HomeMy WebLinkAboutRES 4342CITY OF RENTON, WASHINGTON
RESOLUTION NO. 4342
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE
WASHINGTON STATE DEPARTMENT OF TRANSPORTATION ("WSDOT") FOR
MITIGATION OF IMPACTS TO SECTION 4(f) PROPERTIES LOCATED ALONG THE
WSDOT 1-405 RENTON TO BELLEVUE PROJECT CORRIDOR.
WHEREAS, the City and WSDOT are authorized, pursuant to RCW Chapter 39.34, the
Interlocal Cooperation Act, to enter into an interlocal government cooperative agreement; and
WHEREAS, WSDOT is planning improvements to 1-405 between SR 169 and 1-90, known
as the Renton to Bellevue Project (the "Project"); and
WHEREAS, a portion of the Project abuts properties within the City's jurisdiction that are
owned by the City; and
WHEREAS, the Federal Highway Administration and the State have identified two such
properties, specifically described in the interlocal agreement, as qualifying properties under
Section 4(f) of the United States Department of Transportation Act of 1966 (49 USC 303); and
WHEREAS, a Section 4(f) use of a Section 4(f) property requires mitigation and compliance
with processes specified by federal regulatory guidelines codified at 23 C.F.R. § 774; and
WHEREAS, it is necessary to document the terms and conditions of said mitigation for the
two Section 4(f) properties at issue in an interlocal agreement;
WHEREAS, the City and WSDOT have negotiated the terms of a mutually agreeable
interlocal agreement;
1
RESOLUTION NO. 4342
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The Mayor and City Clerk are hereby authorized to enter into the interlocal
agreement with WSDOT entitled "Interlocal Agreement Between the Washington State
Department of Transportation and the City of Renton for Mitigation of Impacts to Section 4(f)
Properties Located Along the WSDOT 1-405 Renton to Bellevue Project Corridor" and designated
by WSDOT as contract file number GCB 2890, which is attached hereto as Exhibit A and
incorporated by this reference.
PASSED BY THE CITY COUNCIL this 21st day of _May_, 2018.
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Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this this 21st day of May , 2018.
Approved as to form:
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Shane Moloney, City Attorney
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RESOLUTION NO. 4342
EXHIBIT A
INTERLOCAL AGREEMENT BETWEEN THE WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION AND THE CITY OF RENTON FOR
MITIGATION OF IMPACTS TO SECTION 4(f) PROPERTIES LOCATED
ALONG THE WSDOT 1-405/SR 167 RENTON TO BELLEVUE PROJECT
Resolution No. 4342
INTERLOCAL AGREEMENT BETWEEN THE WASHINGTON STATE DEPARTMENT
OF TRANSPORTATION AND THE CITY OF RENTON FOR MITIGATION OF
IMPACTS TO SECTION 4(f) PROPERTIES LOCATED ALONG THE WSDOT 1-405
RENTON TO BELLEVUE PROJECT CORRIDOR
This Interlocal Agreement (Agreement) is made and entered into by the Washington
Department of Transportation, an agency of the State of Washington (WSDOT), and the City of
Renton, a Washington municipal corporation (CITY) (collectively, the CITY and WSDOT are the
"Parties").
Recitals
1. The Parties have the authority to enter into this Agreement pursuant to chapter 39.34 RCW,
the Interlocal Cooperation Act, wherein the legislature has authorized governmental units to
make the most efficient use of their individual powers by enabling them to cooperate on a
basis of mutual advantage for public benefit.
Background
2. WSDOT is planning improvements to 1-405 between SR 167 in Renton and NE 6th Street in
Bellevue, known as the 1-405, Renton to Bellevue Widening and Express Toll Lanes Project
(the "Project"),
3. The Project's Request for Proposals (RFP) is scheduled for issuance in November 2018,
and the Project is expected to open to traffic in 2024.
4. A portion of the Project abuts properties within the CITY's jurisdiction that are publicly
owned.
5. In December 2017, the CITY acquired a portion of a property to be encumbered by the
Project with a temporary construction easement.
6. The Federal Highway Administration and the State of Washington have identified two
properties as qualifying for preservation under Section 4(f) of the United States Department
of Transportation Act of 1966 (49 USC 303) as publicly owned park and recreation areas, as
further described below.
7. The CITY's two publicly owned Section 4(f) properties at issue are identified as follows:
a. Area 1. The property referred to in this Agreement as "Area 1" is situated abutting and
east of 1-405, south of NE 43rd Street (if extended) and north of NE 40th Street (if
extended). It is designated by King County as tax parcel 3224059010. WSDOT has
designated the property as Parcel No. 1-24345 and has also referred to the property as
the Fawcett Property. The property is depicted in Exhibit 1 hereto' and described in
Exhibit 2 hereto.
I Exhibit 1 was referred to as "Attachment 1" in the Parties' letter of intent discussed below.
GCB 2890 Page 1 of 9
Resolution No. 4342
b. Area 2. The property referred to in this Agreement as "Area 2" is situated abutting and
west of 1-405, north of N 40th Street (if extended). The property is comprised of portions
of King County tax parcels 3224059043 and 3224059081 (as of November 27, 2017, but
subject to change due to a lot line adjustment, CITY File No. LUA-17-000470, King
County Recording No. 20171130900003). WSDOT has designated the property as
Parcel No. 1-24496 and has also referred to the property as the Meadow Property. The
property is depicted in Exhibit 3 hereto.'
8. A Section 4(f) temporary occupancy requires compliance with processes specified by federal
regulatory guidelines codified at 23 C.F.R. § 774.
Area 1 Mitigation (East of 1-405; WSDOT Parcel Number 1-24345; King County APN
3224059010)
9. As of the date of this Agreement, WSDOT calculated Area 1 to be 322,130 square feet in
area and proposes to take 45,225 square feet of Area 1 for right-of-way for the Project,
which is 14% of Area 1.
10. The CITY acquired Area 1 using funding from two grants from King County's Conservation
Futures Levy Fund. Because WSDOT proposes to take a portion of Area 1 for the Project, a
King County -City of Renton interlocal agreement (titled Interlocal Cooperation Agreement
Between King County and the City of Renton Suburban City Open Space Acquisition
Projects, executed on June, 5, 1990) (hereinafter, the "King County -City of Renton ILA")
requires that an appraisal be provided to King County valuing Area 1. WSDOT obtained an
appraisal report, which was transmitted to King County. To date, King County has accepted
the appraisal report as sufficient for the purposes of the King County -City of Renton ILA.
11. The CITY has included Area 1 within the May Creek Greenway plan; protects it for park,
recreation, and waterfowl and wildlife refuge uses; considers the area to be a recreation and
wildlife area of local significance; and has long -designated it as the location for a connector
segment of the regional May Creek Trail, all of which qualify Area 1 as a Section 4(f) public
park and recreation area.
12. Without mitigation, the Project would adversely affect the features, attributes, or activities
qualifying Area 1 for protection under Section 4(f), and is a use of Area 1 under Section 4(f).
13. WSDOT and CITY agree that installing the CITY's contemplated May Creek Trail connector
segment would mitigate the Project's impacts on Area 1 such that the Project would not
adversely affect the features, attributes, or activities qualifying Area 1 for protection under
Section 4(f).
14. WSDOT is willing to pay for the design, permitting, and construction of the May Creek Trail
connector segment to mitigate the Section 4(f) impacts to Area 1; provided that the CITY
concurs that such work mitigates the impacts to Area 1 to a 4(f) de minimis impact.
' Exhibit 3 was referred to as "Attachment 2" in the Parties' letter of intent discussed below.
GCB 2890 MITIGATION OF IMPACTS TO SECTION 4(f) PROPERTIES Page 2 of 9
Resolution No. 4342
Area 2 Mitigation (West of 1-405 and south of May Creek, WSDOT Parcel No 1-24496: King
County APNs 3224059081 (portion) and 3224059043 (portion) (parcel numbers as of January
17, 2018))
15. As of the date of this Agreement, WSDOT calculated Area 2 to be 357,673 square feet in
area and proposes to encumber 2,878 square feet of Area 2 for a temporary construction
easement, as shown on the Right of Way Plan, Exhibit 4, to facilitate construction of the
Project.
16. In December 2017, the CITY acquired Area 2 from a private owner, Meadow Partners, LLC,
which retains ownership of the parcel immediately south of Area 2, and the CITY has
included Area 2 as part of the May Creek Greenway Plan, qualifying the acquired portion for
Section 4(f) protection as a publicly owned park and recreation area.
17. A Section 4(f) temporary occupancy of Area 2 will occur.
18. WSDOT and CITY agree that limiting WSDOT's use of Area 2 to a temporary construction
easement and providing for post -construction restoration and the relocation of utilities
located within Area 2 serving the parcel to the south, as specified in this Agreement, is not a
Section 4(f) use triggering Section 4(f) mitigation and qualifies as a temporary occupancy
under Section 4(f) guidelines.
Letter of Intent
19. On November 3, 2017, the CITY delivered a letter of intent to WSDOT documenting the
CITY's understanding of WSDOT's intent to mitigate the impacts to the two Section 4(f)
properties, and the Letter of Intent provided that the Parties would subsequently enter into
an interlocal cooperation agreement to formalize the Parties' understandings and
obligations.
Now Therefore, in consideration of the mutual promises herein, and the attached Exhibits which
are incorporated and made a part hereof, the Parties agree as follows:
Agreement
The CITY and WSDOT agree to comply with the terms of this Agreement.
1.0 Adoption of Recitals
The foregoing recitals are adopted and incorporated herein as terms of this Agreement.
2.0 Area 1 Responsibilities
2.1 The CITY's responsibilities
2.1.1 The CITY will conceptually design, provide design criteria and specifications, and
permit (including environmental review) an eight -foot wide soft surface trail with
accessory components (such as split rail trail fencing, sensitive areas signage,
public access signs, benches, and other trail amenities) connecting from the
existing soft surface May Creek Trail on the west side of 1-405 and north of May
Creek (on the property designated by King County as parcel number
GCB 2890 MITIGATION OF IMPACTS TO SECTION 4(f) PROPERTIES Page 3 of 9
Resolution No. 4342
3224059109) and extending underneath 1-405 to the east and through Area 1 to
Jones Avenue NE (the "Trail Segment"). The CITY's work to conceptually design,
provide design criteria and specifications, and permit (including environmental
review) the Trail Segment is hereinafter the "Work." Attached to this Agreement
as Exhibit 5 Conceptual Trail Plans (Exhibit 5) are preliminary, conceptual plans
gathered by the CITY anticipating the Trail Segment's approximate location and
design.
2.1.1.1 The CITY will designate a CITY employee from the CITY's Public
Works Department or the Community and Economic Development
Department as an internal project manager for the Work.
2.1.1.2 Due to CITY staffing and workloads, the CITY intends to engage a
consultant to aid the CITY's project manager in project management. The
CITY will retain the authority to engage such a project manager consultant
and to engage any other consultants for any portion of the Work, all at the
CITY's discretion.
2.1.1.3 The CITY will keep a record of all of its costs incurred to perform
the Work, including the hourly cost value of the CITY's project manager and
any other CITY staff performing the Work.
2.1.1.4 No later than September 15, 2018, the CITY will deliver to
WSDOT three (3) hard copies and an electronic copy of conceptual plans
and specifications for the Trail Segment (Conceptual Trail Segment Plans).
The Conceptual Trail Segment Plans will include, but not necessarily be
limited to, conceptual alignment plans, cross sections, details, and
construction requirements, to be incorporated into the Project's RFP. The
Conceptual Trail Segment Plans will reflect an approximately 30% design
level.
2.1.2 For any local government permit administered by the CITY for the Trail Segment,
the CITY will afford the public the opportunity to review and comment on the
effects of the Project on the Section 4(f) resource.
2.1.3 The CITY will diligently pursue obtaining the necessary permits for the Trail
Segment. It will pursue obtaining such permits as contemporaneously as
possible to WSDOT's RFP ad date (currently November 2018), but both the CITY
and WSDOT acknowledge that the permit processes may not yet be complete by
November 2018. As soon as the Trail Segment is fully permitted, the CITY will
deliver to WSDOT three (3) hard copies and an electronic copy of any of the
following types of plans and specifications associated with permits obtained by
the CITY: alignment plans, cross sections, details, construction requirements,
and scope(s) of work (collectively, the "Permitted Trail Segment Plans").
2.1.4 Within ten (10) days after the execution of this Agreement, the CITY will submit
to WSDOT written concurrence that installing the Trail Segment sufficiently
mitigates the impacts to Area 1 such that a Section 4(f) De Minimis impact
determination is appropriate.
2.2 WSDOT's responsibilities
GCB 2890 MITIGATION OF IMPACTS TO SECTION 4(f) PROPERTIES Page 4 of 9
Resolution No. 4342
22.1 WSDOT acknowledges that it possesses property data (including environmental
studies and assessments) that could aid the CITY in obtaining permits for the
Trail Segment. WSDOT agrees that it will transmit all such property data to the
CITY within ten (10) days after the execution of this Agreement.
2.2.2 WSDOT agrees it will reimburse the City of Renton for the portion of Area 1
acquired by the Project which was earlier acquired from King County by the CITY
with grant funds. Upon King County's written acceptance of the value of the take
portion of Area 1, the State will reimburse the City of Renton for the change in
use or status of Area 1 caused by the State's take in an amount determined
pursuant to the terms of the King County -City of Renton ILA.
2.2.3 WSDOT will secure a trail lease for the CITY's Trail Segment within WSDOT
right-of-way before WSDOT's RFP ad date (currently November 2018).
2.2A WSDOT will incorporate the Conceptual Trail Segment Plans into the Project's
RFP. WSDOT will design (Engineer of Record), construct, and observe the
construction of the Trail Segment (Trail Segment Construction) at WSDOT's
expense, as conceptually designed and permitted by the CITY as shown in the
Permitted Trail Segment Plans. WSDOT will complete Trail Segment
Construction no later than the completion date of the Project, which is planned
for 2024.
2.2.5 When WSDOT determines that Trail Segment Construction is complete, WSDOT
will deliver a written Notice of Physical Completion of Trail Segment Construction
(Notice) to the CITY.
3.0 Area 2 Responsibilities
3.1 The CITY's Responsibilities
3.1.1 The CITY will grant WSDOT a temporary construction easement over Area 2 to
build temporary access to the southwest side of the new May Creek Bridge for
construction.
3.1.2 Within ten (10) days after the execution of this Agreement, the CITY will provide
WSDOT with a written statement that the CITY agrees that WSDOT's proposed
temporary occupancy of Area 2 is not a Section 4(f) use.
3.2 WSDOT's Responsibilities
3.2.1 WSDOT will design, permit, relocate, and connect the existing utilities located
within Area 2 that serve the parcel immediately to the south which is owned by
Meadow Partners, LLC (or its heir, successor, or assign) to maintain existing or
better service, with all work incurred and costs paid for by WSDOT.
3.2.2 WSDOT will restore Area 2 to original or better condition prior to completion of
the Project. WSDOT acknowledges and agrees that mitigation for temporary
impacts will be evaluated through the shoreline and critical areas permit(s) and
GCB 2890 MITIGATION OF IMPACTS TO SECTION 4(f) PROPERTIES Page 5 of 9
Resolution No. 4342
will likely address plant establishment and mitigation for tree impacts. All
mitigation for temporary impacts will be at WSDOT's cost.
4.0 Payment
4.1 WSDOT, in consideration of the faithful performance of the Work to be done by the
CITY, agrees to reimburse the CITY for the actual direct and related indirect cost of the
Work as shown in Exhibit 6, Estimate of Cost GCB 2890 (Exhibit 6). WSDOT expressly
acknowledges that the amounts stated in Exhibit 6 serve as an estimate. The CITY will
closely monitor expenditures and will request additional authorization from WSDOT with
justification before exceeding the total shown in Exhibit 6.
4.2 Partial payments shall be made by WSDOT, upon request of the CITY, to cover costs
incurred. These payments are not to be more frequent than one (1) per month. It is
agreed that any such partial payment will not constitute agreement as to the
appropriateness of any item and that, at the time of the final audit, all required
adjustments will be made and reflected in a final payment.
4.3 WSDOT agrees to make payment for the work to be done by the CITY within thirty (30)
days from receipt of the billing from the CITY.
4.4 The CITY agrees to submit a final bill to WSDOT within forty-five (45) calendar days
after the CITY has completed the Work.
5.0 City Acceptance of the Trail Segment
5.1 Prior to acceptance of the Trail Segment Construction, the CITY and WSDOT will
perform a joint final inspection. The CITY agrees, upon satisfactory completion of the
Trail Segment Construction and receipt of the Notice, to deliver a letter of acceptance to
WSDOT which shall include a release of WSDOT from all future claims or demands of
any nature resulting from the performance of the Trail Segment Construction and
WSDOT administration thereof, subject to any contractor claims caused by the negligent
acts or omissions of WSDOT in administering the Trail Segment Construction,
5.2 If a letter of acceptance is not received by WSDOT within thirty (30) calendar days
following delivery of the Notice to the CITY, the Trail Segment Construction and WSDOT
administration thereof shall be considered accepted by the CITY, and WSDOT shall be
released from all future claims and demands of any nature resulting from the
performance of the Trail Segment Construction and WSDOT's administration thereof,
subject to any contractor claims caused by the negligent acts or omissions of WSDOT in
administering the Trail Segment Construction.
5.3 The CITY may reasonably withhold its acceptance of the Trail Segment Construction by
submitting written notification to WSDOT within thirty (30) calendar days following
delivery of the Notice. The CITY's notification shall include the reason(s) for withholding
acceptance.
6.0 Right of Entry
6.1 The CITY acknowledges that WSDOT and its authorized agents, contractors,
subcontractors, and employees, will require entry, from time to time, upon Area 1 and
GCB 2890 MITIGATION OF IMPACTS TO SECTION 4(f) PROPERTIES Page 6 of 9
Resolution No. 4342
Area 2 for the purpose of fulfilling its obligations under this Agreement. The CITY
agrees to give reasonable right of entry upon receipt of WSDOT's notice, which shall be
given no less than one week prior to entry.
7.0 RELATIONSHIP TO EXISTING LAWS AND STATUTES
7.1 This Agreement in no way modifies or supersedes existing laws and statutes. In
meeting the commitments encompassed in this Agreement, the Parties will comply with
the requirements of the National Environmental Policy Act, the State Environmental
Policy Act, Growth Management Act, Shoreline Management Act, Section 4(f)
guidelines, permit requirements and conditions, and other applicable State or local laws.
8.0 EFFECTIVE DATE, DURATION, AND AMENDMENT
8.1 This Agreement shall be and continue in full force and effect and binding upon the
Parties upon the execution of the Agreement. The Agreement shall endure until sixty
(60) calendar days after the Parties have completed all of their respective obligations
under Sections 2 and 3 of this Agreement.
8.2 This Agreement may only be amended in writing, and any amendment shall become
effective only when each Party has duly approved a written amendment or addendum to
this Agreement.
9.0 LEGAL RELATIONS
9.1 The provisions of this Agreement shall be administered by WSDOT for the State of
Washington and by the Public Works Department for the CITY, with the CITY's
Community Services Department (as the land manager) supporting the Public Works
Department.
9.2 Notice
Notice to the CITY shall be sent to:
Gregg Zimmerman, Public Works Administrator
1055 Grady Avenue South
Renton, WA 98057
Telephone: 425.430.7311
Email: Gzimmerman@rentonwa.gov
With a copy to:
Leslie Betlach, Parks Planning and Natural Resources Director
1055 Grady Avenue South
Renton, WA 98057
Telephone: 425.430.6619
Email: Lbetlach@rentonwa.gov
Notice to WSDOT shall be sent to:
Sean Quarrie, PE, Project Engineer
600 108th Ave NE, Ste 405
Phone: 425-456-8627
Email: QUARRIS@wsdot.wa.gov
GCB 2890 MITIGATION OF IMPACTS TO SECTION 4(f) PROPERTIES Page 7 of 9
Resolution No. 4342
All communications, including notices, regarding this Agreement shall be sent to the
Parties' representatives at the addresses listed above. Any written notice shall become
effective upon (1) personal service or (2) three business days after the date of mailing by
registered or certified mail and first-class mail, and shall be deemed sufficiently given if
sent to the address stated in this Agreement, or to such other address as may be
specified in writing by a Party. Telephone or e-mail communication, or both, is
encouraged as supplemental notice, but shall not replace the preceding notice
requirements.
9.3 Each Party shall protect and hold harmless the other Party, its officers, officials,
employees, and/or agents from and against all claims, suits, or actions arising from an
intentional or negligent act or omission of that Party, its officers, officials, employees,
and/or agents while performing under the terms of this Agreement. In the event of a
claim for damages of any nature whatsoever arising out of the performance of this
Agreement caused by the concurrent intentional or negligent acts or omissions of the
Parties, their officers, officials, employees, and/or agents, each Party shall provide its
own defense and be liable for damages, costs, fees or other amounts only to the extent
of its individual acts or omissions that are the basis for the imposition of liability or
damages. The provisions of this Section shall survive the termination of this Agreement.
9.4 Any lawsuit or legal action brought by either Party to enforce or interpret this Agreement
or any of its terms or covenants shall be brought in the King County Superior Court for
the State of Washington at the Maleng Regional Justice Center in Kent, King County,
Washington, or its replacement or successor.
10.0 NO THIRD PARTY BENEFITS
10.1 This Agreement is made for the sole benefit of WSDOT and the CITY and not for any
third party's benefit.
11.0 SEVERABILITY
11.1 If any provision of this Agreement or its application to any person or circumstance is held
invalid, the remainder of the provisions and/or the application of the provisions to other
persons or circumstances shall not be affected.
12.0 MISCELLANEOUS
12.1 No separate legal or administrative entity is created under this Agreement.
12.2 No joint financing structure or budget is hereby created under this Agreement.
12.3 No real or personal property will be acquired under this Agreement.
12.4 The Parties agree that this Agreement is the complete expression of the terms hereto
and any oral representations or understandings not incorporated herein are excluded.
12.5 Both Parties recognize that time is of the essence in the performance of the provisions of
this Agreement.
GCB 2890 MITIGATION OF IMPACTS TO SECTION 4(f) PROPERTIES Page 8 of 9
Resolution No. 4342
12.6 Waiver of any default shall not be deemed to be a waiver of any subsequent default.
Waiver of a breach of any provision of the Agreement shall not be deemed to be waiver
of any other or subsequent breach and shall not be construed to be a modification of the
terms of the Agreement unless stated to be such through written approval by the Parties,
which shall be attached to the original Agreement.
12.5 This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same
instrument.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the latest date
written below.
CITY OF RENTON WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION
By (signature):
Denis Law
Mayor
Date:
APPROVED AS TO FORM:
By (print):
By (signature):
City Attorney
Date: Date:
ATTEST:
By (signature):
Jason Seth, City Clerk
Date:
By (signature):
Kim Henry
1-4051SR 167 Program Director
Date.
�
APPROVED AS TO FORM: (?
Q)eoFi,K l� . �&de. 4G
By (print):
y (signature):
Assistant Attorney General
GCB 2890 MITIGATION OF IMPACTS TO SECTION 4(f) PROPERTIES Page 9 of 9
Resolution No. 4342
GCB 2890 Exhibit 1 . �s
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Resolution No. 4342
GCB 2890
EXHIBIT 2
Parcel 1-24345 Property Description
PARCEL A:
That portion of the following described property lying East and Southeast of State Highway
No. 1:
That portion of Government Lot 1 in Section 32, Township 24 North, Range 5 East, W.M., in
King County, Washington, described as follows:
Beginning on the East line of said Government Lot 1, South 01042'13" West 30 feet from the
Northeast corner thereof;
Thence South 01042'13" West 963.80 feet;
Thence North 88048'55" West 644.44 feet;
Thence South 01011'02" West 329.55 feet to a point 11 feet North of the South line of said
Government Lot 1;
Thence North 88048'58" West 20 feet;
Thence North 01011'02" East 151.58 feet;
Thence North 53055'45" West 416.57 feet;
Thence North 77010'30" West 408.2 feet to the Easterly margin of Lake Washington
Boulevard;
Thence North 30056'13" East along said Easterly margin 907.39 feet;
Thence on a curve to the right having a radius of 65.49 feet, distant 68.84 feet to a point 30 feet
South of the North line of said Government Lot 1;
Thence South 88050'10" East 907.54 feet to the Point of Beginning.
Except that portion conveyed to King County for 108th Avenue Southeast by deed recorded
under Recording No. 5700801.
PARCEL B:
That portion of the following described property lying East of State Highway No. 1 as conveyed
to the State of Washington by deed recorded under Recording No. 4673375:
That portion of Government Lot 1 in Section 32, Township 24 North, Range 5 East, W.M., in
King County, Washington, described as follows:
Beginning at a point on the East line of said lot from which the Northeast corner thereof bears
North 01042'13" East a distance of 993.80 feet;
Thence South 01042'13" West along the East line of said lot, 340.55 feet to the Southeast
corner thereof;
Thence along the South line of said lot North 88048'58" West 641.35 feet;
Thence North 1011'02" East 340.55 feet;
Thence South 88048'58" East 641.35 feet to the Point of Beginning.
Excepting therefrom that portion of the above described tract lying South of the following
described lines:
Resolution No. 4342
Beginning at a point 11 feet North of the Southeast corner of the above described tract;
Thence Westerly 559 feet, more or less, to a point which is 13 feet North of the South line of the
tract hereinabove described;
Thence continuing Westerly 82 feet, more or less, to a point on the Westerly line of said tract
distant 11 feet North of the South line of said Government Lot 1.
Also except that portion conveyed to King County for 108th Avenue Southeast by deed
recorded under Recording No. 5700802.
Situate in the County of King, State of Washington.
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RENTON, WASH INGTON
Resolution No. 4342
PART1 GENERAL
1.01 SECTION INCLUDES
A. Protection of Utilities.
B. Temporary Restroom Facility.
C. Temporary Controls: Barriers, fencing, and protection of the Work.
D. Construction Facilities: Staging Area and worker parking.
1.02 PROTECTION OF UTILITIES
A. The Contractor is responsible for location and protection of all existing utilities. The
Contractor shall at his own expense carefully protect from injury trees, landscape, power
and light poles, water lines, conduit, drains, sidewalks, culverts or any other structures and
improvements at no cost to the Owner, and the Contractor shall be liable for any damages
or claims arising from these interferences with said structures.
1.03 TEMPORARY RESTROOM FACILITY
A. Temporary restroom facilities for use during construction operations shall be supplied by
the Contractor.
1.04 BARRIERS
Contractor will coordinate work to eliminate potential conflicts with the public's safety.
Contractor shall erect and maintain all construction barriers and warning signs and other
traffic control devices necessary to warn and protect the public at all times from active
construction site access and injury.
1.05 EROSION AND SEDIMENT CONTROL
A. Set up temporary erosion control facilities as detailed and required to prevent sediments
entering May Creek and the existing storm water system on Lake Washington Boulevard
North.
1.06 CONSTRUCTION FACILITIES
A. Staging area shall be in the temporary construction easement, on the adjacent Hawk's
Landing property, just north of the May Creek Trail project. Access will be off of Lake
Washington Boulevard North through a dropped curb. Contractor shall provide a temporary
chain -link fenced enclosure for security.
GCB 2890
Exhibit 5 Page 4 of 7
Resolution No. 4342
B. Worker's automobiles may be parked in the temporary construction easement. No parking
or any use of the adjacent Hawk's Landing (to the north) outside of the temporary
construction easement will be allowed.
1.07 POLLUTION CONTROL
A. Provide methods, means, and facilities to prevent contamination of soil, water, and
atmosphere from discharge of noxious, toxic substances, and pollutants produced by any
construction operation.
1.08 REMOVAL OF UTILITIES, FACILITIES, AND CONTROLS
A. Remove temporary equipment, facilities, and materials prior to Final Acceptance review.
B. Clean and repair damage caused by installation or use of temporary work.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
GCB 2890
Exhibit 5
Page 5 of 7
Resolution No. 4342
PART 1- GENERAL
1.01 SECTION INCLUDES
General Description of the Work:
Maintain environmental controls by the Contractor until the acceptance of the Work.
The work also includes compliance with all controls or ordinances with respect to safety,
noise, dust, and traffic.
1.02 SITE MAINTENANCE
The Contractor shall keep the work site, staging area, and Contractor's facilities clean
and free from rubbish and debris. Materials and equipment shall be removed from the
site when they are no longer necessary. Upon completion of the work and before final
acceptance, the work site shall be cleared of equipment, unused materials and rubbish
to present a clean and neat appearance in conformance with the present condition of
the site.
Clean-up:
Waste material of any kind shall not be permitted to remain on the site of the work or
the staging area or adjoining property or on the adjacent roadway. Immediately upon
such materials becoming unfit for use in the work, they shall be collected, removed from
the site, and recycled or disposed of by the Contractor.
In the event that waste or recyclable material, refuse, debris, and/or rubbish are not
removed from the work by the Contractor, the City reserves the right to have the waste,
recyclable material, refuse, debris and/or rubbish removed. The expense of the removal
and disposal will be charged to the Contractor.
Construction materials shall be handled with care to prevent entry of contaminants into
storm drains, air, groundwater, surface waters, or soils. The Contractor shall be
responsible for all cleanup costs, fines and/or penalties incurred as a result of improper
handling of materials used to perform the work.
Street and Staging Area Cleaning:
The Contractor shall be responsible for preventing dirt and dust from escaping from
trucks entering or departing the project site by covering dusty loads, washing truck tires
before leaving the site, and/or other reasonable methods.
When working dump trucks and/or other equipment are on paved streets and
roadways, the Contractor will be required to clean said streets if required by the City at
the conclusion of each day's operations.
In the event that the above requirements are violated and no action is taken by the
Contractor after notification of infraction by the City, the City reserves the right to have
GCB 2890
Exhibit 5 Page 6 of 7
Resolution No. 4342
the streets in question cleaned by others and the expense of the operation will be
charged to the Contractor.
NOISE CONTROL
Construction involving noisy operations, including starting and warming up of
equipment, shall be in compliance with local noise ordinances. Noisy operations shall be
scheduled to minimize their duration. The Contractor shall comply with all local controls
and noise level rules, regulations and ordinances that apply to any work performed
pursuant to the Contract.
TREE AND PLANT PROTECTION
The Contractor shall carefully protect trees and vegetation in all areas within the site
designated on the plans and all areas outside of the boundaries of the project site from
damage by construction activities. If trees or vegetation are damaged or destroyed by
construction, the Contractor shall replace them with the same species as required by
the Owner, at no cost to the City.
PART 2 PRODUCTS
Not used.
PART 3 EXECUTION
Not used.
END OF SECTION
GCB 2890 Page 7 of 7
Exhibit 5
Resolution No. 4342
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Task Fee
Project Management $ 8,800.00
Data Collection $ 18,000.00
Preliminary Design $ 47,000.00
Permitting/Support Documentation $ 43,000.00
Direct Expenses/Subconsultant $ 3,500.00
Addendum with Boardwalk, Geotech Report, and Variance $ 40,000.00
Subtotal: $ 160,300.00
Position Hourly Rate Hours Total Cost
Associate Planner $64.38 40 $ 2,575.20
Current Planning Manager $87.83 16 $ 1,405.28
Subtotal: $3,980.48
Land Use Permit
Shoreline Substantial Development
Shoreline Variance (with addendum)
Technology Fee (5%)
Fee
$
2,500.00
$
3,000.00
$
275.00
Subtotal: $
5,775.00
PROJECT TOTAL: $ 170,055.48
GCB 2890 Page 1 of 1
Exhibit 6