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Home My WebLink AboutSWP273531 (10)I PUBLIC WORKS DEPARTMENT D ^C�O� 8 M E M O R A N D U M DATE: December 30, 2009 TO: Peter Hahn, PW Deputy Administrator - Transportation Neil Watts, Development Services Director Suzanne Dale-Estey, Economic Development Director Michael Stenhouse, Maintenance Services Director David Christensen, Wastewater Utility Supervisor Abdoul Gafour, Water Utility Supervisor Jennifer Henning, CED Current Planning Manager FROM: Ron Straka, Surface Water Utility Supervisor (ext. 7248) cytL STAFF CONTACT: Steve Lee, Surface Water Engineer (ext. 7205) `V- SUBJECT: Project Proposal — Lake Washington Boulevard North Storm and Water System Improvement Project, SWP-27-3531 Attached for your review is the Surface Water Utility's project proposal for the Lake Washington Boulevard North Storm and Water Improvement Project near Hawk's Landing. Please complete and return the Management Acceptance page to Steve Lee by January 13, 2010. Thank you for your help. If you have any questions, please contact Steve. Attachment cc: Lys Hornsby, Utility Systems Director h:\file sys\swp - surface water projects\swp-27 - surface water projects (cip)\27-3531 lake washington blvd-hawks landing\1000 corres city\091210 Iwb project memo.doc\STLtp Lake Washington Boulevard North Storm and Water System Improvement Project SWP-27-3531 PROJECT OBJECTIVE The purpose of the project is to install curb/gutter and portions of a sidewalk, a new storm system, and a waterline extension within Lake Washington Boulevard North to meet the infrastructure needs for future development in the vicinity of 1-405 Exit 7 area, including the Hawk's Landing development. These improvements will be constructed in coordination with frontage improvements that will be constructed on the Hawk's Landing Hotel site frontage. PROJECT BACKGROUND The Lake Washington Boulevard at Hawk's Landing Storm and Water System Improvement Project is located west of 1-405 and south of NE 44th Street-Seahawks Way and west of the frontage along the former site of Pan Abode Cedar Homes manufacturing location (see Figure 1). To the northwest is the VMAC, the home of the Seahawk's Headquarters and Training facility, to the west are Barbee Mill and Quendall Terminals. To the south is May Creek. The purpose of the Lake Washington Boulevard Storm and Water System Improvement Project is to install a new storm system, waterline extension, curb, gutter, and approximately 320 feet of sidewalk along Lake Washington Boulevard North to meet the infrastructure needs for future development in the vicinity of the 1-405 Exit 7 area. Installation of this project is intended to spur development activities in this area that has for decades been used as industrial land and warehouse space. Most recently it has been the site of Pan Abode Cedar Homes and is presently vacant with interest by the Alpert International, LLC to convert the 7.8 acre site into a hotel, office and retail shops development. This project is funded from state investments through the Washington State Public Works Board 2009 to 2011 Grant Programs Direct Appropriation Projects. This investment would fund the water and stormwater related infrastructure improvements as well as a regional trail connection that will act as a critical catalyst to make this development more attractive as a major office and mixed use relocation area for the City's northern gateway area. In addition, it is hoped that the Hawk's Landing development will help stimulate the cleanup and redevelopment of the large Quendall Terminals waterfront property by enticing future developers to a more vibrant area. PROJECT DESCRIPTION The proposed curb and gutter improvements will extend on the east side of Lake Washington Boulevard North from 600 feet south of the intersection with Seahawks Way and continue south to the existing May Creek Bridge sidewalk. The Hawk's Landing development will be constructing the curbing and sidewalk north of the southern intersection and the City will be constructing the curbing and sidewalk south of the southern intersection. The two new entrances will be laid with asphalt and no decorative crosswalks. This project does not include Lk WA Blvd Storm and Water System Project Proposal December 30, 2009 Page 2 of 6 any City work for installing landscaping along the entire frontage and will be the developers' responsibility. The stormwater system improvements include collecting Lake Washington Boulevard North roadway and sidewalk runoff and treating the stormwater prior to discharging into a new stormwater trunk pipe that will also convey upstream flows from existing WSDOT areas and the Hawk's Landing development. The stormwater trunk line will connect from the existing WSDOT manhole and extend south to the existing culvert north of the May Creek Bridge. The storm system improvements will include providing water quality treatment for Lake Washington Boulevard North's project area prior to discharging into May Creek. The waterline extension includes the installation of approximately 1400 feet of 12-inch waterline on Lake Washington Boulevard North from North 40th Street to NE 44th Street. A portion of the waterline will be installed inside an existing 18-inch steel casing under May Creek Bridge. The water system improvements will be designed to serve existing and future development in the area and will improve fire flow and water system redundancy. Other dry, franchise utilities present in the area include gas, telephone, power and fiber optic lines that may conflict with the new stormwater, water, curb/gutter and sidewalk improvements. Two high voltage power poles will need to be relocated by PSE as a result of the gutter line relocation. During the design process, the franchise utilities will be potholed and surveyed to identify their location and elevation. The Surface Water Utility, Water Utility and the Engineering Consultant will work with the franchise utility owners to resolve any conflicts. Construction will be partially in the City right-of-way and in easements on private property. After construction is completed, the public and private property will need to be restored. Restoration will include patching the asphalt road, fixing any concrete curb and gutter, and any other items that may be affected by construction. The project will include the following elements: • Easements: New permanent utility easements will be needed for the stormwater trunk - line on the Hawk's Landing property, and temporary construction easements need to be obtained from the private property owners to cover the entire area where the new storm and water quality system will be located and constructed. The property owners expected to be involved are Alpert International, LLP and the Port Quendall Company (or whoever owns the land). Alpert International shall obtain the release of the WSDOT easement for the existing upstream storm pipe that discharges into the Lake Washington Boulevard North drainage system. H:\File Sys\SWP -Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3531 Lake Washington Blvd -Hawks Landing\1000 Corres City\091210 LWB Project Proposal.doc\STLtp Lk WA Blvd Storm and Water System Project Proposal December 30, 2009 Page 3 of 6 • Surveying: The contract with the Engineering Consultant will include surveying for a base map survey of the existing drainage system, the existing water main, various dry utilities, topography, and other miscellaneous structures. • Design: The Surface Water Utility (SWU) and Water Utility (WU) will have an Engineering Consultant design the new stormwater system and water main extension. The work will include surveying, geo-technical investigation (boring and soil samples), hydraulic analysis, private utility investigation, final plans, construction plans and specifications, and construction assistance and observation. • Environmental Review and Permits: The SWU, with assistance from the consultant, will prepare the SEPA checklist for the project and submit it to Development Services for review. A Hydraulic Permit (HPA) from the State may be required since the project connects to an open ditch/channel/culvert with potential wetlands in the channel. Work to remove wetlands, depending on the size of the wetland, may trigger the need for an HPA. The consultant shall determine if a HPA is required. A Shoreline Permit shall be needed. • Construction: The City will advertise the project for bids. The bid will be awarded by the City Council to the lowest responsible bidder. Construction inspection will be by City inspectors with specialty inspection assistance provided by the consultant. CONSTRUCTION DATES: Construction is planned to occur between early June 2010 to October 2010, provided that all easements, franchise utilities relocations, and permits can be obtained in time to allow construction during this time period. TRANSPORTATION ROUTES/HAULING: The contractor will probably negotiate and establish an equipment staging and material storage area in the Hawk's Landing parcel. Construction hauling will probably use either Lake Washington Boulevard North from the south or from the north via Exit 7 — from 1-405. The contractor will need to post construction signs and may need flaggers to direct traffic around the construction area. It is anticipated that Lake Washington Boulevard North will need to remain open at all times during construction. Typical construction hours are expected to be 7:00 a.m. to 5:00 p.m., Monday through Friday. Lake Washington Boulevard North is a collector arterial. Truck traffic will be limited from the south during the early morning hours or during weekends. Work on weekends will only occur with approval from the City. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3531 Lake Washington Blvd -Hawks Landing\1000 Corres City\091210 LWB Project Proposal.doc\STLtp A Lk WA Blvd Storm and Water System Project Proposal December 30, 2009 Page 4 of 6 The contractor will be required to file a Traffic Control Plan with the City to identify hauling routes and traffic control measures for the construction area. Erosion control measures such as storm drain inlet protection, ditch rock berms, and filter fabric fences, per the King County Surface Water Manual will be used. Any soil stockpiles not in use will be covered with plastic sheets during rainy periods. Dust control will also be required of the contractor. All construction equipment will be required to have muffler and exhaust systems in good working order. PRELIMINARY COST ESTIMATE Construction Cost: $1,000,000 - $1,200,000 FUNDING SOURCE The project will be funded through the Surface Water Utility Capital Improvement Program (427) Budget with $100,000 and with $1,200,000 from the State of Washington Public Works Board 2009-2011 Grant Programs Direct Appropriations Projects budget. PROJECT SCHEDULE Consultant Contract Executed in December 2009 Surveying Base Survey in late December 2009 to early January 2010 Easements Complete by April 2010 Environmental Review Submit by early February 2010 (if final Hawk's Landing site plan is provided to City Project Manager by January 5, 2010) Final Design Bid Project Begin Construction End Construction March —April 2010 May -June 2010 July 2010 October 2006 INVOLVEMENT AND PARTICIPATION Community and WSDOT: The affected property owners will be contacted to obtain temporary and permanent easements for the project. The Surface Water Utility and Water Utility have already met with the property owners to discuss the project and their need to grant easements for the project. The property owners in the project vicinity will be notified during the H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3531 Lake Washington Blvd -Hawks Landing\1000 Corres City\091210 LWB Project Proposal.doc\STLtp 1 Lk WA Blvd Storm and Water System Project Proposal December 30, 2009 Page 5 of 6 Environmental Review phase about the design and construction schedule. Property owners will also be notified of upcoming construction after the bid is awarded. The Hawk's Landing developer has already been notified to obtain the release of WSDOT easement from their property. Other Agencies: Other agencies will be notified about the project during the design and prior to the start of construction. Franchise Utilities: Franchise utilities will be notified prior to the design phase. The consultant will coordinate with City staff and the Franchise Utilities to ensure their utilities are relocated and coordinated with our construction. The contractor will be responsible to contact One -Call Locates prior to beginning construction. STAFFING Project Management: The Project Manager is Steve Lee, Surface Water Utility. Mapping: Surveying for base map and existing utilities will be performed by the Engineering Consultant. Geotechnical Investigations and Habitat/Wetland Investigations: Will be included as part of the Engineering Consultant contract. Design: The hydraulic analysis, design of the new storm system, design of the new water system and construction plans and specifications will be part of the Engineering Consultant contract. In -House Reviews: Coordination with other City departments will be done during the design phase of the project. There will be at least one meeting to review the proposed design with other City departments. A design team will be formed if a sufficient number of other City departments indicate the need for one. Please complete the attached response form and return it to Steve Lee by January 13, 2010. If you have any projects that may affect this proposal, please provide a scope of work, location figure, and description of how they may be related. If you have any questions, please contact Steve Lee at ext. 7205. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3S31 Lake Washington Blvd -Hawks Landing\1000 Corres City\091210 LWB Project Proposal.doc\STLtp 1 Lk WA Blvd Storm and Water System Project Proposal December 30, 2009 Page 6 of 6 Management Acceptance and Commitment For The LAKE WASHINGTON BOULEVARD NORTH STORM & WATER SYSTEM IMPROVEMENT PROJECT at HAWK'S LANDING ❑ We concur with the project scope and schedule as outlined in this project proposal. We are assigning (Ext. ) as our representative on the design team. We concur with the project scope and schedule as outlined in this project proposal. We are not assigning a representative to participate on the design team, but reserve our right to participate in the standard review processes. ❑ We feel that the following item(s) are of concern or interest in relationship to this project and would like to bring them to you attention: (Date) (Name, Section or Division) H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3531 Lake Washington Blvd -Hawks Landing\1000 Corres City\091210 LWB Project Proposal.doc\STLtp 47 N 38TH S, SOT:, 0 500 ----i Feet CITY OF RENTON LAKE WASHINGTON BOULEVARD STORM & WATER IMPROVEMENTS .dr---- WaG" 4c3rrvk.-y 8z Osborne, Ir-.v- CONSULTING ENGINEERS I PUBLIC WORKS DEPARTMENT p City of M E M O R A N D U M DATE: December 30, 2009 TO: Peter Hahn, PW Deputy Administrator - Transportation Neil Watts, Development Services Director Suzanne Dale-Estey, Economic Development Director Michael Stenhouse, Maintenance Services Director David Christensen, Wastewater Utility Supervisor Abdoul Gafour, Water Utility Supervisor Jennifer Henning, CED Current Planning Manager FROM: Ron Straka, Surface Water Utility Supervisor (ext. 7248) a� STAFF CONTACT: Steve Lee, Surface Water Engineer (ext. 7205) `I-L- SUBJECT: Project Proposal — Lake Washington Boulevard North Storm and Water System Improvement Project, SWP-27-3531 Attached for your review is the Surface Water Utility's project proposal for the Lake Washington Boulevard North Storm and Water Improvement Project near Hawk's Landing. Please complete and return the Management Acceptance page to Steve Lee by January 13, 2010. Thank you for your help. If you have any questions, please contact Steve. Attachment cc: Lys Hornsby, Utility Systems Director h:\file sys\swp - surface water projects\swp-27 - surface water projects (cip)\27-3531 lake washington blvd-hawks landing\1000 corres city\091210 Iwb project memo.doc\STLtp Lake Washington Boulevard North Storm and Water System Improvement Project SWP-27-3531 PROJECT OBJECTIVE The purpose of the project is to install curb/gutter and portions of a sidewalk, a new storm system, and a waterline extension within Lake Washington Boulevard North to meet the infrastructure needs for future development in the vicinity of 1-405 Exit 7 area, including the Hawk's Landing development. These improvements will be constructed in coordination with frontage improvements that will be constructed on the Hawk's Landing Hotel site frontage. PROJECT BACKGROUND The Lake Washington Boulevard at Hawk's Landing Storm and Water System Improvement Project is located west of 1-405 and south of NE 441h Street-Seahawks Way and west of the frontage along the former site of Pan Abode Cedar Homes manufacturing location (see Figure 1). To the northwest is the VMAC, the home of the Seahawk's Headquarters and Training facility, to the west are Barbee Mill and Quendall Terminals. To the south is May Creek. The purpose of the Lake Washington Boulevard Storm and Water System Improvement Project is to install a new storm system, waterline extension, curb, gutter, and approximately 320 feet of sidewalk along Lake Washington Boulevard North to meet the infrastructure needs for future development in the vicinity of the 1-405 Exit 7 area. Installation of this project is intended to spur development activities in this area that has for decades been used as industrial land and warehouse space. Most recently it has been the site of Pan Abode Cedar Homes and is presently vacant with interest by the Alpert International, LLC to convert the 7.8 acre site into a hotel, office and retail shops development. This project is funded from state investments through the Washington State Public Works Board 2009 to 2011 Grant Programs Direct Appropriation Projects. This investment would fund the water and stormwater related infrastructure improvements as well as a regional trail connection that will act as a critical catalyst to make this development more attractive as a major office and mixed use relocation area for the City's northern gateway area. In addition, it is hoped that the Hawk's Landing development will help stimulate the cleanup and redevelopment of the large Quendall Terminals waterfront property by enticing future developers to a more vibrant area. PROJECT DESCRIPTION The proposed curb and gutter improvements will extend on the east side of Lake Washington Boulevard North from 600 feet south of the intersection with Seahawks Way and continue south to the existing May Creek Bridge sidewalk. The Hawk's Landing development will be constructing the curbing and sidewalk north of the southern intersection and the City will be constructing the curbing and sidewalk south of the southern intersection. The two new entrances will be laid with asphalt and no decorative crosswalks. This project does not include 1 Lk WA Blvd Storm and Water System Project Proposal December 30, 2009 Page 2 of 6 any City work for installing landscaping along the entire frontage and will be the developers' responsibility. The stormwater system improvements include collecting Lake Washington Boulevard North roadway and sidewalk runoff and treating the stormwater prior to discharging into a new stormwater trunk pipe that will also convey upstream flows from existing WSDOT areas and the Hawk's Landing development. The stormwater trunk line will connect from the existing WSDOT manhole and extend south to the existing culvert north of the May Creek Bridge. The storm system improvements will include providing water quality treatment for Lake Washington Boulevard North's project area prior to discharging into May Creek. The waterline extension includes the installation of approximately 1400 feet of 12-inch waterline on Lake Washington Boulevard North from North 401h Street to NE 441h Street. A portion of the waterline will be installed inside an existing 18-inch steel casing under May Creek Bridge. The water system improvements will be designed to serve existing and future development in the area and will improve fire flow and water system redundancy. Other dry, franchise utilities present in the area include gas, telephone, power and fiber optic lines that may conflict with the new stormwater, water, curb/gutter and sidewalk improvements. Two high voltage power poles will need to be relocated by PSE as a result of the gutter line relocation. During the design process, the franchise utilities will be potholed and surveyed to identify their location and elevation. The Surface Water Utility, Water Utility and the Engineering Consultant will work with the franchise utility owners to resolve any conflicts. Construction will be partially in the City right-of-way and in easements on private property. After construction is completed, the public and private property will need to be restored. Restoration will include patching the asphalt road, fixing any concrete curb and gutter, and any other items that may be affected by construction. The project will include the following elements: • Easements: New permanent utility easements will be needed for the stormwater trunk - line on the Hawk's Landing property, and temporary construction easements need to be obtained from the private property owners to cover the entire area where the new storm and water quality system will be located and constructed. The property owners expected to be involved are Alpert International, LLP and the Port Quendall Company (or whoever owns the land). Alpert International shall obtain the release of the WSDOT easement for the existing upstream storm pipe that discharges into the Lake Washington Boulevard North drainage system. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3531 Lake Washington Blvd -Hawks landing\1000 Corres City\091210 LW B Project Proposal.doc\STLtp Lk WA Blvd Storm and Water System Project Proposal December 30, 2009 Page 3 of 6 • Surveying: The contract with the Engineering Consultant will include surveying for a base map survey of the existing drainage system, the existing water main, various dry utilities, topography, and other miscellaneous structures. Design: The Surface Water Utility (SWU) and Water Utility (WU) will have an Engineering Consultant design the new stormwater system and water main extension. The work will include surveying, geo-technical investigation (boring and soil samples), hydraulic analysis, private utility investigation, final plans, construction plans and specifications, and construction assistance and observation. • Environmental Review and Permits: The SWU, with assistance from the consultant, will prepare the SEPA checklist for the project and submit it to Development Services for review. A Hydraulic Permit (HPA) from the State may be required since the project connects to an open ditch/channel/culvert with potential wetlands in the channel. Work to remove wetlands, depending on the size of the wetland, may trigger the need for an HPA. The consultant shall determine if a HPA is required. A Shoreline Permit shall be needed. • Construction: The City will advertise the project for bids. The bid will be awarded by the City Council to the lowest responsible bidder. Construction inspection will be by City inspectors with specialty inspection assistance provided by the consultant. CONSTRUCTION DATES: Construction is planned to occur between early June 2010 to October 2010, provided that all easements, franchise utilities relocations, and permits can be obtained in time to allow construction during this time period. TRANSPORTATION ROUTES/HAULING: The contractor will probably negotiate and establish an equipment staging and material storage area in the Hawk's Landing parcel. Construction hauling will probably use either Lake Washington Boulevard North from the south or from the north via Exit 7 — from 1-405. The contractor will need to post construction signs and may need flaggers to direct traffic around the construction area. It is anticipated that Lake Washington Boulevard North will need to remain open at all times during construction. Typical construction hours are expected to be 7:00 a.m. to 5:00 p.m., Monday through Friday. Lake Washington Boulevard North is a collector arterial. Truck traffic will be limited from the south during the early morning hours or during weekends. Work on weekends will only occur with approval from the City. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3531 Lake Washington Blvd -Hawks Landing\1000 Corres City\091210 LW B Project Proposal.doc\STLtp Lk WA Blvd Storm and Water System Project Proposal December 30, 2009 Page 4 of 6 The contractor will be required to file a Traffic Control Plan with the City to identify hauling routes and traffic control measures for the construction area. Erosion control measures such as storm drain inlet protection, ditch rock berms, and filter fabric fences, per the King County Surface Water Manual will be used. Any soil stockpiles not in use will be covered with plastic sheets during rainy periods. Dust control will also be required of the contractor. All construction equipment will be required to have muffler and exhaust systems in good working order. PRELIMINARY COST ESTIMATE Construction Cost: $1,000,000 - $1,200,000 01011]I►LC111141611 a a The project will be funded through the Surface Water Utility Capital Improvement Program (427) Budget with $100,000 and with $1,200,000 from the State of Washington Public Works Board 2009-2011 Grant Programs Direct Appropriations Projects budget. PROJECT SCHEDULE Consultant Contract Executed in December 2009 Surveying Base Survey in late December 2009 to early January 2010 Easements Complete by April 2010 Environmental Review Submit by early February 2010 (if final Hawk's Landing site plan is provided to City Project Manager by January 5, 2010) Final Design Bid Project Begin Construction End Construction March — April 2010 May -June 2010 July 2010 October 2006 INVOLVEMENT AND PARTICIPATION Community and WSDOT: The affected property owners will be contacted to obtain temporary and permanent easements for the project. The Surface Water Utility and Water Utility have already met with the property owners to discuss the project and their need to grant easements for the project. The property owners in the project vicinity will be notified during the H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3S31 Lake Washington Blvd -Hawks Landing\1000 Corres City\091210 LWB Project Proposal.doc\STLtp Lk WA Blvd Storm and Water System Project Proposal December 30, 2009 Page 5 of 6 Environmental Review phase about the design and construction schedule. Property owners will also be notified of upcoming construction after the bid is awarded. The Hawk's Landing developer has already been notified to obtain the release of WSDOT easement from their property. Other Agencies: Other agencies will be notified about the project during the design and prior to the start of construction. Franchise Utilities: Franchise utilities will be notified prior to the design phase. The consultant will coordinate with City staff and the Franchise Utilities to ensure their utilities are relocated and coordinated with our construction. The contractor will be responsible to contact One -Call Locates prior to beginning construction. STAFFING Project Management: The Project Manager is Steve Lee, Surface Water Utility. Mapping: Surveying for base map and existing utilities will be performed by the Engineering Consultant. Geotechnical Investigations and Habitat/Wetland Investigations: Will be included as part of the Engineering Consultant contract. Design: The hydraulic analysis, design of the new storm system, design of the new water system and construction plans and specifications will be part of the Engineering Consultant contract. In -House Reviews: Coordination with other City departments will be done during the design phase of the project. There will be at least one meeting to review the proposed design with other City departments. A design team will be formed if a sufficient number of other City departments indicate the need for one. Please complete the attached response form and return it to Steve Lee by January 13, 2010. If you have any projects that may affect this proposal, please provide a scope of work, location figure, and description of how they may be related. If you have any questions, please contact Steve Lee at ext. 7205. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3531 Lake Washington Blvd -Hawks Landing\1000 Corres City\091210 LWB Project Proposal.doc\STLtp r Lk WA Blvd Storm and Water System Project Proposal December 30, 2009 Page 6 of 6 Management Acceptance and Commitment For The LAKE WASHINGTON BOULEVARD NORTH STORM & WATER SYSTEM IMPROVEMENT PROJECT at HAWK'S LANDING ❑ We concur with the project scope and schedule as outlined in this project proposal. We are assigning �:r�.S �ltul (Ext.-1 `tUd ) as our representative on the design team. ❑ We concur with the project scope and schedule as outlined in this project proposal. We are not assigning a representative to participate on the design team, but reserve our right to participate in the standard review processes. ❑ We feel that the following item(s) are of concern or interest in relationship to this project and would like to bring them to you attention: (Signed) (Date) (Name, Section or Division) H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3531 Lake Washington Blvd -Hawks Landing\1000 Corres City\091210 LW B Project Proposal.doc\STLtp � � •!'^ L �A��1 •` it �: `i. � �'�wr �'~'f'� w. r N 38TI 40111 LP N i 0 500 Feet Lf", �0: CITY OF RENTON LAKE WASHINGTON BOULEVARD STORM & WATER IMPROVEMENTS ! <` 1 r.my 8c ON�01 nCs Ii YLC. CONSULTING ENGINEERS 94 PUBLIC WORKS DEPARTMENT 01 M E M O R A N D U M p"C/1-% r� DATE: December 30, 2009 yste TO: Peter Hahn, PW Deputy Administrator - Transportation °jS041 Neil Watts, Development Services Director Suzanne Dale-Estey, Economic Development Director Michael Stenhouse, Maintenance Services Director David Christensen, Wastewater Utility Supervisor Abdoul Gafour, Water Utility Supervisor Jennifer Henning, CED Current Planning Manager FROM: Ron Straka, Surface Water Utility Supervisor (ext. 7248) a STAFF CONTACT: Steve Lee, Surface Water Engineer (ext. 7205) —?-Ls SUBJECT: Project Proposal — Lake Washington Boulevard North Storm and Water System Improvement Project, SWP-27-3531 Attached for your review is the Surface Water Utility's project proposal for the Lake Washington Boulevard North Storm and Water Improvement Project near Hawk's Landing. Please complete and return the Management Acceptance page to Steve Lee by January 13, 2010. Thank you for your help. If you have any questions, please contact Steve. Attachment cc: Lys Hornsby, Utility Systems Director h:\file sys\swp - surface water projects\swp-27 - surface water projects (cip)\27-3531 lake washington blvd-hawks landing\1000 corres city\091210 Iwb project memo.doc\STLtp Lake Washington Boulevard North Storm and Water System Improvement Project SWP-27-3531 PROJECT OBJECTIVE The purpose of the project is to install curb/gutter and portions of a sidewalk, a new storm system, and a waterline extension within Lake Washington Boulevard North to meet the infrastructure needs for future development in the vicinity of 1-405 Exit 7 area, including the Hawk's Landing development. These improvements will be constructed in coordination with frontage improvements that will be constructed on the Hawk's Landing Hotel site frontage. PROJECT BACKGROUND The Lake Washington Boulevard at Hawk's Landing Storm and Water System Improvement Project is located west of 1-405 and south of NE 44th Street-Seahawks Way and west of the frontage along the former site of Pan Abode Cedar Homes manufacturing location (see Figure 1). To the northwest is the VMAC, the home of the Seahawk's Headquarters and Training facility, to the west are Barbee Mill and Quendall Terminals. To the south is May Creek. The purpose of the Lake Washington Boulevard Storm and Water System Improvement Project is to install a new storm system, waterline extension, curb, gutter, and approximately 320 feet of sidewalk along Lake Washington Boulevard North to meet the infrastructure needs for future development in the vicinity of the 1-405 Exit 7 area. Installation of this project is intended to spur development activities in this area that has for decades been used as industrial land and warehouse space. Most recently it has been the site of Pan Abode Cedar Homes and is presently vacant with interest by the Alpert International, LLC to convert the 7.8 acre site into a hotel, office and retail shops development. This project is funded from state investments through the Washington State Public Works Board 2009 to 2011 Grant Programs Direct Appropriation Projects. This investment would fund the water and stormwater related infrastructure improvements as well as a regional trail connection that will act as a critical catalyst to make this development more attractive as a major office and mixed use relocation area for the City's northern gateway area. In addition, it is hoped that the Hawk's Landing development will help stimulate the cleanup and redevelopment of the large Quendall Terminals waterfront property by enticing future developers to a more vibrant area. PROJECT DESCRIPTION The proposed curb and gutter improvements will extend on the east side of Lake Washington Boulevard North from 600 feet south of the intersection with Seahawks Way and continue south to the existing May Creek Bridge sidewalk. The Hawk's Landing development will be constructing the curbing and sidewalk north of the southern intersection and the City will be constructing the curbing and sidewalk south of the southern intersection. The two new entrances will be laid with asphalt and no decorative crosswalks. This project does not include Lk WA Blvd Storm and Water System Project Proposal December 30, 2009 Page 2 of 6 any City work for installing landscaping along the entire frontage and will be the developers' responsibility. The stormwater system improvements include collecting Lake Washington Boulevard North roadway and sidewalk runoff and treating the stormwater prior to discharging into a new stormwater trunk pipe that will also convey upstream flows from existing WSDOT areas and the Hawk's Landing development. The stormwater trunk line will connect from the existing WSDOT manhole and extend south to the existing culvert north of the May Creek Bridge. The storm system improvements will include providing water quality treatment for Lake Washington Boulevard North's project area prior to discharging into May Creek. The waterline extension includes the installation of approximately 1400 feet of 12-inch waterline on Lake Washington Boulevard North from North 40th Street to NE 44th Street. A portion of the waterline will be installed inside an existing 18-inch steel casing under May Creek Bridge. The water system improvements will be designed to serve existing and future development in the area and will improve fire flow and water system redundancy. Other dry, franchise utilities present in the area include gas, telephone, power and fiber optic lines that may conflict with the new stormwater, water, curb/gutter and sidewalk improvements. Two high voltage power poles will need to be relocated by PSE as a result of the gutter line relocation. During the design process, the franchise utilities will be potholed and surveyed to identify their location and elevation. The Surface Water Utility, Water Utility and the Engineering Consultant will work with the franchise utility owners to resolve any conflicts. Construction will be partially in the City right-of-way and in easements on private property. After construction is completed, the public and private property will need to be restored. Restoration will include patching the asphalt road, fixing any concrete curb and gutter, and any other items that may be affected by construction. The project will include the following elements: • Easements: New permanent utility easements will be needed for the stormwater trunk - line on the Hawk's Landing property, and temporary construction easements need to be obtained from the private property owners to cover the entire area where the new storm and water quality system will be located and constructed. The property owners expected to be involved are Alpert International, LLP and the Port Quendall Company (or whoever owns the land). Alpert International shall obtain the release of the WSDOT easement for the existing upstream storm pipe that discharges into the Lake Washington Boulevard North drainage system. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3531 Lake Washington Blvd -Hawks Landing\1000 Corres City\091210 LWB Project Proposal.doc\STLtp Lk WA Blvd Storm and Water System Project Proposal December 30, 2009 Page 3 of 6 • Surveying: The contract with the Engineering Consultant will include surveying for a base map survey of the existing drainage system, the existing water main, various dry utilities, topography, and other miscellaneous structures. Design: The Surface Water Utility (SWU) and Water Utility (WU) will have an Engineering Consultant design the new stormwater system and water main extension. The work will include surveying, geo-technical investigation (boring and soil samples), hydraulic analysis, private utility investigation, final plans, construction plans and specifications, and construction assistance and observation. • Environmental Review and Permits: The SWU, with assistance from the consultant, will prepare the SEPA checklist for the project and submit it to Development Services for review. A Hydraulic Permit (HPA) from the State may be required since the project connects to an open ditch/channel/culvert with potential wetlands in the channel. Work to remove wetlands, depending on the size of the wetland, may trigger the need for an HPA. The consultant shall determine if a HPA is required. A Shoreline Permit shall be needed. • Construction: The City will advertise the project for bids. The bid will be awarded by the City Council to the lowest responsible bidder. Construction inspection will be by City inspectors with specialty inspection assistance provided by the consultant. CONSTRUCTION DATES: Construction is planned to occur between early June 2010 to October 2010, provided that all easements, franchise utilities relocations, and permits can be obtained in time to allow construction during this time period. TRANSPORTATION ROUTES/HAULING: The contractor will probably negotiate and establish an equipment staging and material storage area in the Hawk's Landing parcel. Construction hauling will probably use either Lake Washington Boulevard North from the south or from the north via Exit 7 — from 1-405. The contractor will need to post construction signs and may need flaggers to direct traffic around the construction area. It is anticipated that Lake Washington Boulevard North will need to remain open at all times during construction. Typical construction hours are expected to be 7:00 a.m. to 5:00 p.m., Monday through Friday. Lake Washington Boulevard North is a collector arterial. Truck traffic will be limited from the south during the early morning hours or during weekends. Work on weekends will only occur with approval from the City. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3531 Lake Washington Blvd -Hawks Landing\1000 Corres City\091210 LWB Project Proposal.doc\STLtp Lk WA Blvd Storm and Water System Project Proposal December 30, 2009 Page 4 of 6 The contractor will be required to file a Traffic Control Plan with the City to identify hauling routes and traffic control measures for the construction area. Erosion control measures such as storm drain inlet protection, ditch rock berms, and filter fabric fences, per the King County Surface Water Manual will be used. Any soil stockpiles not in use will be covered with plastic sheets during rainy periods. Dust control will also be required of the contractor. All construction equipment will be required to have muffler and exhaust systems in good working order. PRELIMINARY COST ESTIMATE Construction Cost: $1,000,000 - $1,200,000 FUNDING SOURCE The project will be funded through the Surface Water Utility Capital Improvement Program (427) Budget with $100,000 and with $1,200,000 from the State of Washington Public Works Board 2009-2011 Grant Programs Direct Appropriations Projects budget. PROJECT SCHEDULE Consultant Contract Executed in December 2009 Surveying Base Survey in late December 2009 to early January 2010 Easements Complete by April 2010 Environmental Review Submit by early February 2010 (if final Hawk's Landing site plan is provided to City Project Manager by January 5, 2010) Final Design Bid Project Begin Construction End Construction March —April 2010 May -June 2010 July 2010 October(;)2©tD INVOLVEMENT AND PARTICIPATION Community and WSDOT: The affected property owners will be contacted to obtain temporary and permanent easements for the project. The Surface Water Utility and Water Utility have already met with the property owners to discuss the project and their need to grant easements for the project. The property owners in the project vicinity will be notified during the H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3531 Lake Washington Blvd -Hawks Landing\1000 Corres City\091210 LWB Project Proposal.doc\STLtp Lk WA Blvd Storm and Water System Project Proposal December 30, 2009 Page 5 of 6 Environmental Review phase about the design and construction schedule. Property owners will also be notified of upcoming construction after the bid is awarded. The Hawk's Landing developer has already been notified to obtain the release of WSDOT easement from their property. Other Agencies: Other agencies will be notified about the project during the design and prior to the start of construction. Franchise Utilities: Franchise utilities will be notified prior to the design phase. The consultant will coordinate with City staff and the Franchise Utilities to ensure their utilities are relocated and coordinated with our construction. The contractor will be responsible to contact One -Call Locates prior to beginning construction. STAFFING Project Management: The Project Manager is Steve Lee, Surface Water Utility. Mapping: Surveying for base map and existing utilities will be performed by the Engineering Consultant. Geotechnical Investigations and Habitat/Wetland Investigations: Will be included as part of the Engineering Consultant contract. Design: The hydraulic analysis, design of the new storm system, design of the new water system and construction plans and specifications will be part of the Engineering Consultant contract. In -House Reviews: Coordination with other City departments will be done during the design phase of the project. There will be at least one meeting to review the proposed design with other City departments. A design team will be formed if a sufficient number of other City departments indicate the need for one. Please complete the attached response form and return it to Steve Lee by January 13, 2010. If you have any projects that may affect this proposal, please provide a scope of work, location figure, and description of how they may be related. If you have any questions, please contact Steve Lee at ext. 7205. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3531 Lake Washington Blvd -Hawks Landing\1000 Corres City\091210 LWB Project Proposal.doc\STLtp Lk WA Blvd Storm and Water System Project Proposal December 30, 2009 Page 6 of 6 Management Acceptance and Commitment For The LAKE WASHINGTON BOULEVARD NORTH STORM & WATER SYSTEM IMPROVEMENT PROJECT 1, ( at H 'S LANDING ID/ We concur with the project scope and schedule as outlined in this project proposal. We are assigning 31,,,. S-eit2 (Ext.7Z4� ) as our representative on the design team. ❑ We concur with the project scope and schedule as outlined in this project proposal. We are not assigning a representative to participate on the design team, but reserve our right to participate in the standard review processes. We feel that the following item(s) are of concern or interest in relationship to this project and would like to bring them to you attention: 2/?//o (Date) (Name, Section or Division) H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3531 Lake Washington Blvd -Hawks Landing\1000 Corres City\091210 LWB Project Proposal.doc\STLtp •----, MALL. ho N�vaerp2.� Y �•., .. t'. tiO .. ,... t . «. oil fn - W�Al 1 A( w 00, PAW_ r ea i :-•' s +. '2 .�`!? , �� ..d .1' t'•r ' I E 4 o TH ST �Oal�9%�' Tm � r,r �,'� �r '�� Y's� Y .r,`.x " • �� T�f+y't' •�,.•t 71 A `a__ +-r--_ ''b• i....� _a..�-"r rs`gkr�;'*, ,�• ,� j�,i w�,.�p�►. i5+ �- v iAll q I 9^.... S. + . _ - �'s�� y`A7C • �fK� �.�y� ^ / ,',- V 1 f' ^ s *' .. TH F_I GvaE A 0 500 --� Feet CITY OF RENTON LAKE WASHINGTON BOULEVARD STORM & WATER IMPROVEMENTS 4560 C 4sr 11x-_ CONSULTING ENGINEERS Washington State Public Works Board 906 Columbia Street SW Post Office Box 48319 Olympia, Washington 98504-8319 December 21, 2009 Suzanne Dale Estey City of Renton 1055 S Grady Way, 6th Floor Renton, WA 98056 RE: 2009-2011 Capital Budget Direct Appropriation Projects Contract Number LG09-951-121 Renton Hawk's Landing Project Dear Ms. Dale Estey: Enclosed are two (2) originals of the 2009-2011 Capital Budget Direct -Appropriation Project Contract LG09-951-121 between City of Renton and the Public Works Board. Please review the terms and conditions of the contract carefully, as well as all the attachments, and have the person who is authorized to sign contracts for your organization sign both original documents. Please do not use a signature stamp. Stamped signatures will be accepted only if there is a reason that original signatures cannot be provided, with documentation to that effect. Please return both original contracts and all the attachments to the Public Works Board office within thirty (30) calendar days of the date of this letter. Failure to return the contracts within this timeline may result in your contract offer being withdrawn. Once the contracts are executed by the Board's Executive Director, your project file will be transferred to our Contracts Administration Unit (CAU), where you will be assigned a project manager to assist you with your project and grant administration. The CAU project manager will contact you shortly thereafter and send you one of the executed contracts for your records. We are looking forward to working with you over the course of this project. If you have any questions about this contract, please call me at (360) 725-3160 or email me at Corina.Grigoras@commerce.wa.gov. Sincerely, Corina Grigoras Special Programs Manager, Direct -Appropriation Projects Enclosures Administrative services provided by the Washington State Department of Commerce (360) 725-3150 Fax (360) 664-3029 www.pwbwa.gov Washington State Public Works Board 906 Columbia Street SW Post Office Box 48319 Olympia, Washington 98504-8319 (360) 725-3150 www.pwb.wa.gov Capital Agreement between: For: City of Renton Public Works Board Project Name: Renton Hawk's Landing Contract Number: LG09-951-121 Project Type: 2009-2011 Washington State Capital Budget Direct -Appropriation Execution/Start Date: Date of Contract Execution Department of Commerce Innovation is in our nature. TABLE OF CONTENTS CONTRACT FACE SHEET....................................................................................................... 1 CONTRACT TERMS AND CONDITIONS................................................................................. 2 Part 1. SPECIAL TERMS AND CONDITIONS..........................................................................2 1.1. DEFINITIONS............................................................................................................2 1.2. AUTHORITY..............................................................................................................2 1.3. PURPOSE.................................................................................................................2 1.4. ORDER OF PRECEDENCE......................................................................................2 1.5. GRANT AMOUNT......................................................................................................2 1.6. CERTIFICATION OF FUNDS....................................................................................3 1.7. MODIFICATION TO THE PROJECT COSTS...........................................................3 1.8. PROJECT EXPENDITURES ELIGIBLE FOR REIMBURSEMENT ..........................3 1.9. BILLING PROCEDURES AND PAYMENT ...................................... ...................... 4 1.10. CERTIFIED PROJECT COMPLETION REPORT AND FINAL PAYMENT ..............5 1.11. REPORTS..................................................................................................................5 1.12. EVALUATION AND MONITORING...........................................................................5 1.13. OWNERSHIP OF PROJECT/CAPITAL FACILITIES................................................6 1.14. CHANGE OF OWNERSHIP OR USE FOR CONTRACTOR -OWNED PROPERTY 1.15. CHANGE OF USE FOR LEASED PROPERTY........................................................6 1.16. HISTORICAL AND CULTURAL ARTIFACTS...........................................................6 1.17. SIGNAGE, MARKERS, AND PUBLICATIONS.........................................................6 1.18. PREVAILING WAGE LAW........................................................................................7 1.19. INSURANCE..............................................................................................................7 120. RECAPTURE PROVISION........................................................................................9 121. REDUCTION IN FUNDS...........................................................................................9 122. REAPPROPRIATION................................................................................................9 Part 2. GENERAL TERMS AND CONDITIONS......................................................................10 2.1. DEFINITIONS..........................................................................................................10 2.2. ........................................................... ALLOWABLE COSTS .................. .................10 2.3. ALL WRITINGS CONTAINED HEREIN..................................................................10 2.4. AMENDMENTS.......................................................................................................10 2.5. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO REFERRED TO AS THE 'ADA" 28 CFR PART 35......................................10 2.6. APPROVAL..............................................................................................................10 2.7. ASSIGNMENT.........................................................................................................10 2.8. ATTORNEYS' FEES................................................................................................11 2.9 AUDIT......................................................................................................................11 2.10. CODE REQUIREMENTS........................................................................................12 2.11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION ............... ................12 2.12. CONFORMANCE..._ . .....................................................................__ ...............13 2.13. COPYRIGHT PROVISIONS..................................................................................13 2.14. DISALLOWED COSTS............................................................................................13 2.15. DISPUTES. ............................................................................................ ...............13 2.16. DUPLICATE PAYMENT.........................................................................................14 2.17. ETHICS/CONFLICTS OF INTEREST.....................................................................14 City of Renton Page i Table of Contents LG09-951-121 12/21,12009 2009-2011 Direct Aporopriation Contract 2.18. GOVERNING LAW AND VENUE...........................................................................14 2.19. INDEMNIFICATION...............................................................................................14 2.20. INDEPENDENT CAPACITY OF THE CONTRACTOR...........................................14 2.21. INDUSTRIAL INSURANCE COVERAGE...............................................................15 2.22. LAWS............................................................................................................ ........15 2.23. LICENSING, ACCREDITATION AND REGISTRATION .............................. .......15 2.24. LIMITATION OF AUTHORITY................................................................................15 2.25. LOCAL PUBLIC TRANSPORTATION COORDINATION.......................................15 2.26. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS...................................16 2.27. POLITICAL ACTIVITIES................................................................. ......................16 2.28. PREVAILING WAGE LAW.....................................................................................16 2.29. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION...................16 2.30. PUBLICITY..............................................................................................................16 2.31. RECAPTURE...........................................................................................................16 2.32. RECORDS MAINTENANCE......................................................................... ........16 2.33. REGISTRATION WITH DEPARTMENT OF REVENUE.........................................17 2.34. RIGHT OF INSPECTION.........................................................................................17 2.35. SAVINGS.................................................................................................................17 2.36. SEVERABILITY.......................................................................................................17 2.37. SUBCONTRACTING...............................................................................................17 2.38. SURVIVAL...............................................................................................................18 2.39. TAXES.....................................................................................................................18 2.40. TERMINATION FOR CAUSE / SUSPENSION.......................................................18 2.41. TERMINATION FOR CONVENIENCE...................................................................18 2.42. TERMINATION PROCEDURES..............................................................................18 2.43. WAIVER...................................................................................................................19 ATTACHMENT I: PROJECT SCOPE OF WORK.................................................................. 20 ATTACHMENT II: CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THEPROJECT....................................................................................................................... 22 ATTACHMENT III: ESTIMATED PROJECT COSTS............................................................. 24 ATTACHMENT IV: CERTIFICATION OF THE PAYMENT AND REPORTING OF PREVAILING WAGES............................................................................................................ 25 ATTACHMENT V: CERTIFICATION OF THE INTENT TO ENTER THE LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEED) CERTIFICATION PROCESS ............. 26 City of Renton Page ii Table of Contents LG09-951-121 12/21/2009 2009-2011 Direct -Appropriation Contract CONTRACT FACE SHEET Contract Number: LG09-951-121 Washington State Department of Commerce PUBLIC WORKS BOARD 2009-2011 GRANT PROGRAMS —DIRECT -APPROPRIATION PROJECTS 1. Contractor 2. Contractor Doing Business As (optional) City of Renton N/A 1055 S Grady Way, 6th Floor, Renton, WA 98056 3. Contractor Representative 4. Public Works Board Representative Suzanne Dale Estey Corina Grigoras, Special Programs Manager, Public Works Board 1055 S Grady Way, 6th Floor PO Box 48319, Olympia, WA 98504-8319 Renton, WA 98056 Clare Billings, Managing Director, Contracts Administration Unit PO Box 42525, Olympia, WA 98504-2525 5. Contract Amount _ 6. Funding Source 7. Contract 8. Contract End Date Start Date 24 months from contract $1,700,000.00 Federal ❑State: O✓ Other: ❑ N/A: ❑ Contract execution (provided that funds Execution Date are re -appropriated into the 2011-2013 biennium_ _ 9. Federal Funds (as applicable) Federal Agency CFDA Number N/A N/A N/A 10. Tax ID # 11. SWV # 12. UBI # NS # 916001271 :[!:D::U 14. Contract Purpose The Board and the Contractor have entered into this Contract to undertake a legislatively -approved project that furthers the goals and objectives of Washington State, as indicated in the Engrossed Substitute House Bill 1216, Section 1050 (4), enacted on May 15, 2009. The Board, defined as the Washington State Public Works Board, and Contractor acknowledge and accept the terms of this Contract and attachments and have executed this Contract on the date below to start as of the date and year last written below. The rights and obligations of both parties to this Contract are governed by this Contract and the following other documents incorporated by reference: Contractor Terms and Conditions including ATTACHMENT I: PROJECT SCOPE OF WORK; ATTACHMENT II: CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT; ATTACHMENT III: ESTIMATED PROJECT COSTS, ATTACHMENT IV: CERTIFICATION OF THE PAYMENT AND REPORTING OF PREVAILING WAGES; and ATTACHMENT V: CERTIFICATION OF INTENT TO ENTER THE LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN LEED CERTIFICATION PROCESS FOR THE CONTRACTOR FOR THE PUBLIC WORKS BOARD Signature John LaRocque, Executive Director Print Name Date APPROVED AS TO FORM ONLY Title This 71-hDay of December, 2009 Rob McKenna Attorney General Date Signature on File Kathryn Wyatt Assistant Attorney General City of Renton Page 1 Contract Face Sheet LG09-951-121 12/21/2009 2009-2011 Direct -Appropriation Contract CONTRACT TERMS AND CONDITIONS PUBLIC WORKS BOARD 2009-2011 GRANT PROGRAMS -DIRECT -APPROPRIATION PROJECTS Part 1. SPECIAL TERMS AND CONDITIONS 1.1. DEFINITIONS As used throughout this 2009-2011 Washington State Capital Budget Direct -Appropriation Contract the following terms shall have the meaning set forth below: A. "Contract" shall mean this 2009-2011 Washington State Capital Budget Direct -Appropriation Contract. B. "Contractor" shall mean the entity identified on the Contract Face Sheet performing service(s) under this Contract and who is a party to the Contract, and shall include all employees and agents of the Contractor. C. "The Board" shall mean the Washington State Public Works Board created in Revised Code of Washington (RCW) 43.155.030, and who is a Party to the Contract. 1.2. AUTHORITY Acting under the authority of Chapter 43.155 RCW, the Board has awarded the Contractor a 2009- 2011 Washington State Capital Budget Direct -Appropriation grant for a legislatively -approved project. The Engrossed Substitute House Bill 1216, Section 1050 (4), enacted on May 15, 2009, made an appropriation to support the Temporary Public Works Board Grant Program and directed the Board to administer those funds. 1.3. PURPOSE The Board and the Contractor have entered into this Contract to undertake a legislatively -approved project that furthers the goals and objectives of Washington State. The project will be undertaken by the Contractor and will include the activities identified in ATTACHMENT I: PROJECT SCOPE OF WORK. The project must be undertaken in accordance with the Contract terms and conditions, and all applicable state and local laws and ordinances, which by this reference are incorporated into this Contract as though set forth fully herein. 1.4. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order. A. Applicable federal and State of Washington statutes and regulations. B. Special Terms and Conditions including all the attachments. C. General Terms and Conditions. 1.5. GRANT AMOUNT The Board shall pay an amount not to exceed the awarded grant amount of $1,700,000.00 for the eligible costs necessary for or incidental to the performance of work as set forth in ATTACHMENT I: PROJECT SCOPE OF WORK. City of Renton Page 2 Contract Terms and Conditions LG09-951-121 12/21/2009 2009-2011 Direct -Appropriation Contract 1.6. CERTIFICATION OF FUNDS A The release of state funds under this Contract is contingent upon the Contractor certifying that it has expended or has access to funds from other sources as set forth in ATTACHMENT II: CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT to complete all the project activities identified in ATTACHMENT I: PROJECT SCOPE OF WORK. Such sources may consist of a combination of any of the following: i. Loans or grants. ii. Eligible project expenditures prior to the execution of this contract. iii. Cash dedicated to the project. iv. Funds available through a letter of credit or other binding loan commitment(s). v. Pledges from foundations or corporations. vi. Pledges from individual donors. vii. The value of real property when acquired solely for the purposes of this project, as established and evidenced by a current market value appraisal performed by a licensed, professional real estate appraiser, or a current property tax statement. The Board will not consider appraisals for prospective values of such property for the purposes of calculating the amount of matching fund credit. viii. In -kind contributions, subject to the Board's approval. B. The Contractor shall maintain records sufficient to evidence that it has access to or has expended funds from such sources, and shall make such records available for the Board's review upon reasonable request. 1.7. MODIFICATION TO THE PROJECT COSTS Notwithstanding any other provision of this Contract, the Contractor may, at its discretion, make modifications not to exceed fifteen percent (15%) of each cost category item in the ATTACHMENT III: ESTIMATED PROJECT COSTS. The Contractor shall notify the Board in writing when making any budget modifications that would exceed fifteen percent (15%) of any cost category line item as identified in ATTACHMENT III: ESTIMATED PROJECT COSTS. Nothing in this section shall be construed to permit an increase in the amount of grant as set forth Section 1.5 of this Contract. 1.8. PROJECT EXPENDITURES ELIGIBLE FOR REIMBURSEMENT Payments to the Contractor shall be made on a reimbursement basis only. For the purposes of this Contract, eligible costs shall be construed to mean costs incurred and paid, or costs incurred and payable within thirty (30) days. Only costs that have been incurred on or after May 15, 2009, are eligible for reimbursement under this Contract. The Contractor may be reimbursed for eligible costs related to the activities identified in ATTACHMENT I: PROJECT SCOPE OF WORK, in the following cost categories: A. Real property and costs directly associated with such purchase, when purchased or acquired solely for the purposes of the project, B- Design, engineering, architectural, and planning; C. Archaeological/historical review; D. Construction management and construction observation (from external sources only): E. Construction costs including, but not limited to, the following: City of Renton Page 3 Contract Terms and Conditions LG09-951-121 12/21/2009 2009-2011 Direct -Appropriation Contract i. Site preparation and improvements; ii. Permits and fees, iii. Labor and materials; iv. Taxes on project goods and services; v. Capitalized equipment; vi. Information technology infrastructure; and vii. Landscaping. F. Insurance premiums as required in Section 1.19; G. Other costs authorized through the legislation. 1.9. BILLING PROCEDURES AND PAYMENT The Board shall reimburse the Contractor for eligible project expenditures up to the maximum payable under this Contract. When requesting reimbursement for costs incurred or expenditures made, the Contractor shall submit a signed and completed Invoice Voucher (Form A-19), referencing the ATTACHMENT I: PROJECT SCOPE OF WORK project activity performed, and any appropriate documentation. The Invoice Voucher must be certified by an official of the Contractor with authority to bind the Contractor. Each Invoice Voucher must be accompanied by a Project Status Report, which describes, in narrative form, the progress made on the project since the last invoice was submitted, as well as a report of project status to date. The Board will not release payment for any reimbursement request received unless and until the Project Status Report is received. After approving the Invoice Voucher and Project Status Report, the Board shall promptly remit a warrant to the Contractor. The final Invoice Voucher payment shall not occur prior to the completion of all project activities as identified in ATTACHMENT I: PROJECT SCOPE OF WORK. A sum not to exceed ten percent (10%) of the grant amount will be retained until all project activities are complete and a Certified Project Completion Report is completed and submitted by the Contractor, per Section 1.10. The Contractor shall submit all Invoice Vouchers and any required documentation to: Contracts Administration Unit Department of Commerce PO Box 42525 Olympia, WA 98504-2525 The Board will pay the Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Board not more often than monthly. Payment shall be considered timely if made by the Board within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. The Board may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract. No payments in advance or in anticipation of services or supplies to be provided under this Contract shall be made by the Board. City of Renton Page 4 Contract Terms and Conditions LG09-951.121 12/21/2009 2009-2011 Direct -Appropriation Contract Duplication of Billed Costs. The Contractor shall not bill the Board for services performed under this Contract, and the Board shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs. The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. 1.10. CERTIFIED PROJECT COMPLETION REPORT AND FINAL PAYMENT The Contractor shall complete a Certified Project Completion Report when activities identified in ATTACHMENT I: PROJECT SCOPE OF WORK are complete. The Board will supply the Contractor with the Certified Project Completion Report forms upon request. The Contractor shall provide the following information to the Board: A. A certified statement of the actual dollar amounts spent, from all funding sources, in completing the project as described in ATTACHMENT I: PROJECT SCOPE OF WORK. B. A certified statement that the project, as described in ATTACHMENT I: PROJECT SCOPE OF WORK, is complete and, if applicable, meets required standards. C. Certification that all costs associated with the project have been incurred and accounted for. Costs are incurred when goods and services are received and/or contract work is performed. The Contractor will submit the Certified Project Completion Report together with the last Invoice Voucher for a sum not to exceed the balance of the grant amount including the ten percent (10%) retainage, as described in Section 1.9. The final Invoice Voucher payment shall not occur prior to the completion of all project activities identified in ATTACHMENT I: PROJECT SCOPE OF WORK and the Board's receipt of the Certified Project Completion Report. 1.11. REPORTS The Contractor shall furnish the Board with Project Status Reports when submitting Invoice Vouchers (as described in Section 1.9), Quarterly Project Reports at the end of each quarter, a Certified Project Completion Report at project completion (as described in Section 1.10), and other reports as the Board may require. Failure to file reports as requested may result in termination of this Contract. 1.12. EVALUATION AND MONITORING The Contractor shall cooperate with and freely participate in any monitoring or evaluation activities conducted by the Board, including site inspections, if necessary. The Contractor may be asked by the Board to provide photographs, either hard copy or electronically, which visually depict the progress made on the project. The Board or the State Auditor and any of their representatives shall have full access to and the right to examine all of the Contractor's records with respect to all matters covered in this Contract. Such representatives shall be permitted to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices. materials, payrolls, and records of matters covered by this Contract. Such rights last for six (6) years from the date final payment is made hereunder. City of Renton Page 5 Contract Terms and Conditions LG09-951-121 12/2112009 2009-2011 Direct -Appropriation Contract 1.13. OWNERSHIP OF PROJECT/CAPITAL FACILITIES The Board makes no claim to any real property improved or constructed with funds awarded under this Contract and does not assert and will not acquire any ownership interest in or title to the capital facilities and/or equipment constructed or purchased with state funds under this Contract. This provision does not extend to claims that the Board may bring against the Contractor in recapturing funds expended in violation of this Contract. 1.14. CHANGE OF OWNERSHIP OR USE FOR CONTRACTOR -OWNED PROPERTY The Contractor understands and agrees that any or all assets acquired, constructed, or otherwise improved by the Contractor using the funds under this Contract shall be held and used by the Contractor for the purposes stated in ATTACHMENT I: PROJECT SCOPE OF WORK for a period of at least ten (10) years from the date the final payment is made. For a period of at least ten (10) years from the date the final payment is made, in the event that the Contractor decides to change or transfer ownership of any or all assets acquired, constructed, or otherwise improved by the Contractor using the funds under this Contract, the Contractor agrees that any such decision or action must be submitted in writing and approved by the Board in writing at least thirty (30) days prior to the execution of such decision or action. In the event the Contractor is found to be out of compliance with this section, the Contractor shall repay the principal amount of the grant as stated in Section 1.5, plus interest calculated at the rate of interest on State of Washington general obligation bonds issued most closely to the effective date of the legislation in which the subject asset was authorized. Repayment shall be made pursuant to Section 1.20. Recapture Provision. 1.15. CHANGE OF USE FOR LEASED PROPERTY The Contractor understands and agrees that any facility leased by the Contractor that is constructed, renovated, or otherwise improved using state funds under this Contract shall be used by the Contractor for the purposes stated in ATTACHMENT I: PROJECT SCOPE OF WORK for a period of at least ten (10) years from the date the final payment is made. In the event the Contractor is found to be out of compliance with this section, the Contractor shall repay the principal amount of the grant as stated in Section 1.5, plus interest calculated at the rate of interest on State of Washington general obligation bonds issued most closely to the effective date of the legislation in which the subject facility was authorized. Repayment shall be made pursuant to Section 1.20. Recapture Provision. 1.16. HISTORICAL AND CULTURAL ARTIFACTS In the event that historical or cultural artifacts are discovered at the project site during construction, the Contractor shall immediately stop construction and notify the state historical preservation officer at the Washington State Department of Archaeology and Historic Preservation. In the event that the Contractor finds it necessary to amend ATTACHMENT I: PROJECT SCOPE OF WORK, the Contractor may be required to re -comply with Executive Order 05-05. 1.17. SIGNAGE, MARKERS, AND PUBLICATIONS If, during the period covered by this Contract, the Contractor displays or circulates any communication, publication, or donor recognition identifying the financial participants in the project, any such communication or publication must identify "The Taxpayers of Washington State" as a participant. City of Renton Page 6 Contract Terms and Conditions LG09-951-121 12/21/2009 2009-2011 Direct -Appropriation Contract 1.18. PREVAILING WAGE LAW The project funded under this Contract is subject to state prevailing wage law (Chapter 39.12 RCW). The Contractor is advised to consult the Industrial Statistician at the Washington Department of Labor and Industries to determine the prevailing wages that must be paid. The Board is not responsible for determining the prevailing wages applying to this project or for any prevailing wage payments that may be required by law. 1.19. INSURANCE A. Private Organizations The Contractor shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect the State of Washington should there be any claims, suits, actions, costs, damages, or expenses arising from any loss, or negligent or intentional act or omission of the Contractor or its subcontractors, or agents of either, while performing under the terms of this Contract. The insurance required shall be issued by an insurance company authorized to do business within the State of Washington. Except for Professional Liability or Errors and Omissions Insurance, the insurance shall name the State of Washington, its agents, officers, and employees as additional insureds under the insurance policy. All policies shall be primary to any other valid and collectable insurance. The Contractor shall instruct the insurers to give the Board thirty (30) calendar days advance notice of any insurance cancellation or modification. The Contractor shall submit to the Board within fifteen (15) calendar days of the Contract start date, a certificate of insurance, which outlines the coverage and limits required under this insurance section. During the term of the Contract, the Contractor shall submit renewal certificates not less than thirty (30) calendar days prior to expiration of each policy required under this section. The Contractor shall provide insurance coverage that shall be maintained in full force and effect during the term of this Contract, as follows: Commercial General Liability Insurance Polic. Provide a Commercial General Liability Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of Contract activity but no less than $1,000,000 per occurrence. Additionally, the Contractor is responsible for ensuring that any subcontractors provide adequate insurance coverage for the activities arising out of subcontracts. Automobile Liability. In the event that performance pursuant to this Contract involves the use of vehicles, owned or operated by the Contractor or its subcontractors, automobile liability insurance shall be required. The minimum limit for automobile liability is $1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage. Professional Liability. Errors. and Omissions Insurance. The Contractor shall maintain Professional Liability or Errors and Omissions Insurance. The Contractor shall maintain minimum limits of no less than $1,000,000 per occurrence to cover all activities by the Contractor and licensed staff employed or under Contract to the Contractor. The State of Washington, its agents, officers, and employees need not be named as additional insureds under this policy. Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf of the Contractor for the purpose of receiving or depositing funds into program accounts City of Renton Page 7 Contract Terms and Conditions LG09-951-121 12121/2009 2009-2011 Direct -Appropriation Contract or issuing financial documents, checks, or other instruments of payment for program costs shall be insured to provide protection against loss: The amount of fidelity coverage secured pursuant to this Contract shall be $100,000 or the highest of planned reimbursement for the Contract period, whichever is lowest. Fidelity insurance secured pursuant to this paragraph shall name the Contractor as beneficiary. Subcontractors that receive $10,000 or more per year in funding through this Contract shall secure fidelity insurance as noted above. Fidelity insurance secured by subcontractors pursuant to this paragraph shall name the Contractor as beneficiary. The Contractor shall provide, at the Board's request, copies of insurance instruments or certifications from the insurance issuing agency. The copies or certifications shall show the insurance coverage, the designated beneficiary, who is covered, the amounts, the period of coverage, and that the Board will be provided thirty (30) days advance written notice of cancellation. B. Self -Insured Contractors With prior approval from the Board, the Contractor may provide insurance coverage under a self-insured/liability pool or self -insured risk management program. In order to obtain permission from the Board, the Contractor shall provide: a description of its self-insurance program, and a certificate and/or letter of coverage that outlines coverage, limits, and deductibles. All self -insured risk management programs or self-insured/liability pool financial reports must comply with Generally Accepted Accounting Principles (GAAP) and adhere to accounting standards promulgated by: Governmental Accounting Standards Board (GASB), Financial Accounting Standards Board (FASB), and iii. The Washington State Auditor's annual instructions for financial reporting. Contractors participating in joint risk pools shall maintain sufficient documentation to support the aggregate claim liability information reported on the balance sheet. The State of Washington, its agents, and employees need not be named as additional insured under a self - insured property/liability pool, if the pool is prohibited from naming third parties as additional insured. Contractor shall provide annually to the Board a summary of coverages and a letter of self- insurance, evidencing continued coverage under Contractor's self-insured/liability pool or self - insured risk management program. Such annual summary of coverage and letter of self- insurance will be provided on the anniversary of the start date of this Contract. Employers Liability ("Stop Gap") Insurance. In addition, the Contractor shall buy employers liability insurance and, if necessary, commercial umbrella liability insurance with limits not less than $1,000,000 each accident for bodily injury by accident of $1,000,000 each employee for bodily injury or disease. City of Renton Page 8 Contract Tenns and Conditions LG09-951-121 12/21/2009 2009-2011 Direct -Appropriation Contract Excess Coverage. By requiring insurance herein, the Board does not represent that coverage and limits will be adequate to protect Contractor and such coverage and limits shall not limit Contractor's liability under the indemnities and reimbursements granted to the Board in this Contract. Unemployment and Industrial Insurance. The Contractor shall be in full compliance with all state unemployment and industrial insurance laws while performing work under this contract. The Board will not be responsible for payment of industrial insurance premiums or for any other claim or benefit for the Contractor, or any subcontractor or employee of the Contractor, which might arise under the industrial insurance laws during performance of this contract. Protection of Project Property, Contractor's Assumption of Risk. The Contractor shall continuously maintain adequate protection of all the project work from damage and shall protect the property from injury or loss arising in connection with this Contract. The entire work of the Contractor shall be at the sole risk of the Contractor. The Contractor may elect to secure fire, extended coverage, and vandalism insurance or all-risk insurance to cover the project work during the course of construction. The Contractor shall take all necessary precautions for the safety of employees working on the project, and shall comply with all applicable provisions of federal, state, and local safety laws and building codes to prevent accidents or injuries to persons, on, about, or adjacent to the premises where the work is being performed. 1.20. RECAPTURE PROVISION In the event that the Contractor fails to expend state funds in accordance with state law and/or the provisions of this Contract, the Board reserves the right to recapture state funds in an amount equivalent to the extent of noncompliance. Repayment by the Contractor of state funds under this recapture provision shall occur within thirty (30) days of demand. In the event that the Board is required to institute proceedings to enforce this recapture provision, the Board shall be entitled to its cost thereof, including reasonable attorney's fees. 1.21. REDUCTION IN FUNDS In the event state funds appropriated for the work contemplated under this Contract are withdrawn, reduced, or limited in any way by the Washington State Governor or Legislature during the Contract period, the parties hereto shall be bound by any such revised funding limitations as implemented at the discretion of the Board, and shall meet and renegotiate the Contract accordingly. 1.22. REAPPROPRIATION The parties hereto understand and agree that any state funds not expended by June 30, 2011, including the ten percent (10%) retainage as described in Section 1.8, will lapse on that date unless specifically reappropriated by the Washington State Legislature or Governor. The Board will make all necessary efforts to seek reappropriation of funds into the 2011-2013 biennium. If funds are so reappropriated, the Board's obligation under the terms of this Contract shall be contingent upon the terms of such reappropriation. City of Renton Page 9 Contract Terms and Conditions LG09-951-121 12/21/2009 2009-2011 Direct -Appropriation Contract Part 2. GENERAL TERMS AND CONDITIONS 2.1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Public Works Board Chair and/or the designee authorized in writing to act on the Chair's behalf. B. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. C. "The Board" shall mean the Washington State Public Works Board created in Revised Code of Washington (RCW) 43.155.030, and who is a Party to the Contract. D. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. E. "State" shall mean the state of Washington. F. "Subcontractor' shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. 2.2. ALLOWABLE COSTS Costs allowable under this Contract are actual expenditures according to an approved budget up to the maximum amount stated on the Contract Award or Amendment Face Sheet. 2.3. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 2.4. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 2.5. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO REFERRED TO AS THE "ADA" 28 CFR PART 35 The Contractor 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 telecommunications. 2.6. APPROVAL This contract shall be subject to the written approval of the Board's Authorized Representative and shall not be binding until so approved. The contract may be altered, amended, or waived only by a written amendment executed by both parties. 2.7. ASSIGNMENT Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of the Board. City of Renton Page 10 Contract Terms and Conditions LG09-951-121 12/21/2009 2009-2011 Direct -Appropriation Contract 2.8. ATTORNEYS' FEES Unless expressly permitted under another provision of the Contract, in the event of litigation or other action brought to enforce Contract terms, each party agrees to bear its own attorneys fees and costs. 2.9. AUDIT A. General Requirements Contractors are to procure audit services based on the following guidelines. The Contractor shall maintain its records and accounts so as to facilitate the audit requirement and shall ensure that Subcontractors also maintain auditable records. The Contractor is responsible for any audit exceptions incurred by its own organization or that of its Subcontractors. The Board reserves the right to recover from the Contractor all disallowed costs resulting from the audit. As applicable, Contractors required to have an audit must ensure the audits are performed in accordance with Generally Accepted Auditing Standards (GAAS); Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Contractor must respond to the Board requests for information or corrective action concerning audit issues within thirty (30) days of the date of request. B. State Funds Requirements Contractors expending $100,000 or more in total state funds in a fiscal year must have a financial audit as defined by Government Auditing Standards (The Revised Yellow Book) and according to Generally Accepted Auditing Standards (GAAS). The Schedule of State Financial Assistance must be included. The schedule includes: Contractor agency name State program name BARS account number Contractor Agency contract number Contract award amount including amendments (total grant award) Beginning balance Current year revenues Current year expenditures Ending balance Program total If the Contractor is a state or local government entity, the Office of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be conducted by a certified public accountant selected by the Contractor. The Contractor shall include the above audit requirements in any subcontracts. In any case, the Contractor's financial records must be available for review by the Board. City of Renton Page 11 Contract Terms and Conditions LG09-951-121 12/21/2009 2009-2011 Direct -Appropriation Contract C. Documentation Requirements The Contractor must send a copy of any required audit Reporting Package as described in OMB Circular A-133, Part C, Section 320(c) no later than nine (9) months after the end of the Contractor's fiscal year(s) to: Department of Commerce ATTN: Audit Review and Resolution Office 906 Columbia Street SW, Fifth Floor PO Box 48300 Olympia WA 98504-8300 In addition to sending a copy of the audit, when applicable, the Contractor must include: • Corrective action plan for audit findings within three (3) months of the audit being received by the Board. • Copy of the Management Letter. 2.10. CODE REQUIREMENTS All construction and rehabilitation projects must satisfy the requirements of applicable local, state, and federal building, mechanical, plumbing, fire, energy and barrier -free codes. Compliance with the Americans with Disabilities Act of 1990 28 C.F.R. Part 35 will be required, as specified by the local building Department. 2.11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: a. All material provided to the Contractor by the Board that is designated as "confidential" by the Board, b. All material produced by the Contractor that is designated as "confidential" by the Board; and All personal information in the possession of the Contractor that may not be disclosed under state or federal law. "Personal information" includes but is not limited to information related to a person's name, health, finances, education, business, use of government services, addresses, telephone numbers, social security number, driver's license number and other identifying numbers, and "Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of the Board or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide the Board with its policies and procedures on confidentiality. The Board may require changes to such policies and procedures as they apply to this Contract whenever the Board reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by the Board. Upon request, the Contractor shall immediately return to the Board any Confidential Information that the Board reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify the Board within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. City of Renton Page 12 Contract Terms and Conditions LG09-951-121 12/2112009 2009-2011 Direct -Appropriation Contract 2.12. CONFORMANCE If any provision of this Contract violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 2.13. COPYRIGHT PROVISIONS Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by the Board. The Board shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to the Board effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to the Board a nonexclusive, royalty - free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to the Board. The Contractor shall exert all reasonable effort to advise the Board, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide the Board with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. The Board shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 2.14. DISALLOWED COSTS The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors. 2.15. DISPUTES Except as otherwise provided in this Contract, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Chair of the Board, who may designate a neutral person to decide the dispute. The request for a dispute hearing must: • be in writing; • state the disputed issues; • state the relative positions of the parties; • state the Contractor's name, address, and Contract number; and • be mailed to the Chair and the other party's (respondent's) Representative within three (3) working days after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor's statement to both the Chair or the Chair's designee and the requestor within five (5) working days. City of Renton Page 13 Contract Terms and Conditions LG09-951-121 12/21/2009 2009-2011 Direct -Appropriation Contract The Chair or designee shall review the written statements and reply in writing to both parties within ten (10) working days. The Chair or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this Contract shall be construed to limit the parties' choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. 2.16. DUPLICATE PAYMENT The Contractor certifies that work to be performed under this contract does not duplicate any work to be charged against any other contract, subcontract, or other source. 2.17. ETHICS/CONFLICTS OF INTEREST In performing under this Contract, the Contractor shall assure compliance with the Ethics in Public Service Act (Chapter 42.52 RCW) and any other applicable state or federal law related to ethics or conflicts of interest. 2.18. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 2.19. INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the state of Washington, the Board, all other agencies of the state and all officers, agents and employees of the state, from and against all claims or damages for injuries to persons or property or death arising out of or incident to the Contractor's performance or failure to perform the Contract. The Contractor's obligation to indemnify, defend, and hold harmless includes any claim by the Contractor's agents, employees, representatives, or any Subcontractor or its agents, employees, or representatives. The Contractor's obligation to indemnify, defend, and hold harmless shall not be eliminated by any actual or alleged concurrent negligence of the state or its agents, agencies, employees and officers. Subcontracts shall include a comprehensive indemnification clause holding harmless the Contractor, the Board, the state of Washington, its officers, employees and authorized agents. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees. 2.20. INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and its employees or agents performing under this Contract are not employees or agents of the state of Washington or the Board. The Contractor will not hold itself out as or claim to be an officer or employee of the Board or of the state of Washington by reason hereof, nor will the Contractor make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Contractor. City of Renton Page 14 Contract Terms and Conditions LG09-951-121 12t21l2009 2009-2011 Direct -Appropriation Contract 2.21. INDUSTRIAL INSURANCE COVERAGE The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, the Board may collect from the Contractor the full amount payable to the Industrial Insurance Accident Fund. The Board may deduct the amount owed by the Contractor to the accident fund from the amount payable to the Contractor by the Board under this Contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to collect from the Contractor. 2.22. LAWS The Contractor shall comply with all applicable laws, ordinances, codes, regulations and policies of local and state and federal governments, as now or hereafter amended including, but not limited to: Washington State Laws and Regulations Affirmative action, RCW 41.06.020 (11). Boards of directors or officers of non-profit corporations — Liability - Limitations, RCW 4 24,264. Disclosure -campaign finances -lobbying, Chapter 42.17 RCW. Discrimination -human rights commission, Chapter 49.60 RCW. Ethics in public service, Chapter 42.52 RCW. Housing assistance program, Chapter 43.185 RCW Interlocal cooperation act, Chapter 39.34 RCW. Noise control, Chapter 70.107 RCW. Office of minority and women's business enterprises, Chapter 39.19 RCW and Chapter 326-02 WAC. Open public meetings act, Chapter 42.30 RCW. Prevailing wages on public works, Chapter 39.12 RCW. Public records act, Chapter 42.56 RCW. Relocation assistance - real property acquisition policy, Chapter 8.26 RCW. Shoreline management act of 1971, Chapter 90.58 RCW. State budgeting, accounting, and reporting system, Chapter 43.88 RCW. State building code, Chapter 19.27 RCW and Energy -related building standards, Chapter 19.27A RCW, and Provisions in buildings for aged and handicapped persons, Chapter 70.92 RCW, State Coastal Zone Management Program, Publication 01-06-003, Shorelands and Environmental Assistance Program, Washington State Department of Ecology. State environmental policy, Chapter 43.21C RCW. State Executive Order 05-05 Archeological and Cultural Resources. 2.23. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract 2.24. LIMITATION OF AUTHORITY Only the Authorized Representative or Authorized Representative's designee by writing (designation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. 2.25. LOCAL PUBLIC TRANSPORTATION COORDINATION Where applicable, Contractor shall participate in local public transportation forums and implement strategies designed to ensure access to services. City of Renton Page 15 Contract Terms and Conditions LG09-951-121 12/21/2009 2009-2011 Direct -Appropriation Contract 2.26. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Contract, the Contractor shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the Contractor's non- compliance or refusal to comply with any nondiscrimination law, regulation or policy, this contract may be rescinded, canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further contracts with the Board. The Contractor shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. 2.27. POLITICAL ACTIVITIES Political activity of Contractor employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17 RCW and the Federal Hatch Act, 5 USC 1501 - 1508. No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. 2.28. PREVAILING WAGE LAW The Contractor certifies that all contractors and subcontractors performing work on the Project shall comply with state Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the Project funded by this contract, including but not limited to the filing of the "Statement of Intent to Pay Prevailing Wages" and "Affidavit of Wages Paid" as required by RCW 39.12.040. The Contractor shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records available for the Board's review upon request. 2.29. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The funds provided under this Contract shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such funds or any other approval or concurrence under this Contract 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. 2.30. PUBLICITY The Contractor agrees not to publish or use any advertising or publicity materials in which the state of Washington or the Board's name is mentioned, or language used from which the connection with the state of Washington's or the Board's name may reasonably be inferred or implied, without the prior written consent of the Board. 2.31. RECAPTURE In the event that the Contractor fails to perform this contract in accordance with state laws, federal laws, and/or the provisions of this contract, the Board reserves the right to recapture funds in an amount to compensate the Board for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by the Board. In the alternative, the Board may recapture such funds from payments due under this contract. 2.32. RECORDS MAINTENANCE The Contractor shall maintain all books, records, documents, data and other evidence relating to this Contract and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect City of Renton Page 16 Contract Terms and Conditions LG09-951-121 1212112009 2009-2011 Direct -Appropriation Contract costs of any nature expended in the performance of this Contract. Contractor shall retain such records for a period of six years following the date of final payment. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been finally resolved. 2.33. REGISTRATION WITH DEPARTMENT OF REVENUE If required by law, the Contractor shall complete registration with the Washington State Department of Revenue. 2.34. RIGHT OF INSPECTION At no additional cost to the Board, all records relating to the Contractor's performance under this Contract shall be subject at all reasonable times to inspection, review, and audit by the Board, the Office of the State Auditor, and federal and state officials so authorized by law, in order to monitor and evaluate performance, compliance, and quality assurance under this Contract. The Contractor shall provide access to its facilities for this purpose. 2.35. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, the Board may terminate the Contract under the "Termination for Convenience" clause, without the ten business day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 2.36. SEVERABILITY If any provision of this Contract or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Contract that can be given effect without the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of this Contract and to this end the provisions of this Contract are declared to be severable. 2.37. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of the Board. If the Board approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, the Board in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to the Board if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to the Board for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that the Board and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. City of Renton Page 17 Contract Terms and Conditions LG09-951-121 12/21/2009 2009-2011 Direct -Appropriation Contract 2.38. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 2.39. TAXES All payments accrued on account of payroll taxes, unemployment contributions, the Contractor's income or gross receipts, any other taxes, insurance or expenses for the Contractor or its staff shall be the sole responsibility of the Contractor. 2.40. TERMINATION FOR CAUSE / SUSPENSION In event the Board determines that the Contractor failed to comply with any term or condition of this Contract, the Board may terminate the Contract in whole or in part upon written notice to the Contractor. Such termination shall be deemed "for cause." Termination shall take effect on the date specified in the notice. In the alternative, the Board upon written notice may allow the Contractor a specific period of time in which to correct the non-compliance. During the corrective -action time period, the Board may suspend further payment to the Contractor in whole or in part, or may restrict the Contractor's right to perform duties under this Contract. Failure by the Contractor to take timely corrective action shall allow the Board to terminate the Contract upon written notice to the Contractor. "Termination for Cause" shall be deemed a "Termination for Convenience" when the Board determines that the Contractor did not fail to comply with the terms of the Contract or when the Board determines the failure was not caused by the Contractor's actions or negligence. If the Contract is terminated for cause, the Contractor shall be liable for damages as authorized by law, including, but not limited to, any cost difference between the original contract and the replacement contract, as well as all costs associated with entering into the replacement. contract (i.e., competitive bidding, mailing, advertising, and staff time). 2.41. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract the Board may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, the Board shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 2.42. TERMINATION PROCEDURES After receipt of a notice of termination, except as otherwise directed by the Board, the Contractor shall: A. Stop work under the Contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities related to the Contract; C. Assign to the State all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the Board has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. Any attempt by the Contractor to settle such claims must have the prior written approval of the Board; and D. Preserve and transfer any materials, contract deliverables and/or the Board property in the Contractor's possession as directed by the Board. City of Renton Page 18 Contract Terms and Conditions LG09-951-121 12/21/2009 2009-2011 Direct -Appropriation Contract Upon termination of the Contract, the Board shall pay the Contractor for any service provided by the Contractor under the Contract prior to the date of termination. The Board may withhold any amount due as the Board reasonably determines is necessary to protect the Board against potential loss or liability resulting from the termination. The Board shall pay any withheld amount to the Contractor if the Board later determines that loss or liability will not occur. The rights and remedies of the Board under this section are in addition to any other rights and remedies provided under this Contract or otherwise provided under law. 2.43. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of the Board. City of Renton Page 19 Contract Terms and Conditions LG09-951-121 12/21/2009 2009-2011 Direct -Appropriation Contract ATTACHMENT I: PROJECT SCOPE OF WORK PUBLIC WORKS BOARD 2009-2011 GRANT PROGRAMS —DIRECT -APPROPRIATION PROJECTS Contractor: City of Renton Contract Number: LG09-951-121 Project Title: Renton Hawk's Landing The project's scope of work is comprised of the following activities: Storm Drainage System: The purpose of the public storm drainage system upgrade along Lake Washington Blvd. near the NE 44th Street Exit 7 on Interstate-405 is to improve surface water facilities improvements along public portions of Lake Washington Blvd. fronting the first phase of the Hawk's Landing project that discharges into May Creek, a Class 1 salmon bearing stream. The storm and sidewalk system proposed shall include design and construction of approximately 240 feet of porous concrete sidewalk, curbing and catch basins south of the first phase of the Hawk's Landing project. In addition, approximately 1,000 feet of storm trunk -main, relocation of overhead power, installation of a water quality treatment facility for treating public runoff would be constructed, as well as the Hawk's Landing frontage catch basins. Anticipated project tasks include surveying, geo-technical investigations, a wetlands and habitat analysis, utility potholing, hydrologic and hydraulic analysis, permitting, preliminary design, final design plans, specifications, preparation of contract documents, bidding, construction and construction inspections. The following is the expected schedule: • Submit consultant scope of work for Council approval by end of October 2009. • Produce plans, specifications, and bid documents with permits by end of March 2010. • Award bid by end of April 2010. • Start construction by early June 2010. • Complete construction by end of October 2010. The storm drainage system will be designed and constructed in conjunction with the proposed waterline design and construction. Water Line Extension: The purpose of the extension of about 1,250 feet of 12-inch diameter City -owned water line is to provide sufficient water capacity for fire protection to properties in the vicinity of the Exit 7 Area, including the Hawk's Landing project. There is currently no water line within this portion of Lake Washington Blvd. The new water line will connect to an existing 12- inch City water line, which ends south of the May Creek bridge and about 620 feet south of the Hawk's Landing project. Anticipated project tasks include permitting, surveying, preliminary design, final design, preparation of contract documents, permitting, bidding, construction, construction inspection and coordination with other public, franchise, and private utilities for relocation. The expected schedule for the design and construction of the water line is the same as the schedule for the storm drainage improvement project and is as follows: • Submit consultant scope of work for Council approval by end of October 2009. • Produce plans, specifications, and bid documents with permits by end of March 2010. • Award bid by end of April 2010. • Start construction by early June 2010. • Complete construction by end of October 2010. City of Renton LG09-951-121 Page 20 Attachment I Project Scope of Work 12/21/2009 2009-2011 Direct -Appropriation Contract May Creek Trail Connector: Property acquisition to include title reports, appraisals, environmental assessment(s), cultural and historical resources review, survey, lot line adjustment, legal and recording fees. Construction to include design, environmental processes, mitigation and permitting. The estimated start date is August 8, 2009 and the estimated completion date is August 2010. If the above scope of work includes engineering, planning, or design activities, the Contractor shall make all plans and documents funded in whole or in part by this Contract available for the Board's review upon reasonable request. The project will be considered complete when all the activities identified in the above scope of work are complete. Additionally, the project performance measures listed below must be accomplished by October 2010. Linear feet of pipe installed (anticipated approximately 1,250 feet): Compared to current data, the improvements to the public storm drainage system along Lake Washington Blvd North will reduce flooding and improve storm drainage capacity for the existing roadway by 15% and improve storm water quality treatment on Lake Washington Blvd. North project area, which discharges directly into May Creek, by 80%. Estimated completion date: October 2010. Linear feet of water line pipe installed: The installation of approximately 1,450 linear feet of 12-inch water line along Lake Washington Blvd. will provide adequate and neded water capacity for fire protection of public and private properties along the Exit 7 corridor. The new water line will also increase the reliability and redundancy of the City's water supply since it will provide a looped system and eliminates an dead-end system. Performance measures for the installation and completion of the water line extension are: 1. The fire flow capacity of the City's water system will increase from the current 2,800 gallon per minute to 5,600 gallons per minute after completion of the water line extension. 2. The reliability and the redundancy of the water supply to the Exit 7 area will double, a 100% increase, since the system will then have a two-way feed instead of the current a single feed. Estimated completion date: October 2010. Linear feet of trail developed for May Creek Trail connection (estimated approximately 1,000 feet). Estimated completion date: October 2010. The Contractor, by its signature below, certifies that the project's scope of work and performance measures set forth above have been reviewed and approved by the Contractor's governing body as of the date and year written below. SIGNATURE NAME TITLE DATE City of Renton LG09-951-121 Page 21 Attachment I: Project Scope of Work 12/21/2009 2009-2011 Direct -Appropriation Contract ATTACHMENT II: CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT PUBLIC WORKS BOARD 2009-2011 GRANT PROGRAMS —DIRECT -APPROPRIATION PROJECTS Contractor: City of Renton Contract Number: LG09-951-121 ype of Funding Funding Source Amoun This Direct -Appropriation Grant Grants - - '- Grant #1 Washington State Public Works Board $1,700,000.00 $0.00 Grant #2 $0 00 Grant #3 $0.00 Total Grants Loan :I Loan #1 _ $0.00 $0.00 Loan #2 $0.00 Loan #3 $0 00 Total Loans $0.00 Local Revenue Local Revenue #1 City of Renton Surface Water Utility $100,000.00 Local Revenue #2 $0 00 Local Revenue #3 $0 00 Total Local Revenue Other Funds $100,000.00 Other Funds #1 $0.00 Other Funds #2 $0.00 Total Other Funds $0.00 TOTAL PROJECT FUNDING $1,800,000.00 The Contractor, by its signature below, certifies that project funding from sources other than those provided by this Contract and identified above has been reviewed and approved by the Contractor's governing body or board of directors, as applicable, and has either been expended for eligible project expenses, or is committed in writing and available and will remain committed and available solely and specifically for carrying out the activities described in ATTACHMENT I: PROJECT SCOPE OF WORK, as of the date and year written below. The Contractor shall maintain records sufficient to evidence that It has City of Renton Page 22 Attachment II: Availability of Funds Certification LG09-951-121 12/21/2009 2009-2011 Direct -Appropriation Contract expended or has access to the funds needed to complete the activities described in ATTACHMENT I PROJECT SCOPE OF WORK, and shall make such records available for the Board's review upon reasonable request. SIGNATURE NAME TITLE DATE City of Renton Page 23 Attachment It: Availability of Funds Certification LG09-951-121 12/21/2009 2009-2011 Direct -Appropriation Contract ATTACHMENT III: ESTIMATED PROJECT COSTS PUBLIC WORKS BOARD 2009-2011 GRANT PROGRAMS —DIRECT -APPROPRIATION PROJECTS Contractor: City of Renton Contract Number: LG09-951-121 Cost Category :__.,.. Engineering Report mount. $0.00 Cultural & Historical Resources Review (Section 106 or EO 05-05) $6,000.00 Environmental Review $5,000.00 Land/Right-of-Way Acquisition $250,000.00 I Permits $0.00 Public Involvement/Information $0.00 Bid Documents $0 00 Construction $1,200,000.00 Other: Survey $10,000.00 Other: Legal & Real Estate Fees, Title Reports, Appraisals $29,000.00 Other: Stormwater - design plans, specification, permit costs $240,000.00 Other: Water Line - design engineering, plans, specifications $60,000,00 Other: $0 00 Other: $0.00 TOTAL ESTIMATED PROJECT COSTS $1,800,000,00 The Contractor, by its signature below, certifies that the Estimated Project Costs set forth above have been reviewed and approved by the Contractor's governing body or board of directors, as applicable, as of the date and year written below. SIGNATURE NAME TITLE DATE City of Renton Page 24 Attachment III: Estimated Project Costs LG09-951-121 12/21/2009 2009-2011 Direct -Appropriation Contract ATTACHMENT IV: CERTIFICATION OF THE PAYMENT AND REPORTING OF PREVAILING WAGES PUBLIC WORKS BOARD 2009-2011 GRANT PROGRAMS —DIRECT -APPROPRIATION PROJECTS Contractor: City of Renton Contract Number: LG09-951-121 The Contractor, by its signature below, certifies that all contractors and subcontractors performing work on the project as described in ATTACHMENT I: PROJECT SCOPE OF WORK shall comply with prevailing wage laws set forth in Chapter 39.12 RCW, as applicable to the project funded by this Contract, including but not limited to the filing of the "Statement of Intent to Pay Prevailing Wages" and "Affidavit of Wages Paid" as required by RCW 39.12.040. The Contractor shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records available for the Board's review upon request. If any state funds are used by the Contractor for the purpose of construction, applicable State Prevailing Wages must be paid. The Contractor, by its signature below, certifies that the declaration set forth above has been reviewed and approved by the Contractor's governing body as of the date and year written below. SIGNATURE NAME TITLE DATE City of Renton LG09-951-121 Page 25 12/21/2009 Attachment IV: Prevailing Wages Certification 2009-2011 Direct -Appropriation Contract ATTACHMENT V: CERTIFICATION OF THE INTENT TO ENTER THE LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEED) CERTIFICATION PROCESS PUBLIC WORKS BOARD 2009-2011 GRANT PROGRAMS —DIRECT -APPROPRIATION PROJECTS Contractor: City of Renton Contract Number: LG09-951-121 The Contractor, by its signature below, certifies that it will enter into the Leadership in Energy and Environmental Design (LEED) certification process, as stipulated in RCW 39.35D, as applicable to the project described in ATTACHMENT L PROJECT SCOPE OF WORK funded by this Contract. The Contractor shall, upon receipt of LEED certification by the United States Green Building Council, provide documentation of such certification to the Board. The Contractor, by its signature below, certifies that the declaration set forth above has been reviewed and approved by the Contractor's governing body or board of directors, as applicable, as of the date and year written below. SIGNATURE NOT APPLICABLE E. �6EEQ.exempt project) TITLE DATE City of Renton Page 26 Attachment V LEED Certification LG09-951-121 12/21/2009 2009-2011 Direct -Appropriation Contract PUBLIC WORKS DEPARTMENT g cr L�� emon M E M O R A N D U M DATE: December 30, 2009 TO: Peter Hahn, PW Deputy Administrator - Transportation Neil Watts, Development Services Director Suzanne Dale-Estey, Economic Development Director Michael Stenhouse, Maintenance Services Director David Christensen, Wastewater Utility Supervisor Abdoul Gafour, Water Utility Supervisor Jennifer Henning, CED Current Planning Manager FROM: Ron Straka, Surface Water Utility Supervisor (ext. 7248) STAFF CONTACT: Steve Lee, Surface Water Engineer (ext. 7205) 4Z- SUBJECT: Project Proposal — Lake Washington Boulevard North Storm and Water System Improvement Project, SWP-27-3531 Attached for your review is the Surface Water Utility's project proposal for the Lake Washington Boulevard North Storm and Water Improvement Project near Hawk's Landing. Please complete and return the Management Acceptance page to Steve Lee by January 13, 2010. Thank you for your help. If you have any questions, please contact Steve. Attachment cc: Lys Hornsby, Utility Systems Director h:\file sys\swp - surface water projects\swp-27 - surface water projects (cip)\27-3531 lake washington blvd-hawks landing\1000 corres city\091210 Iwb project memo.doc\STLtp Lake Washington Boulevard North Storm and Water System Improvement Project SWP-27-3531 r�•�rl�•iil �J�'>ti�� The purpose of the project is to install curb/gutter and portions of a sidewalk, a new storm system, and a waterline extension within Lake Washington Boulevard North to meet the infrastructure needs for future development in the vicinity of 1-405 Exit 7 area, including the Hawk's Landing development. These improvements will be constructed in coordination with frontage improvements that will be constructed on the Hawk's Landing Hotel site frontage. PROJECT BACKGROUND The Lake Washington Boulevard at Hawk's Landing Storm and Water System Improvement Project is located west of 1-405 and south of NE 441h Street-Seahawks Way and west of the frontage along the former site of Pan Abode Cedar Homes manufacturing location (see Figure 1). To the northwest is the VMAC, the home of the Seahawk's Headquarters and Training facility, to the west are Barbee Mill and Quendall Terminals. To the south is May Creek. The purpose of the Lake Washington Boulevard Storm and Water System Improvement Project is to install a new storm system, waterline extension, curb, gutter, and approximately 320 feet of sidewalk along Lake Washington Boulevard North to meet the infrastructure needs for future development in the vicinity of the 1-405 Exit 7 area. Installation of this project is intended to spur development activities in this area that has for decades been used as industrial land and warehouse space. Most recently it has been the site of Pan Abode Cedar Homes and is presently vacant with interest by the Alpert International, LLC to convert the 7.8 acre site into a hotel, office and retail shops development. This project is funded from state investments through the Washington State Public Works Board 2009 to 2011 Grant Programs Direct Appropriation Projects. This investment would fund the water and stormwater related infrastructure improvements as well as a regional trail connection that will act as a critical catalyst to make this development more attractive as a major office and mixed use relocation area for the City's northern gateway area. In addition, it is hoped that the Hawk's Landing development will help stimulate the cleanup and redevelopment of the large Quendall Terminals waterfront property by enticing future developers to a more vibrant area. PROJECT DESCRIPTION The proposed curb and gutter improvements will extend on the east side of Lake Washington Boulevard North from 600 feet south of the intersection with Seahawks Way and continue south to the existing May Creek Bridge sidewalk. The Hawk's Landing development will be constructing the curbing and sidewalk north of the southern intersection and the City will be constructing the curbing and sidewalk south of the southern intersection. The two new entrances will be laid with asphalt and no decorative crosswalks. This project does not include Lk WA Blvd Storm and Water System Project Proposal December 30, 2009 Page 2 of 6 any City work for installing landscaping along the entire frontage and will be the developers responsibility. The stormwater system improvements include collecting Lake Washington Boulevard North roadway and sidewalk runoff and treating the stormwater prior to discharging into a new stormwater trunk pipe that will also convey upstream flows from existing WSDOT areas and the Hawk's Landing development. The stormwater trunk line will connect from the existing WSDOT manhole and extend south to the existing culvert north of the May Creek Bridge. The storm system improvements will include providing water quality treatment for Lake Washington Boulevard North's project area prior to discharging into May Creek. The waterline extension includes the installation of approximately 1400 feet of 12-inch waterline on Lake Washington Boulevard North from North 401h Street to NE 44th Street. A portion of the waterline will be installed inside an existing 18-inch steel casing under May Creek Bridge. The water system improvements will be designed to serve existing and future development in the area and will improve fire flow and water system redundancy. Other dry, franchise utilities present in the area include gas, telephone, power and fiber optic lines that may conflict with the new stormwater, water, curb/gutter and sidewalk improvements. Two high voltage power poles will need to be relocated by PSE as a result of the gutter line relocation. During the design process, the franchise utilities will be potholed and surveyed to identify their location and elevation. The Surface Water Utility, Water Utility and the Engineering Consultant will work with the franchise utility owners to resolve any conflicts. Construction will be partially in the City right-of-way and in easements on private property. After construction is completed, the public and private property will need to be restored. Restoration will include patching the asphalt road, fixing any concrete curb and gutter, and any other items that may be affected by construction. The project will include the following elements: • Easements: New permanent utility easements will be needed for the stormwater trunk - line on the Hawk's Landing property, and temporary construction easements need to be obtained from the private property owners to cover the entire area where the new storm and water quality system will be located and constructed. The property owners expected to be involved are Alpert International, LLP and the Port Quendall Company (or whoever owns the land). Alpert International shall obtain the release of the WSDOT easement for the existing upstream storm pipe that discharges into the Lake Washington Boulevard North drainage system. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3531 Lake Washington Blvd -Hawks Landing\1000 Corres City\091210 LWB Project Proposal.doc\STLtp Lk WA Blvd Storm and Water System Project Proposal December 30, 2009 Page 3 of 6 • Surveying: The contract with the Engineering Consultant will include surveying for a base map survey of the existing drainage system, the existing water main, various dry utilities, topography, and other miscellaneous structures. Design: The Surface Water Utility (SWU) and Water Utility (WU) will have an Engineering Consultant design the new stormwater system and water main extension. The work will include surveying, geo-technical investigation (boring and soil samples), hydraulic analysis, private utility investigation, final plans, construction plans and specifications, and construction assistance and observation. • Environmental Review and Permits: The SWU, with assistance from the consultant, will prepare the SEPA checklist for the project and submit it to Development Services for review. A Hydraulic Permit (HPA) from the State may be required since the project connects to an open ditch/channel/culvert with potential wetlands in the channel. Work to remove wetlands, depending on the size of the wetland, may trigger the need for an HPA. The consultant shall determine if a HPA is required. A Shoreline Permit shall be needed. • Construction: The City will advertise the project for bids. The bid will be awarded by the City Council to the lowest responsible bidder. Construction inspection will be by City inspectors with specialty inspection assistance provided by the consultant. CONSTRUCTION DATES: Construction is planned to occur between early June 2010 to October 2010, provided that all easements, franchise utilities relocations, and permits can be obtained in time to allow construction during this time period. TRANSPORTATION ROUTES/HAULING: The contractor will probably negotiate and establish an equipment staging and material storage area in the Hawk's Landing parcel. Construction hauling will probably use either Lake Washington Boulevard North from the south or from the north via Exit 7 — from 1-405. The contractor will need to post construction signs and may need flaggers to direct traffic around the construction area. It is anticipated that Lake Washington Boulevard North will need to remain open at all times during construction. Typical construction hours are expected to be 7:00 a.m. to 5:00 p.m., Monday through Friday. Lake Washington Boulevard North is a collector arterial. Truck traffic will be limited from the south during the early morning hours or during weekends. Work on weekends will only occur with approval from the City. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3531 Lake Washington Blvd -Hawks Landing\1000 Corres City\091210 LWB Project Proposal.doc\STLtp Lk WA Blvd Storm and Water System Project Proposal December 30, 2009 Page 4 of 6 The contractor will be required to file a Traffic Control Plan with the City to identify hauling routes and traffic control measures for the construction area. Erosion control measures such as storm drain inlet protection, ditch rock berms, and filter fabric fences, per the King County Surface Water Manual will be used. Any soil stockpiles not in use will be covered with plastic sheets during rainy periods. Dust control will also be required of the contractor. All construction equipment will be required to have muffler and exhaust systems in good working order. PRELIMINARY COST ESTIMATE Construction Cost: $1,000,000 - $1,200,000 FUNDING SOURCE The project will be funded through the Surface Water Utility Capital Improvement Program (427) Budget with $100,000 and with $1,200,000 from the State of Washington Public Works Board 2009-2011 Grant Programs Direct Appropriations Projects budget. PROJECT SCHEDULE Consultant Contract Executed in December 2009 Surveying Base Survey in late December 2009 to early January 2010 Easements Complete by April 2010 Environmental Review Submit by early February 2010 (if final Hawk's Landing site plan is provided to City Project Manager by January 5, 2010) Final Design March — April 2010 Bid Project May -June 2010 Begin Construction July 2010 End Construction October 2006 INVOLVEMENT AND PARTICIPATION Community and WSDOT: The affected property owners will be contacted to obtain temporary and permanent easements for the project. The Surface Water Utility and Water Utility have already met with the property owners to discuss the project and their need to grant easements for the project. The property owners in the project vicinity will be notified during the H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3531 Lake Washington Blvd -Hawks Landing\1000 Corres City\091210 LWB Project Proposal.doc\STLtp Lk WA Blvd Storm and Water System Project Proposal December 30, 2009 Page 5 of 6 Environmental Review phase about the design and construction schedule. Property owners will also be notified of upcoming construction after the bid is awarded. The Hawk's Landing developer has already been notified to obtain the release of WSDOT easement from their property. Other Agencies: Other agencies will be notified about the project during the design and prior to the start of construction. Franchise Utilities: Franchise utilities will be notified prior to the design phase. The consultant will coordinate with City staff and the Franchise Utilities to ensure their utilities are relocated and coordinated with our construction. The contractor will be responsible to contact One -Call Locates prior to beginning construction. STAFFING Project Management: The Project Manager is Steve Lee, Surface Water Utility. Mapping: Surveying for base map and existing utilities will be performed by the Engineering Consultant. Geotechnical Investigations and Habitat/Wetland Investigations: Will be included as part of the Engineering Consultant contract. Design: The hydraulic analysis, design of the new storm system, design of the new water system and construction plans and specifications will be part of the Engineering Consultant contract. In -House Reviews: Coordination with other City departments will be done during the design phase of the project. There will be at least one meeting to review the proposed design with other City departments. A design team will be formed if a sufficient number of other City departments indicate the need for one. Please complete the attached response form and return it to Steve Lee by January 13, 2010. If you have any projects that may affect this proposal, please provide a scope of work, location figure, and description of how they may be related. If you have any questions, please contact Steve Lee at ext. 7205. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3531 Lake Washington Blvd -Hawks Landing\1000 Corres City\091210 LWB Project Proposal.doc\STLtp J Lk WA Blvd Storm and Water System Project Proposal December 30, 2009 Page 6 of 6 Management Acceptance and Commitment For The LAKE WASHINGTON BOULEVARD NORTH STORM & WATER SYSTEM IMPROVEMENT PROJECT at HAWK'S LANDING ❑ We concur with the project scope and schedule as outlined in this project proposal. We are assigning (Ext. ) as our representative on the design team. ❑ We concur with the project scope and schedule as outlined in this project proposal. We are not assigning a representative to participate on the design team, but reserve our right to participate in the standard review processes. ❑ We feel that the following item(s) are of concern or interest in relationship to this project and would like to bring them to you attention: (Signed) (Name, Section or Division) (Date) H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3531 Lake Washington Blvd -Hawks Landing\1000 Corres City\091210 LWB Project Proposal.doc\STLtp SE:79TX!EI 4 Fes. vl v@'. ..ice � •v � } �""4, +� _. • � ..�-�a� . i 1' .�.� =- LIMITS OF p PROJECT . «N-43RD5T'..w1' ; llp LIL y_.a" -i ,y� r �.-' r .r�`•.;"i. �w �$..� win �� r xaF..�.�: in ,r to - 7� ✓ t s+-. i+" •. a°�A' t7A ! �*� a^TN sT e 16 t c x + N38TH �., .� ` -- ♦ a•'" ,. - h , tic. - T' I">- n-._ tea. �-R'fY' • i F�k GvQE 1.. i 1 F N 0 500 F t s i nsr rEa rA CITY OF RENTON LAKE WASHINGTON BOULEVARD STORM & WATER IMPROVEMENTS GXvLy 8c OabaY ne, Imo. CONSULTING ENGINEERS ee r r Public Works Board 906 Columbia St SW PO Box 48319 Olympia, WA 98504-8319 PROJECT PROGRESS REPORT UPDATE FORM Quarterly Legal Name: City of Renton Grant/Loan Number: LG09-951-121 Grant/Loan Amount: $1,700,000.00 Project Title: Renton Hawk's Landing Contact Person: J.D. Wilson 425 430-7295 Staff Assigned Denise Fr (360) 725-2741 State Fiscal Year*: 2012 State Fiscal Quarter**: Q1 * State fiscal years start on July 1 and end on June 30 the following year, e.g., Fiscal Year 2009 starts on July 1, 2008, and ends on June 30, 2009. ** State fiscal year quarters are Q1=Jul, Aug, Sep, Q2=Oct, Nov, Dec; Q3=Jan, Feb, Mar; and Q4=Apr, May, Jun Activity Expected Completion Date MM/YY : Percent Complete (e.g., 20% : Engineering Design/Report 12/1/2010 100.00 Cultural and Historical Resources Review 1/1/2010 100.00 _ Environmental Review 3/1/2011 10/1 /2010 4/ 1 /2011 6/1 /2010 12/1 /2010 5/1/2011 8/1/2011 9/1/2011 8/1/2012 90.00 100.00 100.00 90.00 100.00 100.00 0.00 j 0.00 100.00 100.00 _ 10.00 0.00 0.00 0.00 0.00 0.00 Land/Right-of-Way Acquisition Permits Public Involvement/information Bid Documents _ Award Construction Contract _Start Construction _ Project In Use _ Other: Trail Purchase & Sales Agreement Other: Trail Acquisition Other: Complete Construction - Trail Other: Other: Other: Other: Other: Department of Health Application Number (if applicable) Jobs reporting (if required): 0 Job hours, Percent FTE 0.00 LG09-951-121 Page 1 11/3/11 ti Project Completion Date Deadline for Contract project completion is: 2/2/2012 Deadline for Contract project completion is Overall Project Completion Percent: 0 Issue or Difficulty identified THIS QUARTER **MISSING FIELD VALUE** Project Activity Status THIS QUARTER Please describe the project progress over the last three months: On the water/storm infrastructure portion of the project, project construction is 80% complete. The storm system improvements have been completed in the last quarter. The water system has been installed and tested and will be operational in October 2011 following the passing of the water purity test. All construction work is scheduled for completion by the middle of November 2011. Project close-out and final pay estimates are anticipated to be completed after as -built plans are completed by the contractor following completion of construction. On the trail portion of the project, the propoerty has been acquired and the City has nearly finalized the consultant Scope of Services. The scope develops a project that can be bid (contract document package) and includes the required environmental analysis. The estimated timeframe to complete the environmental work and a biddable contract document package is six months, with construction to follow. Describe encountered issues or difficulties (if any) that may cause project delays: Does the project scope of work need to be revised? False Please contact your Contracts Administration Unit (CAU) regional project manager as soon as possible if the above Contract project completion date cannot be met or if your project is complete Does the Contract Notice to Proceed need to be extended?False Does the Contract Completion Date need to be extended?True Does this project need or are you requesting Technical Assistance? False None LG09-951-121 Page 2 11/3/2011 Public Works Board O _ 906 Columbia St SW PO Box 48319 Olympia, WA 98504-8319 Disadvantaged Business Enterprise Information (DBEs)(Drinking Water Private and ARRA Loans Only) Did you award any contracts this Quarter? Select One Total contracted out this Quarter or Reporting Period: 0.00 Type Contract Award Type of Contractor Name Contractor Business Total Date Service Address Minority Owned 0.00 Construction Women Owner 0.00 Construction Small Business 0.00 Construction SBE 0.00 Construction Historically 0.00 Construction Underutilized Business HU B Labor Surplus 0.00 Construction Area Firm LSAF Other Entities 0.00 Construction meeting EPA's DBE Re uirmenta Dedicated Repayment Account and Fiscal Expenditures (Drinking Water Private SRF Loans Only) Please enter the current account balance for the repayment account: $0.00 During the fiscal year, how much has your system expended using federal funds? 0.00 (Fiscal year is your fiscal year as determined by your organization) Jurisdiction fiscal year break down: LG09-951-121 Page 3 1113/11 Contractor and Subcontractor Information (Drinking Water Private ARRA Loans Only) Contractor/Subcontractor Tax Identification Number Amount Paid this Quarter 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total Paid out 0.00 Jurisdiction overhead/administrative cost this quarter/reporting period. 0.00 LG09-951-121 Page 4 11/3/2011