HomeMy WebLinkAboutCouncil 04/27/2009AGENDA
RENTON CITY COUNCIL
REGULAR MEETING
April 27, 2009
Monday, 7 p.m.
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. PROCLAMATION: National Crime Victims' Rights Week - April 26 to May 2, 2009
4. APPEAL: Planning and Development Committee Report re: Ram Short Plat Variance Appeal
INABILITY OF THE CITY COUNCIL TO TAKE TESTIMONY ON APPEALS DURING THE
CITY COUNCIL MEETING
State law requires that the City establish a process to handle appeals from application of
environmental and developmental rules and regulations. The Renton City Council, feeling it was
best for the elected representatives to handle the appeals rather than require citizens to go to court,
has retained appellate jurisdiction to itself.
The courts have held that the City Council, while sitting as an appellate body, is acting as a quasi-
judicial body and must obey rules of procedure of a court more than that of a political body.
By City Code, and by State law, the City Council may not consider new evidence in this appeal.
The parties to the appeal have had an opportunity to address their arguments to the Planning &
Development Committee of the City Council at a meeting previously held. Because of the court
requirements prohibiting the City Council from considering new evidence, and because all parties
have had an opportunity to address their concerns to the Planning & Development Committee, the
City Council may not consider oral or written testimony at the City Council meeting. The Council
understands that this is frustrating to citizens and is outside the normal process of open discourse
provided to citizenry during the audience comment portion of the City Council meeting. However,
this burden of not allowing the Council to be addressed concerning pending appeals is outweighed
by the quick, easy, inexpensive and local appeal process provided by the Renton City Council.
5. ADMINISTRATIVE REPORT
6. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is
allowed five minutes. The comment period will be limited to one-half hour. The second audience
comment period later on in the agenda is unlimited in duration.) When you are recognized by the
Presiding Officer, please walk to the podium and state your name and city of residence for the record,
SPELLING YOUR LAST NAME.
7. CONSENT AGENDA
The following items are distributed to Councilmembers in advance for study and review, and the
recommended actions will be accepted in a single motion. Any item may be removed for further
discussion if requested by a Councilmember.
a. Approval of Council meeting minutes of 4/20/2009. Council concur.
(CONTINUED ON REVERSE SIDE)
b. Administrative, Judicial, and Legal Services Department recommends approval of a
Memorandum of Understanding with 19 participating jurisdictions which outlines their
responsibilities related to the 2009 Recovery Act: Edward Byrne Memorial Justice Assistance
Grant (JAG) program. Council concur.
c. City Clerk submits quarterly contract list for period of l/l/2009 through 3/31/2009 and
expiration report for agreements expiring 4/l/2009 to 9/30/2009. Information.
d. Community and Economic Development Department recommends a public hearing be set on
5/18/2009 to consider the proposed Shamrock Annexation and R-4 zoning of approximately 124
acres located generally south of NE 10th St. and east of Jericho Pl. NE. Council concur.
e. Fire and Emergency Services Department recommends approval of an agreement with the
Washington State Military Department for a public assistance grant to receive up to 75 percent of
the eligible non -insurance covered damages sustained by the City during the January 2009 storm
event. Estimated eligible expenses are in excess of $4.8 million. Council concur.
f. Transportation Systems Division recommends approval of an addendum to airport lease LAG-
03-002, with AirO, Inc., to defer rent payments and late fees to 8/15/2009 in exchange for a
significant penalty and collateral. Refer to Transportation (Aviation) Committee.
g. Utility Systems Division recommends approval of a contract in the amount of $69,043.35 with
R.W. Beck for consultant services for evaluation of a site for a future City 196 zone water
reservoir in the Black River quarry area. Council concur.
h. Utility Systems Division recommends approval of a contract in the amount of $46,629 with R.W.
Beck to perform a water audit and cost -benefit analysis for the City's evaluation of membership
with the Cascade Water Alliance. Council concur.
8. UNFINISHED BUSINESS _
Topics listed below were discussed in Council committees during the past week. Those topics
marked with an asterisk (*) may include legislation. Committee reports on any topic may be held by
the Chair if further review is necessary.
a. Utilities Committee: Release of Easement Request for WSDOT
9. RESOLUTIONS AND ORDINANCES
Ordinance for second and final reading:
Approving the Mackay Annexation (1st reading 4/20/2009)
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)
7TH FLOOR CONFERENCING CENTER
April 27, 2009
Monday, 6:00 p.m.
Issaquah School District Administration and Board Members - Meet & Greet
• Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk •
CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE-
CABLECAST
TUES. & THURS. AT 11 AM & 9 PM, WED. & FRI. AT 9 AM & 7 PM AND SAT. & SUN. AT 1 PM & 9 PM
CITY OF RENTON COUNCIL AGENDA BILL
Submitting Data:
Dept/Div/Board..
Staff Contact......
Subject:
AJLS/Mayor's Office
Marty Wine, x6526
FFY 2009 Recovery Act: Edward Byrne Memorial
Justice Assistance Grant (JAG) Program: Memorandum
of Understanding and application
Exhibits:
Recommended Action:
Council concur
7
Al #:
For Agenda of: April 27, 2009
Agenda Status
Consent ..............
Public Hearing..
Correspondence..
Ordinance .............
Resolution............
Old Business........
New Business.......
Study Sessions......
Information.........
Approvals:
Legal Dept ......... X
Finance Dept......
Other ...............
1 rscal Impact:
Expenditure Required... Transfer/Amendment.......
Amount Budgeted....... Revenue Generated.........
Total Project Budget Citv Share Total Proiect..
X
SUMMARY OF ACTION:
King County and 18 cities including Renton are eligible to receive $4.88M from 2009 Recovery Act: Edward Byrne
Memorial Justice Assistance Grant (JAG) Program. The grant purpose is to improve or enhance law enforcement
programs related to criminal justice, and to preserve or create jobs under the federal Recovery Act. In situations such as
ours where a county funds jail and adjudication costs, a disparity occurs and there must be a joint application and
agreement by all the grant recipients on the distribution of the funds ("disparate allocation"). DOJ suggests an allocation
of those funds based on incidence of Part 1 crimes by jurisdiction as a starting point. At the County's request to receive
more than the starting -point allocation, and in keeping with a proposal made by the King County Police Chiefs
Association, the 18 cities have agreed to a proposed reallocation of the grant for the County to receive 10% of each
City's starting point allocation as acknowledgement of the County role and costs for handling felony crimes.
The cities and County have agreed that Seattle will be the fiscal agent. The memorandum of understanding explains the
purpose of the funding, certifies the disparate allocation, and identifies the funding allocation to each jurisdiction.
Renton's allocation is $143,245. Participating jurisdictions are responsible for identifying their own projects and will
invoice Seattle quarterly. Renton's preliminary plan for this funding is to invest in equipment and technology that would
support Police and Court operations, including: expand camera surveillance program (Transit Center and other
locations); replace the Probation Case Management system (client tracking software); police investigations video/audio
system for interview rooms; and evidence tracking system. The Council Public Safety Committee was briefed about the
application on April 20, 2009, and additional information will be provided at time of application in mid -May, 2009
STAFF RECOMMENDATION:
Authorize the Mayor to sign, and City Clerk to attest, the Memorandum of Understanding with 18 cities
and King County which outlines responsibilities for participating jurisdictions related to the FFY 2009
Recovery Act: Edward Byrne Memorial Justice Assistance Grant (JAG) Program.
RentonneUagnbill/ bh
DRAFT
Recovery Act: Edward Byrne Memorial Justice Assistance Grant (JAG) Program
FFY 2009
This Memorandum of Understanding (MOU) outlines the responsibilities and protocols
-- - for partioipati-ng jurisd-ictions--pe--rtai-ni-n-g-to-the- FFY 20- 09 Recovery -Act. Edv✓ard B-yrne — - - -
Memorial Justice Assistance Grant (JAG) Program.
I. Participating Jurisdictions
The participating jurisdictions, relevant to this MOU, in the Recovery Act: Edward Byrne
Memorial Justice Assistance Grant are:
• King County
• City of SeaTac
• City of Seattle
• City of Federal Way
• City of Auburn
• City of Burien
• City of Bellevue
City of Woodinville
• City of Bothell
City of Shoreline
• City of Kent
City of Covington
• City of Kirkland
City of Maple Valley
• City of Redmond
City of Kenmore
• City of Renton
City of Des Moines
• City of Tukwila
II. Background and Purpose
Proposed to streamline justice funding and grant administration, the Recovery Act:
Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows states, tribes,
and local governments to support a broad range of activities to prevent and control crime
based on their own local needs and conditions. JAG blends previous Byrne Formula and
Local Law Enforcement Block Grant (LLEBG) Programs to provide agencies with the
flexibility to prioritize and place justice funds where they are most needed.
III. Disparate Certification
Jurisdictions certified as disparate must submit a joint application for the aggregate of
funds allocated to them, specifying the amount of funds that are to be distributed to each
of the units of local government and the purposes for which the funds will be used, and
indicating who will serve as the applicant/fiscal agent for the joint funds. The above
jurisdictions are certified as disparate.
Pagel of 5
IV. . Fiscal Agent and Fund Allocation
The City of Seattle will act as the applicant and will serve as the fiscal agent for the joint
funds. The City of Seattle will charge a 3.7% ($181,520) administrative fee for these
services.
The allocation of funding is as follows:
King County $863,500
City of Seattle $2,522,098 (Fiscal Agt.)
City of Auburn $161,101
City of Bellevue $96,935
City of Bothell $21,192
City of Kent $307,485
City of Kirkland $45,542
City of Redmond $44,739
City of Renton $143,245
City of Tukwila $104,980
City of SeaTac $83,396..
City of Federal Way $183,079
City of Burien $103,999
City of Woodinville $12,755
City. of Shoreline $74,566
City of Covington $20,800
City of Maple Valley $11,185
City of Kenmore $16,875
City of Des Moines $64,755
V. Project Allocations and Reporting
Participating jurisdictions are responsible for identifying their own projects for funding.
The identified fiscal agent, the City of Seattle, will file reports. Participating jurisdictions
are responsible for invoicing the City of Seattle ona. quarterly basis.
•
Page 2 of 5
Recovery Act: Edward Byrne Memorial Justice Assistance Grant (JAG) Program
FFY 2009
Signature Page
Signature:
Signature:
Name & Title:
Name & Title:
Tim Ceis, Deputy Mayor
Kurt.Triplett, Chief of Staff
Jurisdiction: City of Seattle
Jurisdiction: King County
Date:
Date:
Signature:
Signature:
Name & Title:
Name & Title:
Jurisdiction: City of Auburn
Jurisdiction: City of SeaTac
Signature:
Signature:
Name & Title:
Name & Title:
3
Jurisdiction: City of Bellevue
Jurisdiction: City .of Federal Way
Date:
Date:
Signature:
Signature:
Name & Title:
Name & Title:
Jurisdiction: City of Bothell
Jurisdiction: City of Burien
Date:
Date:
Page 3 of 5
Signature:
Signature:
Name & Title:
Name & Title:
Jurisdiction: City of Kent
Jurisdiction: City of Woodinville
Date:
Date:
Signature:
Signature:
Name & Title:
Name & Title:
Jurisdiction:. City of Kirkland
Jurisdiction: City of Shoreline
Date:
Date:
Signature:
Signature:
Name & Title:
Name & Title:
Jurisdiction: City of Redmond
Jurisdiction: City of Covington
Date:
Date:
Signature:
Signature:
Name & Title:
Name & Title:
Jurisdiction: City of Renton
Jurisdiction: City of Maple Valley
Date:
Date:
Signature:
Signature:
Name.& Title:
Name & Title:
Jurisdiction: City of Tukwila _
Jurisdiction: City of Kenmore
Date:
Date:
Page 4 of 5
Signature:
Jurisdiction: City of Des Moines
Date:
Page 5 of 5
c
CITY OF RENTON COUNCIL AGENDA BILL
Dept/Div/Board: AJLS/City Clerk
Staff Contact: Bonnie Walton, x6502
iubject:
City of Renton Contract Lists:
1 st Quarter 2009 Report
Six-month Expiration Report
ninits:
List of contracts fully executed from January 1, 2009
through March 31, 2009;
List of contracts expiring between April 1, 2009 and
September 30, 2009
None; Information only
N/A
Expenditure Required...
Amount Budgeted.......
Total Project Budget
SUMMARY OF ACTION:
Al #:
For Agenda of: 4/27/2009
Agenda Status
Consent .............. X
Public Hearing......
Correspondence.... .
Ordinance ............
Resolution........... .
Old Business.........
New Business........
Study Sessions.......
Information.......... X
Legal Dept.........
Finance Dept......
Other ...............
Transfer/Amendment...... .
Revenue Generated.........
City Share Total Project..
The quarterly contract report shows 84 agreements fully executed during the 1 st quarter of 2009.
The six-month expiration report shows 42 agreements expiring between April 1, 2009 and
September 30, 2008.
Source: Contract Management Module in the EDEN financial software system.
Contracts Expiring Between 04/01/2009 and
09/30/2009
04/15/2009
Original
Current
CONTRACT Addendum
Number Number
Fully Executed
Contractor
Division
Expiration
Contract
Amount
Contract
Amount
Class
CAG-09-024
02/05/2009
030109 - GOETTEL &
Goettel & Associates, Inc - Technical support
CS
04/16/2009
$16,350
$16,350
P
ASSOCIATES INC
for FEMA program and grant applications
CAG-07-035
04/30/2007
046289 - MAGNUM PRINT
Provide the City with toner and printer services.
FIS
04/30/2009
$31,932
$31,932
P
SOLUTIONS
($31,931.55 x 2 years) may extend 1 additional
year.
CAG-07-177
10/04/2007
068180 - RH2 ENGINEERING INC
RH2 Engineering, Inc. - Services during
PBPW
04/30/2009
$220,602
$220,602
P
construction of Hazen 565 Zone Reservoir
CAG-08-082
06/04/2008
030110 - GOLDER ASSOCIATES
Golder Associates - Consultant contract for
PBPW
04/30/2009
$53,963
$53,963
P
INC
Cedar River monitoring for 205 project
CAG-09-032
03/09/2009
060717 - PCL CONSTRUCTION
PCL Construction Services, Inc - Reconstruct
CS
04/30/2009
$9,780
$9,780
P
SVCS INC
3 lifeguard tower platforms at Coulon Beach
LAG-00-002
04/05/2000
2894 - SYNTAX SYSTEMS
Syntax Systems, Inc. (Engenio Information
CS
04/30/2009
$0
$0
R
Technolgies) - Lease of 3rd floor of 200 Mill
Bldg. - Adden 1 - 4 extension of time for 1 year.
CAG-08-081
06/04/2008
058620 - OUTCOMES BY LEVY
Outcomes by Levy (Doug Levy) - Legislative
EDNSP
05/30/2009
$51,800
$51,800
P
Consultant Services (WA State)
CAG-05-141
08/22/2005
045247 - LOOMIS
Armored Car Services
FIS
05/31/2009
$26,314
$26,314
P
CAG-06-089 Adden #1-08
04/24/2006
064542 - PSR
Annual Maintenance HVAC system at
CS
06/01/2009
$7,736
$15,782
P
Maplewood Clubhouse
CAG-02-134 Adden #6-08
08/08/2002
042369 - KING CNTY FINANCE
King County Department of Transportation,
PBPW
06/30/2009
$30,206
$254,956
P
Road Services - USACE Cedar River Section
205 Flood Reduction Project; Landsburg
Gravel Supplementation Mitigation Element
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Page 1 of 5
^
Original
'urrent
CONTRACT
Number
)ndum
mber
Fully Executed
Contractor
Division
Expiration
Contract
Amount
norm
Class
mount
CAG-06-080
Adden #1-07
05/25/2006
2454 - CTED-ECONOMIC DEVI
Washington State Department of Community,
PBPW
06/30/2009
$5,000,000
$5,000,000
R
Trade, and Economic Development Division
(WA CTED) - $5,000,000 grant for
infrastructure improvements at South Lake
Washington (The Landing)
CAG-07-033
Adden #3-08
03/21/2007
046043 - MACLEOD RECKORD
MacLeod Reckord - perform trail and bikeway
PBPW
06/30/2009
$158,131
$174,851
P
planning and design, transportation planning,
signage design guidelines, and stakeholder
and agency coordination assistance to the City
of Renton
CAG-07-130
07/10/2007
1340 - WASHINGTON STATE
WA Transportation (WSDOT) - Commute Trip
PBPW
06/30/2009
$44,355
$44,355
R
Reduction funding agreement for 2007 - 2009
(Grant Amount $44,355.10)
CAG-08-158
09/17/2008
1067 - KING CNTY
King County Sheriffs Office- Reimbursement
Police
06/30/2009
$45,000
$45,000
R
for Sex Offender related overtime (up to
$45,000)
CAG-08-165
10/31/2008
091535 - W & H PACIFIC INC
WH Pacific, Inc. - Architectural/Engineering
PBPW
06/30/2009
$20,031
$20,031
P
Agreement for Logan Av Bike Lane
Construction Services
CAG-08-183
11/20/2008
039194 - J D STRIPING
J.D. Striping - Sidewalk construction at
CS
06/30/2009
$15,669
$15,669
P
Creekside Shelter -Gene Coulon Park
CAG-07-185
10/30/2007
058570 - OTTO ROSENAU &
Otto Rosenau & Associates, Inc. - Special
PBPW
07/01/2009
$79,187
$79,187
P
ASSOCIATES INC
Inspection and Materials Testing for Hazen
Reservoir Project
CAG-08-153
09/26/2008
061760 - MEDTRONIC
Medtronic/Physio-Control, Inc -
Fire
07/10/2009
$15,904
$15,904
P
PHYSIO-CONTROL CORP
Defibrillator/Monitor Service & Maint
Agreement
CAG-08-106 07/09/2008 001902 - ALLIANCE 2020 Alliance 2020 - Provides background checks HR
for Fire Department
CAG-08-131 08/27/2008 051625 - MRP ENGINEERING LLC MRP Engineering, LLC - Engineering CS
Services for the Seismic Retrofit of Fire Station
11
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07/11/2009
$2,000
$2,000 P
07/30/2009
$29,000
$29,000 P
Page 2 of 5
Original
Current
CONTRACT
Number
Addendum
Number
Fully Executed
Contractor
Division
Expiration
Contract
Amount
Contract
Class
Amount
CAG-07-029
Adden #1-08
03/13/2007
069671 - ROTH HILL
Roth Hill Engineers - to provide the pre -design
PBPW
07/31/2009
$189,900
$189,900
P
ENGINEERING PARTNERS, LLC
report for the Heather Downs Interceptor
Upgrade project
CAG-07-200
12/03/2007
400021 - WA STATE DEPT OF
WA Department of Corrections - Interlocal
Police
07/31/2009
$0
$0
M
CORRECTIONS, TO BE USED
Agreement with the State of Washington
FOR MISC
Department of Corrections and the Renton
Police Department
CAG-08-102
08/27/2008
071690 - SCOTT COATINGS LLC
Scott Coatings, LLC. - Mt. Olivet & South
PBPW
07/31/2009
$62,379
$62,379
P
Talbot Reservoir Recoating
CAG-08-160
Adden #1-09
10/17/2008
009258 - BERGER/ABAM
Berger/Abam Engineers, Inc - Engineering
CS
07/31/2009
$97,000
$97,000
P
ENGINEERS INC
Consultant Agreement re: Cedar River Bank
Bank Stabilization along Jones Park
CAG-09-022
02/03/2009
042765 - KPFF CONSULTING
KPFF Consulting Engineers - Bidding &
CS
08/01/2009
$3,000
$3,000
P
ENGINEERS
Construction administration support for Coulon
Park Water Walk Handrail Repair
CAG-08-146
10/14/2008
041608 - KING CNTY FINANCE
KC Department of Transportation - Implement
PBPW
08/15/2009
$42,908
$42,908
P
of Commute Trip Reduction (CTR) for 2008
-2009.
CAG-08-134
08/22/2008
001902 - ALLIANCE 2020
Alliance 2020 - Background checks -
HR
08/22/2009
$5,000
$5,000
P
employees & volunteers
CAG-07-093
09/01/2007
076056 - SOUND PUBLISHING
Renton Reporter - Official City Legal Notice
AJLS
08/31/2009
$35,000
$35,000
P
INC
Printing/Publishing
CAG-08-003
01/11/2008
069671 - ROTH HILL
Roth Hill Engineering Partners, LLC. -
PBPW
08/31/2009
$715,350
$715,350
P
ENGINEERING PARTNERS, LLC
Stonegate 11 - Alternatives Analysis; Lift Station
and Conveyance Design
CAG-08-089
08/27/2008
012164 - BUNO CONSTRUCTION
Buno Construction, LLC. - Renton Highlands
PBPW
08/31/2009
$983,263
$1,131,327
P
LLC
565 Zone Water Main Improvements -
WTR-27-3179
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4
Original
—urrent
CONTRACT
Number
-indum
tuber Fully Executed
Contractor
Division
Expiration
Contract
Amount
ntract
Class
,,mount
CAG-09-001
01/08/2009
016489 - COBY CONSTRUCTION
Colby Construction - Remove & Replace Park
CS
08/31/2006
$48,887
$48 887
P
Sidewalks around Coulon Memorial Beach
Park Bathhouse
CAG-09-014
02/02/2009
059450 - PACIFIC
Pacific Groundwater Group, Inc. - Monitoring
PBPW
08/31/2009
$44,018
$44,018
P
GROUNDWATER GROUP
Well Repairs
CAG-09-028
02/19/2009
042544 - KLEINFELDER
Kleinfelder West - 126th Av SE Sanitary Sewer PBPW
08/31/2009
$14,493
$14,493
P
Extension Geotechnical Study
PAG-07-003
10/17/2007
105092 - KENMORE AIR HARBOR
Kenmore Air Harbor, Inc. - Operating Permit
PBPW
08/31/2009
$0
$0
M
INC
and Agreement for sublease between Kenmore
Air and Beaver Hangar Corporation at the
Airport
CAG-08-201
03/05/2009
073845 - SERVICE ELECTRIC CO
Service Electric Co., Inc. - Liberty Park -
CS
09/01/2009
$234,568
$234,568
P
INC
Ballfield Lighting
CAG-05-097
06/24/2005
089299 - WA ST DEPT OF
ROW Plans for 1-405 Corridor Project
EDNSP
09/08/2009
$250,000
$250,000
P
TRANS, HWYS & LOCAL PROG
CAG-08-163
10/31/2008
072025 - SEARCH DDB
seArch DDB - Architectural Services for Jones CS
09/10/2009
$29,232
$29,232
P
Park Restroom ADA Upgrade
CAG-08-145
09/24/2008
021129 - DIAMOND PARKING
Diamond Parking, LLC - Operate the City
CS
09/20/2009
$9,000
$9,000
P
SERVICES LLC
Center Parking Garage - 1 year
CAG-08-073
05/07/2008
1020 - FEDERAL AVIATION AC
Federal Aviation Administration - Application
PBPW
09/30/2009
$73,102
$73,102
R
for Grant for Runway 15/33 repaving project
($76,950)
CAG-08-086
06/05/2008
021930 - DOTSON INC
Dotson Security Services, Inc. - Visitor
Police
09/30/2009
$65,258
$65,258
P
Information and Downtown Assistance
Program Surity & Ambassador Services Term:
7/1/2008 - 9/30/2009
CAG-08-126 08/26/2008 JGM Landscape Architects - Ron Regis Park CS
Phase II Improvements
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09/30/2009 $243,249 $243,249 P
Page 4 of 5
CONTRACT Addendum
Number Number Fully Executed Contractor
LAG-03-003 09/14/2003 2489 - RIVER ROCK GRILL & / All My Restaurant Lease - Riverrock Grill & Ale CS
house located at the Maplewood golf course
clubhouse. Addenda #1 transfer of lease and
conncession to Barajas Arias. Expires
9/30/2009
Expiring Contracts This Period
49 ' L4. ,
Original Current
Division Expiration Contract Contract
Amount Amount Class
09/30/2009 $0 $0 R
P = Payables $5,863,167
R = Receivables $5,162,457
M = Misc $0
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i
Contrac "ully Executed Between 01/01/2009 and C 1/2009
CONTRACT Addendum
Number Number Fully Executed Contractor Description Division Expiration
LAG-93-004 Adden #4-09 02/06/2009 1011 - BHC, INC Lease - BHC, Inc - Transfer of lease of airport PBPW 12/31/2999
area around building 850 from Bruce Leven to
BHC, Inc. Addenda 1 - 3 - rental rate
increases. Term: 10/28/2008
04/15,
Original
Current
Contract
Contract
Amount
Amount Class
$83,409
$83,409 R
LAG-05-001
Adden #1-09
03/05/2009
2324 - VISION HOUSE
Lease of property at 10130 SE Carr Rd, known CS
01/11/2008
$0
$0
R
as the Edlund/Korum house @ $1.00 per year.
CAG-06-011
Adden #1-09
01/27/2009
005725 - ARBITRAGE
Perform calculations and services relating to FIS
12/15/2008
$0
$18,750
P
COMPLIANCE
arbitrage rebate and/or penalty election
requirements in IRS Code Sec 148(f)
CAG-06-174
Adden #2-09
03/23/2009
008545 - R W BECK INC
Surface Water Utility Storm and Surface Water PBPW
12/31/2009
$248,671
$266,065
P
Management Plan
CAG-08-058
Adden #1-09
01/21/2009
031906 - HDR ENGINEERING INC
HDR Engineering, Inc. - Engineering PBPW
03/31/2009
$80,928
$84,052
P
Consultant Agreement re: Automatic Meter
Reading Procurement Support
CAG-08-067
Adden #1-09
03/16/2009
040085 - KALEIDOSCOPE
Kaleidoscope Services - Flower planting and CS
12/31/2010
$150,707
$125,174
P
SERVICES
maintenance services for hanging flower
basket program; pots and planters programs;
and flower beds program at various Renton
locations
CAG-08-062
Adden #1-08
01/10/2009
1340 - WASHINGTON STATE
WA State Military Dept - Public Assistance Fire
12/08/2011
$0
$0
R
Grant Agreement #E08-825 to accept monies
for reimbursement of disaster expenses
incurred due to the Dec 3 Storm
CAG-08-110
Adden #2-09
01/22/2009
021968 - DOUGLAS H
Doug Pedersen - Economic Research FIS
05/31/2010
$28,000
$28,000
P
PEDERSEN, & ASSOCIATES
Services amount for 2 years
\\centra1\sys2\apps\informgold\reports\sitespec\renton\reports\cm Brian Hilderman1.rpt
Page 1 of 10
CONTRACT
Number
Addendum
Number
Fully Executed
Contractor
Description
Division
Expiration
Ordinal
Contract
Current
Contract
Amount
Amount
Class
CAG-08-120
Adden #1-09
01/28/2009
056490 - NW HYDRAULIC
Northwest Hydraulic Consultants, Inc -
PBPW
01/30/2009
$19,992
$24,526
P
CONSULTANTS INC
Sediment Survey of Cedar River
CAG-08-160
Adden #1-09
01/29/2009
009258 - BERGER/ABAM
Berger/Abam Engineers, Inc - Engineering
CS
07/31/2009
$97,000
$97,000
P
ENGINEERS INC
Consultant Agreement re: Cedar River Bank
Bank Stabilization along Jones Park
CAG-08-196
01/02/2009
1340 - WASHINGTON STATE
WA State Military Dept - 2008 EMPG, WA
Fire
03/31/2009
$85,840
$85,840
R
State Contract #E08-344
CAG-09-001
01/08/2009
016489 - COBY CONSTRUCTION
Colby Construction - Remove & Replace Park
CS
08/31/2009
$48,887
$48,887
P
Sidewalks around Coulon Memorial Beach
Park Bathhouse
CAG-09-003
01/06/2009
020180 - DAVID EVANS &
David Evans & Associates, Inc. -
PBPW
12/31/2009
$19,452
$19,452
P
ASSOCIATES INC
Sunset/Hoquiam Signalization Construction
Support Services Contract
CAG-09-006
01/09/2009
068180 - RH2 ENGINEERING INC
RH2 Engineering, Inc. - Technical Assistance
PBPW
12/31/2009
$11,621
$11,621
P
for West Hill Reservoir recoatin 9
CAG-09-007
01/06/2009
3242 - JMS, INC.
JMS, Inc/Youth Sports Services Inc. -
CS
03/15/2009
$0
$0
R
Agreement with Ski School. School provides
transportation & lessons (10% of lesson fees)
CAG-09-004
01/12/2009
009276 - BERKLEY RISK
Berkley Risk Administration - Workers
HR
12/31/2011
$32,025
$32,025
P
ADMINISTRATORS CO
Compensation Administration/Claims
Administration
CAG-09-010
01/14/2009
072267 - CITY OF SEATTLE,
City of Seattle - Coordination through
AJLS
12/31/2011
$0
$0
M
PARKS & RECREATION
Co -location of a Felony Prosecutor
Memorandum of Understanding
\\central\sys2\ .\informgold\reports\sitespec\renton\reports\cmBrianHildermanl.r, Page 2 of 10
i
CONTRACT ndum
Number nber Fully Executed Contractor
CAG-09-011 01 /15/2009
Original 'urrent
Description Division Expiration Contract itractAmount mount Class
King County -Road Services Division - PBPW 12/31/2009 $15,000 $15,000 P
Interagency Agreement - Williams Av Bridge
Log Jam Removal
CAG-09-009
01/22/2009
057282 - OCCUPATIONAL
Occupational Health Services - Inmate
Police
12/31/2009
$196,306
$196,306 P
HEALTH SERVICES
Medical Services
PAG-09-001
01/22/2009
400022 - PUGET WESTERN, TO
Puget Western, Inc. - Use of vacant lot - use
CS
12/31/2009
$0
$0 M
PROCESS MISC CONTRACTS
of Puget Western, Inc. property for Coulon
overflow parking
CAG-08-178
01/29/2009
083013 - TUBE ART DISPLAYS,
TubeArt - Downtown Wayfinding Signage
PBPW
12/31/2009
$21,132
$21,132 P
INC
Phase I
LAG-09-001
01/30/2009
089926 - WARREN BARBER
Warren Barber Dean & Fontes Building
AJLS
12/31/2011
$270,000
$270,000 P
DEAN & FONTES
Partnership - Leased space for City Attorney
Office at 100 S. 2nd St, as part of transition
from contract services to City employment
($90,000 year x 3 years) Expires: 12/31/2011
CAG-09-014
02/02/2009
059450 - PACIFIC
Pacific Groundwater Group, Inc. - Monitoring
PBPW
08/31/2009
$44,018
$44,018 P
GROUNDWATER GROUP
Well Repairs
CAG-09-018
02/02/2009
067707 - RENTON SAILING CLUB
Renton Rowing - The right to conduct rowing
CS
01/30/2010
$0
$0 M
INC
activities & exclusive use of two parking stalls
near Cedar River Trail boat launch
CAG-09-019
02/06/2009
033236 - HEALTHCARE
Healthcare Management Administrators (HMA)
HR
12/31/2009
$0
$0 P
MANAGEMENT ADMIN
- Administer medical, dental and prescription
claims within the City's self -funded plan.
CAG-09-022
02/03/2009
042765 - KPFF CONSULTING
KPFF Consulting Engineers - Bidding &
CS
08/01/2009
$3,000
$3,000 P
ENGINEERS
Construction administration support for Coulon
Park Water Walk Handrail Repair
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Page 3 of 10
CONTRACT Addendum
Number Number Fully Executed Contractor
CAG-09-024 02/05/2009 030109 - GOETTEL &
ASSOCIATES INC
Original Current
Description Contract Contract
Division Expiration Amount Class
Amount
Goettel & Associates, Inc - Technical support CS 04/16/2009 $16,350 $16,350 P
for FEMA program and grant applications
CAG-09-012
02/12/2009
041608 - KING CNTY FINANCE
King County Metro Transit - Flexpass purchase PBPW
12/31/2010
$37,950
$37,950
P
agreement 2009 - 2010 Bus Pass Contract for
City Employees
CAG-09-020
02/10/2009
042772 - KPG INC
KPG, Inc. - Preparation of final plans,
PBPW
12/31/2009
$119,068
$119,068
P
specification & estimates for Garden Av N
Improvements
CAG-09-021
02/10/2009
1255 - WASHINGTON STATE
WA State Criminal Justice Training Center -
Police
01/01/2010
$0
$0
R
Reimbursement for Jailer Ervin's duties as
Training Officer at the Washington State
Criminal Justice Training Center for 2 years
CAG-09-023 Adden #1-09
12/31/2009
069671 - ROTH HILL
Roth Hill Engineering Partners - Survey
PBPW
12/31/2009
$9,600
$9,600
P
ENGINEERING PARTNERS, LLC
Services for 126th Av SE Sewer Extension
CAG-09-040
02/09/2009
076117 - MULTI SERVICE
Multi -Service Center - General Literacy
CS
12/31/2010
$11,500
$11,500
P
CENTER
Instruction
CAG-09-041
02/09/2009
089949 - WAY BACK INN
Way Back Inn - Transitional Housing for
CS
12/31/2010
$17,000
$17,000
P
FOUNDATION
Homeless Families
CAG-09-042
02/09/2009
083215 - UKRAINIAN
Ukrainian Community Center of WA -
CS
12/31/2010
$10,000
$10,000
P
COMMUNITY CNTR OF WA
Russian/Ukrainian Refugee Assistance Project
CAG-09-043
02/09/2009
023956 - EMERGENCY FEEDING
Emergency Feeding Program of Seattle and
CS
12/31/2020
$10,000
$10,000
P
PROGRAM
King County - Provide emergency food to
partnering agencies for distribution
• \\central\sys2. s\informgold\reports\sitespec\renton\reports\cm Brian Hilderman1.,. Page 4 of 1G
CONTRACT ndum
Number nber Fully Executed Contractor
CAG-09-064 02/09/2009 017602 -COMMUNITIES IN
SCHOOL INC
Original ''urrent
Description Division Expiration Contract itract
Amount nount Class
Communities in Schools of Renton - Mentor CS 12/31/2010 $38,316 $38,316 P
Program - $19,158 per year (2 year contract)
CAG-09-065
02/09/2009
066630 - RENTON CLOTHES
Renton Clothes Bank - Provide free clothing to CS
12/31/2010
$22,770
$22,770
P
BANK, C/O JUDY CRAIG
referred low and moderate income individuals
and families residing within the Renton School
District boundaries - $11,385 per year (2 year
contract)
CAG-09-066
02/09/2009
017602 -COMMUNITIES IN
Communities in Schools of Renton - Family
CS
12/31/2010
$24,654
$24,654
P
SCHOOL INC
Liaison Program - $12,327 per year (2 year
contract)
CAG-09-067
02/09/2009
066309 - REFUGEE WOMENS
Refugee & Immigrant Family Support funded
CS
12/31/2010
$20,400
$20,400
P
ALLIANCE
by the 2009-2010 General Fund - $10,200 per
year (2 year agreement)
CAG-09-068
02/09/2009
093463 - YWCA
YWCA - Provide emergency housing for
CS
12/31/2010
$15,120
$15,120
P
homeless families with children for up to 3
months - $7,560 per year (2 year agreement)
CAG-09-072
02/09/2009
Valley Cities Counseling & Consultation -
CS
12/31/2010
$28,000
$28,000
P
Contract for Homeless Family Services
($14,000 a year for 2 years)
LAG-09-002
02/13/2009
3239 - PUTNAM, RICHARD
Richard Putnam -City lease for Hangar H18 -
PBPW
12/31/2999
$10,847
$10,847
R
Term: 2/14/09 - 2/28/09, then month to month.
CAG-09-013
02/18/2009
1067 - KING CNTY
King County Public Health - Injury Prevention
Fire
12/31/2009
$4,500
$4,500
R
Mini -Grant ($4,500 rec. grant)
CAG-09-025
02/17/2009 062710 - PORTLAND ENERGY Portland Energy Conservation, Inc (PECI) - PBPW 02/01/2010
CONSERVATION WashWise financial rebate program for
purchase of resource -efficient clothes washers
$30,314 $30,314 P
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Page 5 of 10
CONTRACT Addendum
Number Number Fully Executed Contractor
CAG-09-028 02/19/2009 042544 - KLEINFELDER
Original Current
Description Division Expiration Contract Contract
Amount Amount Class
Kleinfelder West - 126th Av SE Sanitary Sewer PBPW 08/31/2009 $14,493 $14,493 P
Extension Geotechnical Study
CAR-09-013
02/18/2009
1067 - KING CNTY
King County Public Health - Injury Prevention
Fire
12/31/2009
$4,500
$4,500
R
Mini -Grant ($4,500 rec. grant)
CAG-09-027
02/24/2009
SCORE - Interlocal Agreement to contract for,
Police
12/31/2999
$0
$0
R
establish, & maintain correctional facilities in
furtherance of public safety & welfare -
Renton's portion is 34%
CAG-09-029
02/25/2009
076129 - SOUTH UNION
South Union Neighborhood Assoc -
EDNSP
12/31/2009
$269
$269
P
NEIGHBORHOOD ASSOC
Landscape outside of perimeter along SE 4th
St. & Union Av
CAG-09-030
02/26/2009
Sunset View Garden Club - Placement of a
EDNSP
12/31/2009
$890
$890
P
"Blue Star" memorial marker dedicated to
Veterans at the Renton Senior Activity Center
CAG-09-034
02/27/2009
Non -Disclosure Agreement re: Utility bill
FIS
02/27/2014
$o
$0
M
information transfers
CAG-09-036
02/24/2009
079515 - SYLVIA FEDER
Sylvia Feder - CBT Instructor for EMT
Fire
12/31/2009
$18,600
$18,600
P
instruction & Review Run Reports
CAG-08-201
03/05/2009
073845 - SERVICE ELECTRIC CO
Service Electric Co., Inc. - Liberty Park -
CS
09/01/2009
$234,568
$234,568
P
INC
Ballfield Lighting
CAG-09-031
03/03/2009
068180 - RH2 ENGINEERING INC
RH2 Engineering, Inc. -
PBPW
12/31/2010
$73,867
$73,867
P
\\centra1\sys2, s\informgold\reports\sitespec\renton\reports\cm Brian Hilderman1.i. Page 6 of 1C
Original
"urrent
CONTRACT
` Number
mdum
nber Fully Executed
Contractor
Descriptior
Division
Expiration
Contract
Amount
ntract
Class
,mount
CAG-09-033
03/04/2009
013783 - CAROLLO ENGINEERS
Carollo Engineers - Consultant contract for
PBPW
12/31/2010
$206,418
$206,418
P
PC
2009 Wastewater Lift Station Pre -design
CAG-08-180
03/11/2009
King County - King County interlocal
PBPW
12/31/2011
$0
$0
P
agreement for Bridge Inspection, Maintenance
& Stree Services ($1,190 per inspection when
called)
CAG-09-032
03/09/2009
060717 - PCL CONSTRUCTION
PCL Construction Services, Inc - Reconstruct
CS
04/30/2009
$9,780
$9,780
P
SVCS INC
3 lifeguard tower platforms at Coulon Beach
CAG-09-035
03/12/2009
006378 - ATS AUTOMATION INC
ATS Automation Inc - RCC & Carco Theatre
CS
12/31/2009
$72,317
$72,317
P
DDC Control System Replacement
CAG-09-038
03/13/2009
066451 - REID MIDDLETON INC
Reid Middleton - Structural/Non-structural Plan
PBPW
12/31/2009
$40,000
$40,000
P
Review
CAG-09-039
03/13/2009
Henderson, Young & Company - . Impact Fee
EDNSP
12/31/2009
$121,250
$121,250
P
Study
CAG-09-045
03/13/2009
082396 - TRANSTECH ELECTRIC
TransTech Electric, Inc. - Duvall Ave NE
PBPW
12/31/2009
$14,864
$14,864
P
INC
School Crosswalk Pedestrian Traffic Signal
in -road Warning Flashers
LAG-09-003
03/10/2009
King Co Fire Dist #40 - Asset Transfer to City
AJLS
01/31/2019
$0
$0
M
of Renton
CAG-09-037
03/16/2009
073590 - SENIOR SERVICES OF
Seattle/King County Senior Services - Meals
CS
12/31/2009
$0
$o
M
SEATTLE K/C
on Wheels
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Page 7 of 10
CONTRACT Addendum
Number Number Fully Executed Contractor
CAG-09-044 03/17/2009 066670 - RENTON AREA
YOUTH/FAMILY SVCS
Original Current
Description Division Expiration Contract Contract
Amount Amount Class
Renton Area Youth & Family Services - CS 12/31/2010 $45,387 $45,387 P
2009-2010 General Fund Contract
CAG-09-046
03/19/2009
SCORE - Charter of South Correctional Entity
Police
12/31/2999
$0
$0
M
Public Development Authority (SCORE)
CAG-09-047
03/16/2009
073590 - SENIOR SERVICES OF
Seattle/King County Senior Services -
CS
12/31/2009
$0
$0
M
SEATTLE K/C
Community Dining - social and nutritional
program for low-income elderly citizens
(Congregate Nutrition Program)
CAG-09-048
03/16/2009
086260 - VISITING NURSE SVCS
Footcare services for senior citizens
CS
12/31/2009
$0
$0
M
OF THE NW
CAG-09-049
03/16/2009
Renton Sailing Club - Sailing Lessons at the
CS
03/31/2010
$3,500
$3,500
P
Renton Sailing Club
CAG-09-052
03/17/2009
009258 - BERGER/ABAM
Berger/Abam Engineers, Inc -Emergency
CS
11/10/2009
$6,000
$6,000
P
ENGINEERS INC
Structual Review - Riverview Park Bridge
CAG-09-053
03/17/2009
024363 - EPICENTER SERVICES
Epicenter Services, LLC - Solid Waste
PBPW
12/31/2009
$9,984
$9,984
P
LLC
Annexation Services Negotiation Assistance
CAG-09-050
03/23/2009
069671 - ROTH HILL
Roth Hill Engineering Partners - Sanitary
PBPW
12/31/2009
$113,500
$113,500
P
ENGINEERING PARTNERS, LLC
Sewer Model Conversion and
Updates/Geodatabase Development, Ph II
CAG-09-051
03/24/2009
K&L Preston Gates Ellis, LLP -
AJLS
12/31/2999
$0
$0
M
Acknowledgement & Waiver of Potential
Conflict of Interest - SCORE & SCORE PDA
\\centra1\sys2, 3\informgold\reports\sitespec\renton\reports\cm BrianHilderman1.i, Page 8 of 1C
L
Original
^.urrent
CONTRACT
Number
ndum
iber Fully Executed Contractor
Descriptior Division Expiration
Contract
tract
Class
—
Amount
cunt
. nount
CAG-09-054
03/25/2009 033236 - HEALTHCARE
Healthcare Management Administrators (HMA) HR 12/31/2008
$227,806
$227,806 P
MANAGEMENT ADMIN
- 2008 Administer medical, dental and
prescription claims within the City's self -funded
plan. Finance's number is 227,806.00
CAG-09-055
03/26/2009 073590 - SENIOR SERVICES OF
Senior Services - 2009-2010 Joint Contract - CS 12/31/2010
$7,950
$7,950 P
SEATTLE K/C
General Fund MOU
CAG-09-056
03/25/2009
020390 - DAWN
Domestic Abuse Women's Network (DAWN) -
CS
12/31/2010
$10,000
$10,000
P
2009 - 2010 Community Advocacy General
Fund Contract $5,000 per year
CAG-09-057
03/25/2009
020390 - DAWN
Domestic Abuse Women's Network (DAWN) -
CS
12/31/2010
$28,000
$28,000
P
2009 - 2010 Emergency & Transition Housing
to suvrvivors of Domestic Violence General
Fund Contract $14,000 per year
CAG-09-058
03/25/2009
020390 - DAWN
Domestic Abuse Women's Network (DAWN) -
CS
12/31/2010
$8,000
$8,000
P
2009 - 2010 24 hour Crisis Line - General Fund
Contract $4,000 per year
CAG-09-059
03/24/2009
058565 - OTAK INC
OTAK, Inc. - Wetland/Streams Consultant
EDNSP
12/31/2009
$15,000
$15,000
P
CAG-09-061
03/25/2009
089900 - WA WOMEN
WA Women's Employment & Education -
CS
12/31/2010
$20,000
$20,000
P
EMPLOYMENT/EDUCATION
2009-2010 General Fund Contract
CAG-09-062
03/26/2009
1067 - KING CNTY
Seattle -King County Department of Public
Fire
12/31/2013
$4,000
$4,000
R
Health - Student CPR Training Program
following American Heart Assoc curriculum
CAG-09-073
03/23/2009
Wa Transportation (WSDOT) - Maplewood
CS
12/31/2009
$7,152
$7,152
P
MSE Wall Repair
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CONTRACT Addendum
Number Number Fully Executed Contractor
CAG-09-074 03/26/2009
I LAG-09-004
I CAG-09-060
CAG-09-063
03/25/2009
Description Division Expiration
FSH Communications - Inmate Phones - Police 03/26/2012
Commission for 3 years and then auto renewal
for 1 year terms
Comcast - Institutional Network Lease AJLS 12/31/2058
Agreement (I -Net) ($1.00 per year for 50 years)
03/30/2009 070327 - SALVATION ARMY, THE Salvation Army Renton Corps - Agreement CS
with the Salvation Army Renton Corps for 2009
Renton Emergency Assistance Program
(REAP)
Original Current
Contract Contract
Amount Amount Class
$0 $0 R
$50 $50 P
12/31/2009 $17,000 $17,000 P
03/30/2009 061591 - PETRIZZO STRAGEGIC Petrizzo Strategic Group - Federal Lobbyist EDNSP 12/31/2009 $62,500 $62,500 P
GROUP
Fully Executed Contracts This Period: 84
P = Payables $3,105,195
R = Receivables $193,096
M = Misc $0
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\\central\sys2 \informgold\reports\sitespec\renton\reports\cm Brian Hilderman1.I Page 10 of 1
CITY OF RENTON COUNCIL AGENDA BILL
submitting Data:
Dept/Div/Board.. CED/Long Range Planning
Staff Contact...... Angie Mathias x.6576
Shamrock Annexation
nlnits:
King County Boundary Review Board Closing Letter
Map
Ordinances
Agenda of:
April 27, 2009
Consent ..............
Public Hearing..
Correspondence..
Ordinance .............
Resolution........... .
Old Business........
New Business.......
Study Sessions......
Information........ .
X
X
Recommended Action: Approvals:
Council concur Legal Dept......... X
Finance Dept......
Other.
Fiscal Impact:
Expenditure Required... Transfer/Amendment.......
Amount Budgeted....... Revenue Generated.........
Total Project Budget N/A City Share Total Project..
On February 2, 2009 City Council held a public hearing in the matter of the proposed Shamrock
Annexation. Following that public hearing Council accepted the 60 % petition and authorized the
administration to forward a Notice of Intent to the King County Boundary Review Board (BRB).
On April 17, 2009, the BRB issued a Closing Letter for Completed Action indicating it's approval
of the annexation. The next step in the annexation of this area is for Council to hold a second
public hearing in the matter of zoning. Following that public hearing, the Council may adopt the
ordinance annexing the Shamrock area and the ordinance establishing zoning. City departments
conducted a review of the annexation proposal and all departments indicated that the annexation
represents a logical extension of their services and raised no concerns.
STAFF RECOMMENDATION:
Council set May 18, 2009, for a public hearing to hold the second public hearing in the matter
of zoning the Shamrock annexation area. Also, to adopt the ordinances regarding annexation
and zoning.
Washington State Boundary Review Board
For King County
Yesler Building, Room 240, 400 Yesler Way, Seattle, WA 98104
Phone: (206) 296-6800 • Fax: (206) 296-6803 • http://www.kingcounty.gov/annexations
April 17, 2009
City of Renton
Attn; Angie Mathias,
Associate Planner
1055 South Grady Way
Renton, WA 98057
RE: CLOSING LETTER FOR COMPLETED ACTION - File No. 2292 - City of Renton -
Shamrock Annexation
Dear Ms. Mathias:
We are writing to advise you that the Boundary Review Board has now completed the required
Evaluation, as specified in RCW 36.93, for the above -referenced proposed action filed with the
Board effective: March 2, 2009.
The Boundary Review Board also provided a 45-day public review period March 2 - April 16,
2009, as prescribed by RCW 36.93. The Board received no request for a public hearing of this
proposed action during the public review period.
The Boundary Review Board, therefore, hereby deems this proposed action approved effective:
April 17, 2009. Final approval of the proposed action is also subject to the following actions,
where applicable:
1. 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.
2. Filing with King County of franchise application(s), as required, accompanied by a copy of
this letter.
3. Filing with King County of permit application(s), as required, accompanied by a copy of this
letter.
4. Fulfillment of all other statutory requirements and/or procedures specified in your Notice of
Intention.
Page two continued, April 17, 2009
Form 13
5. Notification in writing of your intended effective date of annexation. This notification should
be provided as early as possible. Please send this information to Gwen Clemens, Chinook
Building, King County Office of Strategic Planning & Performance Management (OSPPM),
401 Fifth Avenue, Suite 810, Seattle, Washington 98104, and
6. Filing with King County Council of: (1) one certified copy of final resolution or ordinance
accomplishing this proposed action; and (2) a copy of this letter. This document should be
filed with the Clerk of the Council (Attn: 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,
Lenora Blauman
Executive Secretary
cc: Anne Noris, Clerk of the Council
Dave Wilson, Elections Division
Hazel Gantz, Department of Assessment
Lydia Reynolds -Jones, Manager, Project Support Services
King County "911 " Program
Paul Reitenbach, Department of Development & Environmental Services
Gwen Clemens, Office of Strategic Planning & Performance Management (OSPPM)
Connie Wong, Facilities Management Division, Real Estate Section
Anne Lockmiller, Facilities Management Division, Real Estate Section
o~nY o� Department of Community
& Economic Development
�N.ro
Alex Pietsch, Administrator
Adrian Johnson, Planning Technician
Shamrock Annexation
March 13, 2009 IN _ I City Limits
430 860 C..]AnnexArea
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1:10,000
Produced by Ci tv of Renton (c) 2009. the City of Re nten all rights
--se Nen P;c warranfies of any sort including bul not llmrted to
School Site
Parks
File Name: CED\Planning\GIS\GIS_projects\annexations\
shamock__annex— area\mxds\shamrock _annex —annex council _map_B& W.mxd
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON
ANNEXING CERTAIN TERRITORY OF THE CITY OF RENTON
(SHAMROCK ANNEXATION; FILE NO. A-08-001)
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 September 26, 2008.
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 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, December 11, 2008
and determined that the signatures represent a majority of the annexation area's assessed
value (excluding streets), as provided by law; and
WHEREAS, the Department of Community and Economic Development 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 February 2, 2009, 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 April 17, 2009; 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
2
ORDINANCE NO.
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 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 Exhibits "A" attached hereto and made a part hereof as if fully set
forth herein
[Said property, approximately 124-acres, is bordered by the existing City
limits to the north, south, and west, with the Urban Growth Boundary to
the east; 148th Avenue SE intersects the annexation area.]
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 Washington, and as. otherwise provided by law.
PASSED BY THE CITY COUNCIL this day of , 2009.
Bonnie I. Walton, City Clerk
3
ORDINANCE NO. _
APPROVED BY THE MAYOR this day of
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD.+:+:ma.
S
Denis Law, Mayor
2009.
EXHIBIT A
SHAMROCK ANNEXATION
LEGAL DESCRIPTION
Those portions of the East half of the Northeast and Southeast quarters of Section 10 and the
West half of the Northwest and Southwest quarters of Section 11, all in Township 23 North,
Range 5 East, W.M., King County, Washington, described as follows:
Beginning at the point of intersection of the north line of the South half of the Northeast quarter
of the Northeast quarter of said Section 10 with the westerly right of way margin of 148t'
Avenue SE, said point also being a point on the existing City limits of the City of Renton as
annexed by City of Renton Ordinance No. 5147;
Thence easterly along said north line, leaving said City limits, to an intersection with the Section
line common to said Sections 10 and 11;
Thence easterly along the north line of the South half of the Northwest quarter of said Northwest
quarter to the easterly right of way margin of 148t' Avenue SE;
Thence southerly along said easterly margin to an intersection with the north line of said
Southwest quarter;
Thence easterly along said north line to the northeast corner of the Northwest quarter of said
Southwest quarter and a point on the existing City limits of the City of Renton as annexed by
City of Renton Ordinance No. 4829;
Thence generally southerly, westerly, northerly and northeasterly, clockwise, along the various
courses of the existing City limits of the City of Renton as annexed by City of Renton Ordinance
Nos. 4829,4760, 4924, 5203, 5161, 5096, 5147 to the Point of Beginning.
i
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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
KING COUNTY R-4 ZONING (URBAN RESIDENTIAL 4 DU PER
GROSS ACRE) TO CITY OF RENTON R-4 (RESIDENTIAL 4
DU/AC; FOUR DWELLING UNITS PER NET ACRE)
(SHAMROCK ANNEXATION, FILE NO. A-08-001).
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 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 February 2, 2009, and the
second hearing being held on May 11, 2009, 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:
1
ORDINANCE NO.
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
Community and Economic Development Administrator is hereby authorized and directed
to change the maps of the zoning ordinance, as amended,. to evidence said rezoning, to
wit:
See Exhibits "A" attached hereto and made a part hereof as if fully set
forth herein.
[Said property, approximately 124-acres; is generally bounded by the existing
City limits of Renton on the north, west, and south, with the Urban Growth
Boundary immediately to the east. 148th Avenue Southeast intersects the
area.]
SECTION II. This ordinance shall be effective upon its passage,
approval, and five days after its publication.
PASSED BY THE CITY COUNCIL this day of , 2009.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of , 2009.
Denis Law, Mayor
2
ORDINANCE NO.
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD.+:+:ma.
EXHIBIT A
SHAMROCK ANNEXATION R-4 ZONING
LEGAL DESCRIPTION
Those portions of the East half of the Northeast and Southeast quarters of Section 10 and the
West half of the Northwest and Southwest quarters of Section 11, all in Township 23 North,
Range 5 East, W.M., King County, Washington, described as follows:
Beginning at the point of intersection of the north line of the South half of the Northeast quarter
of the Northeast quarter of said Section 10 with the westerly right of way margin of 148th
Avenue SE, said point also being a point on the existing City limits of the City of Renton as
annexed by City of Renton Ordinance No. 5147;
Thence easterly along said north line, leaving said City limits, to an intersection with the Section
line common to said Sections 10 and 11;
Thence easterly along the north line of the South half of the Northwest quarter of said Northwest
quarter to the easterly right of way margin of 148th Avenue SE;
Thence southerly along said easterly margin to an intersection with the north line of said
Southwest quarter;
Thence easterly along said north line to the northeast corner of the Northwest quarter of said
Southwest quarter and a point on the existing City limits of the City of Renton as annexed by
City of Renton Ordinance No. 4829;
Thence generally southerly, westerly, northerly and northeasterly, clockwise, along the various
courses of the existing City limits of the City of Renton as annexed by City of Renton Ordinance
Nos. 4829, 4760, 4924, 5203, 5161, 5096, 5147 to the Point of Beginning.
EXCEPT roads.
CITY OF RENTON COUNCIL AGENDA BILL
Data:
Dept/Div/Board.. Fire and Emergency Services
Department/Emergency
Management
Staff Contact...... Emergency Management Director
Deborah Needham
>ubject:
Acceptance of the Washington State Military
Department contract # D09-044 providing
reimbursement for expenses incurred in the January
2009 flooding, FEMA Disaster 1817-DR-WA.
Issue Paper
Contract
Al #:
April 27, 2009
Consent ..............
Public Hearing...
Correspondence..
Ordinance .............
Resolution........... .
Old Business........
New Business.......
Study Sessions......
Information........ .
X
1:1
Recommended Action: Approvals:
Legal Dept......... X
Council Concur Finance Dept......
Other...... Risk Management X
-iiscal Impact:
Expenditure Required... n/a
Amount Budgeted....... n/a
Total Project Budget n/a
Y OF ACTION:
Transfer/Amendment...... .
Revenue Generated........
Share Total Project..
Approximately
$3.6 million or
more
n/a
The City has qualified for a Washington State Public Assistance Grant to receive 75 % or more of
eligible non -insurance covered damages sustained by the City during the storm period of January
61h - 161h, 2009. The grant is through the Washington State Military Department of Emergency
Management Division. The estimated eligible expenses are in excess of $4.8 million dollars.
I:VSIW-SX03031u l D10
Authorize the Mayor and City Clerk to execute the Washington State Military Department Public
Assistance Grant Agreement D09-044.
I i O� FIRE & EMERGENCY SERVICES
+ DEPARTMENT
-.TT4� M E M O R A N D U M
DATE: April 27, 2009
TO: Randy Corman, Council President
Members of the City Council
VIAL Denis Law, Mayor
FROM: I. David Daniels, Fire Chief/Emergency Services Administrator
STAFF CONTACT: Deborah Needham, Emergency Management Director
SUBJECT: Washington State Military Department Contract for
Reimbursement for January 2009 storms
Issue
Washington State has prepared a contract for State Grant D09-044, relaying FEMA
reimbursement to the City. The contract requires the Mayor's signature to accept
reimbursement for disaster expenses incurred during the storm period of January 6-16,
2009.
Backiround
The disaster application process with the State has been completed. Depending upon the
share which the State will assume, the City of Renton will receive approximately $3.6-
$4.2 million dollars in reimbursements if approved. The contract for the Public
Assistance Grant will govern all eligible projects.
RECOMMENDATION
Staff recommends that the City of Renton Council concur to accept the contract for Grant
D09-044 with the State, and authorize the Mayor to sign the contract on behalf of the
City of Renton.
Washington State Military Department
PHRi tr AC_QtCT'AAir'F rZRANT Ar:RFFMFAiT FAr:F SHEET
1. Applicant Name and Address:
2. Total Project Amount:
3. Grant Number:
City of Renton
To be determined, based upon
D09-044
approved project worksheets
4. Applicant Agent, phone number:
5. Grant Start Date:
6. Grant End Date:
January 30, 2009
January 29, 2013
7. MD Program Manager/phone number.
8. Data Universal Numbering System
9. UBI # (state revenue): -
Gerard Urbas, (253) 512-7402
(DUNS):
10. Funding Authority:
Washington State Military Department (the "Department"), and Federal Emergency Management Agency (FEMA)
11. Funding Source Agreement #
12. Program Index #
13. Catalog of Federal Domestic Asst. (CFDA)
14. TIN or SSN:
FEMA-1817-DR-WA
794XC/794XD
# & Title: 97.036, Public Assistance
91
792XE
15. Service Districts:
16. Service Area by County(ies):
17. Women/Minority-Owned, State
(BY LEGISLATIVE DISTRICT): Mh
(BY CONGRESSIONAL DISTRICT): h
King County
Certified?: X WA ❑ NO
❑ YES, OMWBE#
18. Contract Classification:
19. Contract Type (check all that apply):
❑ Personal Services ❑ Client Services X Public/Local Gov't
❑ Contact X Grant X Agreement
❑ Collaborative Research ❑ A/E ❑ Other
.❑ Intergovernmental (RCW 39.34) Q Interagency
20. Contractor Selection Process:
21. Contractor Type (check all (hat apply)
X 'To all who apply & qualify" ❑ Competitive Bidding
❑ Private Organizationlindividual ❑ For -Profit
❑ Sole Source ❑ A/E RCW ❑ N/A
X Public Organization/Jurisdiction X Non -Profit
❑ Filed w/OFM? ❑ Advertised? ❑ YES ONO
❑ VENDOR ❑ SUBRECIPIENT X OTHER
22. BRIEF DESCRIPTION:
Presidential Disaster Declaration # FEMA 1817-DR-WA—Severe Winter. Stomas 2009:To provide funds to the
Applicant for the repair or restoration of damaged public facilities as approved by the Federal Emergency
Management Agency in project worksheets describing eligible scopes of work and associated funding, which are
incorporated herein by this reference.
IN WITNESS WHEREOF, the Department and Applicant acknowledge and accept the terms of this Grant Agreement,
the.
exhibits, references and attachments hereto and have executed this Grant Agreement as of the date and year written
below. This Grant Agreement Face Sheet, Special Terms and Conditions, General Terms and Federal and
State Requirements and Assurances, and any other attachments or references govern the rights .and obligations of both
parties to this Grant Agreement.
In the event of an inconsistency in this Grant Agreement, unless otherwise provided herein, the inconsistency shall be
resolved by giving precedence in the following order:
i. Applicable Federal and State Statutes and Regulations
2. Statement of Work and/or Project bescription as outlined in FEMA approved Project. Worksheets)
3. SpecialTerms and Conditions
4. General. -Terms and Conditions,. and,
5. Other Or ions of the contract incorporated by reference.
This Grant Agreement, .including all attachments, contains all the terms and conditions agreed upon by the parties. No
other understandings, .oral'or otherwise, regarding the subject matter of this Grant Agreement shall be`deemed to exist or to
bind any of the parties hereto.
WHEREAS, the parties hereto have executed this Grant Agreement on the day and year last specified below.
FOR THE DEPARTMENT: FOR THE APPLICANT:
Signature Date Signature Date
James M. Mullen, Director print or type name:
Emergency Management Division
Washington State Military Department APPROVED AS TO FORM:
APPROVED.AS TO FORM:
Sara J..Finlay (signature on file) 2/6/2009 Applicant's Legal Review Date
Assistant Attorney General
Form 70/2T190 KOb
Public Assistance Grant /agreement 2/09 Page 1 of 15 City of Renton
D09-044
SPECIAL TERMS AND CONDITIONS
ARTICLE I — COMPENSATION SCHEDULE
1. FUNDING
The DEPARTMENT will administer the Public Assistance Grant Program and reimburse approved
eligible Public Assistance costs to the APPLICANT that are identified under the auspices of Presidential
Emergency Declaration Number FEMA-1817-DR-WA and authorized by and consistent with the
Stafford Act (P.L. 93-288, as amended) and applicable regulations. It is understood that no final dollar
figure is committed to at the time that this Grant Agreement is executed, but that financial commitments
will be made by amendments to the project application as Project Worksheets are completed in the field
and. projects are authorized by state and federal officials. See Attachment #1-Project Worksheet
sample.
Pursuant to the FEMA-STATE AGREEMENT, the Federal Emergency Management Agency (FEMA)
will contribute 75 percent of the eligible costs for any eligible project and 100 percent of the
administrative costs, as provided for in subsection 3.D. of Article I. The APPLICANT will commit to the
remaining 25 percent non-federal match to any eligible project that has been identified under the
Presidential Disaster Declaration number FEMA-1817-DR-WA, subject to the following exception:
Donated Resources: FEMA will credit an APPLICANT for the value of certain volunteer labor,
donated equipment, and donated materials used in the performance of eligible emergency work
— categories A and B, referred to as Donated Resources. The Donated Resources are
recognized by FEMA in a Project Worksheet. Donated Resources offset the non-federal share
of the eligible emergency work approved in Project Worksheets. For non -state agency
applicants, the donated resource value will first be applied to the APPLICANTS non-federal
share, and any remaining donated resource value will be applied to the DEPARTMENT's share.
The value of the Donated Resources are calculated as described in FEMA Policy 9525.2, and
are capped at the non -Federal share of approved eligible emergency work costs. The Federal
share of the Donated Resources will not exceed the non-federal share of eligible emergency
work costs approved in Project Worksheets. Any excess .credit can be credited only to other
eligible emergency work costs, for the same APPLICANT in the same disaster. The value of
excess donated resources cannot be. credited toward or transferred to another eligible
PPLGANT,,�r%wartl-other iigations.
See Attachment #1— Project Worksheet;sample.
2. GRANT AGREEMENT PERIOD.
Activities payable under this Grant Agreement and to be performed by the APPLICANT under this
Grant Agreement shall be those activities. which occurred during or subsequent to the: incident'period
defined in the FEMA-State Agreement, and shall terminate upon completion of the projects) approved
by federal and state officials, including :completion of close-out and audit. This period shall be referred
to as the "Grant Agreement Period."
3: PAYMENTS
The DEPARTMENT, using funds granted:for.the purposes of the Presidential Disaster Declarationi from
FEMA, shall issue payments to the APPLICANT in compliance with the Washington State Public
Assistance Applicant Manual procedures as follows:
A. Small Project Payments: Payments are made for all small projects to the APPLICANT upon
submission and approval of an A19-IA State of Washington Invoice Voucher to the
DEPARTMENT, after FEMA has. approved funding through approval of Project Worksheets.
B. Progress Payments: Progress payment of funds for costs already .incurred .on: large projects j
minus 1.0 percent retafnage :may be made to the APPLICANT upon submissh n by the
APPLICANT of an A19-1A State of Washington invoice Voucher, a 'letter .of :request, and a
spreadsheet identifying :the, claimed;costs supporting the. payment request and approvalb y the
DEPARTMENT.
Public Assistance Grant Agreement-2/09 Page 2 of 15 City of.Renton
D09-044
C. Improved Projects: Payments on improved projects will be pro -rated based upon the
percentage of the project that is funded under this disaster grant to the overall project cost. This
percentage will be identified when the first payment on the improved project is made. Progress
payments will be made as outlined above in Section B.
D. Final Payment: Final Payment on a large project will be made following submission by the
APPLICANT of a certification of completion on the STATEMENT OF DOCUMENTATION/FiNAL
INSPECTION REPORT form upon completion of project(s), completion of all final inspections by
the DEPARTMENT, and final approval by FEMA. Final payment on a large project will include
any retainage withheld during progress payments. Final payments may also be conditional upon
financial review, if determined necessary by the DEPARTMENT or FEMA. Adjustments to the
final payment may be made following any audits conducted by the Washington State Auditor's
Office, the United States Inspector General or other federal or state agency.
E. The APPLICANT is eligible to receive $100 for federal indirect costs, upon completion and
closure of the disaster grant. Documentation of costs involved with attending applicant briefing,
kick off meeting, and the exit meeting should be retained in the APPLICANT's files to support
federal indirect cost reimbursement.
F. All payment requests shall be made on an M9-1A form, State of Washington, Invoice Voucher.
Payments will be made by electronic fund transfer to the APPLICANT's account.
G. Federal funding shall not exceed the total federal contribution eligible for Public Assistance
costs under Presidential Disaster Declaration number FEMA 1817-DR-WA,
H. For state agencies, the DEPARTMENT will, through interagency reimbursement procedures,
transfer payment to the APPLICANT. Payment will be transferred by journal voucher to Agency
No. Accounting Fund No. t
ARTICLE iI — DOCUMENTATION
The APPLICANT is required to retain all documentation which adequately identifies the source and application
of Public Assistance funds, including the federal indirect cost reimbursement, for six years following the closure
of this disaster grant. For all funds received, source documentation includes adequate accounting of actual
costs and recoveries incurred.
ARTICLE IiI - QUARTERLY REPORTS
The APPLICANT is required to submit to the DEPARTMENT a quarterly report indicating the status of all their
large .projects. The status shall identify the costs incurred to date, the percentage of work completed, the
anticipated completion date of the project and whether cost under runs or over runs are expected. ` In addition,
the,APPLICANT should note in the comment field any challenges or issues associated with the project. Failure
torsubmit a complete quarterly report within 15 days following the end of the.quarter will result in suspension of
ail..payments to the APPLICANT until a complete quarterly,report is receiveci.:by the DEPARTMENT..
AfgTICLE IV — TIME EXTENSIONS
A tlme extension request is required to be forwarded to the DEPARTMENT by the APPLICANT for, a project
prior -to the expiration of the approved completion .date. If the project is approved and funded after. the statutory
approval time period for completion, then a time extension request must. be submitted to the DEPARTMENT
within fifteen days of receipt of the funding..package. .
A time extension request must be in writing and identify the project wrksheet number, the reason the project
has not been completed within the prior approved. completion period, a current status of the completion of the
work, a.detailed timeline for completion of the remaining elements, and an .anticipated completion date for the
completion of the remaining work. Failure to sulmlt a. time extension request in a timely manner will .result in
denial of the time extension and loss of fundingfor the related project.
ARTICLE V - CLOSE-OUT .
To initiate. close-out; the APPLICANT is required to certify in writing, by Project Worksheet Number; .date
completed and total amount expended on the project, completion of the small projects. To. initiate close.=out.of
Public Assistance Grant Agreement-2109 Page 3 of 15 City of Renton
D09-044
the large projects, the APPLICANT shall submit certification of completion on a STATEMENT OF
DOCUMENTATIONXINAL INSPECTION REPORT form to the DEPARTMENT.
The DEPARTMENT will then complete a site inspection and a financial review of documentation to support the
claimed costs. Certifications on small and large projects are due within sixty days following the completion of
the projector receipt of the approved Project Worksheet, whichever date is later.
After all of the projects have been certified as complete and approved for closure by FEMA, the
DEPARTMENT will forward a final A19-1A State of Washington Invoice Voucher to the APPLICANT for release
of the remaining funds due to the applicant for eligible costs, including any retainage previously withheld.
ARTICLE VI — KEY PERSONNEL
The individuals listed below shall be considered key personnel and point of contact. Any substitution by either
party must be submitted in writing.
APPLICANT: DEPARTMENT:
Name: Staff name: Gerard Vrbas
Title: Title: Deputy State Coordinating Officer
Public Assistance
E-mail address: E-Mail: g.urbas@emd.wa.gov
Phone Number. Phone Number: (253) 512-7402
ARTICLE VII - ADMINISTRATIVE REQUIREMENTS
A. The APPLICANT shall comply with the following OMB Circulars as applicable to their organization:
• Cost Principles
o OMB Circular A-87, as revised, Cost Principles for State, Local and Indian Tribal
Governments. OMB Circular A 87 and program regulations will be used to determine costs
for nonprofit hospitals funded under FEMA grants.
o OMB Circular A-2 1, as revised, Cost Principles for Educational institutions
o OMB Circular A 122, as revised, Cost Principles for Non -Profit Organizations
• Administrative Requirements
o OMB A-102, as revised, Grants and Cooperative Agreements with State and Local
Governments
o OMB A-110; as revised, Grants and Cooperative Agreements with Institutions of Higher
Education, Hospitals, and Other Non -Profit Organizations
• Audit Requirements
o OMB A-133, as revised, Audits of States, Local Governments, and Non -Profit Organlzations
B. The APPLICANT will comply with the federal_ regulations in 44 CFR :Parts 7, 9, 10, 13, 14, 17, 18; and
208;:and the state requirements in the Washington State Public Assistance Applicant Manual, dated
February 2009.
C. Federal. funding is provided by .the Federal Emergency Management Agency (FEMA). and .is
administered by the DEPARTMENT. Under the authority of Presider fiat Disaster Declaration niacn er
FEMA-1:817-DR-WA, the DEPARTMENT is reimbursing the APPLi. for those approvetl eligible
#s,anc! activities necessary under the Public Assistance Grant.:Program during the incident period
beginning January 6-16, 2009. Eligible costs and activities will be identified in Project _Worksheets
approved by FEMA.
Public Assistance Grant Agreement-2/09 Page 4 of 15 Ctty of R.e
Exhibit A
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Assistance Grants
A.1 DEFINITIONS
As used throughout this Grant Agreement, the following terms shall have the meaning set forth below:
a. "Department" shall mean the Washington State Military Department, as a state agency, any
division, section, office, unit or other entity of the Department, or any of the officers or other officials
lawfully representing that Department.
b. "Applicant" shall mean a state agency, local government, tribal government, special purpose
district, or an eligible private nonprofit organization submitting an application to the Governor's
Authorized Representative for disaster recovery assistance.
c. "Applicant Agent" shall mean the official representative and alternate designated or appointed by
the Applicant and authorized to make decisions on behalf of the Applicant.
d. "Grantee" shall mean the government to which a grant is awarded and which is accountable for the
use of the funds provided. The Grantee is an entire legal entity even if only a particular component
of the entity its designated in the grant award document For the purpose of this Grant Agreement,
the state is the Grantee. The Grantee and the DEPARTMENT are one and the same.
e. "Monitoring Activities" shall mean all administrative, construction, financial, or other review
activities that are conducted to ensure compliance with all state and -federal rules, authorities or
policies.
d. "Subgrantee" shall mean the government or other eligible legal entity to which a subgrant is
awarded and which is accountable to the Grantee for the use of the funds provided. The
Subgrantee and Applicant are one and the same.
e. "Project" shall mean those. actions funded through the Public Assistance Program and described
In approved Project Worksheets. Projects may include one or more of the following: reimbursement
of costs for emergency response, debris removal and/or repair or restoration of damaged public
facilities. A project may be a small, large, improved, or alternate project
f. "PL" — is defined and used herein to mean the Public Law.
g. "CFR" — is defined and used herein to mean the Code of Federal Regulations.
h. "OMB" — is defined and used herein to mean the Office of Management and Budget.
i. "WAC" — is defined and used herein to mean the Washington Administraiive Code.
J. "RCW" — is defined and used herein to mean the Revised Code of Washington.
A.2 RECORDS AND REPORTS
a. The APPLICANT agrees to maintain all books, records, documents, receipts, invoices and all other
electronic or written, records necessary to sufficiently and properly reflect the APPLICANTS
contracts, contract administration, and payments, including all direct and indirect charges, and
expenditures in the performance of this Grant Agreement.
b. The.AF'PLICANT's records related to this Grant Agreement and the. pio!ects.funded hereunder may
be inspected by the DEPARTMENT or the Director, or their designees, by.designees of tte Office
of the State Auditor, ::the Federal Emergency. Management Agency: or .their designees, or the
Comptroller General of..the United States or designees or by pfher federal officials authorized
their
by law, for the purposes of determining complig.rice by the APPLICANT with. the terms of this Grant
Agreement and to determine the appropriate. level of funding to be paid::under the subject Grant
Agreement.
c. The records shall be made available by the. APPLICANT together %w.th suitable space for such
inspection at any and all.iimes during the APPLICANTs normal working day.
d. The APPLICANT shall retain all records and allow access related to this Grant Agreement and the
funded project(s) for a period of at least six (6) .years following .final payment and closure of the
.grant under this Grant Agreement
A.3 WAIVERS
lUo conditions or provisions of :this Grant Agreement can be waived unless approved in advance.by the
DEPARTMENT in writing. The DEPARTMENTs failure to insist upon strict :performance of any
provision of the Grant Agreement or to exercise any right based upon a breach thereof, or the
Public Assistance Grant Agreement-2J09 Page 5 of 15 City of Renton
Dog 144
acceptance of any performance during such breach, shall not constitute a waiver of any right under this
Grant Agreement.
A.4 AMENDMENTS AND MODIFICATIONS
The APPLICANT or the DEPARTMENT may request, in writing, an amendment or modification of this
Grant Agreement. However, such amendment or modification shall not take effect until approved, in
writing, by the DEPARTMENT and the APPLICANT.
A.5 TERMINATION AND OTHER REMEDIES
a. If, through any cause, the APPLICANT shall fail to fulfill in a timely and proper manner its
obligations under this Grant Agreement or if the APPLICANT shall violate any of its covenants,
agreements, or stipulations of this Grant Agreement, the DEPARTMENT shall thereupon have the
right to terminate this Grant Agreement and withhold the remaining allocation if such default or
violation is not corrected within thirty (30) days after submitting written notice to the APPLICANT
describing such default or violation.
b. Notwithstanding any provisions of this Grant Agreement, either party may terminate this Grant
Agreement by providing written notice of such termination, specifying the effective date thereof, at
least thirty (30) days prior to such date.
c. Reimbursement for APPLICANT services performed, and not otherwise paid for by the
DEPARTMENT prior to the effective date of such termination shall be as the DEPARTMENT
reasonably determines.
d. The DEPARTMENT may unilaterally terminate all or part of this Grant Agreement, or may reduce its
scope of work and budget, if there is a reduction in funds by the source of those funds, and if such
funds are the basis for this Grant Agreement.
A.6 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES
The APPLICANT and all its contractors shall comply with, and the DEPARTMENT is not responsible for
determining compliance with, any and all applicable federal, state, and local laws, regulations,
executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited to:
nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended),
the Americans with Disabilities Act (ADA), the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against
Contingent Fees (48 CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages .on
Public Works (RCW 39.12). State Environmental Policy Act (RCW 43.21 C), Shoreline Management Act
of 1971 (RCW 90.58), State Building Code (RCW 19.27), Energy Related Building Standards :(RCW
19.27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and
health regulations.
AY LEGAL RELATIONS
It is understood and agreed that this Grant Agreement is solely for the benefit of the parties to the. Grant
Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of
this Grant Agreement.
To the extent. allowed by law, the APPLICANT, its successors or assigns, will protect, save aitd;hold
harmless the DEPARTMENT, the State .of Washington, and the United States Government an., 'tv eir
authorized agents and employees, from all claims; actions, costs, damages or expenses of any nature
whatsoever by. reason of the acts or omissions of the APPLICANT, its subcontractors, assigns, -agents,
contractors, consultants, licensees, invitees, employees or any person whomsoever arising out of -or in
connection with any acts or activities authorized by this Grant Agreement.
To the extent allowed by law, the APPLICANT further agrees to defend the DEPARTMENT and the
State of Washington and their. authorized agents_ and employees in any litigation; including payment of
any'costs or attorneys' fees for.any claims or action commenced thereon arising. out of or in connection
with acts: or activities authorized by this Grant Agreement.
This obligation shall not include.such claims,. costs., damages or expenses°which may be, caused by the
sole. negligence of the DEPARTMENT; provided, that if the claims or damages are caused by or restjlt
from the concurrent negligence of (1) the .DEPARTMENT; and (2) .the APPLICANT, its agents; or
employees; this indemnity provision shall be valid and enforceable only to the extent. of 'thenegligence
of the APPLICANT, or APPLICANTs agents or employees.
Public Assistance Grant Agreement 2/09 Page 6 of 15 City of,Renton
D09-044
i
Insofar as the funding source, the Federal Emergency Management Agency (FEMA), is an agency of
the federal government, the following shall apply:
44 CFR 206.9 Non -liability. The federal government shall not be liable for any claim based upon the
exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the i
part of a federal agency or an employee of the federal government in carrying out the provisions of the
Stafford Act.
A.8 ACKNOWLEDGMENTS
The APPLICANT shall include language which acknowledges the funding contribution of the
DEPARTMENT and FEMA to this project in any release or other publication developed or modified for,
or referring to, the project.
A.9 APPLICANT NOT EMPLOYEE
The APPLICANT, and/or employees or agents performing under this Grant Agreement are not
employees or agents of the DEPARTMENT in any manner whatsoever. The APPLICANT will not be j
presented as nor claim to be an officer or employee of the DEPARTMENT or of the State of
Washington by reason of this Grant Agreement, nor will the APPLICANT make any claim, demand, or f
application to or for any right or privilege applicable to an officer or employee of the DEPARTMENT or
of the State of Washington by reason'of this Grant Agreement, including, but not limited to, Workmen's E
Compensation coverage, unemployment insurance benefits, social security benefits, retirement
membership or credit, or privilege or benefit which would ' accrue to a civil service employee under
Chapter 41.06 RCW.
It is understood that if the APPLICANT is another state department, state agency, state university, state j
college, state community college; state board, or state commission, that the officers and employees are
employed by the state of Washington in their own right and not by reason of this Grant Agreement.
A.10 NONDISCRIMINATION
The APPLICANT shall comply with all applicable federal and state non-discrimination laws, regulations,
and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation,
religion, national origin, marital status, honorably discharged veteran or military status, or disability
(physical, mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination.
under any. project, program, or activity, funded, in whole or in part,. under this Grant Agreement.
A.11 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE
The APPLICANT is encouraged to utilize business firms `that are certified as minod"wned and/or
women -owned in carrying out the purposes of this Grant Agreement: The APPLICANT may set
utilization standards, based upon local conditions or may utilize the state of :Washington MWBE goals,
as identified in WAC 326-30-041.
A.12 CONFLICT OF INTEREST .
No officer_'or employee. of the DEPARTMENT; no member, officer, or employee. of the APPLICANT or
its designees or agents; no member of the goveming..body of the jurisdiction in which the project;is.
undertaken or located; and .no.other official of such locality or localities who;exercises any functioris.or
responsi[iities with respect to the project during his or tier tenure, shall have -any personal or pecuniary
gain or'icitgrest; direct or indirect, in any contract, subearitract, or the proceeds thereof, for work to:be
performod'.1n connection with the project assisted under this Grant Agreement. The APPLICANT shall
incorporate, or cause to incorporate, in all such contracts or subcontracts; a provision prohibiting such
interestpursuant to this provision.
A.13 VENUE...
This Grant Agreement shall be construed and enforced in accordance with, and the validity and
performance hereof shall be governed by the laws of. the state of Washington. Venue of any suit
between the.parties arising put .ofithis Grant Agreement shall be.the Superior Court of Thurston County,.
Washington. The APPLICANT;. by execution of this Grant Agreement acknowledges. the jurisdiction of
the courts of the State.of Washington.
A.14 OWNERSHIROF PROJECT/CAPITAL FACILITIES
The :DEPARTMENT makes no claim to any capital facilities or real property improved or constructed
witf funds under this Grant Agreement, and by this grant of funds does not and will not acquire any
Public Assistance Grant Agreement 2/09 Page 7 of 15 City of R -0on
ownership interest or title to such property of the APPLICANT. The APPLICANT shall assume all
liabilities arising from the ownership and operation of the project and agrees to hold the DEPARTMENT
and the state of Washington and the United States government harmless from any and all causes of
action arising from the ownership and operation of the project.
A.15 SEVERABiLITY
If any court of rightful jurisdiction holds any provision or condition under this Grant Agreement or its
application to any person or circumstances invalid, this invalidity does not affect other provisions, terms
or conditions of the Grant Agreement, which can be given effect without the invalid provision. To this
end, the terms and conditions of this Grant Agreement are declared severable.
A.16 RECAPTURE PROVISION
In the event the APPLICANT fails to expend funds in accordance with federal, state, or local law and/or
the provisions of the Grant Agreement, the DEPARTMENT reserves the right to recapture funds in an
amount equivalent to the extent of noncompliance. Such right of recapture shall exist for the life of the
project following Grant Agreement termination. Repayment by the APPLICANT of funds under this
recapture provision shall occur within 30 days of demand. in the event the DEPARTMENT is required
to institute legal proceeding to enforce the recapture provision, the DEPARTMENT shall be entitled to
its costs thereof, including attorney fees.
A.17 RECOVERY OF FUNDS
Any person who intentionally causes a condition for which Public Assistance is provided under this
Grant Agreement shall be liable for the costs incurred by the state and federal governments in
responding to such disaster. The APPLICANT will cooperate in a. reasonable manner with the
DEPARTMENT and the United States in efforts to recover expenditures under this Grant Agreement.
A.18 DUPLICATION OF BENEFITS
The APPLICANT agrees that the Public Assistance funds for which federal -or -ate -assistance --
requested does not, or will not, duplicate benefits or funds received for the same loss from any other,
source. The APPLICANT will pursue full payment of eligible insurance benefits for properties covered
in a project under this Grant Agreement- --T-he-A-PPLICMT-Mll--repay-any-Pablic--Assistenee-that-is— --
duplicated by other benefits, funds, or insurance proceeds.
A.19 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or to further the
election or defeat of any candidate for public office or influence the approval or defeat of any ballot
issue.
A.20 NOTICES
The APPLICANT shall comply with all public notices or notices to Individuals. required by applicable.
local, state and federal laws and .shalt maintain a record of this compliance.
A.21 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assista'nee provided under this. Grant Agreement shall not be used in payment of any bonus or
commission for the purpose of obtaining approval of the application for such assistance or any other
approval or concurrence under this Grant Agreement provided, however, that reasonable fees or bona
fide technical .consultant, managerial, .or other such services, other than actual, solicitation, are not
hereby prohibited if otherwise eligible as project costs.
A.22 RESPONSIBILITY FOR PROJECT
While the DEPARTMENT undertakes to assist the APPLICANT with the project by providing grant
funds pursuant to this Grant Agreement, the project itself remains the sole responsibility of the
APPLICANT. The DEPARTMENT undertakes no responsibility to the APPLICANT, or to any third
party,. other than as is expressly set -out in this Grant Agreement.
The responsibility for the. design, development, construction, JmpJemq9tation, operation and
maintenance of the project, as these phases are applicable to this ,project; =is solely that of the
APPLICANT, as is responsibility for any claim or suit of any nature by any third party related:in any way
to the project.
Public Assistance Grant Agreement 2/09 Page 8 of 15 City of Renton
D09-044
Prior to the start of any construction activity, the APPLICANT shall ensure that all applicable Federal,
State, and local permits and clearances are obtained, including FEMA compliance with the National
Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, and all
other environmental laws and executive orders.
The APPLICANT shall defend, at its own cost, any and all claims or suits at law or in equity, which may
be brought against the APPLICANT in connection with the project. The APPLICANT shall not look to
the DEPARTMENT, or to any state or federal agency, or to any of their employees or agents, for any
performance, assistance, or any payment or indemnity, including but not limited to cost of defense
and/or attorneys' fees, in connection with any claim or lawsuit brought by any third party related to any
design, development, construction, implementation, operation and/or maintenance of a project.
Pursuant to Sections 403 and 407 of the Stafford Act, 42 U.S.C. §§ 5170b & 5173, and to the extent
allowed by law, if debris removal is authorized, the APPLICANT agrees to indemnify and hold harmless
the state of Washington and the United States of America for any claims arising from the removal of
debris or wreckage for this disaster. The APPLICANT agrees that debris removal from public and
private property will not occur until the landowner grants the APPLICANT the right to enter and signs an
unconditional authorization for the removal of the debris.
A.23 HAZARDOUS SUBSTANCES
The APPLICANT shall inspect and investigate the proposed development/construction site for the
presence of hazardous substances. The APPLICANT shall fully disclose to the DEPARTMENT the
results of its inspection and investigation and all other knowledge the APPLICANT has as to the
presence of any hazardous substances at the proposed development/construction project site. The
APPLICANT will be responsible for any associated clean-up costs as a result of the inspections.
"Hazardous Substances" are defined in.RCW 70.105D.020 (10).
A.24 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/HEALTH ACT
(OSHA/WISHA
The APPLICANT represents and warrants that .its work place does now or will meet all applicable
federal and state safety and health regulations that are in effect during the APPLICANTS performance
under this Grant Agreement.
To the extent allowed by law, the APPLICANT further agrees to indemnify and . hold harmless the
DEPARTMENT and -its employees ahtt agents from all liability, damages and costs of any nature,
including but not limited to, costs of suits and attorneys' fees assessed against the DEPARTMENT, as
a result of the failure of the APPLICANT.to.so comply.
A.25 CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY
A.26.
If federal funds'are the basis for this .Grant Agreement, the APPLICANT certifies that..fhe APPLICANT is
not presently debarred, suspended, .proposed for debarment, declared ineligible, orveluntarily excluded
from participating ,in this Grant Agreeme' .nt.by any federal department or agency. If: requested by the
DEPARTMENT; -the APPLICANT shall-.cornplete and sign a Certification Regarding- .Debarment,
Suspension, fholigibility, and Voluntary: Exclusion form. Any such form completed, it,
APPLICANT
for this Grant Agreement shall be incgcporated into this Grant Agreement by reference.
Further, the APPLICANT agrees not to enter.- into any arrangements or contracts related :tv.this grant
with any, party that is on the "Genera.) Service Administration: List of Parties Excluded' from Federal
Procurement Or -procurement Programs:"
yr yrY�
sources, direot.. ihd indirect, are
accordance ,with :the .Office of M,
Governments,. and Non -Profit Or
Met December 31, 2003) Non=f
awards.are exempt from fedi6l E
Circular A-133. is available at: htt
VL:I.IVI{�V 111-L ll1YIL:.E�VIY■{..1�•vl
vial assistance of $500;DOO. or more in federal funds from all
to have a single or a .program -specific audit conducted in
t and Budget (OMB) Circular A-133-Audits.of States, Local
is: (revised June 27; 20.03, effective for :fiscal years ending
PLICANTS that spend":less than $5.0600!) a;year in federal .
cements for that year, except as noted jn :Circuler.:No. A-133.
hitehodse.aov/ombi6ircu1si-srindez.
Public Assistance Grant Agreement 2/09 Page 9.of 15 Gity of.Renton
D09Oq.a
APPLICANTS required to have an audit must ensure the audit is performed in accordance with
Generally Accepted Auditing Standards (GARS); Government Auditing Standards (the Revised Yellow
Book) developed by the Comptroller General and the OMB Compliance Supplement.
The APPLICANT has the responsibility of notifying the State Auditor's Office and requesting an audit.
Costs of the audit are allowable grant expenditures if the grant has not been closed.
The APPLICANT shall maintain records and accounts so as to facilitate the audit requirement and shall
ensure that any subreciplents also maintain auditable records.
The APPLICANT is responsible for any audit exceptions incurred by its own organization. or that of its
subrecipients. Responses to any unresolved management findings and disallowed or questioned costs
shall be included with the audit report. The APPLICANT must respond to DEPARTMENT requests for
information or corrective action concerning audit issues within 30 days of the date of request. The
DEPARTMENT reserves the right to recover from the APPLICANT all disallowed costs resulting from
the audit.
Once the single audit has been completed, the APPLICANT must send a full copy of the audit to the
DEPARTMENT and a letter stating there were no findings, or if there were findings, the letter should
provide a list of the findings. The APPLICANT must send the audit and the letter no later than nine (9)
months after the end of the APPLICANT'S fiscal year(s) to:
Accounting Manager
Washington Military Department
Finance Division, Building #1 TA 20
Camp Murray, WA 98430.5032
In addition to sending a copy of the audit, the APPLICANT must include a corrective action plan for any
audit findings and a copy of the management letter, if one was received.
The APPLICANT shall include the above audit requirements in any subcontracts.
A.27 PROJECT MANAGEMENT AND SU13GRANTEE MONITORING
The DEPARTMENT ani the APPLICANT must conduct and monitor grant activities to confirm
compliance with applicable Federal requirements and the requirements and special conditions of an
approved project.
The APPLICANT agrees to:
a. Assist in the preparation and.writing of the Project Worksheets.
b. Comply with all funding conditions of an approved project.
c. Provide financial. documentation to support requests for payments.
d. Maintain records and documentation that adequately identify and directly support a.project's eligible
costs to the'. approved project workaheet. Pro -rate or percentage costs are nat eligible for
reimbursement. .
e. Cooperate With,and. participate in any scheduled or unscheduled monitoring or evaluation activities
conducted. by the DEPARTMENT. or FEMA that are pertinent to this Grant `Agreement. or an
approved Project.W.orksheet.
f. Provide the DEPARTMENT with .all.:documentation required.::to .complete evaluatigns of eligible
costs, and provide additional documentation that the DEPARTMENT or FEMA ) i4i request as a
result of a monitoring visit, review and other or further . evaluation of sgpporting financial
documentation and/or. reports. If requested documentation is.not provided, .all costs: associated with
the project may be determined to be ineligible.
g. Submit a request for time extension: not later than two weeks before a project's deadline.
h. Notify .the <DEPAARTMENT and request and receive approyaf for an alternate. project prior to
beginning construWbo Failure to do so may jeopardize funding approval.
i. Notify the REPARTMENT.;and request and receive approval for an improved project pnor to starting
construction. Failure io do o m.ay jeopardize funding approval
k. Immediately 'notify the DEPARTMENT ..iE fiidden damages `are discovered, a. change: order is
required, or the scope of work changes in an approved project.
1. . Submit quarteriy. reports to the DEPARTMENT.
Public Assistance Grant Agreement-W09 Page 10 of 15 City of:Reraton
DbMU
m. Submit project completion certifications as required for small, large, alternate, or improved projects.
The DEPARTMENT agrees to:
a. Provide technical assistance during all monitoring or evaluation activities. The DEPARTMENT will
coordinate and schedule the meetings necessary to conduct and complete all monitoring and
evaluation activities.
b. Develop the APPLICANT's Project Worksheets) (PW) with FEMA and the APPLICANT's
assistance based upon the eligible damages.
c. Provide the APPLICANT with a copy of the approved Project.Worksheet.
d. Conduct site visits during a large project's construction.
e. Regularly review the APPLICANT's financial documentation to confirm compliance with state and
federal rules, authorities, and policies.
f. Notify the APPLICANT when funding approval is received and issue payment per the process
described in Article 1, #3 — Payments of the Special Terms and Conditions. Large project final
funding will include all costs determined to be eligible based upon the evaluation and review of the
APPLICANT's financial documentation.
g. Work with the APPLICANT to resolve any issues identified during the monitoring process.
h. Review and respond. appropriately to the APPLICANT's requests for time extensions and. changes
to an approved project.
A.28 SUBCONTRACTING
The APPLICANT shall use a competitive procurement process in the award of any contracts with
contractors or subcontractors that are entered into under the original contract award. The procurement
process followed shall be in accordance with. Part 13 of 44 CFR, Uniform Administrative Requirements
for Grants and Cooperative Agreements to State and Local Governments or with OMB Circular A-110,
Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher
Education, Hospitals, and Other Nonprofit Organizations, as applicable to the APPLICANT.
As required by Section 694 of the "Post -Katrina Emergency Management Reform Act" (P-L. 109-295),
which amended section 307 of the Stafford Act, 42 U.S.C. 5150, contracts or agreements with private
organizations, firms or individuals for debris clearance, distribution of supplies, reconstruction, and
other major disaster assistance activities, shell be awarded to those organizations, firms and individuals
residing or doing business primarily in thegeographical area affected by the disaster, to the extent
feasible and practicable. Such contracts or agreements with private organizations, firms, or individuals,
ndt residing or doing business primarily in the geographical area affected by the declared disaster shall
be justified in writing in the APPLICANT's confract file. Contracts in place prior to a declaration should
be transitioned to such local organizations, firms or individuals unless the head of the APPLICANT
organization determines that it is not feasible or -practicable. This determination must be documented in
the APPLICANT's contract file. The transition requirement should not be construed to require an
APPLICANT to breach an existing contract ....
All subcontracting agreements entered into pursuant to this Grant Agreement shall incorporate this
Grant Agreement by reference.
A.29 PUBLICITY
The APPLICANT agrees to submit to the DEPARTMENT all advertising ,and publicity matters relating to
this. Grant Agreement wherein the DEPARTIIAENT's name is mentioned or language used from which
the connection of the DEPARTMENT's name may, in the DEPARTMENT's judgment, be inferred or
implied. The APPLICANT agrees not to publish or use such advertising and publicity matters without
the prior written consent of the DEPARTMENT. The APPLICANT may copyright original work it
develops in the course of or under this Grant ,Agreement; however, pursuant to 44 CFR 13.34, FEMA
reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use,
and to authorize others to use the.work fo(ggvemment purposes.
Pubiicatiorr resulting from work perfornaed. under this Grant. Agreement shall include an
.acknouvledgement of FEMA's financial support; by grant number, and a statement that the publication
.does ngt constitute an endorsement by FEMA or reflect FEMA's views.
Public Assistance Grant Agreement-2109 Page 11 of 15 City of Renton
D09-044
A.30 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990 PUBLIC LAW 101-336. 42 U.S.C. 12101 ET
SEQ AND iTS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part
35.
The APPLICANT must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunication.
A.31 NONASSIGNABILITY
Neither this Grant Agreement, nor any claim arising under this Grant Agreement, shall be transferred or
assigned by the APPLICANT.
A.32 DISCLOSURE
The use or disclosure by any party of any information concerning the DEPARTMENT for any purpose
not directly connected with the administration of the DEPARTMENTs or the APPLICANT's
responsibilities with respect to services provided under this Grant Agreement is prohibited except by
prior written consent of the DEPARTMENT. However, the parties acknowledge that the
DEPARTMENT, and state and local agencies as defined in RCW 42.56.010, are subject to RCW 42.56,
the state Public Records Act.
A.33 LIMITATION OF AUTHORITY— Authorized Signature
Only the assigned Authorized Signature for the DEPARTMENT and the Authorized Signature or the
assigned Applicant Agent or Alternate for the APPLICANT, formally designated in writing, shall have
the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of
this Grant Agreement.
Furthermore, any alteration, amendment, modification, or waiver of arry:clause or condition of this Grant
Agreement is not effective or binding unless made in writing and signed by both authorized persons.
Additionally, only these.persons will have the signature authority to sig.n-payment requests, certification
of project completion, time extension requests, and requests for changes to project status (including
improved or alternate project status), and Statements of Documentation for large projects.
A.34 ASSURANCES
The APPLICANT certifies that:
a. They .have the legal authority to apply for federal assistance and: the institutional, managerial and
financial capability (including funds sufficient to. pay the non-feoerat and non -state shares of the
project .cost) to ensure .proper planning, management and comp_ letion of the project described in
approved Project Worksheets.
b. They will give the awarding, agency, the Comptroller General .of; f - e United States and the. State,
through any authorized representative, access_ to and the right `to examine all records, books,
papers, or documents related to the award; and will establish:a.proper accounting system in
accordance with gererally accepted accounting standards or agency directives.
c. They will not dispose of, modify the use of; .or change the. terms;`i f :the real property title; or other
interest irr the site and facilities without permission and instructions from the awarding, agency.
They will record the :federal interest in the title of real property ill a xorclance with FEW. ,directives
and will include a .covenant in the title of real properly: acquire;.:in whole or in partl 0 h federal
assistance funds to;assure non-discrimination during the useful .I" pf the project.
d. They will comply with`.ihe requirements of the. DEPARTMENT sncl °FEN(A with regard to the,draffing,
review and approval of construction plans and specifications,;: and awarding of construction
contracts:
e. They. will provide and maintain competent .and adequate engineering supervision at construction
sues to ensure that the completed work conforms to the approved plans and specifications and Will
fumih progress reports and such other information as may. be: required by either FEMA: or the
DEPARTMENT.
f. They.will. establish safeguards to. prohibit employees from using: their ,positions fora .purpose: that
constitutes or presents the appearance bf personal or organizational. conflict bfi interest, or personal
gain i
g. They will initiate and complete.the work within the applicable time frare after receipt of approval of
tie:awarding agency.
Public Assistance Grant ,agreement-2/09 Page 12 of 15 City of Renton
D09=044
h. They will comply with the Intergovernmental Personnel Act of 1970, as amended (42 U.S.C. §§4701
et seq.) relating to prescribed personnel standards on a merit basis for programs funded under one
of the 19 statutes or regulations specified in Appendix A of the federal Office of Personnel
Management's Standards for a Merit System of Personnel Administration (5 CFR 900, Subpart F).
I. They will comply with all applicable state and federal statutes, regulations and executive orders
relating to nondiscrimination, including but not limited to: (a) Title VI of the Civil Rights Act of 1964
(PL 88-352, 42 U.S.C. 2000d) which prohibits discrimination on the basis of race, color or national
origin; (b) Title iX of the Education Amendments of 1972, as amended (20 U.S.0 §§1681 et seq.),
which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973
(PL 93-112), as amended (29 U.S.0 §794), which prohibits discrimination on the basis of disability;
(d) the Age Discrimination Act of 1975, as amended (42 U.S.0 §§6101 et seq.), which prohibits
discrimination on the basis of age; (e) the Americans with Disabilities Act of 1990 (42 U.S.C.
§§12101 -et seq.); and (f) the Fair Housing Amendments Act of 1988 (42 U.S.C. §§3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing. However, the
requirements of Section 202 of Executive Order 11246, as amended, do not apply to a government
contractor or subcontractor that is a religious corporation, association, educational institution or
society, with respect to the employment of individuals of a particular religion to perform work
connected with the carrying on by such corporation, association, educational institution or society of
its activities.
j. They will comply, or have already complied, as applicable, with the requirements of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (PL 91-646,
42 U.S.C. §§4601 et seq.) which provide for fair and equitable treatment of persons displaced or
whose property is acquired as a result of federal or federally -assisted programs. These
requirements apply to all interests in real property acquired for project purposes regardless of
federal participation in purchases.
k. They will comply, as applicable, with provisions of the Hatch Act, as amended (5 U.S.0 §§1501 et
seq. and §§7321 et seq:) which limit the political activities of certain employees whose principal
employment activities are funded in whole or in part with federal funds.
I. They will comply, as applicable, with labor and wage provisions related to certain federally -assisted
contracts (e.g., the wage rote requirements in the Davis -Bacon Act, as amended, 40 U.S.C. §§3141
et seq., the Copeland Anti -Kickback provisions in 40 U.S.0 §3145 .and 18 U.S.0 §874, and the
Contract Work Hours and Safety Standards in 40 U.S.0 §§3701 et s..eq.).
m. They will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the
Flood Disaster Protection Act of 1973 (PL 93-234), as amended.
n. They will comply, if applicable, with environmental standards prescribed pursuant to the following:
(a) protection and enhancement of environmental quality pursuant to z.Executive Order (EO) 11514,
as amended; .(b) administration of the Clean Air Act and the Federal Water Pollution Control Act
with respect to Federal„contracts, grants, or loans pursuant to EO 1.1.738; (c) protection of wetlands
pursuant to EO 11996; as amended; (d) floodplains management' :pursuant to EO 119$8, as
amended; (e} the Coastal.Zo -e Management Aat of 1972 (P:L. 92-58.3), 16 U..S.C. %1451 et seq:,
as amended; (f) Air• Q'aCty $, Emission Limitations pursuant to 42,U:S.C. §§7401 et seq,.::(g) the
Safe Drinking Water Act of 1974 (PL 93-523); as .amended; and, (ti) tt e;Endangered Species Act of
1973 (PL 93-205), as amended.
o. They will comply, if appy able, with the Wild and Scenic Rivers Act (PL 90-542), 16 U.S.C. §§1271
it seq., as amended.
p. They will assist the awarding agency in assuring compliance with Section 106 of the National
Historic Preservation iAct.of 1966 (PL 89-665); 16 U.S.C. §470, as amended; EO 11593 (protection
and enhancement of the cultural environment); and the Archaeolog_ ical acid Historic Preservation
Act, 16 U.S.C. §§469:et:siq., as amended.
q. They will compfy.wiih:tie Lead -Based Paint Poisoning Prevention Act (42--U.S.C. chapter 63) which
prohibits.the :use:of;.leacl 6ase&paint in construction, or rehabilitation of residential structures.:
r. Trey. wilf causeto be, performed. the required financial and compliance audits in accordance with
the 'Single Audit Act Amendments of 1996 and ONCB Circular No. A 133, "Audits of States, Local
Govemmenfis;: and: Nan=Profit: Organizations ' .
s. They. will. comply with..:all: applicable requirements :of all other federal .Jaws, executive orders,
regulations, and policies,goveming this prograrim.
Public Assistance Grant Agreement-2109 Page 13 of 15 City of Renton
DO"44
t. They will certify to the best of their knowledge and belief that the New Restrictions on Lobbying, 44
CFR Part 18, are complied with; i.e., that no federally appropriated funds have been paid or will be
paid by or on behalf of the APPLICANT to any person for influencing or attempting to influence an
officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any federal contract, the
making of any federal grant, the making of any federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any federal
contract, grant, loan, or cooperative agreement; that if any funds other than federally appropriated
funds have been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with this contract, grant, loan, or cooperative
agreement, the APPLICANT will complete and submit Standard Form-LLL, `Disclosure Form to
Report Lobbying," in accordance with its instructions; and that, as applicable, the APPLICANT will
require that the language of this certification be included in the award documents for all
subcontracts at all tiers and that all subrecipients shall certify and disclose accordingly.
Public Assistance Grant Agreement 2J09 Page 14 of 15 City of. Renton
D09-044
Attachment #1 — Project Worksheet Sample
U.S. DEPARTMENT OF HOMELAND SECURITY
FEDERAL EMERGENCY MANAGEMENT AGENCY
PROJECT WORKSHEET
O.M.B. No. 1660-0017
PAPERWORK BURDEN DISCLOSURE NOTICE
Public reporting burden for this form is estimated to average 90 minutes per response.. Burden means the time, effort and financial
resources expended by persons to generate, maintain, disclose, or to provide information to us. You may send comments
regarding the accuracy of the burden estimate and or any aspect of the collection, including suggestions for reducing the burden
to: Information Collections Management, U. S. Department of Homeland Security, Federal Emergency Management Agency, 500
C Street, SW, Washington, DC 20472, Paperwork Reduction Project (OMB Control Number 1660-0017). You. are not required to
respond to this collection of information unless a valid OMB number appears in the upper right comer of this form. NOTE: Do not
send your completed form to this address.
`DISASTER PROJECT NO. PA ID NO. DATE CATEGORY
F _ R
DAMAGED FACILITY
WORK COMPLETE AS OF:
ova
APPLICANT
COUNTY
LOCATION
LATITUDE
LONGITUDE
DAMAGE DESCRIPTION AND DIMENSIONS
SCOPE OF WORK
:Does the Scope of.:W"ork change the pre -disaster conditions at the site?' _ :'❑; Yes 0 No
Special Consideratigns issues included? ❑ Yes ❑ No : Wizard Mitigation proposal included?❑ Yes ❑ No
Is there insurance *coverage on this facility? ❑ Yes ❑ No
PROJECT
I
CODE
NARRATIVE
QU%1NTrrY/UNR
UNIT PRICE
COST
/
/
TOTAL COST
Pitja?ARED-BY'. ':.. _ . ; .....
Tom.. :';:SiGNA►URE
LICANT REP;_
TITLE.. .; . .. ..... "..:
` S.IGNATURE
FEMA`Faiin'.9t) 9C FE$=06.:.:'
Public Assistance Grant Agreement-2109..
- �ctt'�w�:w � rncr.iuva curt wna. .
Page 15 of 15
City of Renton
DOM44
CITY OF RENTON COUNCIL AGENDA BILL
.:�7 /1
Al #: i
Submitting Data: Public Works Department
For Agenda of:
Dept/Div/Board.. Transportation Systems Division
Aril 27, 2009
Staff Contact...... Ryan Zulauf, Airport Manager,
Agenda Status
(extension 7471)
Consent .............. X
Public Hearing..
Subject:
Correspondence..
Rent Deferral Addendum to AirO, Inc.'s 800 Building
Ordinance .............
and Ground Lease - LAG-03-022
Resolution............
Old Business........
New Business....... X
Exhibits:
Issue Paper
Study Sessions......
Lease Addendum to LAG 03-002
Information.........
Recommended Action:
Approvals:
Legal Dept......... X
Refer to Transportation (Aviation) Committee
Finance Dept......
Other ...............
Human Resources/Risk Mgmt
Fiscal Impact: (Budget Line 402.000000.000.3620.0050.00.000000)
Expenditure Required... Transfer/Amendment.......
Amount Budgeted....... Revenue Generated......... $12,771.96
Total Project Budget City Share Total Project..
SUMMARY OF ACTION:
Current economic conditions have had significant impacts on Airport tenants. AirO, Inc. (AirO), one of
the two fixed base operators (FBO's) selling fuel to the public, is behind in its building and ground rent
payments. AirO has requested deferral of its rent payments until August 15, 2009. By August 15, 2009,
AirO will owe $67,753.61, which includes late fees and the State Leasehold Excise Tax. AirO's annual
rent payments are 6.6 percent of the 2009, projected revenue for the Airport or $81,125 per year.
The owner of AirO also owns WorldWind Helicopters, Inc. (WWH). WWH is one of AirO's tenants and
holds several U.S. Forest Service fire fighting contracts. The amount of the federal contracts will be
more than enough revenue to cover the overdue rent and late fees. To the degree possible, City staff has
verified that the WWH's contracts with the U.S. Forest Service are valid for the 2009 fire season.
The owner of AirO has agreed to pay a fee of $10,000 for the City's deferral of the collection of rent, as
well as prepay six (6) months of 2010 rent in advance by November 2009. He will also offer one of his
helicopters and his 12,000 gallon 100 LL self serve fuel tank as collateral.
STAFF RECOMMENDATION:
Approve the addendum to AirO's lease that defers rent payments and late fees to August 15, 2009, in
exchange for a significant penalty and collateral, and authorize the Mayor and City Clerk to sign the
addendum
Y
& ;% , PUBLIC WORKS DEPARTMENT
'<kNT 0 M E M O R A N D U M
DATE: April 27, 2009
TO: Randy Corman, Council President
Members of the Renton City Council
VIA: `�' Denis Law, Mayor
FROM: Gregg Zimmermah administrator
STAFF CONTACT: Ryan Zulauf, Airport Manager (extension 7471)
SUBJECT: Rent Deferral Addendum to AirO, Inc.'s 800 Building and
Ground Lease - LAG-03-022
ISSUE:
Should the City approve an addendum to AirO, Inc.'s building and ground lease that
_ defers rent payments and late fees to August 15, 2009, in exchange for a significant
penalty and collateral?
RECOMMENDATION:
Approve the addendum to AirO's lease that defers rent payments and late fees to
August 15, 2009, in exchange for a significant penalty and collateral. Staff further
recommends that the Mayor and City Clerk be authorized to sign the addendum to the
AirO, Inc.'s lease, LAG-03-022.
BACKGROUND SUMMARY:
Current economic conditions have had significant impacts on Airport tenants. AirO, Inc.
(AirO), one of the two fixed base operators (FBO's) selling fuel to the public, is behind in
its building and ground rent payments. Mr. Mike O'Leary is the owner of AirO. He also
owns a separate company known as WorldWind Helicopters, Inc. (WWH), which
subleases hangar space from AirO.
By May 10, 2009, AirO will owe $37,415.34 in building and ground rent plus late fees
and the State Leasehold Excise Tax of 12.84 percent for the 800 Building and the
terminated ground lease for the 820 Ramp. By August 15, 2009, the amount owed by
AirO will be $67,753.61. AirO's annual building and ground rent for the building at
Randy Corman, Council President
Members of the Renton City Council
Page 2 of 2
April 27, 2009
800 West Perimeter Road is $81,125.00 plus the State Leasehold Excise Tax, or
6.6 percent of the projected 2009 revenue for the Airport.
AirO has requested deferral of its building and ground rent for the 800 Building until
August 15, 2009. By August 15, 2009, WorldWind Helicopters, which holds several US
Forest Service fire fighting contracts, will have been reimbursed for its services, which
will allow WorldWind to pay AirO, and AirO will pay the City. To the degree possible,
City staff has verified that the WorldWind Helicopter contracts with the U.S. Forest
Service are valid for the 2009 fire season.
AirO understands that the request to defer its rent payments is a unique situation, and
therefore has also offered to pay the City an additional $10,000. This would bring AirO's
total amount due by August 15, 2009 to $77,753.61.
The tenant acknowledges that the next rental rate increase is due November 1, 2009, and
agrees to pay the newly established rental rate for the remainder of its 2009 rent
(November and December) on or before November 10, 2009. AirO has also agreed to
pay an advance rent payment for January 2010, through and including June 2010, on or
before November 10, 2009. The advanced rent payment for 2010 will include the rental
rate increase.
The collateral offered as part of the rent deferral is AirO's 100LL above ground fuel tank
installed in 2003 and a Bell Jet Ranger Helicopter. The depreciated value of the 1 OOLL
fuel tank is approximately $81,000 minus an outstanding original loan balance of nearly
$20,000, leaving a remaining value of $61,000. The Bell Jet Ranger Helicopter is worth
approximately $485,000 and a bank loan with a remaining balance of approximately
$87,000 is the.outstanding loan balance on the helicopter. The City is in the process of
completing a UCC filing on both the fuel tank and the helicopter to secure its interests in
those assets.
If AirO fails to pay the entire rent plus late fees, plus the $10,000 by August 15, 2009, the
City can move to evict AirO, retain the 100LL fuel tank, and lease that asset to another
tenant interested in operating an FBO from that site on the Airport. Then steps will be
taken to exercise its interests in the helicopter asset so the deferred rent, fees and penalty
is collected.
cc: Peter Hahn, Deputy Public Works Administrator —Transportation
Ryan Zulauf, Airport Manager
JoAnn Wykpisz, Principal Financial & Administrative Analyst
Connie Brundage, Transportation Administrative Secretary
Susan Campbell-Hehr/Carolyn Currie, Airport Secretary
File
CADocuments and Settings\1moschetti\Local Settings\Temporary Internet Files\Content.Outlook\METBOIQO\Issue Paper - AirO Rent
Deferral.doc
LAG 03-002
Addendum #
ADDENDUM TO BUILDING AND GROUND LEASE AGREEMENT
(City of Renton to AirO, Inc.)
THIS ADDENDUM to Lease Agreement LAG 03-002 is effective as of the date
of execution by the City of Renton, as indicated on the last page of this addendum.
RECITALS:
WHEREAS, AirO, Inc. has a Lease Agreement with the City of Renton, LAG-03-
002, executed on November 1, 2003; and
WHEREAS, effective November 1, 2006 in LAG 03-002 Addendum 1-07, the
annual combined building and ground rent by AirO, Inc. for the building located at 800
West Perimeter Road is eighty one thousand one hundred twenty four dollars ($81,124)
plus leasehold excise tax; and
WHEREAS, certain economic.conditions have led to AirO, Inc.'s inability to meet
the monthly rent payments to the City for the building located at 800 West Perimeter
Road; and
WHEREAS, AirO, Inc., as of May 10, 2009, is in arrears by thirty seven thousand
four hundred fifteen dollars and thirty-four cents ($37,415.34) which includes overdue
rent on the 820 ramp and sewer lift station repair charges and late fee charges; and
WHEREAS, AirO, Inc., subleases space to WorldWind Helicopters, Inc. and
WorldWind Helicopters, Inc. holds an Operating Permit with the City of Renton; and
WHEREAS, Mr. Michael O'Leary owns both AirO, Inc. and WorldWind
Helicopters, Inc. who occupy the building located at 800 West Perimeter Road; and
WHEREAS, Mr. Michael O'Leary has approached the City and requested deferral
of collection of current overdue rent payments to the City for the building located at 800
West Perimeter Road until August 15, 2009; and
WHEREAS, Mr. Michael O'Leary has approached the City and requested deferral
of future rent payments to the City for the building located at 800 West Perimeter Road
for the months of May, June, July, and August, until August 15, 2009; and
WHEREAS, Mr. Michael O'Leary has offered to pay a significant penalty and
offered collateral to secure the deferral of rent to August 15, 2009; and
WHEREAS, AirO, Inc. has a tenant known as WorldWind Helicopters, Inc. which
has two federal contracts for wild fire fighting with the federal Department of Agriculture
— US Forest Service for 2008 with options to extend the contracts to the 2009 wild fire
fighting season; and
Lease Agreement 03-002
City of Renton AirO, Inc.
LAG 03-002
Addendum #
WHEREAS, Mr. Michael O'Leary has provided to the City copies of these two —
federal contracts; and
WHEREAS, Mr. Michael O'Leary has also provided contract documentation
showing that one of the three helicopters listed on the two federal contracts has already
been called into service for training purposes in advance of the 2009 wild fire fighting
season; and
WHEREAS, the amount of the contract for the first helicopter which has been
called into service for training purposes in advance of the wild fire fighting season shows
that Mr. Michael O'Leary's companies known as AirO, Inc. and WorldWind Helicopters,
Inc. has an ability to pay the overdue and deferred rent by August 15, 2009;
WHEREAS, it is in the best interest of the City to work with AirO, Inc. and
WorldWind Helicopters, Inc. to retain AirO, Inc.'s fixed base operation, retain
competition in the fuel business on the airport, secure rent from the building located at
800 West Perimeter Road, and to retain jobs in the City during these difficult economic
times,
NOW, THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND
BETWEEN THE CITY OF RENTON AND AIRO, INC. AS FOLLOWS:
WITNESSETH:
1. Landlord agrees to defer until August 15, 2009 the collection of the overdue rent
payments and late fees which will be sixty seven thousand, seven hundred fifty three
and sixty one cents ($67,753.61) by August 15, 2009, (see Exhibit A Itemized List
of Overdue and Deferred Rents and Fees, incorporated by this reference). This
amount includes the leasehold excise tax for the building located at 800 West
Perimeter Road, maintenance fees on the sewer lift station, and the overdue. rent and
late fees from the terminated month -to -month lease on the 820 Ramp; and
2. Tenant agrees to pay by August 15, 2009, the monthly rent payments that are overdue
on the 820 ramp, plus all late fee charges on the overdue amount to August 15, 2009;
and
3. Tenant agrees to pay by August 15, 2009, an additional fee of ten thousand dollars
($10,000) which brings the total amount owed to seventy seven thousand, seven
hundred fifty three dollars and sixty one cents ($77,753.61); and
4. Tenant acknowledges that the next rental rate increase is due on November 1; 2009,
and agrees that on or before November 10, 2009, to pay the newly established rental
rate for the month of November, 2009, plus December, 2009. Tenant agrees to pay,
on or before November 10, 2009, the rent for January, 2010, through, and including,
June, 2010; and
Lease Agreement 03-002 2
City of Renton AirO, Inc.
LAG 03-002
Addendum #
5. Tenant agrees to offer as collateral the existing 12,000 gallon 100LL fuel tank (and
associated pump, piping and credit card technology associated with the tank) which is
fixed to the landlord's property located at 800 West Perimeter Road and is identified
by Serial Number 15894 which is located on the pump skid side of the fuel tank; and
6. Tenant agrees to offer as collateral one Bell Jet Ranger helicopter with the tail number
N4MS andserial number 1345; and
7. Tenant agrees to execute a Promissory Note in the amount of seventy seven thousand,
seven hundred fifty three and sixty one cents ($77,753.61), payable to the city of
Renton on or before August 15, 2009; and
8. Tenant agrees to cooperate with the city of Renton in perfecting a UCC filing with the
state of Washington related to the collateral identified herein, and
9. Tenant agrees to execute a Security Agreement in favor of the city of Renton, in the
amount of seventy seven thousand, seven hundred fifty three and sixty one cents
($77,753.61), which debt is secured by the following collateral:
a. Bell Jet Ranger helicopter bearing tail number N4MS and serial number 1345; and
b. 12,000 gallon 100LL fuel tank and associated pump, piping and credit card
technology associated with the tank, Serial Number 15894; and
10. All other terms and conditions of the original Lease Agreement shall remain in full
force and effect.
AirO, Inca CITY OF RENTON
a Washington Corporation a Municipal Corporation
Denis Law
Mayor
Title Bonnie Walton
City Clerk
Date
Approved as to legal form
City Attorney
Lease Agreement 03-002
City of Renton AirO, Inc.
3
Exhibit A - Itemized List of Overdue and Deferred Rents and Fees for AirO, Inc.
October October Late November November Late December December Late January JanuaryLate February FebruaryLate March March Late April April Late May May Late June June Late July July Late August August Late TOTAL DUE
Acctlil $2,643.66. $132.18 $2,643.66 $264.37 $2,643.66 $396.55 $2,643.66 $528.73 $2,643.66 $660.92 $2,643.66 $793.10 I/poidbyAugust31,2009
800 Building 1734 Running total $2,643.66 $2,775.84 $5,419.50 $5,683.87 $8,327.53 $8,724.08 $11,367.74 $11,896.47 $14,540.13 $15,201.05 $17,844.71 $18.637.80 $18,637.80
March March Late April April Late May May Late June June Late July July Late August August Late
Acct X1735 S4,984.76 $249.24 $4,984.76 $498.48 $4,994.76 $747.71 $4,994.76 $996.95 $4,984.76 S1,246.19 $4,984.76 $1,495.43
800Ground 1735 Running total 54,984.76 $5,234.00 $10,218.76 $10,717.23 $15,701.99 $16,449.71 $21,434.47 $22,431.42 $27,416.18 $28,662.37 $33,647.13 $35,142.56 $35,142.56
March March Late April April Late May May Late June June Late July July Late August August Late
Acct p2976 $98.74 $4.94 $98.74 $9.87 $98.74 $14.81 $98.74 $19.75 $98.74 $24.69 $98.74 $29.62
820 Building Storage 2976 Running total $98.74 $103.68 $202.42 $212.29 $311.03 5325.84 $424.58 $444.33 $543.07 $567.76 $666.50 $696.12 $696.12
Acct 03026 October October Late November November Late December December Late January January Late February February Late March March Late April April Late May May Late June June Late July July Late August August Late
820Ramp Area $2,274.04 $0.00 $2,274.04 $227.40 $2,274.G4 $341.11 $2,274.04 $454.81 $0.D0 $454.81. .$20.00 $453.81 $0.00 $453.81 $0.00 $453.81 $0.00 $453.81 $0.00 $453.81 $0.0D $453.81
3026 Running total $2,274.04 $2,274.04 $4,548.08 $4,775.48 $7,049.51 $7,390.63 $9,664.67 $10,119.48 $10,119.48 $10,574.29 $10,554.29 511,008.09 $11,008.09 $11,461.90 511,461.90 $11,915.71 $11,915.71 $12,369.52 $12,369.52 $12,923.83 $12,823.33 $13,277.13 $13,277.13
ALL ACCOUNTS
TOTAL
RUNNING TOTAL $2,274.04 $2,274.04 $4,548.08 $4,775.48 $7,049.52 $7,390.63 $9,664.67 $10,119.48 $10,119.48 $10,574.29 $18,281.45 $19,121.61 $26,848.77 $28,075.30 $35,802.46 $37,415.34 $45,142.50 547,141.74 $54,868.90 $57,25450 $64,981.66 $67,753.61
If paid by August 9, 2009 $64,981.66
If paid by August 31, 2009 $67,753.61
$10,000 Additional $77,753.61
N:\File Sys\AIR -Airport, Transportation Services Division\01 Administration\12 Real Property Management\Leases and Operating Permits\AirO Inc\8G0 Building Lease\Rent deferral Addendum\Exhibit A- AIRO overdue payments
CITY OF RENTON COUNCIL AGENDA BILL
Submitting Data: Public Works
Dept/Div/Board.. Utility Systems/Water Utility
Staff Contact...... Abdoul Gafour, x7210
J.D. Wilson, x7295
Subject:
Engineering Consultant Agreement with R.W. Beck for
196 Zone Reservoir Preliminary Feasibility Study
Exhibits:
Issue Paper
Engineering Consultant Agreement
Al #:
For Agenda of:
April 27, 2009
Agenda Status
Consent ..............
Public Hearing..
Correspondence..
Ordinance .........:...
Resolution............
Old Business........
New Business.......
Study Sessions......
Information........ .
X
Recommended Action: Approvals:
Council Concur Legal Dept......... X
Finance Dept...... X
Other ...............
Fiscal Impact:
Expenditure Required $69,043.35 Transfer/Amendment....... N/A
Amount Budgeted $100,000 (for this contract) Revenue Generated......... N/A
Acct. No. 425/u55570
Total Project Budget $200,000 (2009 budget) City Share Total Project 100%
SUMMARY OF ACTION:
The Water Utility requests approval of the Engineering Consultant Agreement with R.W. Beck, in the
amount of $69,043.35, to conduct a feasibility study on a potential site for a future water reservoir
in the Black River quarry area.
The Water Utility selected R.W. Beck, from the approved 2009 Utility Systems Annual Consultant
Roster, to perform this work.
The Water Utility has budgeted sufficient funds in its 2009 Capital Improvement Program budget to
cover the cost of the consultant contract.
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the Engineering Consultant Agreement with
R.W. Beck, in the amount of $69,043.35, for consultant services related to the evaluation of a site for
a future City 196 zone water reservoir in the Black River quarry area.
H:\File Sys\WTR - Drinking Water Utility\WTR-13 - Studies & Project Development\WTR-13-0108 - 196 PZ Reservoir Site
Evaluation\Contract\Agnbill_196PZReservoirSiteEval.doc\JDtp
n'-J" PUBLIC WORKS DEPARTMENT
,,t
M E M O R A N D U M
DATE: April 15, 2009
TO: Randy Corman, Council President
Members of the Renton City Council
VIA: - Denis Law, Mayor
FROM. Gregg Zimmermai ministrator
STAFF CONTACT: Abdoul Gafour, Water Utility Supervisor (ext. 7210)
J.D. Wilson, Water Utility Engineer (ext. 7295)
SUBJECT: Engineering Consultant Agreement with R.W. Beck for 196
Zone Reservoir Preliminary Feasibility Study
ISSUE:
Should Council approve the Engineering Consultant Agreement with R.W. Beck, in the
amount of $69,043.35, to conduct a feasibility study on a potential site for a future 196
zone City water reservoir in the vicinity of the Black River quarry area?
RECOMMENDATION:
Approve the Engineering Consultant Agreement and authorize the Mayor and City Clerk
to execute the contract with R.W. Beck, in the amount of $69,043.35, for consultant
services related to the feasibility study on a potential site for a future water reservoir in
the Black River quarry area.
BACKGROUND SUMMARY:
The Water Utility needs to conduct a feasibility study to determine the suitability of a
potential site near the Black River quarry area, to be acquired by the City for a future
water reservoir. The City depends on reservoir storage to provide reliable and sufficient
water capacity for fire protection and to meet water demand from population growth and
development within the City's water service area. As identified in the current City's
comprehensive water system plan, the Water Utility has planned to acquire necessary
properties as they become available to accommodate the construction of future reservoirs.
The need for an additional reservoir in the City's 196 hydraulic pressure zone was first
.identified in the 1983 City of Renton Comprehensive Water System Plan. In 1986, the
City looked at two potential sites for the reservoir, both located near the Black River
quarry area, near SW Sunset Boulevard and Monster Road.
Council/196 Zone Reservoir Site Evaluation
April 15, 2009
Page 2 of 2
In November 2008, Quarry Industrial Park LLC, the owner of a 38-acre piece of property
within the current City limits, located south of the Empire Estates Apartments, contacted
the City to see if we were interested in purchasing a portion of the subject property for
the future water reservoir. The owner/developer is currently grading the site and
performing rock excavation. Water Utility staff has visited the site and it appears that it
could be a suitable location for a future reservoir. The owner would grant necessary
easements to the City for access and for the construction of future transmission water
mains. A map of the proposed reservoir site is attached.
The purpose of the proposed feasibility study is to determine if the site is suitable for the
construction of a 5 million -gallon reservoir. The study will include:
1. Geotechnical investigations and recommendations for site grading and filling for
support of reservoir.
2. Development of two conceptual layouts of the reservoir, circular steel and
square/ rectangular concrete reservoirs, access road and related utilities.
3. Identification of improvements to existing water system for effective integration
and operation of the new reservoir.
4. Preliminary environmental assessment of the site.
5. Planning level cost estimates for reservoir construction.
The Water Utility selected R.W. Beck, from the approved 2009 Utility Systems Annual
Consultant Roster, to conduct this study based on its knowledge of the City's water
system and on its excellent performance on past projects.
The Water Utility has budgeted $200,000 for this consultant contract in the 2009 Capital
Improvement Program budget (425/u55570).
CONCLUSION:
The Water Utility needs to acquire property for the construction of future reservoirs and
there are very few suitable sites remaining for constructing a reservoir in the City's 196
pressure zone, where a reservoir is needed.
The feasibility study is necessary to confirm that the reservoir site under consideration is
suitable in terms of location and geotechnical conditions and free from environmental
conditions that would preclude the construction of the reservoir or result in costly
environmental clean-up prior to construction. The results of the study will be used to
determine whether or not the City will continue with negotiations for the purchase of the
property.
Attachment
cc: Lys Hornsby, Utility Systems Director
File
H:\File Sys\WTR - Drinking Water Utility\WTR-13 - Studies & Project Development\WTR-13-0108 - 196 PZ
Reservoir Site Eva] uation\Contract\revised-issue-paper-study.doc\JDtp
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ENGINEERING
ANNUAL CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into on this , day of , by and between the CITY
OF RENTON, WASHINGTON, A MUNICIPAL CORPORATION HEREINAFTER CALLED THE "CITY," and
R.W. Beck, Inc. whose address is 1001 Fourth Avenue, Suite 2500, Seattle, WA 98154-1004, at which work will
be available for inspection, hereinafter called the "CONSULTANT."
PROJECT NAME: 196 Zone Reservoir Preliminary Feasibility Study
WHEREAS, the City has not sufficient qualified engineering employees to provide the engineering within a
reasonable time and the City deems it advisable and is desirous of engaging the professional services and assistance
of a qualified professional consulting firm to do the necessary engineering work for the project, and
WHEREAS, the Consultant has represented and by entering into this Agreement now represents, that it is in full
compliance with the statutes of the State of Washington for registration of professional engineers, has a current valid
corporate certificate from the State of Washington or has a valid assumed name filing with the Secretary of State and
that all personnel to be assigned to the work required under this Agreement are fully qualified to perform the work to
which they will be assigned in a competent and professional manner, and that sufficient qualified personnel are on
staff or readily available to Consultant to staff this Agreement.
WHEREAS, the Consultant has indicated that it desires to do the work set forth in the Agreement upon the terms and
conditions set forth below.
NOW THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein below,
the parties hereto agree as follows:
I
SCOPE OF WORK
The Consultant shall furnish, and hereby warrants that it has, the necessary equipment, materials, and professionally
trained and experienced personnel to facilitate completion of the work described in Exhibit A, Scope of Work, which
is attached hereto, and incorporated into this Agreement as though fully set forth herein.
The Consultant shall perform all work described in this Agreement in accordance with the latest edition and
amendments to local and state regulations, guidelines and policies.
The Consultant shall prepare such information and studies as it may deem pertinent and necessary, in order to pass
judgment in a sound engineering manner on the features of the work. The Consultant shall make such minor
changes, amendments or revisions in the detail of the work as may be required by the City. This item does not
constitute an "Extra Work" item as related in Section VIII of the Agreement.
The work shall be verified for accuracy by a complete check by the Consultant. The Consultant will be held
responsible for the accuracy of the work, even though the work has been accepted by the City.
II
DESIGN CRITERIA
The City will designate the basic premises and criteria for the work needed. Reports and plans, to the extent feasible,
shall be developed in accordance with the latest edition and amendments of local and State regulations, guidelines,
and specifications, including, but not limited to the following:
Washington State Department of Transportation/American Public Works Association (WSDOT/APWA),
"Standard Specifications for Road, Bridge, and Municipal Construction," as amended by Renton Standard
Specification.
2. WSDOT/APWA, "Standard Plans for Road, Bridge and Municipal Construction."
Washington State Department of Transportation, "Highway Design Manual."
American Association of State Highway and Transportation Officials, "Standard Specifications for
Highway Bridges."
5. Washington State Department of Transportation, "Bridge Design Manual, Volumes 1 and 2."
Washington State Department of Transportation, "Manual of Highways Hydraulics," except hydrologic
analysis as described in item 14.
7. Washington State Department of Transportation, "Materials Laboratory Outline."
8. Transportation Research Board, "Highway Capacity Manual."
U.S. Department of Transportation, Federal Highway Administration, "Manual on Uniform Traffic
Control Devices for Streets and Highways."
10. Washington State Department of Transportation, "Construction Manual."
11. Washington State Department of Transportation, "Local Agency Guidelines."
12. Standard drawings prepared by the City and furnished to the Consultant shall be used as a guide in all
cases where they fit design conditions. Renton Design Standards, and Renton Specifications shall be used
as they pertain.
13. Metro Transit, design criteria.
14. King County Surface Water Design Manual, Sections 1.2 and 1.3 of Chapter 1, and Chapters 3, 4,
and 5.
15. American Association of State Highway and Transportation Officials, "A Policy on Geometric Design of
Highways and Streets."
III
ITEMS TO BE FURNISHED TO THE CONSULTANT
BY THE CITY
The City will furnish the Consultant copies of documents which are available to the City that will facilitate the
preparation of the plans, studies, specifications, and estimates within the limits of the assigned work.
All other records needed for the study must be obtained by the Consultant. The Consultant will coordinate with other
available sources to obtain data or records available to those agencies. The Consultant shall be responsible for this
and any other data collection to the extent provided for in the Scope of Work. City will provide to Consultant all
data in City's possession relating to Consultants services on the project. Consultant will reasonably rely upon the
accuracy, timeliness, and completeness of the information provided by the City. Should field studies be needed, the
Consultant will perform such work to the extent provided for in the Scope of Work. The City will not be obligated to
perform any such field studies.
IV
OWNERSHIP OF PRODUCTS AND
DOCUMENTS TO BE FURNISHED BY THE CONSULTANT
Documents, exhibits or other presentations for the work covered by this Agreement shall be furnished by the
Consultant to the City upon completion of the various phases of the work. All such material, including working
documents, notes, maps, drawings, photo, photographic negatives, etc. used in the project, shall become and remain
the property of the City and may be used by it without restriction. Any use of such documents by the City not
directly related to the project pursuant to which the documents were prepared by the Consultant shall be without any
liability whatsoever to the Consultant.
All written documents and products shall be printed on recycled paper when practicable. Use of the chasing -arrow
symbol identifying the recycled content of the paper shall be used whenever practicable. All documents will be
printed on both sides of the recycled paper, as feasible.
V
TIME OF BEGINNING AND COMPLETION
The work detailed in the Scope of Work will be performed according to Exhibit B, Time Schedule of Completion,
attached hereto and incorporated herein as though fully set forth. It is agreed that all the Consultant's services are to
be completed and all products shall be delivered by the Consultant unless there are delays due to factors that are
beyond the control of the Consultant. The Consultant shall not begin work under the terms of this Agreement until
authorized in writing by the City. If, after receiving Notice to Proceed, the Consultant is delayed in the performance
of its services by factors that are beyond its control, the Consultant shall notify the City of the delay and shall prepare
a revised estimate of the time and cost needed to complete the Project and submit the revision to the City for its
approval. Time schedules are subject to mutual agreement for any revision unless specifically described as otherwise
herein.
Delays attributable to or caused by one of the parties hereto amounting to 30 days or more affecting the completion
of the work may be considered a cause for renegotiation or termination of this Agreement by the other party.
V1
PAYMENT
The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided
hereinafter as specified in Exhibit C, Cost Estimate. 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.
All billings for compensation for work performed under this Agreement will list actual time (days and/or hours) and
dates during which the work was performed and the compensation shall be figured using the rates in Exhibit C.
Payment for this work shall not exceed $ 69,043.35 without a written amendment to this contract, agreed to and
signed by both parties.
Cost Plus Net Fee
Payment for work accomplished shall be on the basis of the Consultant's actual cost plus a net fee. The actual cost
includes direct salary cost, overhead, and direct non -salary cost.
The direct salary cost is the salary expense for professional and technical personnel and principals for the
time they are productively engaged in the work necessary to fulfill the terms of this Agreement. The
direct salary costs are set forth in the attached Exhibit C and by this reference made a part of this
Agreement.
2. The overhead costs as identified on Exhibit C are determined as 186.1 percent of the direct salary cost and
by this reference made a part of this Agreement. The overhead cost rate is an estimate based on currently
available accounting information and shall be used for all progress payments over the period of the
contract.
3. The direct non -salary costs are those costs directly incurred in fulfilling the terms of this Agreement,
including, but not limited to travel, reproduction, telephone, supplies, and fees of outside consultants.
The direct non -salary costs are specified in Exhibit C, Cost Estimate. Billings for any direct non -salary
costs shall be supported by copies of original bills or invoices. Reimbursement for outside consultants
and services shall be on the basis of times the invoiced amount.
4. The net fee, which represents the Consultants profit shall be 15 percent of direct salary plus overhead
costs. This fee is based on the Scope of Work and the estimated labor hours therein. In the event a
supplemental agreement is entered into for additional work by the Consultant, the supplemental
agreement will include provision for the added costs and an appropriate additional fee. The net fee will
be prorated and paid monthly in proportion to the percentage of the project completed as estimated in the
Consultant's monthly progress reports and approved by the City. Any portion of the net fee not
previously paid in the monthly payments shall be included in the final payment, subject to the provisions
of Section XI entitled TERMINATION OF AGREEMENT.
5. Progress payments may be claimed monthly for direct costs actually incurred to date as supported by
detailed statements, for overhead costs and for a proportionate amount of the net fee payable to the
Consultant based on the estimated percentage of the completion of the services to date. Final payment of
any balance due the Consultant of the gross amount earned will be made promptly upon its verification by
the City after completion and acceptance by the City of the work under this Agreement. Acceptance, by
the Consultant of final payment shall constitute full and final satisfaction of all amounts due or claimed to
be due.
Payment for extra work performed under this Agreement shall be paid as agreed to by the parties hereto in writing at
the time extra work is authorized. (Section VIII "EXTRA WORK").
A short narrative progress report shall accompany each voucher for progress payment. The report shall include
discussion of any problems and potential causes for delay.
To provide a means of verifying the invoiced salary costs for consultant employees, the City may conduct employee
interviews.
Acceptance of such final payment by the Consultant shall constitute a release of all claims of any nature, related to
this Agreement, which the Consultant may have against the City unless such claims are specifically reserved in
writing and transmitted to the City by the Consultant prior to its acceptance. Said final payment shall not, however,
be a bar to any claims that the City may have against the Consultant or to any remedies the City may pursue with
respect to such claims.
The Consultant and its subconsultants shall keep available for inspection, by the City, for a period of three years after
final payment, the cost records and accounts pertaining to this Agreement and all items related to, or bearing upon,
these records. If any litigation, claim or audit is started before the expiration of the three-year retention period, the
records shall be retained until all litigation, claims or audit findings involving the records have been resolved. The
three-year retention period starts when the Consultant receives final payment.
VII
CHANGES IN WORK
The Consultant shall make all such revisions and changes in the completed work of this Agreement as are necessary
to correct errors appearing therein, when required to do so by the City, without additional compensation.
Should the City find it desirable for its own purposes to have previously satisfactorily completed work or parts
thereof revised, the Consultant shall make such revisions, if requested and as directed by the City in writing. This
work shall be considered as Extra Work and will be paid for as provided in Section VIII.
VIII
EXTRA WORK
The City may desire to have the Consultant perform work or render services in connection with the Project in
addition to or other than work provided for by the expressed intent of the Scope of Work. Such work will be
considered as Extra Work and will be specified in a written supplement which will set forth the nature and scope
thereof. Work under a supplement shall not proceed until authorized in writing by the City. Any dispute as to
whether work is Extra Work or work already covered under this Agreement shall be resolved before the work is
undertaken. Performance of the work by the Consultant prior to resolution of any such dispute shall waive any claim
by the Consultant for compensation as Extra Work.
IX
EMPLOYMENT
The Consultant warrants that it has 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 he 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, gifts or any other consideration, contingent upon or resulting from the award or making of
this contract. For breach or violation of this warranty, the City 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, while engaged in the performance of any work or services required by the
Consultant under this Agreement, shall be considered employees of the Consultant only and not of the City and any
and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees, while so
engaged and any and all claims made by a third party as a consequence of any negligent act or omission on the part
of the Consultant's employees, while so engaged on any of the work or services provided to be rendered herein, shall
be the sole obligation and responsibility of the Consultant.
The Consultant shall not engage, on a full or part-time basis, or other basis, during the period of the contract, any
professional or technical personnel who are, or have been at any time during the period of this contract, in the employ
of the City except regularly retired employees, without written consent of the City.
If during the time period of this Agreement, the Consultant finds it necessary to increase its professional, technical, or
clerical staff as a result of this work, the Consultant will actively solicit minorities through their advertisement and
interview process.
X
NONDISCRIMINATION
The Consultant agrees not to discriminate against any client, employee or applicant for employment or for services
because of race, creed, color, national origin, marital status, sexual orientation, sex, age or handicap except for a bona
fide occupational qualification with regard to, but not limited to the following: employment upgrading; demotion or
transfer; recruitment or any recruitment advertising; layoff or termination's; rates of pay or other forms of
compensation; selection for training; rendition of services. The Consultant understands and agrees that if it violates
this Non -Discrimination provision, this Agreement may be terminated by the City and further that the Consultant
shall be barred from performing any services for the City now or in the future, unless a showing is made satisfactory
to the City that discriminatory practices have terminated and that recurrence of such action is unlikely.
XI
TERMINATION OF AGREEMENT
A. The City reserves the right to terminate this Agreement at any time upon not less than ten (10) days
written notice to the Consultant, subject to the City's obligation to pay Consultant in accordance with
subparagraphs C and D below.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory
personnel assigned to the project, 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 City. This section shall not be a bar
to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City
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 City's concurrence, desire to terminate this Agreement, payment
shall be made as set forth in Subsection C of this section.
C. In the event this Agreement is terminated by the City other than for fault on the part of the Consultant, a
final payment shall be made to the Consultant for actual cost for the work complete at the time of
termination of the Agreement, plus the following described portion of the net fee. The portion of the net
fee for which the Consultant shall be paid shall be the same ratio to the total net fee as the work complete
is to the total work required by the Agreement. In addition, the Consultant shall be paid on the same basis
as above for any authorized extra work completed. 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 as set forth herein above, then no final payment shall be due and the Consultant shall immediately
reimburse the City for any excess paid.
D. In the event the services of the Consultant are terminated by the City for fault on the part of the
Consultant, the above stated formula for payment shall not apply. In such an event the amount to be paid
shall be determined by the City 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 of a type which is usable
to the City at the time of termination, the cost to the City 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 City
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 if the formula set forth in subsection C above
had been applied.
E. In the event this Agreement is terminated prior to completion of the work, the original copies of all
Engineering plans, reports and documents prepared by the Consultant prior to termination shall become
the property of the City for its use without restriction. Such unrestricted use not occurring as a part of this
project, shall be without liability or legal exposure to the Consultant.
F. Payment for any part of the work by the City shall not constitute a waiver by the City 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 City. 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.
XII
DISPUTES
Any dispute concerning questions of facts in connection with work not disposed of by agreement between the
Consultant and the City shall be referred for determination to the Director of Planning/ Building/Public Works or
his/her successors and delegees, whose decision in the matter shall be final and conclusive on the parties to this
Agreement.
In the event that either party is required to institute legal action or proceedings to enforce any of its rights in this
Agreement, both parties agree that any such action shall be brought in the Superior Court of the State of Washington,
situated in King County.
XIII
LEGAL RELATIONS
The Consultant shall comply with all Federal Government, 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 Washington.
The Consultant agrees to indemnify, defend and hold the City 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 part from the
Consultant's errors, omissions, or negligent acts under this Agreement provided that nothing herein shall require the
Consultant to indemnify the City against and hold harmless the City from claims, demands or suits based upon the
conduct of the City, its officers or 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 City, its agents, officers and
employees, this provision with respect to claims or suits based upon such concurrent negligence shall be valid and
enforceable only to the extent of the Consultant's negligence or the negligence of the Consultant's agents or
employees except as limited below.
The Consultant shall secure general liability, property damage, auto liability, and professional liability coverage in
the amount of $1.0 million, with a General Aggregate in the amount of $2.0 million, unless waived or reduced by the
City. The Consultant shall submit a completed City of Renton Insurance Information Form, and the Standard Acord
Certification Form prior to the execution of the contract.
The City of Renton will be named as Additional Insured(s) on (CONTRACTOR'S) policy, with that coverage being
primary and non-contributory with any other policy(ies) available to the City. A copy of the endorsement shall be
provided to the City.
The limits of said insurance shall not, however, limit the liability of Consultant hereunder.
All coverages provided by the Consultant shall be in a form, and underwritten by a company acceptable to the City.
The City will normally require carriers to have minimum A.M. Best rating of A XII. The Consultant shall keep all
required coverages in full force and effect during the life of this project, and a minimum of forty five days' written
notice shall be given to the City prior to the cancellation of any policy.
The Consultant shall also submit copies of the declarations pages of relevant insurance policies to the City within 30
days of contract acceptance if requested. The Certification and Declaration page(s) shall be in a form as approved by
the City. If the City's Risk Manager has the Declaration page(s) on file from a previous contract and no changes in
insurance coverage has occurred, only the Certification Form will be required.
The Consultant shall verify, when submitting first payment invoice and annually thereafter, possession of a current
City of Renton business license while conducting work for the City. The Consultant shall require, and provide
verification upon request, that all subconsultants participating in a City project possess a current City of Renton
business license. The Consultant shall provide, and obtain City approval of, a traffic control plan prior to conducting
work in City right-of-way. The Consultant's relation to the City shall be at all times as an independent contractor.
It is further specifically and expressly understood that the indemnification provided herein constitute the Consultant's
waiver of immunity under the Industrial Insurance Act, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall
survive the expiration or termination of this agreement.
XIV
SUBLETTING OR ASSIGNING OF CONTRACTS
The Consultant shall not sublet or assign any of the work covered by this Agreement without the express consent of
the City.
XV
ENDORSEMENT OF PLANS
The Consultant shall place their certification on all plans, specifications, estimates or any other engineering data
furnished by them in accordance with RCW 18.43.070.
XVI
COMPLETE AGREEMENT
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. Any supplements to this Agreement will be in writing and executed and will become part of this Agreement.
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.
The invalidity or unenforceability of any provision in this Agreement shall not affect the other provisions hereof, and
this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted.
XVII
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 Request for Qualifications, and the supporting materials
submitted by the Consultant, and does hereby accept the Agreement and agrees to all of the terms and conditions
thereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above
written.
CONSULTANT
3-�6 D
Signature Date
t e c r print name
Title
CITY OF RENTON
Denis Law, Mayor Date
ATTEST:
Bonnie I. Walton, City Clerk
Exhibit A - Scope of Work
City of Renton
Reservoir Feasibility Study
General
The purpose of the study is to conduct a study of the feasibility of siting a reservoir on property owned by a
private developer, Gary Merlino, (the "Developer") near Monster Road in Renton to serve the 196 zone in
the City's water system. The developer is currently modifying the site and will continue to change the
property by filling and regrading the site. Therefore, this study shall also recommend guidelines for filling
and so that it will be suitable for supporting the reservoir.
Task 1 Site Feasibility
Objective: To evaluate the existing site to determine its feasibility for constructing a 5 million gallon
reservoir.
Work:
• Gather and review available information on the site. This includes maps, studies, survey, and soil
information.
• Meet with the City and the Developer at the site to discuss the reservoir and to agree on its exact
placement within the site.
• Conduct geotechnical investigations including review of available geologic and geotechnical data,
excavate two or three test pits at the proposed tank site with a track mounted backhoe, perform
slope stability analysis based on the test pit data, map the rock slope north of the reservoir so that its
stability can be evaluated, prepare a geotechnical report summarizing the results of the
investigations, and provide geotechnical recommendations for any further site earthwork expected
to occur prior to property transfer.
• Conduct a Phase 1 Environmental Site Assessment (ESA) of the proposed reservoir site to identify
environmental conditions from current and past uses that could be of concern and to protect the City
from potential liability from pre-existing conditions. The scope will include review of federal and
state data bases for evidence of any pollution events on or near the property, the physical setting of
the site, historical use, and a site reconnaissance to identify existing environmental conditions. The
findings will be summarized in a report that will be included as an appendix to the reservoir
feasibility report.
Deliverable: Task memorandum plus geotechnical and Phase 1 ESA reports.
Task 2 Conceptual Engineering
Objective: To establish the design concepts and preliminary costs for the reservoir and to evaluate its
integration into the City's water system.
Work:
• Prepare conceptual layouts for a 5 million gallon reservoir on the site. Two options will be
addressed: 1) a circular steel reservoir and 2) a square or rectangular concrete reservoir. Prepare
10
drawings showing their placement, design concepts, auxiliary features, and the pipeline connecting
to the City's water system. Identify property and easement requirements.
• Prepare planning level cost estimates for the two reservoir alternatives.
• Using the City's water system model, review the performance of the proposed reservoir as part of
the City's system and identify any improvements to the existing system that may be required for the
reservoir to be effectively integrated into the operation.
• Prepare a draft report summarizing the investigations into the feasibility of the reservoir and site;
with findings, conclusions, and recommendations. Submit three (3 copies) for City review.
• Meet with City to discuss the report findings and recommendations. Attend one meeting with the
developer to review the report findings and to clarify and issues.
• Incorporate comments into a final report, deliver ten (10) copies to the City. Provide an electronic
version of the report (both in pdf and word/CAD files) to the City.
Deliverable: Draft and final reservoir feasibility report with drawings and cost information, also
incorporating the information from Task 1, including the geotechnical and Phase 1 ESA reports as
appendices.
Additional Services
1. Presentation of the report and its findings to City council or others.
2. Assistance to the City in negotiations for purchase of the property for the reservoir.
3. Property survey of the site.
4. Engineering services for the design and/or construction of the reservoir.
Assumptions
The City and the Developer will make available existing maps, studies, and other information
concerning the site.
2. We will use available mapping for the report.
3. We will use available survey information for the report; field surveys are not included in the scope of
services.
4. The Developer will allow Beck personnel and its subconsultants access to the site to conduct site
reconnaissance and subsurface investigations.
Exhibit B - Schedule
Preliminary Reservoir Feasibility Study
Elapsed Time in Weeks
Tasks
1
2
3
415
617
8
9
10
11112113
14
15
1
!Site Feasibility
-I
Review Information
-
Meet with City/Developer
•
Geotechnical Investigations
Phase 1 ESA Study
'
Task Memorandum
IIT
2
Conceptual Engineering
Design Concepts
Cost Estimates
_
System Integration
Draft Report
'
Meet with City
Meet with City/Developer _
+�
(
•
Final Report
12
Exhibit C1 - Cost Estimate
City of Renton
Preliminary Reservoir Feasibility Study
Total a or
Subtotal
Costs with
Total
Labor
Direct
Overhead
Labor with
Profit (@
Labor and
Task No.
Task Description
Hours
Labor
186.10%
Overhead
15%)
Expenses
Expenses
0100
Site Feasibility
$ 14,725
$ 14,725
Project Manager
40
$ 2,561
$ 4,766
$ 7,327
$ 8,426
$ 8,426
Project Assistant
12
$ 317
$ 590
$ 907
$ 1,043
$ 1,043
QA/QC
4
$ 296
$ 551
$ 847
$ 974
$ 974
Subtotal
56
$ 3,174
$ 5,907
$ 9,081
$ 10,443
$ 14,725
$ 25,168
0200
Conceptual Engineering
$ 2,931
$ 2,931
Project Manager
56
$ 3,586
$ 6,674
$ 10,260
$ 11,798
$ 11,798
Structural Engineer
40
$ 1,908
$ 3,551
$ 5,459
$ 6,278
$ 6,278
Senior Engineer
48
$ 1,994
$ 3,711
$ 5,705
$ 6,561
$ 6,561
CAD
4
$ 295
$ 549
$ 844
$ 971
$ 971
Project Assistant
32
$ 1,040
$ 1,935
$ 2,975
$ 3,422
$ 3,422
QA/QC
22
$ 582
$ 1,083
$ 1,665
$ 1,915
$ 1,915
Subtotal 202 $ 9,405 $ 17,503 $ 26,908 $ 30,944 $ 2,931 $ 33,875
Total $ 59,043
Contingency $ 10,000
Grand Total $ 69,043
13
Exhibit C-2
City of Renton
Preliminary Reservoir Feasibility Study
Detail of Expenses
R. W. Beck
Computer (258 hours @ $5.00) = $1,290
Travel 200 miles @ $0.55 =
Reproduction 1,000 pages @$0.10
Miscellaneous expenses @ actual cost (postage, delivery, supplies)
Subtotal
Subconsultants
Phase 1 Environmental Site Assessment
Geotechnical Investigations
Cost Estimating
Subconsultant Mark-up @ 10%
Subtotal
Total Expenses
Total
Task 1
Task 2
$ 1,290
$ 280
$ 1,010
110
55
55
100
30
70
140
60
80
1,640
425
1,215
3,000
3,000
10,000
10,000
1,560
1,560
1,456
1,300
156
16,016
14,300
1,716
$ 17,656 $ 14,725 $ 2,931
14
COST PLUS NET FEE DETERMINATION
DIRECT SALARY COST:
Personnel
Project Manager
Structural Engineer
Senior Engineer
CAD
Project Assistant
QA/QC
Net Fee 15 % of direct salary cost plus overhead
DIRECT NON -SALARY COST:
Travel and Per Diem
Cars at $0.55/mile
Per Diem: N/A
Office and Equipment
Computer $5.00/hour
Reproduction Expenses @ $0.10 per copy
Hourly Rates of Pay
$ 64.00
$49.60
$43.20
$30.00
$27.50
$73.80
15
R W BECK
SUMMARY INDIRECT COST RATE COMPUTATION
Source: Books of Account as of Period Ended December 31, 2007
Employee Labor Charged to Direct Work Orders (2)
Direct Labor Base
Fringe Benefits (Refer to Attachment A)
Overhead Expense (Refer to Attachment B)
Subtotal Indirect Cost Rate
Cost of Facilities Capital (1) (Refer to Attachment A)
Total Indirect Cost Rate
(I) -Cost of Facilities Capital is an element of cost required to be
allowable by all Federal Government Agencies
(2) - Employee Labor Charged to Direct Work Orders
Factor to eliminate Employee variance (4)
(4)-Actual Salaries Paid to Employees
Employee Labor Charged to Expense Accounts
Variance Balance
Computation of Factor: (i) / (ii)
$19,939,423 67.80%
$34,653,681 117.84%
185.64%
$136,741 0.46%
186,10%
$29,408,630
$29,408,630
$29,622,235
0.9928
$29,408,630
$53,997,511
$54,389,714
($392,203)
0.9928
16
R.W. BECK
ATTACHMENT A
FRINGE BENEFIT ANALYSIS
Source: Books of Account as of Period Ended December 31, 2007
Classification Amowrt
Payroll Taxes
$3,985,654
Medical Insurance Premiums
2,884,976
Flex Income
110,017
Life Insurance
361,499
Less Owner Life Insurance
(261,655)
Liability Insurance Premiums
202,900
Employee Retirement: Fixed
2,915,760
Employee Bonus
3,641,510
Holiday and Vacation Pay
4,496,047
Factor
0.9928
Total Holiday and Vacation Pay
4,463,626
4,463,626
Vested Vacation Compensation
349,380
Unused Vacation Compensation
235,675
Sick Leave Pay
915,749
Factor
0.9928
Total Sick Leave Pay
909,145
909,145
Unused Sick Leave Compensation
33,976
Extended Sick Leave, Other
107,738
Factor
0.9928
Total Extended Sick Leave, Other
106,961
106,961
$19,939,423
COST OF FACILITIES CAPITAL COMPUTATION
Source: Books ofAccount as of Period Endied December 31, 2007
Computer
Overhead Division
Cost Pool Cost Pool
Net Book Value of Facilities Capital:
As of December 31, 2006 1,491,990 1,839,183
As of December 31, 2007 3,480,415 2,360,657
Average Facilities Capital for Fiscal Year Ended December 31, 2007 $2,486,203 $2,099,920
Arithmetic Mean of Interest Rates as
Specified by the Secretary of the
Treasury for the January 1, 2007 -
December 31, 2007 period
Cost of Facilities Capital
Period
Rate
Jan -Jun, 2007
5.250%
Jul -Dec, 2007
5.750%
5.50% 5.50%
$136,741 $115,496
Weighted
Months Rate Average
6 31.500%
6 34.500%
12 66.000% 5.50%
Page 2 of 3
1!
RW BECK
ATTACHMENT B
OVERIIEAD EXPENSE ANALYSIS
Source: Books of Account as of Period Ended December 31, 2007
Analysis of Overhead Costs
Expenses Per Less: Allowable Less: Overhead
General Ledger Disallowed Expenses Computer Services Cost Pool
Expenses Cost Pool
701.01 Owner Labor
5,388,963
(38,860)
5,350,103
0
5,350,103
701.11 Employee Labor
12,368,942
(89,192)
12,279,750
1,169,500
11,110,250
701.11 Executive Salary Limit
0
0
0
0
701.20 Employee Labor - Other
1,140,659
(8.225)
1,132,434
1,474
1,130,960
701.20 Employee Labor- Signing Bonus/Housing
Allowance
(622,092)
(622,092)
0
(622,092)
710.02 Professional Services
2,791,463
2,791.463
5,801
2,785,662
710.03 Technical and Stenographic Services
213,366
213,366
12,506
200,861
710.04 Suvp. Contract Staff
570
570
0
570
711.01 Meals
676,866
(165,384)
511,483
6,255
505,228
711.02 Hotel
875,422
(187,340)
688,082
9,052
679.030
711.03 Surface Travel
511,734
511,734
7,420
504,314
711.04 Air Travel
1,119,699
(4,479)
1,115,220
11,566
1,103,654
711,05 Miscellaneous Travel
19,004
19,004
135
18,869
712.01 Entertainment
187,545
(187,545)
0
0
0
712.02 Business Gifts
130,994
(130,994)
0
0
0
712.03 Advertising
456,528
(202,865)
253,663
0
253,663
712.04 Donations
72,759
(72.759)
0
0
0
713.01 Voice Communications
855,807
855,807
285,214
570,593
713.02 Postage
36,667
36,667
231
36,436
713.03 Delivery and Shipping
303,657
303,657
21,001
282.656
713.04 Supplies
933,294
933,294
109,185
824,110
713.05 Printing and Reproduction
327,220
327,220
3,634
323,586
713.06 Maps
1,525
1,525
0
1,525
713.07 Books and Publications
130,727
130,727
1,634
129,092
713.08 Dues, Licenses and Fees
1,380,447
(95,690)
1.284,757
21,688
1,263,069
713.09 Electronic Data
78,765
78,765
76
78,689
714.01 Building Rent
4,857,271
4,857,271
136,065
4,721,206
714.02 Equipment Rent
614,749
614,749
47.938
566,811
714.03 Repair and Maintenance
185,022
185,022
17,138
167,885
714.04 Utilities
61,658
61,658
0
61,658
714.05 Depreciation
927,139
927,139
442,787
484,351
714.06 Software Amortization
446,831
446,831
212,837
233,995
715.01 Business Taxes
365,788
365,788
365,788
715.03 Personal Property Taxes
41,624
41,624
19,059
22,565
715.04 Company Insurance
1,041,348
1.041,348
0
1,041,348
718.01 Programming Support Service
0
0
0
0
719.01 Miscellaneous
II
I
0
11
720.01 Microcomputer -Type 1
638,585
638,585
74,568
564,018
720.02 Microcomputer -Type 2
550,853
550,853
44,355
506,498
720.03 Purchased Software
103,714
103,714
62,589
41,125
720.04 Purchased Computer Equipment
243.234
243,234
97,860
145,375
720.05 Computer Services - Service Bureau
0
0
0
0
720.07 Software Rent and Maintenance
629,477
629,477
167,085
462,391
720.08 Program Use Fee
(5,200)
(5,200)
0
(5,200)
720.09 Computer Services - Other
1.420
1,420
0
1,420
750.01 Expense Offset - Printing
(341,077)
(341,077)
0
(341,077)
750.02 ExpenseOffset- Equipment
(6,081)
(6,081)
(810)
(5,271)
750.04 Expense Offset - Other
(26,187)
(26,187)
0
(26,187)
750.05 Long Distance Telephone Offset
74,727
74,727
0
74,727
750.07 Conference Offset
(53,216)
(53,216)
0
(53,216)
751.06 Expense Offset - PC Type 1
(1,290,706)
(1,290,706)
(1,290,706)
0
751.07 Expense Offset -PCType 2
(1,776,465)
(1,776,465)
(1,776,465)
0
751.08 Expense Offset - Program Use
(33,659)
(33,659)
(5,959)
(27,700)
751.09 Expense Offset- Laptop
(11,020)
(11,020)
(11,020)
0
Sub Total
37.242.463 (1,805,424) 35,437,038
(96,310)
35,533,348
Less: Public Relations Costs
(111,003)
0
(111,003)
Less: Branding and Acquistions
(754,903)
0
(754,903)
Less: Legal Collection Costs
(9,953)
0
(9,953)
Less: Overhead Pool Portion of Computer Variance
0
0
0
Less: Gain/Loss on Disposition of Fixed Asset;
2,219
6.028
(3.809)
Total Overhead Expense 37 242 463 (1 805 4 4) 34 563 399 (90 29) 34653681
Imputed Cost of Facilities Capital
115,496 136,741
25.214 34 790.422
.18
EXHIBIT C (cont.)
SUMMARY OF FEE FOR ENGINEERING SERVICES
BREAKDOWN OF OVERHEAD COST
See "RW Beck Summary Indirect Cost Computation"
TOTAL
SUMMARY OF COSTS
186.10 %
Project No. WTR-13-0108
Name of Project 196 Zone Reservoir Preliminary Feasability Study
DirectSalary Cost......................................................................................................................... $12,579.00
Overhead Cost (including
payroll additives.................................................................................186.10 % $23,410.00
Sub -Total $35,989.00
NetFee.......................................................................................................... 15% $5,398.35
Direct Non -Salary Costs:
a. Travel and per diem ...................................................... $ 110.00
b. Reproduction expenses ................................................. $ 100.00
C. Computer expense....................................................... $1,290.00
d. Outside consultants .................................................. $ 16,016.00
e. Other (misc postage, delivery, supplies) ....................... $ 140.00
Total $ 17,656.00
Sub Total $ 17,656.00
Contingency.............................................................................. $10,000.00
GRAND TOTAL $ 63,0433.35
19
RESOLUTION NO. 3229
CITY OF RENTON
SUMMARY OF FAIR PRACTICES POLICY
ADOPTED BY RESOLUTION NO. 3 2 2 9
It is the policy of the City of Renton to promote and provide equal treatment and service to all citizens and to
ensure equal employment opportunity to all persons without regard to race, color, national origin, ethnic
background, gender, marital status, religion, age or disability, when the City of Renton can reasonably
accommodate the disability, of employees and applicants for employment and fair, non-discriminatory
treatment to all citizens. All departments of the City of Renton shall adhere to the following guidelines:
(1) EMPLOYMENT PRACTICES - The City of Renton will ensure all employment related
activities included recruitment, selection, promotion, demotion, training, retention and
separation are conducted in a manner which is based on job -related criteria which does not
discriminate against women, minorities and other protected classes. Human resources
decisions will be in accordance with individual performance, staffing requirements, governing
civil service rules, and labor contract agreements.
(2) COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS - The City of Renton will
cooperate fully with all organizations and commissions organized to promote fair practices and
equal opportunity in employment.
(3) AFFIRMATIVE ACTION PLAN - The City of Renton Affirmative Action Plan and Equal
Employment Program will be maintained and administered to facilitate equitable
representation with the City work force and to assure equal employment opportunity to all. It
shall be the responsibility of elected officials, the Mayor, the Affirmative Action Officer,
department administrators, managers, supervisors, Contract Compliance Officers and all
employees to carry out the policies, guidelines and corrective measures set forth in the
Affirmative Action Plan and Equal Employment Program.
(4) CONTRACTORS' OBLIGATIONS - Contractors, sub -contractors, consultants and
suppliers conducting business with the City of Renton shall affirm and subscribe to the Fair
Practices and Non-discrimination policies set forth by the law and in the City's Affirmative
Action Plan and Equal Employment Program.
Copies of this policy shall be distributed to all City employees, shall appear in all operational documentation
of the City, including bid calls, and shall be prominently displayed in appropriate city facilities.
CONCUPMED IN by the City Council of the City of RENTON, Washington, this 7 thday of October, 1996.
CITY OF RENTON:
Mayor
.Attest:
ler
RENTON CITY COUNCIL:
Council President
20
TY
AFFIDAVIT OF COMPLIANCE
R. W. Beck, Inc. hereby confirms and declares that
( Name of contractor/subcontractor/consultant/supplier)
It is R. W. Beck, Inc.
( Name of contractor/subcontractor/con sultan t/supplier)
policy to offer equal
opportunity to all qualified employees and applicants for employment without regard to
the race, creed, color, sex, national origin, age, disability or veteran status.
II. R. W. Beck, Inc. complies with all applicable
(Name of contractor/subcontractor/consultant)
federal, state and local laws governing non-discrimination in employment.
III. When applicable,
R. W. Beck, Inc.
(Name of contractor/subcontractor/consultant)
negotiate with minority and women contractors for the award of subcontracts.
1
Print Agent/Representati e's Name
Print Agent/Representative's Title
Agent/Representative's Signat e
Date Signed
will seek out and
Instructions: This document MUST be completed by each contractor, subcontractor, consultant and/or supplier.
Include or attach this document(s) with the contract.
21
RWBECKINC
ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE 3/25/DD/YYY1�
325/2009
PRODUCER Commercial Lines ... 206-892-9200 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Wells Fargo Insurances Services Northwest, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
601 Union Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Seattle, WA 98101 INSURERS AFFORDING COVERAGE NAIC #
INSURED R.W. Beck Inc. - INSURER A: Traveler's Property & Casualty Company of Ameri 25674
1001 Fourth Avenue Suite 2500 INSURER a: Lexington Insurance Company 19437
Seattle, WA98154 INSURERC:
INSURER D:
INSURER E:
GUVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
INSRE
TYPE OF INSURANCE
POLICY NUMBER
POLICYEFFECTNE
p p
POLICY EXPIRATION
LIMITS
A
GENERAL LIABILITY
P6605982CO40TIL08
7/1/2008
7/1/2009
EACH OCCURRENCE
f 1,000,000
X COMMERCIAL GENERAL LIABILITY
DAMAGE TO REND TTEEDD
FrenceI
f . 100,000
MED E XP An ( y one person)
S 5,000
CLAIMS MADE OCCUR
�
PERSONAL & ADV INJURY
$ 1.000.000
GENERALAGGREGATE
$ 2,000.000
GEN'L AGGREGATE LIMIT APPLIES PER:
NJECT
PRODUCTS - COMPIOP AGG
S 2.000,000
POLICY PRO-
LOC
A
AUTOMOBILE LIABILITY
X ANY AUTO
P810532D5822TIL08
7/1/2008
7/1/2009
COMBINED SINGLE LIMIT
(Ea accident)
f 1,000,000
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per person)
f
X HIREDAUTOS
X NON -OWNED AUTOS
BODILY INJURY
(Per accident)
ii
f
PROPERTY DAMAGE
(Per accideN)
f
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
f
OTHER THAN EA ACC
$
ANY AUTO
$
—E
AUTO ONLY: AGG
EXCESS/UMBRELLA LIABILITY
EACH OCCURRENCE
$
AGGREGATE
$
OCCUR CLAIMS MADE
S
f
DEDUCTIBLE
f
RETENTION $
A
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
PJUB532D803708
7/1/2008
7/1/2009
X WC STATI} 1PR
E.L. EACH ACCIDENT
-
$ 1,000,000
ANY PROPRIETOR/PARTNER/EXECUTIVE
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
OFFICER/MEMBER EXCLUDED?
If yyes, describe under
SPECIAL PROVISIONS below
E.L. DISEASE - POLICY LIMIT
f 1.000,000
OTHER
B
Professional Liability
0333976
07/012008
07/01/2009
$1,000,000 Each Claim
$1,000,000 Annual Agg.
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Re: WTR-13-0108, 196 Zone Reservoir Preliminary Feasibility Study.
City of Renton is included as an additional insured as respects their interest may appear.
CERTIFICATE HOLDER
CANCELLATION Ten Day Notice for Non -Payment
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ' DAYS WRITTEN
City of Renton
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO $O SHALL
1055 South Grady Way
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
Renton, WA 98057
REPRESENTATIVES.
Attn: Paul Sulky
AUTHORIZED REPRESENTATIVE
Attn: J.D. Wilson
.-�
ACORD 25 (2001108) 1 of 2 442932
- ----------
This certificate replaces certificate# 442928 issued on 3/25/2009
O ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-S (2001/08) 2 of 2 #S915260/M915043
Policy Number: P6605982CO40TIL08
CG 2010 07 04
Effective Date: 7/1/2008
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Oreanization(s): I Location(s) Of Covered Operations
ANY ENTITY FOR WHOM YOU ARE PERFORMING
ONGOING OPERATIONS, BUT ONLY IF REQUIRED BY
WRITTEN CONTRACT PRIOR TO AN "OCCURRENCE"
OR LOSS
A. Section U — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with
respect to liability for "bodily injury", "property
damage" or "personal and advertising injury" caused,
in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for the
additional insured(s) at the location(s) designated
above.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply.
ALL COVERED PROJECTS
will be shown in the
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or equipment
furnished in connection with such work, on the
project (other than service, maintenance or
repairs) to be performed by or on behalf of the
additional insured(s) at the location of the
covered operations has been completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization other
than another contractor or subcontractor engaged
in performing operations for a principal as a part
of the same project.
Re; Project — WTR-13-0108,196 Zone Reservoir Preliminary Feasibility Study
CG 2010 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 0
POLICY NUMBER: P810532D5822TIL08 COMMERCIAL AUTO
ISSUE DATE: - -
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
Paragraph c. of the WHO IS AN INSURED provision
includes the person or organization indicated below,
but only for his, her or its liability because of acts or
omissions of an "insured" under paragraphs a. or b, of
that provision, subject to the following additional pro-
visions:
Person or Organization
City of Renton
1055 South Grady Way
Renton, WA 98057
Attn: Paul Sulky
Attn: J.D. Wilson
1. No liability is assumed by that person or organi-
zation for the payment of any premiums stated in
the policy or earned under the policy.
2. In the event of cancellation of the policy, written
notice of cancellation will be mailed by us to that
person or organization.
Address
Re: Project - WTR-13-0108,196 Zone Reservoir Preliminary Feasibility Study
CA T3 01 02 99 Page 1 of 1
CITY OF RENTON COUNCIL AGENDA BILL
Submitting Data: Public Works
Dept/Div/Board.. Utility Systems/Water Utility
Staff Contact...... Abdoul Gafour, x7210
J.D. Wilson. x7295
Subject:
Engineering Consultant Agreement with R.W. Beck for
Cascade Water Alliance Water Audit and Evaluation of
Membership
Exhibits:
Issue Paper
Engineering Consultant Agreement
Al 9:
For Agenda of:
At)ril 27.2009
Agenda Status
Consent ..............
Public Hearing..
Correspondence..
Ordinance .............
Resolution ............
Old Business........
New Business.......
Study Sessions......
Information........ .
X
Recommended Action: Approvals:
Council Concur Legal Dept......... X
Finance Dept...... X
Other ...............
Fiscal Impact:
Expenditure Required $46,629.00 Transfer/Amendment....... N/A
Amount Budgeted $50,000 (for this contract) Revenue Generated......... N/A
(Acct. No. 425/u55599)
Total Project Budget $100,000 (2009 budget) City Share Total Project 100%
SUMMARY OF ACTION:
The Water Utility requests approval of the Engineering Consultant Agreement with R.W. Beck, in the
amount of $46,629.00, to prepare a water audit of the City's water system and to evaluate the costs
and benefits for the City to consider membership with the Cascade Water Alliance. The City will
be able to secure additional long-term water supply from Cascade Water Alliance, if it becomes a
member and enters into a Membership Audit Acceptance Agreement.
The Water Utility selected R.W. Beck, from the approved 2009 Utility Systems Annual Consultant
Roster, to perform this work.
The Water Utility has budgeted sufficient funds in its 2009 Capital Improvement Program budget to
cover the cost of the consultant contract.
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the Engineering Consultant Agreement with R.W.
Beck, in the amount of $46,629.00, for consultant services related to perform a water audit and
cost -benefit analysis for the City's evaluation of membership with Cascade Water Alliance.
H:\File Sys\WTR - Drinking Water Utility\WTR-13 - Studies & Project Development\WTR-13-0109 -Cascade Water Alliance
Audit\Contract\A gnb i l l_C W AAudit. doc\AG aw
/Uti;, PUBLIC WORKS DEPARTMENT
M E M O R A N D U M
DATE:
April 16, 2009
TO:
Randy Corman, Council President
Members of the Renton City Council
VIA: ��'
Denis Law, Mayor
FROM:
Gregg Zimmerm4ministrator
STAFF CONTACT:
Abdoul Gafour, Water Utility Supervisor (ext. 7210)
J.D. Wilson, Water Utility Engineer (ext. 7295)
SUBJECT: Engineering Consultant Agreement with R.W. Beck for
Cascade Water Alliance Water Audit and Evaluation of
Membership
ISSUE:
Should Council approve the Engineering Consultant Agreement with R.W. Beck, in the
amount of $46,629.00, to prepare a water audit of the City's water system and to evaluate
the costs and benefits for the City to consider membership with the Cascade Water
Alliance?
RECOMMENDATION:
Approve the Engineering Consultant Agreement and authorize the Mayor and City Clerk to
execute the contract with R.W. Beck, in the amount of $46,629.00, for consultant services
related to the preparation of the water audit of the City's water system and to evaluate the
costs and benefits for the City to consider membership with the Cascade Water Alliance.
BACKGROUND SUMMARY:
As part of the City's progressive long-range water supply planning, the Water Utility needs
to evaluate alternate sources of water supply to meet the projected growing water demand
from population growth and from development within the City's water service area. Based
on demographic forecasts from the Puget Sound Regional Council and from the City's.
Department of Community and Economic Development, the projected water demand with
the full build -out of developable lands within the City's.water service area is estimated to
exceed the City's annual certificated total water rights by 2028 to 2031.
The City will be able to secure additional long-term water supply from Cascade Water
Alliance, if it becomes a member and enters into a Membership Audit Acceptance
Agreement.
Council/CWA Water Audit
April 16, 2009
Page 2 of 2
Cascade Water Alliance is an association of eight cities and water districts in King County,
including the cities of Bellevue, Kirkland, Issaquah, Redmond, Tukwila, the Covington
Water District, the Sammamish Plateau Water and Sewer District, and the Skyway Water
and Sewer District. Cascade Water Alliance is developing Lake Tapps as a new municipal
water supply and will construct the necessary infrastructure, including water treatment
facility and transmission pipeline, anticipated in the mid-2020's.
In order to evaluate the cost and benefits for the City's membership with Cascade Water
Alliance, the Water Utility needs to enter into a consultant contract with R.W. Beck to
perform a water audit of the City's water system. The purpose of the water audit is to
identify the supply relationship and supply commitment between Cascade Water Alliance
and its members, documenting each member's official service area and independent supply
sources. The audit will include a review of the City's independent supply sources, and will
be used to calculate the independent supply credits to the City for use against future
Regional Capital Facilities Charge (RCFC) levied by Cascade Water Alliance. The
consultant will perform the audit in accordance with methodologies established by Cascade
Water Alliance so the audit could be used to meet Cascade Water Alliance's water audit
requirements if the City decides to become a member. The results of the study will be
reflected in the next update of the Water System Plan, due in 2012.
As part of our evaluation of various alternatives to increase the City's water supply, the
Water Utility has completed the pre -design study for the construction of water treatment
improvements for Well 5A. The planning level cost estimate for the design and
construction of the proposed treatment facility is estimated at $12 million. We have also
started discussions with Seattle Public Utilities (SPU) to secure a long-term water supply
contract, which could include an additional supply to supplement the City's projected water
demand. It is anticipated that contract negotiations with SPU will continue through the end
of 2010. The water audit will include a cost benefit evaluation of the City's purchase of water
from Cascade Water Alliance and from Seattle Public Utilities.
The Water Utility selected. R.W. Beck, from the approved 2009 Utility Systems Annual
Consultant Roster, to perform this work and has budgeted sufficient funding ($100,000) for
this consultant contract in the 2009 Capital Improvement Program budget for the Cascade
Water Alliance Study. (425/u55599)
CONCLUSION:
As part of the City's long-range water supply planning, the Water Utility needs to conduct a
water audit of the City's water system to evaluate potential membership with Cascade
Water Alliance. Council's approval of the contract with R.W. Beck, in the amount of
$46,629.00, is needed for the consultant to perform the necessary water audit and cost -
benefit analysis required for membership evaluation.
cc: Lys Hornsby, Utility Systems Director
File
H:\File Sys\WTR - Drinking Water Utility\WTR-13 - Studies & Project Developmen6WTR-13-0109 - Cascade Water
Alliance Audit\Contract\revised-Issue-Paper-CWAAudit.doc\AGaw
ENGINEERING
ANNUAL CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into on this , day of by and between the CITY
OF RENTON, WASHINGTON, A MUNICIPAL CORPORATION HEREINAFTER CALLED THE "CITY," and
R.W. Beck, Inc. whose address is 1001 Fourth Avenue, Suite 2500, Seattle, WA 98154-1004, at which work will
be available for inspection, hereinafter called the "CONSULTANT."
PROJECT NAME: Cascade Water Alliance Water Audit and Evaluation of Membership
WHEREAS, the City has not sufficient qualified engineering employees to provide the engineering within a
reasonable time and the City deems it advisable and is desirous of engaging the professional services and assistance
of a qualified professional consulting firm to do the necessary engineering work for the project, and
WHEREAS, the Consultant has represented and by entering into this Agreement now represents, that it is in full
compliance with the statutes of the State of Washington for registration of professional engineers, has a current valid
corporate certificate from the State of Washington or has a valid assumed name filing with the Secretary of State and
that all personnel to be assigned to the work required under this Agreement are fully qualified to perform the work to
which they will be assigned in a competent and professional manner, and that sufficient qualified personnel are on
staff or readily available to Consultant to staff this Agreement.
WHEREAS, the Consultant has indicated that it desires to do the work set forth in the Agreement upon the terms and
conditions set forth below.
NOW THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein below,
the parties hereto agree as follows:
SCOPE OF WORK
The Consultant shall furnish, and hereby warrants that it has, the necessary equipment, materials, and professionally
trained and experienced personnel to facilitate completion of the work described in Exhibit A, Scope of Work, which
is attached hereto and incorporated into this Agreement as though fully set forth herein.
The Consultant shall perform all work described in this Agreement in accordance with the latest edition and
amendments to local and state regulations, guidelines and policies.
The Consultant shall prepare such information and studies as it may deem pertinent and necessary, in order to pass
judgment in a sound engineering manner on the features of the work. The Consultant shall make such minor
changes, amendments or revisions in the detail of the work as may be required by the City. This item does not
constitute an "Extra Work" item as related in Section VIII of the Agreement.
The work shall be verified for accuracy by a complete check by the Consultant. The Consultant will be held
responsible for the accuracy of the work, even though the work has been accepted by the City.
II
DESIGN CRITERIA
The City will designate the basic premises and criteria for the work needed. Reports and plans, to the extent feasible,
shall be developed in accordance with the latest edition and amendments of local and State regulations, guidelines,
and specifications, including, but not limited to the following:
1. Washington State Department of Transportation/American Public Works Association (WSDOT/APWA),
"Standard Specifications for Road, Bridge, and Municipal Construction," as amended by Renton Standard
Specification.
2. WSDOT/APWA, "Standard Plans for Road, Bridge and Municipal Construction."
3. Washington State Department of Transportation, "Highway Design Manual."
4. American Association of State Highway and Transportation Officials, "Standard Specifications for
Highway Bridges."
5. Washington State Department of Transportation, "Bridge Design Manual, Volumes 1 and 2."
6. Washington State Department of Transportation, "Manual of Highways Hydraulics," except hydrologic
analysis as described in item 14.
7. Washington State Department of Transportation, "Materials Laboratory Outline."
8. Transportation Research Board, "Highway Capacity Manual."
9. U.S. Department of Transportation, Federal Highway Administration, "Manual on Uniform Traffic
Control Devices for Streets and Highways."
10. Washington State Department of Transportation, "Construction Manual."
11. Washington State Department of Transportation, "Local Agency Guidelines."
12. Standard drawings prepared by the City and furnished to the Consultant shall be used as a guide in all
cases where they fit design conditions. Renton Design Standards, and Renton Specifications shall be used
as they pertain.
13. Metro Transit, design criteria.
14. King County Surface Water Design Manual, Sections 1.2 and 1.3 of Chapter 1, and Chapters 3, 4,
and 5.
15. American Association of State Highway and Transportation Officials, "A Policy on Geometric Design of
Highways and Streets."
III
ITEMS TO BE FURNISHED TO THE CONSULTANT
BY THE CITY
The City will furnish the Consultant copies of documents which are available to the City that will facilitate the
preparation of the plans, studies, specifications, and estimates within the limits of the assigned work.
All other records needed for the study must be obtained by the Consultant. The Consultant will coordinate with other
available sources to obtain data or records available to those agencies. The Consultant shall be responsible for this
and any other data collection to the extent provided for in the Scope of Work. City will provide to Consultant all
data in City's possession relating to Consultants services on the project. Consultant will reasonably rely upon the
accuracy, timeliness, and completeness of the information provided by the City. Should field studies be needed, the
Consultant will perform such work to the extent provided for in the Scope of Work. The City will not be obligated to
perform any such field studies.
IV
OWNERSHIP OF PRODUCTS AND
DOCUMENTS TO BE FURNISHED BY THE CONSULTANT
Documents, exhibits or other presentations for the work covered by this Agreement shall be furnished by the
Consultant to the City upon completion of the various phases of the work. All such material, including working
documents, notes, maps, drawings, photo, photographic negatives, etc. used in the project, shall become and remain
the property of the City and may be used by it without restriction. Any use of such documents by the City not
directly related to the project pursuant to which the documents were prepared by the Consultant shall be without any
liability whatsoever to the Consultant.
All written documents and products shall be printed on recycled paper when practicable. Use of the chasing -arrow
symbol identifying the recycled content of the paper shall be used whenever practicable. All documents will be
printed on both sides of the recycled paper, as feasible.
V
TIME OF BEGINNING AND COMPLETION
The work detailed in the Scope of Work will be performed according to Exhibit B, Time Schedule of Completion,
attached hereto and incorporated herein as though fully set forth. It is agreed that all the Consultant's services are to
be completed and all products shall be delivered by the Consultant unless there are delays due to factors that are
beyond the control of the Consultant. The Consultant shall not begin work under the terms of this Agreement until
authorized in writing by the City. If, after receiving Notice to Proceed, the Consultant is delayed in the performance
of its services by factors that are beyond its control, the Consultant shall notify the City of the delay and shall prepare
a revised estimate of the time and cost needed to complete the Project and submit the revision to the City for its
approval. Time schedules are subject to mutual agreement for any revision unless specifically described as otherwise
herein.
Delays attributable to or caused by one of the parties hereto amounting to 30 days or more affecting the completion
of the work may be considered a cause for renegotiation or termination of this Agreement by the other party.
VI
PAYMENT
The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided
hereinafter as specified in Exhibit C, Cost Estimate. 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.
All billings for compensation for work performed under this Agreement will list actual time (days and/or hours) and
dates during which the work was performed and the compensation shall be figured using the rates in Exhibit C.
Payment for this work shall not exceed $ 46,629.00 without a written amendment to this contract, agreed to and
signed by both parties.
Cost Plus Net Fee
Payment for work accomplished shall be on the basis of the Consultant's actual cost plus a net fee. The actual cost
includes direct salary cost, overhead, and direct non -salary cost.
1. The direct salary cost is the salary expense for professional and technical personnel and principals for the
time they are productively engaged in the work necessary to fulfill the terms of this Agreement. The
direct salary costs are set forth in the attached Exhibit C and by this reference made a part of this
Agreement.
2. The overhead costs as identified on Exhibit C are determined as 186.1 percent of the direct salary cost and
by this reference made a part of this Agreement. The overhead cost rate is an estimate based on currently
available accounting information and shall be used for all progress payments over the period of the
contract.
3. The direct non -salary costs are those costs directly incurred in fulfilling the terms of this Agreement,
including, but not limited to travel, reproduction, telephone, supplies, and fees of outside consultants.
The direct non -salary costs are specified in Exhibit C, Cost Estimate. Billings for any direct non -salary
costs shall be supported by copies of original bills or invoices. Reimbursement for outside consultants
and services shall be on the basis of times the invoiced amount.
4. The net fee, which represents the Consultants profit shall be 15 percent of direct salary plus overhead
costs. This fee is based on the Scope of Work and the estimated labor hours therein. In the event a
supplemental agreement is entered into for additional work by the Consultant, the supplemental
agreement will include provision for the added costs and an appropriate additional fee. The net fee will
be prorated and paid monthly in proportion to the percentage of the project completed as estimated in the
Consultant's monthly progress reports and approved by the City. Any portion of the net fee not
previously paid in the monthly payments shall be included in the final payment, subject to the provisions
of Section XI entitled TERMINATION OF AGREEMENT.
Progress payments may be claimed monthly for direct costs actually incurred to date as supported by
detailed statements, for overhead costs and for a proportionate amount of the net fee payable to the
Consultant based on the estimated percentage of the completion of the services to date. Final payment of
any balance due the Consultant of the gross amount earned will be made promptly upon its verification by
the City after completion and acceptance by the City of the work under this Agreement. Acceptance, by
the Consultant of final payment shall constitute full and final satisfaction of all amounts due or claimed to
be due.
Payment for extra work performed under this Agreement shall be paid as agreed to by the parties hereto in writing at
the time extra work is authorized. (Section VIII "EXTRA WORK").
A short narrative progress report shall accompany each voucher for progress payment. The report shall include
discussion of any problems and potential causes for delay.
To provide a means of verifying the invoiced salary costs for consultant employees, the City may conduct employee
interviews.
Acceptance of such final payment by the Consultant shall constitute a release of all claims of any nature, related to
this Agreement, which the Consultant may have against the City unless such claims are specifically reserved in
writing and transmitted to the City by the Consultant prior to its acceptance. Said final payment shall not, however,
be a bar to any claims that the City may have against the Consultant or to any remedies the City may pursue with
respect to such claims.
The Consultant and its subconsultants shall keep available for inspection, by the City, for a period of three years after
final payment, the cost records and accounts pertaining to this Agreement and all items related to, or bearing upon,
these records. If any litigation, claim or audit is started before the expiration of the three-year retention period, the
records shall be retained until all litigation, claims or audit findings involving the records have been resolved. The
three-year retention period starts when the Consultant receives final payment.
VII
CHANGES IN WORK
The Consultant shall make all such revisions and changes in the completed work of this Agreement as are necessary
to correct errors appearing therein, when required to do so by the City, without additional compensation.
Should the City find it desirable for its own purposes to have previously satisfactorily completed work or parts
thereof revised, the Consultant shall make such revisions, if requested and as directed by the City in writing. This
work shall be considered as Extra Work and will be paid for as provided in Section VIII.
VIII
EXTRA WORK
The City may desire to have the Consultant perform work or render services in connection with the Project in
addition to or other than work provided for by the expressed intent of the Scope of Work. Such work will be
considered as Extra Work and will be specified in a written supplement which will set forth the nature and scope
thereof. Work under a supplement shall not proceed until authorized in writing by the City. Any dispute as to
whether work is Extra Work or work already covered under this Agreement shall be resolved before the work is
undertaken. Performance of the work by the Consultant prior to resolution of any such dispute shall waive any claim
by the Consultant for compensation as Extra Work.
IX
EMPLOYMENT
The Consultant warrants that it has 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 he 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, gifts or any other consideration, contingent upon or resulting from the award or making of
this contract. For breach or violation of this warranty, the City 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, while engaged in the performance of any work or services required by the
Consultant under this Agreement, shall be considered employees of the Consultant only and not of the City and any
and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees, while so
engaged and any and all claims made by a third party as a consequence of any negligent act or omission on the part
of the Consultant's employees, while so engaged on any of the work or services provided to be rendered herein, shall
be the sole obligation and responsibility of the Consultant.
The Consultant shall not engage, on a full or part-time basis, or other basis, during the period of the contract, any
professional or technical personnel who are, or have been at any time during the period of this contract, in the employ
of the City except regularly retired employees, without written consent of the City.
If during the time period of this Agreement, the Consultant finds it necessary to increase its professional, technical, or
clerical staff as a result of this work, the Consultant will actively solicit minorities through their advertisement and
interview process.
X
NONDISCRIMINATION
The Consultant agrees not to discriminate against any client, employee or applicant for employment or for services
because of race, creed, color, national origin, marital status, sexual orientation, sex, age or handicap except for a bona
fide occupational qualification with regard to, but not limited to the following: employment upgrading; demotion or
transfer; recruitment or any recruitment advertising; layoff or termination's; rates of pay or other forms of
compensation; selection for training; rendition of services. The Consultant understands and agrees that if it violates
this Non -Discrimination provision, this Agreement may be terminated by the City and further that the Consultant
shall be barred from performing any services for the City now or in the future, unless a showing is made satisfactory
to the City that discriminatory practices have terminated and that recurrence of such action is unlikely.
XI
TERMINATION OF AGREEMENT
A. The City reserves the right to terminate this Agreement at any time upon not less than ten (10) days
written notice to the Consultant, subject to the City's obligation to pay Consultant in accordance with
subparagraphs C and D below.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory
personnel assigned to the project, 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 City. This section shall not be a bar
to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City
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 City's concurrence, desire to terminate this Agreement, payment
shall be made as set forth in Subsection C of this section.
C. In the event this Agreement is terminated by the City other than for fault on the part of the Consultant, a
final payment shall be made to the Consultant for actual cost for the work complete at the time of
termination of the Agreement, plus the following described portion of the net fee. The portion of the net
fee for which the Consultant shall be paid shall be the same ratio to the total net fee as the work complete
is to the total work required by the Agreement. In addition, the Consultant shall be paid on the same basis
as above for any authorized extra work completed. 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 as set forth herein above, then no final payment shall be due and the Consultant shall immediately
reimburse the City for any excess paid.
D. In the event the services of the Consultant are terminated by the City for fault on the part of the
Consultant, the above stated formula for payment shall not apply. In such an event the amount to be paid
shall be determined by the City 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 of a type which is usable
to the City at the time of termination, the cost to the City 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 City
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 if the formula set forth in subsection C above
had been applied.
E. In the event this Agreement is terminated prior to completion of the work, the original copies of all
Engineering plans, reports and documents prepared by the Consultant prior to termination shall become
the property of the City for its use without restriction. Such unrestricted use not occurring as a part of this
project, shall be without liability or legal exposure to the Consultant.
F. Payment for any part of the work by the City shall not constitute a waiver by the City 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 City. 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.
XII
DISPUTES
Any dispute concerning questions of facts in connection with work not disposed of by agreement between the
Consultant and the City shall be referred for determination to the Director of Planning/ Building/Public Works or
his/her successors and delegees, whose decision in the matter shall be final and conclusive on the parties to this
Agreement.
In the event that either party is required to institute legal action or proceedings to enforce any of its rights in this
Agreement, both parties agree that any such action shall be brought in the Superior Court of the State of Washington,
situated in King County.
XIII
LEGAL RELATIONS
The Consultant shall comply with all Federal Government, 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 Washington.
The Consultant agrees to indemnify, defend and hold the City 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 part from the
Consultant's errors, omissions, or negligent acts under this Agreement provided that nothing herein shall require the
Consultant to indemnify the City against and hold harmless the City from claims, demands or suits based upon the
conduct of the City, its officers or 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 City, its agents, officers and
employees, this provision with respect to claims or suits based upon such concurrent negligence shall be valid and
enforceable only to the extent of the Consultant's negligence or the negligence of the Consultant's agents or
employees except as limited below.
The Consultant shall secure general liability, property damage, auto liability, and professional liability coverage in
the amount of $1.0 million, with a General Aggregate in the amount of $2.0 million, unless waived or reduced by the
City. The Consultant shall submit a completed City of Renton Insurance Information Form, and the Standard Acord
Certification Form prior to the execution of the contract.
The City of Renton will be named as Additional Insured(s) on (CONTRACTOR'S) policy, with that coverage being
primary and non-contributory with any other policy(ies) available to the City. A copy of the endorsement shall be
provided to the City.
The limits of said insurance shall not, however, limit the liability of Consultant hereunder.
All coverages provided by the Consultant shall be in a form, and underwritten by a company acceptable to the City.
The City will normally require carriers to have minimum A.M. Best rating of A XII. The Consultant shall keep all
required coverages in full force and effect during the life of this project, and a minimum of forty five days' written
notice shall be given to the City prior to the cancellation of any policy.
The Consultant shall also submit copies of the declarations pages of relevant insurance policies to the City within 30
days of contract acceptance if requested. The Certification and Declaration page(s) shall be in a form as approved by
the City. If the City's Risk Manager has the Declaration page(s) on file from a previous contract and no changes in
insurance coverage has occurred, only the Certification Form will be required.
The Consultant shall verify, when submitting first payment invoice and annually thereafter, possession of a current
City of Renton business license while conducting work for the City. The Consultant shall require, and provide
verification upon request, that all subconsultants participating in a City project possess a current City of Renton
business license. The Consultant shall provide, and obtain City approval of, a traffic control plan prior to conducting
work in City right-of-way. The Consultant's relation to the City shall be at all times as an independent contractor.
It is further specifically and expressly understood that the indemnification provided herein constitute the Consultant's
waiver of immunity under the Industrial Insurance Act, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall
survive the expiration or termination of this agreement.
XIV
SUBLETTING OR ASSIGNING OF CONTRACTS
The Consultant shall not sublet or assign any of the work covered by this Agreement without the express consent of
the City.
XV
ENDORSEMENT OF PLANS
The Consultant shall place their certification on all plans, specifications, estimates or any other engineering data
furnished by them in accordance with RCW 18.43.070.
XVI
COMPLETE AGREEMENT
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. Any supplements to this Agreement will be in writing and executed and will become part of this Agreement.
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.
The invalidity or unenforceability of any provision in this Agreement shall not affect the other provisions hereof, and
this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted.
XVII
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 Request for Qualifications, and the supporting materials
submitted by the Consultant, and does hereby accept the Agreement and agrees to all of the terms and conditions
thereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above
written.
CONSULTANT
CITY OF RENTON
Signature Date Denis Law, Mayor Date
type or print name
Title
ATTEST:
Bonnie I. Walton, City Clerk
Exhibit A - Scope of Work
City of Renton
Cascade Water Alliance Water Audit and Evaluation of Membership
Task 1 Prepare Cascade Water Audit
Objective: Prepare a Water Audit for the City of Renton (City) as an initial step for the City's discussions
with Cascade Water Alliance (Cascade) as a potential member. Cascade's guidelines and requirements for
development of the Water Audit will be followed.
Work:
• Collect historical water use, water rights, and service connection data from the City.
• Calculate the surplus independent supply capacity of the City and determine the number of Cascade
Equivalent Residential Units (CERUs) that Renton is able to serve with its existing sources of
supply.
• Determine the Regional Capital Facilities Charge (RCFC) credits based on the peak day and peak
season CERU capacity.
• Define the independent supply production the City will provide with Cascade membership.
• Attend 1 meeting with City staff to review the results of the audit.
Deliverable: Summarize the water audit calculations and results in a technical memorandum that can be
submitted to Cascade.
Task 2 Evaluation of Cascade Membership
Objective: Evaluate the benefits and costs to the City of becoming a Cascade member with consideration
of likely contract terms for renewing the City's contract with Seattle Public Utilities (SPU), and that the
supplemental supply would be needed primarily to meet peak demands.
Work:
Prepare a long-term source of supply projection to include annual projections of total demand, peak
season (as defined by SPU contracts) demand, and any additional peak demands as needed to
evaluate the financial impacts of Cascade ownership. The Scenarios will identify the demand that
will be met from the City's existing sources and the amount that would be provided by SPU or
Cascade. The City's existing water demands for a 20-year planning period will be used. (See
optional task 3.)
• The City will provide a unit cost of production for its existing sources and will identify any
potential capital improvements associated with existing sources.
Estimate water supply costs over a 20-year period, with continued wholesale water purchase from
SPU. Consultant will use the existing SPU contract terms to represent future terms and costs,
unless otherwise directed by the City. Identify possible future limitations and/or uncertainties in the
SPU contract terms. The water supply scenario under continued purchase from SPU will identify
the amount produced by the City and the amount purchased from SPU.
10
Estimate water supply costs over a 20-year period, with Cascade membership. The water supply
scenario with Cascade membership will identify the amount produced by Renton as Independent
Supply (as defined in the existing Interlocal Contract dated December 15, 2004) and the amount to
be purchased from Cascade. Consultant will review the terms of Cascade's existing Interlocal
Contract to identify if Cascade membership creates financial incentives to alter the production
characteristics of the City's existing water sources.
• Up to three separate estimates of water supply costs will be completed for both Cascade
membership and continued SPU purchase, to evaluate the sensitivity to parameters that must be
estimated and could change. These parameters could include SPU contract terms, costs of future
Cascade facilities, available future SPU supply, or the rate of water demand growth.
• This task is based on the City's existing water service area and does not include evaluation of
service area changes.
• The Consultant will identify and comment on potential issues associated with the City becoming a
Cascade member. This task will not include detailed evaluation, of these issues as this analysis
probably is not justified until the City decides it wants to pursue Cascade membership. These
issues could potentially include:
o Independent control of water supply;
o Shared conservation approaches;
o Water delivery issues created by different points of connection, and
o Water blending.
• Three meetings with City staff are anticipated. The first is to establish the methodology and
assumptions for this task and to define the water supply projection. The second is to discuss draft
results on a staff level. The third is either a meeting with the City and Cascade to review draft
results, or a meeting with the City utility management.
Deliverable: A technical memorandum comparing costs and benefits of becoming a Cascade member
versus receiving supplemental supply from SPU to meet peak day demand needs.
Task 3 Update City's Water Demand Forecasts (Optional Task)
Objective: Update the City's 20-year water demand forecasts based on the most recent City planning
information, available population growth forecasts, and water use information.
Work:
• Use existing City planning data and population forecasts from Office of Financial Management and
Puget Sound Regional Council to develop the City's projected 20-year population growth within its
water service area. Recent water demand forecasts completed by the Puget Sound Regional Water
Supplier's Forum will be considered as well.
• Develop historical and existing per capita water use factors based on the past five years of customer
billing data.
Develop 20-year water demand forecasts using the population projects and historical water use
factors. Use an assumed factor for conservation that is consistent with regional conservation
planning.
Deliverable: A technical memorandum will be provided to the City with the revised existing and 20-year
population projections and water demand forecasts. These water demand projections will also be used in
evaluating the City's options for supplemental supply from Cascade or SPU.
12
City of Renton
Cascade Water Audit and Membership Evaluation
ID
Task Name
Duration
1
Task 1- Cascade Water Audit
i
22 days
2
Data collection
12 days'
3
Calc. CERUs and develop RCFC
_...;.
5 days :.
4
Define Renton supply
5 days
5
_.
Meeting to review audit
0 days
6
Task 2 - Evaluation of Cascade Membership
34 days
7
Meeting (to define methodology)
0 days
8
Define supply and demand, including additional supply needs
16 days
9
Supplycost alternatives
10 days
10
Qualitative evaluation of Cascade membership
5 days .
Y
11
Meeting with staff to review results
0 days
Y
12
Meeting with City staff and Cascade
0 days I
13
14
Task 3 - Water Demand Task (Optional Task)
24 days
15
Note: this optional task would add 4 weeks during the time of Task 1
0 days
... .
91 4/26;_ 5/3 5/10 5/1,7 5/24 5/31 6/7 6/14 6/21 6/28
4/17
Task Milestone ♦ External Tasks
Project: Wdit Schedule
Date: Fri 3/20109/20/09 Split Summary External Milestone
Progress Project Summary a Deadline
Page 1
Exhibit C-1 - Cost Estimate
City of Renton
Cascade Water Audit and Member Evaluation
Total Labor
Subtotal
Costs With
Labor
Direct
Overhead
Labor With
Profit
Total Labor
Task No.
Task Description
Hours
Labor
(@ 186.10%)
Overhead
(@ 15%)
Expenses
and Expenses
0100
Water Audit
132.0
$5,392
$10,035
$15,427
$17,741
$670
$18,411
0200
Cascade Membership Evaluation
192.0
$8,285
$15,418
$23,703
$27,258
$960
$28,218
Totall
324.0
$13,677
$25,4531
$39,130
$44,999
$1,630
$46,629
Exhibit C-2- Cost Estimate, Labor Detail
City of Renton
Cascade Water Audit and Memebership Evaluation
Direct Labor Hours
Senior
Senior
Financial
Consultant
Project
Fiancial
Total Direct
Staff Classification
PM
Analyst
(QA/QC)
Assistant
Administrator
Labor
Task Rate
$42
$49
$64
$28
$29
0100
96
12
4
16
4
$5,392
0200
100
60
8
20
4
$8 285
Exhibit C-2 - Cost Estimate, Expense Detail
City of Renton
Cascade Water Audit and Memebership Evaluation
Task 1 Task 2 Total
i echnology Fee (Type .1 Computer @ $2.50 per hour)
$80
$210
Technology Fee (Type 2 Computer @ $5 per hour)
$500
$540
Reproduction Fees (B&W @ $0.10 per copy)
$20
$20
Reproduction Fees (Color @ $0.50 per copy)
$10
$10
Transportation, Car Rental for Meetings (4 meetings @ $60 ea)
$60
$180
$670
$960 $1,630
COST PLUS NET FEE DETERMINATION
DIRECT SALARY COST: Hourly Rates of Pay
Personnel
Project Manager
$41.54
Senior Financial Analyst
$49.16
Financial Administrator
$29.03
Project Assistant
$27.64
QA/QC
$64.03
Net Fee 15 % of direct salary cost plus overhead
DIRECT NON -SALARY COST:
Travel and Per Diem
Transportation at $60.00/meeting
Per Diem: N/A
Office and Equipment
Type 1 Computer - $2.50/hour
Type 2 Computer - $5.00/hour
Reproduction Expenses — B & W @ $0.10 per copy
Reproduction Expenses — Color @ $0.50 per copy
16
R W BECK
SUMMARY INDIRECT COST RATE COMPUTATION
Source: Books of Account as of Period Ended December 31, 2007
Employee Labor Charged to Direct Work Orders (2)
Direct Labor Base
Fringe Benefits (Refer to Attachment A)
Overhead Expense (Refer to Attachment B)
Subtotal Indirect Cost Rate
Cost of Facilities Capital (1) (Refer to Attachment A)
Total Indirect Cost Rate
(I) -Cost of Facilities Capital is an element of cost required to be
allowable by all Federal Government Agencies
(2) - Employee Labor Charged to Direct Work Orders
Factor to eliminate Employee variance (4)
$19,939,423 67.80%
$34,653,681 117.84%
185.64%
$136,741 0.46%
186.10%
$29,408,630
$29,408,630
$29,622,235
0.9928
$29,408,630
(4)-Actual Salaries Paid to Employees (i) $53,997,511
Employee Labor Charged to Expense Accounts (ii) $54,389,714
Variance Balance (iii) ($392,203)
Computation of Factor: (i) / (ii) 0.9928
R.W. BECK
ATTACHMENT A
FRINGE BENEFIT ANALYSIS
Source: Books of Account as of Period Ended December 31, 2007
Payroll I axes
Medical Insurance Premiums
Flex Income
Life Insurance
Less Owner Life Insurance
Liability Insurance Premiums
Employee Retirement: Fixed
Employee Bonus
Holiday and Vacation Pay
4,496,047
Factor
0.9928
Total Holiday and Vacation Pay
4,463,626
Vested Vacation Compensation
Unused Vacation Compensation
Sick Leave Pay
915,749
Factor
0.9928
Total Sick Leave Pay
909,145
Unused Sick Leave Compensation
Extended Sick Leave, Other
107,738
Factor
0.9928
Total Extended Sick Leave, Other
106,961
COST OF FACILITIES CAPITAL COMPUTATION
Source: Books of Account as of Period Endied December 31, 2007
Net Book Value of Facilities Capital:
As of December 31, 2006
As of December 31, 2007
Average Facilities Capital for Fiscal Year Ended December 31, 2007
Arithmetic Mean of Interest Rates as
Specified by the Secretary of the
Treasury for the January 1, 2007 -
December 31, 2007 period
Cost of Facilities Capital
Amount
D3,985,654
2,884,976
110,017
361,499
(261,655)
202,900
2,915,760
3,641,510
4,463,626
349,380
235,675
909,145
33,976
106,961
$19,939,423
Computer
Overhead Division
Cost Pool Cost Pool
1,491,990
1,839,183
3,480,415
2,360,657
$2,486,203
$2,099,920
5.50 % 5.50
$136,741 $115,496
Weighted
Period Rate Months Rate Average
Jan -Jun, 2007 5.250 % 6 31.500
Jul -Dec, 2007 5.750% 6 34.500%
12 66.000% 5.50
Page 2 of 3
RW BECK
ATTACHMENTS
OVERHEAD EXPENSE ANALYSIS
Source: Books of Account as of Period Ended December 31, 2007
Analysis of Overhead Costs
Expenses Per
Less:
Allowable
Less:
Overhead
General Ledger
Disallowed
Expenses
Computer Services
Cost Pool
Expenses
Cost Pool
701.01 Owner Labor
5,388,963
(38,860)
5,350,103
0
5,350,103
70 L 11 Employee Labor
12.368,942
(89,192)
12,279,750
1,169,500
11,110,250
701.11 Executive Salary Limit
0
0
0
0
701.20 Employee Labor- Other
1,140,659
(8,225)
1,132,434
1,474
1,130,960
701.20 Employee Labor- Signing Bonus/Housing Allowance
(622,092)
(622,092)
0
(622,092)
710.02 Professional Services
2.791,463
2,791,463
5,801
2,785,662
710.03 Technical and Stenographic Services
213,366
213,366
12,506
200,861
710.04 Supp. Contract Staff
570
570
0
570
711.01 Meals
676,866
(165,384)
511,483
6,255
505,228
711.02 Hotel
875,422
(187,340)
688,082
9,052
679,030
711.03 Surface Travel
511,734
511,734
7,420
504,314
711.04 Air Travel
1,119,699
(4,479)
1,115,220
11,566
1,103,654
711.05 Miscellaneous Travel
19,004
19,004
135
18,869
712.01 Entertainment
187,545
(187,545)
0
0
0
712.02 Business Gifts
130,994
(130,994)
0
0
0
712.03 Advertising
456,528
(202,865)
253,663
0
253,663
712.04 Donations
72,759
(72,759)
0
0
0
713.01 Voice Communications
855,807
855,807
285,214
570,593
713.02 Postage
36,667
36,667
231
36,436
713.03 Delivery and Shipping
303,657
303,657
21,001
282,656
713.04 Supplies
933,294
933,294
109,185
824,110
713.05 Printing and Reproduction
327,220
327,220
3,634
323,586
713.06 Maps
1,525
L525
0
1,525
713.07 Books and Publications
130,727
130,727
1,634
129,092
713.08 Dues, Licenses and Fees
1,380,447
(95,690)
1,284,757
21.688
1,263,069
713.09 Electronic Data
78,765
78,765
76
78,689
714.01 Building Rent
4,857,271
4,857,271
136,065
4,721,206
714.02 Equipment Rent
614,749
614,749
47,938
566,811
714.03 Repair and Maintenance
185,022
185,022
17,138
167,885
714.04 Utilities
61,658
61,658
0
61,658
714.05 Depreciation
927,139
927,139
442,787
484,351
714.06 Software Amortization
446,831
446,831
212,837
233,995
715.01 Business Taxes
365,788
365,788
365,788
715.03 Personal Property Taxes
41,624
41,624
19,059
22,565
715.04 Company Insurance
1,041,348
1,041,348
0
1,041,348
718.01 Programming Support Service
0
0
0
0
719.01 Miscellaneous
II
11
0
11
720.01 Microcomputer -Type 1
638,585
638,585
74,568
564,018
720.02 Microcomputer -Type 2
550,853
550,853
44,355
506,498
720.03 Purchased Software
103,714
103,714
62,589
41,125
720.04 Purchased Computer Equipment
243,234
243,234
97,860
145375
720.05 Computer Services - Service Bureau
0
0
0
0
720.07 Software Rent and Maintenance
629,477
629,477
167,085
462,391
720.08 Program Use Fee
(5,200)
(5,200)
0
(5,200)
720.09 Computer Services - Other
1,420
1,420
0
1,420
750.01 Expense Offset- Printing
(341,077)
(341,077)
0
(341,077)
750.02 Expense Offset- Equipment
(6,081)
(6,081)
(810)
(5,271)
750.04 Expense Offset - Other
(26,187)
(26,187)
0
(26,187)
750.05 Long Distance Telephone Offset
74,727
74,727
0
74,727
750.07 Conference Offset
(53,216)
(53,216)
0
(53.216)
751.06 Expense Offset- PC Type 1
(1,290.706)
(1,290,706)
(1,290.706)
0
751.07 Expense Offset- PC Tvpe 2
(1,776,465)
(1,776,465)
(1,776,465)
0
751.08 Expense Offset- Program Use
(33,659)
(33,659)
(5,959)
(27,700)
75 L09 Expense Offset- Laptop
(11,020)
(1L020)
(11,020)
0
Sub Total
37,242,463 (1,805,424) 35,437.038
(96,310)
35,533,348
Less: Public Relations Costs
(111,003)
0
(111,003)
Less: Branding and Acquistions
(754,903)
0
(754,903)
Less: Legal Collection Costs
(9,953)
0
(9,953)
Less: Overhead Pool Portion of Computer Variance
0
0
0
Less: Gaits/Loss on Disposition of Fixed Asset;
2219
6,028
(3,809)
Total Overhead Expense 37242.463 (1.805.424) 34 563 399 (90 28) 34653 681
Imputed Cost of Facilities Capital 115,496 136,741
EXHIBIT C (cont.)
SUMMARY OF FEE FOR ENGINEERING SERVICES
BREAKDOWN OF OVERHEAD COST
See "RW Beck Summary Indirect Cost Computation"
TOTAL
SUMMARY OF COSTS
186.10 %
Project No. WTR-13-0109
Name of Project: Cascade Water Alliance Water Audit and Evaluation of Membership
DirectSalary Cost......................................................................................................................... $13,677.00
Overhead Cost (including
payroll additives.................................................................................186.10 % $5,453.00
Sub -Total $39,130.00
NetFee.......................................................................................................... 15% $5,869.00
Direct Non -Salary Costs:
a. Travel and per diem ...................................................... $ 240.00
b. Reproduction expenses ................................................... $ 60.00
C. Computer expense....................................................... $1,330.00
d. Outside consultants........................................................... $ 0.00
e. Other (misc postage, delivery, supplies) ........................... $ 0.00
Total $ 1,630.00
Sub Total $ 1,630.00
GRAND TOTAL $ 46,629.00
20
RESOLUTION NO. 3229
CITY OF RENTON
SUMMARY OF FAIR PRACTICES POLICY
ADOPTED BY RESOLUTION NO. 3229
It is the policy of the City of Renton to promote and provide equal treatment and service to all citizens and to
ensure equal employment opportunity to all persons without regard to race, color, national origin, ethnic
background, gender, marital status, religion, age or disability, when the City of Renton can reasonably
accommodate the disability, of employees and applicants for employment and fair, non-discriminatory
treatment to all citizens. All departments of the City of Renton shall adhere to the following guidelines:
(1) EMPLOYMENT PRACTICES - The City of Renton will ensure all employment related
activities included recruitment, selection, promotion, demotion, training, retention and
separation are conducted in a manner which is based on job -related criteria which does not
discriminate against women, minorities and other protected classes. Human resources
decisions will be in accordance with individual performance, staffing requirements, governing
civil service rules, and labor contract agreements.
(2) COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS - The City of Renton will
cooperate fully with all organizations and commissions organized to promote fair practices and
equal opportunity in employment.
(3) AFFIRMATIVE ACTION PLAN - The City of Renton Affirmative Action Plan and Equal
Employment Program will be maintained and administered to facilitate equitable
representation with the City work force and to assure equal employment opportunity to all. It
shall be the responsibility of elected officials, the Mayor, the Affirmative Action Officer,
department administrators, managers, supervisors, Contract Compliance Officers and all
employees to carry out the policies, guidelines and corrective measures set forth in the
Affirmative Action Plan and Equal Employment Program.
(4) CONTRACTORS' OBLIGATIONS - Contractors, sub -contractors, consultants and
suppliers conducting business with the City of Renton shall affirm and subscribe to the Fair
Practices and Non-discrimination policies set forth by the law and in the City's Affirmative
Action Plan and Equal Employment Program.
Copies of this policy shall be distributed to all City employees, shall appear in all operational documentation
of the City, including bid calls, and shall be prominently displayed in appropriate city facilities.
CONCURRED IN by the City Council of the City of RENTON, Washington, this 7thday of October, 1996.
CITY OF RENTON:
Mayor
A}t-test:
CJ' 4
City Cler
RENTON CITY COUNCIL:
Council President
21
Y
1`t O
AFFIDAVIT OF COMPLIANCE
( Name of contractor/subcontractor/consultant/supplier)
I. It is
II.
hereby confirms and declares that
policy to offer equal
( Name of contractor/subcontractor/consultant/supplier)
opportunity to all qualified employees and applicants for employment without regard to
the race, creed, color, sex, national origin, age, disability or veteran status.
complies with all applicable
(Name of contractor/subcontractor/consultant)
federal, state and local laws governing non-discrimination in employment.
IIl. When applicable,
will seek out and
(Name of contractor/subcontractor/consultant)
negotiate with minority and women contractors for the award of subcontracts.
Print Agent/Representative's Name
Print Agent/Representative's Title
Agent/Representative's Signature
Date Signed
Instructions: This document MUST be completed by each contractor, subcontractor, consultant and/or supplier.
Include or attach this document(s) with the contract.
22