, all regular and special meetings of the City Council shall be open to the public as set forth in RCW 42.30.010. 4.5 The Mayor shall be the presiding officer at all meetings of the City Council except Council work sessions. The Council President shall preside in the mayor's absence and shall be notified when the mayor leaves the state. In the absence of both the Mayor and the Council President, the Council President Pro Tern shall preside. 4.5.1 The Mayor shall have a vote only in the case of a tie in the votes of the councilmembers with respect to matters other than the passage of any ordinance, grant, revocation of a franchise or license, or any resolution for the payment of any money. 4.5.2 The Mayor or other presiding officer may require any person addressing the City Council to be sworn as a witness and to testify under oath; the presiding officer shall so require, if directed to do so by a majority vote of the City Council. 4.6 The Council President shall preside at all Council work sessions and executive sessions of the City Council. The President Pro Tern of the Council shall preside in the absence of the Council President. 5.0 DEFINITIONS: N/A 6.0 PROCEDURES: 6.1 Special meetings may be called by the Mayor or any three members of the City Council to discuss issues or business items provided that written notice is delivered to each member of the Council at least 24 hours before the time specified for the proposed meeting. 6.1.1 The notice shall specify the time and place of the special meeting and the business to be transacted. 6.1.2 In addition, the city clerk shall give notice of such special meeting as further provided for in RCW 42.30.080. 6.1.3 No final disposition shall be taken on any other matter at such special meeting by the governing body. 6.1.3.1 Written notice may be dispensed with for any Councilmember who, at or prior to the time the meeting convenes, files a written waiver of such notice with the city clerk. 6.1.3.2 Written notice may also be dispensed with for any member who is actually present at the meeting at the time it convenes. 6.1.3.3 Notice may be dispensed with in the event that a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage when time requirements would make notice impractical and increase the likelihood of such injury or damage. 6.2 The President or majority of the members of the City Council may hold executive sessions during a regular or special meeting to consider: a. matters affecting national security; b. the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration could cause a likelihood of an increased price to the city; c. the appointment, employment or dismissal of a public officer or employee; d. complaints or charges brought against a public officer or employee by another public officer, employee or member of the public; e. any proceeding concerned with the formal issuance of an order granting, suspending, revoking or denying a license, permit or certificate to engage in any business, occupation or profession, or to any disciplinary proceedings involving a member of such business, occupation or profession; f. that portion of a meeting when the Council sits as a quasi-judicial body which relates to a quasi-judicial matter between named parties as distinguished from a matter having a general effect on the public or on a class or group; g. planning or adopting the strategy or position to be taken during the course of any collective bargaining, professional negotiations, grievance or mediation proceedings, or the review of proposals made in such negotiations or proceedings; h. input from the city attorney concerning settlements, avoidance or contemplated litigation, settlement offers and like matters which are subject to the statutory attorney-client privilege. 6.2.1 No official action shall be taken at any executive session; however, nothing shall prevent the Council from taking an informal vote on any matter under discussion. 6.2.2 No member of the City Council, employee of the city or any person present during an executive session shall disclose to any other person the content or substance of discussion or action which took place during the session, unless a majority of the Council authorizes such disclosure. 6.2.3 Executive sessions, to the extent permitted by law, shall be limited to the Mayor and the members of the City Council unless the presence of non-members is I requested by a majority of the City Councilmembers. • a Q =` POLICY & PROCEDURE Subject: Index: LEGISLATIVE ORDER OF BUSINESS,PREPARATION AND APPROVAL OF THE MINUTES Number: 800-03 Effective Date Supersedes Page Staff Contact Approved By Date 5/17/2004 1 of 2 Contact 1.0 PURPOSE: To establish the City Council's order of business and guidelines pertaining to Council minutes. 2.0 ORGANIZATIONS AFFECTED: City Council 3.0 REFERENCES: RCW 35A.12.120 and RCW 35A.39.010 4.0 POLICY: 4.1 The Council shall establish an order of business to facilitate the organization of Council meetings and expedite proceedings. 4.2 The city clerk shall have exclusive responsibility for the preparation and recording of the minutes, and shall be authorized to use audio recording at any regular or special meeting of the Council to assist in the preparation of such minutes. 5.0 DEFINITIONS: Consent Agenda: The consent agenda shall consist of a number of items/issues that shall be proposed for adoption in a single motion. 5.1 The consent agenda shall be utilized to adopt routine items, which need no discussion, and to refer items to committee, the administration or any other appropriate body or individual for study and formulation of a recommendation, which may eventually serve as the basis for a Council action. 5.2 Any consent agenda item can be removed for further discussion or separate action if requested by any Councilmember. A formal motion is not required to remove a consent agenda item for further consideration. 5.3 The minutes shall be included in the Consent Agenda, and a copy shall have been furnished to each Councilmember prior to the meeting. Minutes shall not be read aloud except by separate consideration, motion and majority vote of the City Council. Any corrections to the minutes, except for typographical errors or • misspellings, shall be made by separate consideration, motion and majority vote of the Council. 6.0 PROCEDURES: At each regular Council meeting, the business of the Council shall be taken up for consideration and disposition in the following order, which shall not be changed, except by majority vote of the Council: 1. Call to Order and Pledge of Allegiance 2. Roll Call 3. Proclamations 4. Special Presentations and Reports 5. Public Meetings/Hearings 6. Appeals 7. Administrative Report 8. Audience Comment(limited to five minutes per speaker and 30 minutes total) 9. Consent Agenda 10. Unfinished Business (including committee reports) 11. Resolutions and Ordinances 12. New Business (includes upcoming committee meeting announcements and correspondence) 13. Audience Comment 14. Executive Session(if any) 15. Adjournment ;$ POLICY & PROCEDURE Subject: Index: LEGISLATIVE COUNCIL CORRESPONDENCE Number: 800--04 AND AGENDA - Effective Date Supersedes Page Staff Contact Approved By Date 12/8/2003 1 of 3 Contact 1.0 PURPOSE: To establish guidelines and procedures for correspondence addressed to the City Council and for the preparation of the Council agenda. 2.0 ORGANIZATIONS AFFECTED: City Council 3.0 REFERENCES: Policy and Procedure#800-11, Council E-Mail 4.0 POLICY: 4.1. The City Clerk and Council Liaison are authorized to open and examine all mail, postal and electronic, addressed to the Renton City Council. If the mail is addressed or e-mailed to the personal attention of one individual Councilmember only, then the Council Liaison is authorized to open said mail. 4.2. Correspondence relating to or requiring legislative action shall be forwarded to the City Clerk and shall be brought up under New Business on the agenda. 4.3. The City Clerk shall be provided with a copy of all correspondence brought before the Council during a City Council meeting. 4.4. Correspondence need not be read aloud and in its entirety at a City Council meeting unless requested by a majority vote of the Council. 5.0 DEFINITIONS: Correspondence (also referred to as "mail"): Any letter, note, facsimile transmission, e- mail message, or any other written or electronic transmission of information or data, and any attachments. 6.0 PROCEDURES: 6.1. Mail shall be opened, date-stamped, and logged as required by law. Mail addressed to an individual Councilmember shall be opened and date-stamped by the Council Liaison unless it is identified as personal or confidential, in which case it shall be distributed to the Councilmember unopened. If the correspondence is not personal or confidential or if it relates to City business, the Councilmember will transmit all individual correspondence to the Council Liaison for records retention purposes. If the Councilmember desires action regarding individually received mail, such as having it referred to the Administration or Council Committee, the Councilmember will directly, or through the Council Liaison, so notify the City Clerk who will then include the correspondence in the agenda or refer the correspondence via the referral form, as the case may be. 6.2. Correspondence shall be logged and sorted into four categories. 6.2.1. Informational correspondence that requires no action. Action: Correspondence shall be acknowledged (optional). Copies shall be transmitted to Councilmembers with notation reflecting distribution. Councilmembers may opt to respond personally to the correspondent. Councilmembers should be careful to respond in a way that does not state or imply that they speak for the City or for the City Council as a legislative body. 6.2.2. Correspondence that requires administrative review and/or action by Mayor or City department. Action: Correspondence shall be acknowledged and referred via referral form to the Mayor and/or appropriate department administrator for review and report back. Copies of the correspondence and the referral form shall be transmitted to Councilmembers. Staff response to correspondence shall be approved by the Mayor and copy distributed to Councilmembers and City Clerk. 6.2.3. Correspondence that requires a policy decision or approval by City Council. Action: Correspondence shall be transmitted to the City Clerk to be acknowledged and included on the Council agenda under "New Business" for approval, denial or referral to Council committee or the administration. If referred, the City Clerk shall forward the letter, accompanied by the referral form, to the department administrator for investigation and response or to be scheduled on Council committee agenda. 6.2.4. Correspondence relating to public hearings or meetings or other items on the Council agenda: Action: Correspondence shall be included with the Council packet. Acknowledgment shall be optional. 6.3. Under item 6.2.3, if the matter is referred to Council committee, the Council Liaison will notify the correspondent of the committee meeting date and time. Following final action by Council, the City Clerk will mail the correspondent notice of final Council action. 6.4. The City Clerk shall regularly follow up on outstanding referrals to the Administration. 6.5. Any Council requests or referrals to the Administration occurring at Council meetings shall be referred to staff by the City Clerk via the referral form for response. 6.6. If a public disclosure request is received for Council correspondence, the Councilmembers shall be immediately notified and provided a copy of the request. 7.0 AGENDA PROCEDURES: 7.1. All items for inclusion in the agenda shall be delivered to the City Clerk's office no later than 8:30 a.m. on the Thursday preceding the regular meeting. 7.1.1. Correspondence requesting that an issue be placed on the agenda that is received after the deadline will be held over until the next regular Council meeting. 7.1.2. Correspondence reasonably related to a subject that will be on the next Council agenda shall be transmitted to the Council regardless of the time or date received. 7.1.3. A member of the public, the Council, or the Mayor may ask that an item be considered by the City Council even if it is not identified on the formal agenda by raising the issue during the appropriate time in the order of business of any meeting(i.e., Audience Comment, New Business, Administrative Report). 7.2. Unless otherwise instructed by the Council President, the City Clerk shall prepare the agenda. 7.3. The agenda shall be available to the members of the City Council and the public by 3:00 p.m. on Thursday preceding the Monday Council meeting. 7.3.1. In case of special meetings, the agenda will be made available at least 24 hours prior to the meeting. Notice will be provided as required by law. 7. 71.°179 BY 1 FINANCE COMMITTEE REPORT Date L L a ooh August 13,2007 APPROVAL OF CLAIMS AND PAYROLL VOUCHERS The Finance Committee approves for payment on August 13, 2007, claim vouchers 262337-262809 and 4 wire transfers, totaling $4,378,309.53, and 733 direct deposits, 315 payroll vouchers, and 2 wire transfers, totaling $3,368,501.48. Don Persson, Chair 1 c-4-1 ems Law, Vice-Chair -- !r 4_ Dan Clawson, Member FINANCE COMMITTEE A!Pf OVED BY COMMITTEE REPORT CZT'1T COUNCIL August 13, 2007 Date $1 13'noel SIXTY DOLLAR($60) WATER SHUT OFF CHARGE (July 16, 2007) The Finance Committee recommends concurrence with staff recommendation that the Finance and Information Services Administrator, or his/her designee, be given the authority to adjust $60 water shut off charges on utility accounts, underspecial circumstances. The Committee further recommends that the Ordinance regarding this matter be presented for first reading.Don Persson, Chair Denis W. Law, Vice Chair Dan Clawson, Member cc: .t urine,Assistant CAQ— - Gregg Zimmerman,P/B/PW Administrator Linda Parks, isca ces Director FINANCE COMMITTEE A `PPLOVED BY COMMITTEE REPORT ��1 ®�3NCfL Date 31 13 I a°off August 13, 2007 REIMBURSEMENT OF CAPITAL EXPENDITURES FROM PROCEEDS OF UTILITY REVENUE BONDS (July 23, 2007) The Finance Committee recommends concurrence in the staff recommendation to declare the City's intent that certain capital expenditures J be made for Water, Wastewater and Surface Water utility projects, and that reimbursement be made from Utility Revenue Bonds to be issued in the Fall of 2007. The projects are as follows: Utility Project Budget Tinning Water Highlands 565 $3,280,000 2007/2008 Wastewater Central Plateau $2,225,000 2007/2008 Surface Water SW 34th $1,335,000 2007/2008 Renton Village $1,115,000 2007/2008 .The Committee further recommends that the Resolution regarding this matter be presented for reading and adoption. Don Persson, Chair 614( Denis W. Law, Vice Chair an C wson, ember cc: Michael E.Bailey,Finance&IS Administrator Gregg Zimmerman,Planning/Building/Public Works Administrator Linda Parks,Fiscal Services Director ArPOYleD BY CT COUNCIL Date JI3)a007 FINANCE COMMITTEE COMMITTEE REPORT August 13, 2007 Scoccolo Lawsuit Costs (Referred 6/25/2007) The Finance Committee was briefed on 8/13/2007 and recommends closure of this referral. Ute. Don Persson, Chair )ki4e(:_cd cc; Denis W. Law, Vice-Chair Dan Clawson,Member cc: Larry Warren Michael Bailey � 1 ?It3�� 0c7 CITY OF RENTON, WASHINGTON-, �f RESOLUTION NO. J g 9 G A RESOLUTION OF THE CITY OF RENTON, WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN THE CITIES OF RENTON AND MERCER ISLAND REGARDING AN AVIATION NOISE STUDY. WHEREAS, RCW 39.34, the Interlocal Cooperation Act, permits any public agency to enter into an agreement with another public agency, to exercise any of their powers jointly or cooperatively, and/or to have one public agency perform any service, activity, or undertaking which each agency is authorized by law to perform; and WHEREAS, the City of Renton is preparing an Airport Layout Plan update to its 1997 Airport Master Plan; and WHEREAS, among the alternatives considered in the draft update are scenarios that would modify the take-off and landing approaches to the airport, and change the mix and numbers of aircraft types likely to use Renton Airport which might impact Renton and Mercer Island residents; and WHEREAS, Renton and Mercer Island residents requested more information, including a more in-depth study of the potential noise impacts of the Airport Layout Plan alternatives; and WHEREAS, in order to facilitate evaluation of the noise impacts of proposed Airport Layout Plan alternatives, Renton and Mercer Island jointly adopted a Memorandum of Understanding ("MOU") by Council actions of April 9, 2007 (Renton) and April 16, 2007 (Mercer Island); and WHEREAS, some of the specific actions identified in the MOU call for Renton and Mercer Island to jointly develop a scope of work for a contracted consultant to study the potential noise impacts of Airport Layout Plan update alternatives, and to equitably share the costs of the same; and WHEREAS, Renton and Mercer Island wish to enter into an agreement to delineate the scope of work for a contract for an aviation noise study, with the costs to be borne equally by each City, 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 Agreement between the Cities of Renton and Mercer Island regarding an Aviation Noise Study. 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.1291:08/06/07:ch ASp' d CITY OF RENTON, WASHINGTON RESOLUTION NO.13`'I 00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON APPROVING CERTAIN EXPENDITURES FOR REIMBURSEMENT FROM THE PROCEEDS OF DEBT TO BE ISSUED IN THE FUTURE. WHEREAS,the City anticipates constructing large capital projects for the purpose of maintaining its ability to provide needed utility services; and WHEREAS,the City will issue utility revenue bonds to provide funds for these capital projects; and WHEREAS, some expenses on the projects will be incurred by the City prior to the issuance of said bonds; and WHEREAS, federal law requires that the City declare its intent to reimburse its expenses from the planned sale of bonds. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON DOES HEREBY RESOLVE: SECTION I. The City of Renton, Washington (the "City") reasonably expects to reimburse the expenditures described herein with the proceeds of debt to be incurred by the City (the"Reimbursement Bonds"). SECTION II. The expenditures with respect to which the City reasonably expects to be reimbursed from the proceeds of Reimbursement Bonds are for the acquisition, construction and equipping of the following: • Water: Highland 565 in the amount of$3,280,000; • Wastewater: Central Plateau in the amount of$2,225,000; • Surface Water: SW 34th in the amount of$1,335,000 and Renton Village in the amount of$1,150,000; plus the payment of issuance costs. RESOLUTION NO. SECTION III. The maximum principal amount of debt obligations expected to be issued for the project described in Section H is $8 million. The expenditures to be reimbursed from bond proceeds will be made from the Utilities Funds. 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:1288:07/23/07:ch c:\documents and settings\mary ann\my documents\lwinword\res\1288.doc