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HomeMy WebLinkAboutContractCAG -18-090 GCB 2890 INTERLOCAL AGREEMENT BETWEEN THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF RENTON FOR MITIGATION OF IMPACTS TO SECTION 4(1) 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 V 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. ' Exhibit 1 was referred to as "Attachment 1" in the Parties' letter of intent discussed below. GCB 2890 Page 1 of 9 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.z 8. A Section 4(f) temporary occupancy requires compliance with processes specified by federal regulatory guidelines codified at 23 C.F.R. § 774. 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, 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(0. 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. 2 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 9 018)) 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 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 2.2.1 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). 2.2.4 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 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. 6.0 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 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(0 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 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 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. Y OF RENTO WAS NGTON STATE Xy(signWature): SPORTATION y (signature): Denis Law Kim Henry Mayor I-4051SR 167 Program Director Date: -5-12 1/S--- APPROVED AS TO FORM: By (print):Gtiv�2 By (signatogf�/� City Attorney Date: Date: ATT ST: (s, nature): ason Seth, City Clerk Date: g s��; Date: .4 %a3/,� APPROVED AS TO FORM: By (print): y (signature): Assistant Attorney General GCB 2890 MITIGATION OF IMPACTS TO SECTION 4(f) PROPERTIES Page 9 of 9 * SEAL Date: .4 %a3/,� APPROVED AS TO FORM: By (print): y (signature): Assistant Attorney General GCB 2890 MITIGATION OF IMPACTS TO SECTION 4(f) PROPERTIES Page 9 of 9 GCB 2890 Exhibit ttGv nnaa rL LEGEND ¢ LJ RIGHT -OF -WAV TAKE z REMAINDER AREA 4' /i SCALE 1N FEET �- 125 COGO POINT LD 1 j *rv'ca ales csed PARCEL NUMBER it CITY Of RENTON -- _ *lP. 45225 _ 2]6905 ]gyp (( NAME _ CALC'D AREA CTAL AREA RhN LT REMAINDER RT, EASM'T U 1-24345 AiLOL AI0 A MFRS ONONM WEssms SQUAB FEET RECORDS - OWNERSHIP 0.EMNfgE0. IS BASED ON TOTAL ME,1 AND PAN TAKE (NOT CALCD AREA) rL LEGEND ¢ LJ RIGHT -OF -WAV TAKE z REMAINDER AREA 4' EASEMENT AREA �- 125 COGO POINT LD 1 j 142315 PARCEL NUMBER SR 405 RENTON TO BELLEVUE EXPRESS TOLL LANES SHEET PARCEL N0. 1-24345 OF 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 01'42'13" West 30 feet from the Northeast corner thereof; Thence South 01'42'13" 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 30°56'13" 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 01'42'13" East a distance of 993.80 feet; Thence South 01 042'13" 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 88°48'58" West 641.35 feet; Thence North 1°11'02" 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: GCB 2890 Page 1 of 2 Exhibit 2 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. r,nR 2,ggn Panp 9 of 9 r__ V 530"54'19:1 "W 4-302 42 0 cr S m �P S f_ c' 4LJ. __ C 1-24496 -� 4220 —� s 00 ;4223 ° j� GCB 2890 EXHIBIT 3 KEY MAP -- a s: o mo zoa �. SCALE IN FEET _ N� N 40TH ST ( 11 II I I{ 1 I I I III I II I I II) I III I II 1 I I III I I I I I I I I I I f I I I i III I CITY OF RENTON 357352 357673 x z 48- NAME CALCD AREA TOTAL AREA RNJ T REMn u_ A EASM'T OTAL AREA IS FROM ASSESSOR'S RECORDS OWNERSHIP REMAINDER IS BASED ON TOTAL ARE, EA ALL ARS ARE SHOWN IN SQUARE FEET AND RAV TAKE (NOT CALC'D AREA) 11 N 30TH ST 1.24496 LEGEND Ci i O RIGHT-OF-WAY TAKE J Q REMAINDER AREA 311 EASEMENT AREA r¢ 125 COGO POINT I.D. I i1 1-72345 PARCEL NUMBER SR 405 RENTON TO BELLEVUE EXPRESS TOLL LANES PARCEL N0. 1-24496 CE C n Z F- j+ fitl tiQ R Nz au <n enn000 I I i. i g.cq;$ga ge,g5 :igg"s_„ mg ma sgm -g£3 qp€p€3 Via• 4 9"�'y BV'. m:C 6R:� �„_ H y 6� f�• m R d.RIM a'i M •8y�_8 8 8 a Ix E li x�w a � a 3 Riva �^ t Nj� s Ix E li x�w a �ay�ay4 4 e a gpl°a's€R Faa"a 494 9 �y 9 Yt �$D° � q3 alas 53e .FRS S INN! Aga 5` a Gff3 S F a9 � 2�• Q s a gv 10.4 idZy� P ° 49 a g U DODO ii 1011 EXHIBIT 5 - CONCEPTUAL TRAIL PLANS GCB2890 Legend Page 1 of 7 Exhibit 5 Conceptual Trail Alignment - - - - - - - N CD CDN O_ m� IX IN A to c to C O O r I m y I m;r �mm DA I o i m� A m N O A x m O Z A O % O o 0 Z F Z A A A m C p r O Z m z O AO Mn A O y % bo Z .A.m 0 O A O A o m z A O A W m I �y m N y LJ C i r O m I v m m Z D m ti A Z O A m m D n A m o m w N m a A �;y" m f N O m A o K C p x yxx. O DA 2 O m r no _y N D n A 2 m N x O m Z 2 N Z ;a 00 0 ac" ,N2 AAw O >N y y O O O mm N r NC O O m T ^ m;r �mm DA Dn m m Ly / 0 •i m� A m N O A x m O Z A O % O o 0 Z F Z A A A O m Om CD .A.m O m o m z 0 A m �y m wva i r O m C O A r D 2 O m f N O m K Z O Oy O v _y W Z O N Z - !) ■ p / 2K %)(» d : % °nv \N.(\m \ § � \ " \� w !) ■ p / ! ,§qr\p |DAVID EVANS ____7 MAY CREEK TRAt d $°� % °nv 4 MOE \ § \� w ! ,§qr\p |DAVID EVANS ____7 MAY CREEK TRAt 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. n1 rnn — rnnctmrtinn Fnri I itipc nnrl Tam nnrnry rnntrnk - Paap 1 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 it .R gR9fl n1 Sof) —rnnctnirtinn Fari l itipc and Tam nnran rnntrnlc- Paop 7 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 r+r%m lforl/1 n1 ;Fn— Fn VlYnnm Pntal rnntrnlc - PAPP 1 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. PART2 PRODUCTS Not used. PART 3 EXECUTION Not used. END OF SECTION n1 SFn— Fnvirnnmantni r'nntrnk - Paca 7 EXHIBIT 6 - Estimate of Cost - GCB 2890 Otak Fees 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 City of Renton Staff Costs 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 Permitting Fees Land Use Permit Fee Shoreline Substantial Development $ 2,500.00 Shoreline Variance (with addendum) $ 3,000.00 Technology Fee (5%) $ 275.00 Subtotal: $ 5,775.00 PROJECT TOTAL: $ 170,055.48 CB 2890 Page 1 of 1 xhibit 6