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HomeMy WebLinkAboutSWP273531 (7)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 and 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. 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 Failure to return the contracts within this timeline may result in your contract offer being withdrawn.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.pwb.wa.gov 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 1.20. RECAPTURE PROVISION........................................................................................9 1.21. REDUCTION IN FUNDS...........................................................................................9 1.22. REAPPROPRIATION................................................................................................9 Part2. GENERAL TERMS AND CONDITIONS......................................................................10 2.1. DEFINITIONS.......................................................................................................... 2.2. ALLOWABLE COSTS.............................................................................................. 2.3. ALL WRITINGS CONTAINED HEREIN.................................................................. 2.4. AMENDMENTS....................................................................................................... 2.5. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO REFERRED TO AS THE "ADA" 28 CFR PART 35...................................... 2.6. APPROVAL...................................................................................................:.......... 2.7. ASSIGNMENT......................................................................................................... 2.8. ATTORNEYS' FEES................................................................................................ 2.9. AUDIT...................................................................................................................... 2.10. CODE REQUIREMENTS........................................................................................ 2.11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION .................................. 2.12. CONFORMANCE.................................................................................................... 2.13. COPYRIGHT PROVISIONS.................................................................................... 2.14. DISALLOWED COSTS............................................................................................ 2.15. DISPUTES............................................................................................................... 2.16. DUPLICATE PAYMENT.......................................................................................... 2.17. ETHICS/CONFLICTS OF INTEREST..................................................................... 10 10 10 10 10 10 10 11 11 12 12 13 13 13 13 14 14 City of Renton Page i Table of Contents LG09-951-121 12/21/2009 2009-2011 Direct -Appropriation 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: Z 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 # 13. DUNS # 916001271 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 7ih Day of December, 2009 Rob McKenna Date Attorney General Signature on File Kathryn Wyatt Assistant Attorney General City of Renton Page 1 Contract Face Sheet LG09-951-121 1212l/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 k 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 12/21/2009 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 Policy. 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 12/21/2009 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 Terms and Conditions LG09-951-121 12121/2009 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 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) 41155.030, 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 HERE 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 12,2112009 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 c. 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 12/21/2009 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 1212112009 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 43.21 C 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 LG09-951-121 121/21r2009 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 12/21/2009 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 122112009 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 Page 20 Attachment I: Project Scope of Work LG09-951-121 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 Page 21 Attachment I: Project Scope of Work LG09-951-121 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 Type of Funding This Direct -Appropriation Grant Grants Grant #1 Grant #2 Grant #3 Total Grants Loans Loan #1 Loan #2 Loan #3 Total Loans Contractor: City of Renton Contract Number: LG09-951-121 Funding Source Amount Washington State Public Works Board $1,700,000.00 Local Revenue Local Revenue #1 City of Renton Surface Water Utility Local Revenue #2 Local Revenue #3 Total Local Revenue r Funds Other Funds #1 Other Funds #2 Total Other Funds TOTAL PROJECT FUNDING $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $100,000.00 $0.00 $0.00 $100,000.00 $0.00 $0.00 $0.00 $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 II: 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 Cultural & Historical Resources Review (Section 106 or EO 05-05) Environmental Review [Land/Right-of-Way Acquisition _ ^^ Permits Public Involvement/Information Bid Documents Construction Other: Survey Other: Legal & Real Estate Fees, Title Reports, Appraisals Other: Stormwater - design plans, specification, permit costs Other: Water Line - design engineering, plans, specifications Other: Other: TOTAL ESTIMATED PROJECT COSTS Amount $0.00 $5,000.00 $250,000.00 $0.00 $0.00 $0.00 $1,200,000.00 $10,000.00 $29,000.00 $240,000.00 $60,000.00 $0.00 $0.00 $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 Page 25 Attachment IV: Prevailing Wages Certification LG09-951-121 12/21/2009 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 APPLICABLENAME ...��6EEe-exempt project) DATE City of Renton Page 26 Attachment V: LEED Certification LG09-951-121 12/21/2009 2009-2011 Direct -Appropriation Contract J Z40 q Washington State Public Works Board 906 Columbia Street SW Post Office Box 48319 Olympia, Washington 98504-8319 www.pwb.wa.gov 2009-2011 Grant Programs Direct -Appropriation Projects Contract Readiness Survey Project Title: Renton Hawks Landing Grant Amount: $1 700 000 Instructions: Before you can receive grant funds, a contract will need to be executed between you (Grantee) and the Public Works Board (Board). Contract development generally takes two to three weeks once you have met our requirements. Please follow these steps to get the contracting process started: 1. Completely fill out the survey questions by typing your responses in the electronic version of this form; 2. Have the Grantee Certification (last page) signed by the person authorized to sign contracts for your organization; 3. Attach documentation for committed funds (copies of award letters, council appropriations, etc.), if applicable; 4. Fill out and have the LEED Certification Declaration form (attached) signed by both your architect (if applicable) and the person authorized to sign contracts; 5. Attach a copy of the project request form/packet that you submitted to legislature; 6. Attach a completed W-9 form (download form at www.irs.gov/pub/irs-pdf/fw9.pdf); 7. Compile and mail these documents to the address above, Attention Corina Grigoras. If you have any questions or need additional information, please contact Corina Grigoras at (360) 725-3160 or email her at Corina.Grigoras@pwb.wa.gov. Thank you for your assistance in making this contract -writing process as quick and easy as possible! SECTION 1. GENERAL INFORMATION 1.1 Grantee (Complete Legal Name) 1.2 Type of Organization 1.3 Municipal Corporation Agency # (MCAG) 1.4 Federal Tax ID # 1.5 project Street Address 1.6 Project Mailing Address 1.7 County 1.8 Project GPS Coordinates (approximate center of where you will be working) 1.9 Current Population within Jurisdiction 1.10 Legislative District 1.11 Congressional District 1.12 Which legislator(s) took the lead in introducing your appropriation? 1.13 Authorized Person to Sign Contract Mailing Address (if different from project mailing address above) Telephone Fax Email 1.14 Person Administering the Grant (once contract is signed) Mailing Address (if different from project mailing address above) Telephone Fax Email City of Renton ® Publicly -Owned ❑ Private Non -Profit ❑ Tribal 0 4 2 8 http://www.pwb.wa.gov/macg_listing.asp 9 1- 6 0 0 1 2 7 1 4350 Lake Washington Boulevard North, Renton, WA 98056-1545 1055 S Grady Way, 6th Floor, Renton, WA 98055- King Latitude (e.g., 45.3530) Longitude (e.g., 120.4510) 47.0000-120.8333 83,650 Population Affected by This Project 83,650 41 st District 8th Congressional District Rep. Marcie Maxwell, Senator Margarita Prentice Mayor Denis Law , ,WA - (425) 430-6591 (425) 430-7300 sdaleestey@rentonwa.gov Suzanne Dale Estey , ,WA - (206) 430-6591 (206) 430-7300 sdaleestey@rentonwa.gov Public Works Board 2009-2011 Grant Programs Page 1 Direct -Appropriation Projects —Contract Readiness Survey Public Works Board 2009-2011 Grant Programs Page 2 Direct -Appropriation Projects —Contract Readiness Survey SECTION 2. PROJECT INFORMATION PROJECT DESCRIPTION 2.1 Please describe the project to be completed and its anticipated public benefit. The Exit 7 Area Improvements Project/Hawks Landing Mixed Use Development is a proposed redevelopment of approximately 7.8 acres that has for decades been used as industrial land and warehouse space. Most recently it has been the site of Pan Abode Cedar Homes' manufacturing facility. The Exit 7 area is a gateway to the City of Renton and the current industrial land use detracts from Renton's vision of high -density, urban development. Additionally, the Hawks Landing development is across the street from Quendall Terminals, a contaminated 23-acre former industrial waste dumping grounds where creosote and coal tar were manufactured on the shores of Lake Washington between 1917-1969. This final of three major redevelopment areas at Port Quendall is a federal Environmental Protection Agency Superfund site. It is hoped that the Hawks Landing development will help stimulate the clean up and redevelopment of this large waterfront property. The Exit 7 Improvements area is also adjacent to May Creek, a Class 1 salmon -bearing stream. The State's investment will support environmentally sensitive infrastructure improvements that may not otherwise occur, enhacing the health of the creek by minimizing impacts and creating opportunities for public enjoyment. The state investments in the Exit 7 Area Improvements Project would fund a series of 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 for major office location/relocation decisions: City water line extension on Lake Washington Boulevard: In order to provide the needed fire protection to the proposed Exit 7 Area Improvements, including the Hawks Landing Project, an extension of approximately 1,250 feet of 12-inch diameter City water main will need to be installed within Lake Washington Boulevard, since there is currently no water line within this portion of the roadway. This state funding would help pay for the water line extension, at an estimated cost of approximately $500,000 or about $400 per linear foot. Extension of May Creek Trail: State funding would assist with the development of a soft surface trail along May Creek, at the southern boundary of the Hawks Landing development. The May Creek Trail would create a connection from Lake Washington to Cougar Mountain, a regional trail that will also connect Lake Washington to the Mountain to Sound Greenway System. Approximately 1,000 linear feet of trail could be developed for approximately $300,000, including design, mitigation, and permits. Property acquisition is estimated at an additional $500,000, and may not be fully covered by this grant, so the City will pursue other public intergovernmental and private funding as needed. Stor �rainage system along Lake Washington Boulevard: State funding would assist in the cons tr ction of storm system improvements to retrofit Lake Washington Blvd. to provide storm water'flow control and water quality treatment for the existing roadway, as part of the project frontage improvements. This will help to protect water quality, fish habitat in May Creek and reduce the potential for downstream flooding. The funding would also be used to install porous concrete sidewalks (a low impact development feature), curb, and gutter south of the Hawk's Landing Phase 1 development frontage. The public improvements would include construction of approximately 1,000 linear feet of a storm Trunk -line system,' Pate catch basin ..t.' i. r ... collection system P lopment_frontage, and the construction of a combined flow control and water quality treatment facility thatfras an OL Public Works Board 2009-2011 Grant Programs Page 3 Direct -Appropriation Projects —Contract Readiness Survey ►t \ AJ esti rage a located for public runoff. The Hawk's Landing frontdge improvements will be privately funded and constructed for their portions of work including the curb, gutter, dry utilities conduits and sidewalk. The estimated public share of the storm improvements is $700,000. 2) Public benefit of the project: The public will benefit from the continued redevelopment of this area and this significant gateway to Renton. Over 2,500 high wage jobs could be created in the mixed use development and increased revenue would be generated that could be reinvested in to the State as well as the Renton community for public services such as Police and Parks. The May Creek Trail connection from Lake Washington to Cougar Mountain, a regional trail that will also connect Lake Washington to the Mountain to Sound Greenway system, would also provide tremendous public benefit for the entire region. 2.2 Is this project part of a larger, phased project? If YES, explain how this phase fits in the ® YES ❑ NO overall project. The first phase of the Hawks Landing project is a 173 room, five -story hotel with full -service restaurant, spa and retail amenities that is privately funded and will be branded to capitalize on its proximity to the Seattle Seahawks' new headquarters and training facility on Lake Washington. The Seahawks are anticipating completion of the hotel by June 2011 in order to accommodate their summer training camp, so construction of the hotel is expected to begin in early 2010. This State investment will help serve as a catalyst for the second and future phases of the Hawks Landing development which might not otherwise occur in the near future, including a high -density, mixed -use retail and professional office complex. SITE CONTROL 2.3 Do you have control of the project site either through ownership or through a long-term lease (at least 15 years)? If NO, please explain and include the date you expect to have ® YES ® NO met this condition. IMPORTANT: Site control is required before we can begin writing the contract. The majority of this work, including the water extension and storm system improvements, is in the public right of way. A portion of the funding will be used to begin acquiring the property for the May Creek Train connector, for which we do not currently have site control. GOVERNOR EXECUTIVE ORDER 05.05 (EO 05-05) CULTURAL & HISTORICAL RESOURCES REVIEW (OR SECTION 106) 2.4 Does you project involve land acquisition, right-of-way, ground disturbance, or construction or rehabilitation of a building? If YES and your project includes only state and local funds, you will need to go through the EO 05-05 review process. If YES and your project includes federal funds, you will need to go through the Section ® YES ❑ NO 106 review process. EO 05-05 will not be sufficient. If NO, please explain. IMPORTANT: If EO 05-05 (or Section 106) applies to your Project, you will need to complete this review before we can execute the contract. ' The EO 05-05 requires recipients of state funds to consult with interested parties, i.e., Department of Archaeology and Historic Preservation, and Indian Tribes, prior to starting project construction. If your project funding includes federal funds, Section 106 (National Historic Preservation Act) will be required, which supersedes the EO 05-05 review. These consultations should take place as early as possible in order to avoid delays in starting your project. If you have questions regarding the cultural and historic resources process, please contact Stephen Dunk at (360) 725-3157 or email him at Stephen. Dunk(abpwb.wa.gov. Public Works Board 2009-2011 Grant Programs Page 4 Direct -Appropriation Projects —Contract Readiness Survey LEED (LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN) CERTIFICATION 2.5 Does your project include construction or renovation of a building or facility? ® YES ❑ NO If YES, indicate if you entered the LEED certification process with the goal of your facility obtaining the silver standard. IMPORTANT: As part of your contracting process, you are required to complete a LEED Certification Declaration form (attached). 2 The project developer intends to create a project that is a model of energy efficiency and intends to exceed LEED silver standards. The site development will include the application of Low Impact Development standards. SCOPE OF WORK 2.6 Describe all the activities and deliverables needed to accomplish this project. IMPORTANT: Provide a description of each activity along with the estimated start and end dates. Your Scope of Work must correspond with your Project Cost categories and will become part of your contract. Project managers - please fill in with high-level information -- Water line extension: May Creek Trail connector: Storm drainage system: The purpose of the public storm drainage system upgrade along Lake Washington Boulevard near Exit 7 on Interstate-405 is to improve water quality and detentic7n _ along public portions of Lake Washington Boulevard fronting the 15` 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 and detention treatment facility for treating public runoff would be constructed. The design and construction of the City storm and sidewalk extension shall be coordinated with the private Hawk's Landing project improvements. Project tasks include surveying, geo-technical investigations, a wetlands and habitat report, utility potholing, hydrologic and hydraulic analysis, permitting, preliminary design, final design' -plans, specifications, bidding, construction, and construction inspections. The following is the anticipated schedule: • ea E-xamiiter-y , 009. •-C+ty Council approva1�yersd orz099.-y - • Submit consultant scope of work for Council approval by end oil ember 200 • Produce plans, specifications and bid documents with permits 6y end of April 2010. • Award bid by mid June 2010. • Start construction by early to mid July 2010. • Complete construction by end of October 2010. 6*1)J^C_� 4ul+L "`- r• ��� We ..+ G)C� -Dl'i� ��+.)�in n,�_,A 2 LEED is a certification program run by the U.S. Green Building Council. In 2005 the Washington State Legislature passed a law requiring all capital projects grant recipients to comply with the LEED standards (RCW 39.35D). The goal is for major construction or renovation projects receiving state funds to be built to the LEED silver standard where "practicable." Projects that fall under certain facility types and projects demonstrating that it would not "be practicable" to meet the LEED silver standard may qualify for a LEED exemption. Please refer to the attached LEED Certification Declaration form for more details. Public Works Board 2009-2011 Grant Programs Page 5 Direct -Appropriation Projects --Contract Readiness Survey PROJECT COSTS 2.7 Complete the Project Costs table below. A list of eligible and ineligible costs is attached at the end of this survey. IMPORTANT: Your Total Project Costs must equal your Total Funding in Question 2.8. The cost categories must correspond with the activities listed on your Scope of Work. The Project Cost table will become part of your contract. Please note that this is a reimbursement grant; only costs incurred after May 15, 2009, will Cultural and Historical Resources Review (Executive Order 05-05, Section 106) Environmental Review Land/Right-of-Way Acquisition Perm its Public Involvement/Information Bid Documents Construction Other: Other: Other: Other: Other: Other: Public Works Board 2009-2011 Grant Programs Page 6 Direct -Appropriation Projects —Contract Readiness Survey PROJECT FUNDING 2.8 Complete the table below listing the amounts and funding sources for this project. State the status of your funding sources as follows: ■ Committed: funds are considered committed if a formal notice of approval for the funds is in place from the funding source Local Revenue must be in an approved budget or be appropriated by your council or commission to be considered committed. Attach documentation such as copies of award letters, council appropriations, etc. ■ In -Hand: funds are considered in -hand if you have already received the funds. IMPORTANT: Your Total Project Funding must equal your Total Project Costs in Question 2.7. The Project Funding table will become part of your contract. You are required to have full funding for your project (or project phase) by either having the funds in -hand or by showinq that the funds are committed. This Direct -Appropriation Grant Public Works Board $1,700,000 Committed Other Grants (State/Federal Agency or Organization) Other Grant #1 Other Grant #2 Other Grant #3 Total Other Grants Loans (State/Federal, Private Agency or Organization) Loan #1 Loan #2 Loan #3 Total Loans Local Revenue (Rates, General Fund, Levies, Reserves, Assessments, Appropriations, etc.) Local Revenue #1 Local Revenue #2 Local Revenue #3 Total Local Revenue Other Funds Other Funds #1 Other Funds #2 Total Local Revenue PROJECT PERFORMANCE MEASURES 2.9 List the performance measures that best describe the benefit of your project. Explain how this project is expected to expand or improve the services you provide. IMPORTANT: These performance measures will become part of your contract. The performance measures must correspond with your Project Scope and will be the standard to which we will measure your project's progress. Improved fire flow and enhanced fire protection as a result of water line extension. Linear feet placed in public ownership for May Creek Trail connection. Feet of porpus concrete sidewalk that is built along Lake Washington Boulevard. Public Works Board 2009-2011 Grant Programs Page 7 Direct -Appropriation Projects —Contract Readiness Survey PROJECT COMPLETION 2.10 If the overall project will not be completed when these grant funds are used, describe: a. The tangible asset that will be provided to the public upon this phase of project completion (the portion funded by this grant); and b. The phases and schedule for completion of the overall project. We will endeavor to complete the May Creek Trail connection with the use of these funds and other potentially leveraged funds. However, if completion is not possible, we will have designed the trail and acquired at least a majority of the property needed to complete the trail. ......... _.. Public Works Board 2009-2011 Grant Programs Page 8 Direct -Appropriation Projects —Contract Readiness Survey GRANTEE CERTIFICATION The Grantee certifies that: ■ The information and financial data provided in this document are true and correct to the best of their belief and knowledge and it is understood that Public Works Board staff may independently verify information, and that the discovery of incomplete, false, and/or misleading information is grounds for withholding awarded funds or termination of grant contract; ■ Records supporting the information provided in this document are on file and will be made available by the Grantee upon request; ■ There are no outstanding liens against this project; ■ There is currently no litigation in existence seeking to enjoin the commencement or completion of the above -described project; and ■ The Grantee intends to enter into a grant contract with the Public Works Board, provided that the terms and conditions for a Public Works Board grant are satisfactory to both parties. Signed: Name: Title: Phone Number: Date: Attest: Public Works Board 2009-2011 Grant Programs Page 9 Direct -Appropriation Projects --Contract Readiness Survey Eligible Costs Capital Budget funds may generally be used to pay for the following project expenses incurred as far back as May 15, 2009: ■ design, architectural, and engineering work; • building permits/fees; ■ archeological/historical review; ■ construction labor and materials; ■ demolition/site preparation; ■ capitalized equipment; ■ information technology infrastructure (cables and wiring); ■ construction management and observation (from external sources only)*; ■ initial furnishings**; ■ landscaping; ■ real property when purchased specifically for the project, and associated costs.*** Ineligible Costs The following costs are not eligible for reimbursement under this program: ■ internal administrative activities; ■ project management (from any sources); ■ fundraising activities; ■ feasibility studies; • computers or office equipment; ■ rolling stock (such as vehicles); ■ lease payments for rental of equipment or facilities; ■ mortgages and property leases (including long-term); • the moving of equipment, furniture, etc., between facilities. * Construction management and observation, for the purpose of this program, is defined as on -site management and/or supervision of the work site and workers thereon. Construction management does not include work typically performed by off -site consultants or consultant organizations, grant writers, project managers, or employees of the grantee, unless the employee is hired solely and specifically to perform on -site construction management as defined above. ** Furnishings and equipment are considered eligible project costs as long as the average useful life of the item purchased is 13 years or more. *** Costs directly associated with property acquisition include appraisal fees, title opinions, surveying fees, real estate fees, title transfer taxes, easements of record, and legal expenses. AGENDA: Exit 7 — Lake Washington Boulevard Infrastructure Improvement Project (@Hawks Landing) When: Monday, August 31, 2009 11:00 AM-12:00 PM (GMT-08:00) Pacific Time (US & Canada). Where: 6th Floor Conference Room 620, City of Renton City Hall A. INTRODUCTIONS a. Project Team Members for City and Hawks Landing (HL) b. Project Overview B. COORDINATION a. City infrastructure limits of construction. • Water • Storm • Trail — Sidewalk (City and HL) b. Hawks Landing Development. • Relocation of WSDOT easement and pipe by developer • 1-405 MapT assistance via City ( ' "sI-&{- A NL J C. Information Exchange (if City does not currently have the data). a. Base -map and proposed storm, sewer, water, street/road layout b. Alta Survey -* 1 � I $L.,SV&7r Pr .1111a c. On -site Geotechnical Report , �{,'/ C, -10- d. Wetlands and Habitat Report ,q �/SWFYk JeSL - e. Traffic Report �j _ '9W-1 D. Schedule / Construction Coordination. a. City schedule b. Developer schedule of anticipated activities E. Next steps / Action Items. / *� �i NL� - �Fe�•..-.! . J - Ley C""' ' (6'- "Y( V6aK , ~ 1 � d' - Meeting Attendee List: Project: Exit 7 - Lake Washington Boulevard Infrastructure Improvement Project (@ Hawks Landing) Meeting Location: City of Renton, Room V1 Date: August 31, 2009 0 ORGANIZATION •EMAIL ADDRESS- , II1 y�i '1 •- 1 r 1 i , Vi- I� -li COBS Contract Number (Assigned by FINANCE) eRouter N. �[�r ing Numbers MHSE-5M6P6U `:•Contract 'Dep%"'= _;,'Engineering Contract With: S6tltfd�FF7�aetoprrierTC l 41odification of Contract # Name/Project # ask Order, EW-88 Kearny Rd. Mod. Name/Project # Termination Date If Contract is Extended, F— New Termination Date: Certificate of Attached 0 Waived 0 NIA Insurance Is i 0-6r; required? O No O Yes Exhibits Attached: 0 Yes 0 No Special Instructions; 'Signed by Dick McKinley 430103. Original sent to Linda Killham for distribution and copies. L 1 T Distribution: Original - Attach to Contract, Copy: Return to Originating Dept. �— Modification of Contract - Attach Copy of Original Contract to Physical document Approval Cycle Settings Approval conditions: Routing method 2 Allow Approver comments Automatically Delegate to Assistant... U-1i Automatically Skip Approvers... Days until skipped/delegated Notification Access 100 % approval Serial (one at a time) Linda L Kiilham1pw1cob Marc L Hagen/finance/cob Yes 0 Yes 0 No Yes 0 No Cycle SCA�1NE[J 409.,� -- 0/151,4 TASK ORDER SERVICES Date: April 15, 2003 Department/Division: Public Works/Engineering Contractor Name and Address: Sound Development 160 Cascade Place, Suite 206 Bulington, WA 98233 Scope of Work: Perform professional engineering services related to Kearny Road Water and Sewer Extention (EW-88) per the attached proposal dated April 15, 2003. On -Call Services Agreement # 2002-0114 between the City and the undersigned contractors dated March 26, 2002, is hereby incorporated by this reference. Payment Terms (including amount payable and method of determining fees): Payment shall be on a time and expense basis as shown in the attached exhibit. The maximum payment for this work shall be $34,425. ® Insurance Certificate attached naming the City of Bellingham additional insured. (Please check box and attach certificate.) Print Name: Sign Name: Kirk Christensen PE �✓ / Project Manager Pat Severin PE /)A Contractor Dick McKinley Department Head Task Order Sound Development Group.doc City of Bellingham Project EW88 James Street Water and Sewer to Kearney Road Reservoir Site Design Scope of Work Overall Scope Water, sewer, and overlay improvements on James Street, north of Bakerview Road, located in Whatcom County, Section 7, Township 38, Range 3 East, Willamette Meridian. These improvements will include approximately 1,950 lineal feet of 30-inch watermain, 2,800 lineal feet of 8-inch sanitary sewer main, and 1,150 lineal feet of James Street asphalt overlay and shoulder widening. The waterline will extend from the existing water tank location, north along James Street, through the proposed Spring Creek Meadows Plat, crossing an unplatted parcel north of the plat, to the proposed future water tank site. The sanitary sewer will connect to the existing sewer manhole just north of the James Street/Bakerview Road Intersection, and continue north, following the route of the proposed waterline. The road improvements will extend from the existing end of widened James street, just north of the James Street/Bakerview Road intersection, and continue north to the south line of the proposed Spring Creek Meadows Plat. These improvements will not include any sanitary sewer or water improvements to the existing residential properties that border James Street. Phase 1 — Preliminary Desictn (to 90%) — Completion Date: June 2nd 1. Surveying Research: Search city, county and state DNR records for surveys along James Street to establish Right of Way lines and Section control for the subsequent Topographic survey. 2. Surveying Calculations: Compile the above information and compute the position of right of way and Section lines as well as checking of the field information after field data collection. 3. Topographic Survey: Collect field information for the location of improvements and utilities along James Street as well as other information pertinent for the final mapping of contours and improvements. Prepare a 20-scale map with contours, improvements and utility locations shown thereon. 4. Field Map Check; Walk the site in the field with the final map to verify that no pertinent information has been overlooked in the preparation of the above map. nA 1Snrt7n(1��9 �9-Rflf;-p3 rity of Beltinaham . James Street Sewer & Waterldoes0eslpn scope of work.doc miar la u i iu: a /a L.asclluke rr'u L.l.i 6. Project Coordination a. Coordinate with City design engineer. b. Coordinate with Whatcom County (Roger McCarthy). c. Coordinate Spring Creek Developer/Contractor. 7. Meeting with City Staff (2) a. Meet with city staff to review design. b. Meet with city to finalize plans. 8. Utility Coordination a. Coordinate with Cascade Natural Gas. b. Coordinate with City Utilities- 9. Title Block/Cover Sheet a. Provide cover sheet with all relevant contacts, an approximate construction schedule, index and table of contents; provide all sheet title blocks. 10. Preliminary Design/Plan and Profiles a. Setup plan and profile blocks. b. Provide Plan and profile of existing James Street Road with proposed 2-1/2" asphalt overlay and 4' gravel shoulder improvements. 11. Preliminary Waterline Design a. Provide plan and profile view of proposed 30" waterline design, extending from the existing water tank site to the proposed Kearney Road Reservoir tank site. 12. Preliminary Sewer Design a. Provide plan and profile view of proposed sanitary sewer design, extending from the existing sanitary sewer manhole just north of the James Street/Bakerview Road intersection to the proposed Kearney Road Reservoir tank site. 13. Preliminary Roadway/Route Design a. Create roadway alignments, water and sewer alignments. 14. Roadway Sections — Vicinity and Sheet Setup a. Provide all roadway section details, vicinity map, and project plan set sheet setup. MASDG120031132-SDG-03 City of Bellingham -James Street Sewer & WatertdocsWesign scope of work.doc r1Nf' 1'J uJ lU:old Ua_`SOaUt- rrp l.UC tooui-ru-t—cuun f•+.-f Phase 2 — Final Design (90% to Final — Completion Date: June 20th 1. Final Waterline Design a. Finalize waterline design from the City's review comments. 2. Final Sewer Design a. Finalize sanitary sewer design from the City's review comments. 3, Project Details a. Provide all required project details and utility path cross sections. 4. Specifications/Review a. Review and City provided project specifications. 5, Quantity Calculation/Bid Sheet a. Provide quantity calculations with bid sheet, Phase 3 — Final Surveying — Completion Date: As Construction Proceeds 1. As -built Survey: Field locate the improvements to ascertain their location in comparison to the design location, 2. Construction Staking: Provide construction staking on the following items: a. Sewer staking: set 2 offsets each for the planned 14 manholes and 18 stubs, cut sheets will be provided. No line points are anticipated for the sewer staking. b. Waterline: set one offset each for the planned 9 angle points and two offsets each for the two blow -off assemblies and two air -vac release. Set line points along the centerline of the proposed waterline at 100-foot intervals or 20 points. G. Shoulder widening: set offsets along the widening area at 50-foot intervals (±), 24 stakes. MASDG120031132-SDG-03 City of Bellingham - James Street Sewer & Wale Mecs\Oesign scope of work.doc Task List 4115m3 for City of Bellingham Project: EW88 James Street Water and Sower Plan to Kearney Road Reservoir Site in Beliingham, Wa within Section 7 T.38 N., R.3 E, Submitted To: City of 6QBingham clo Kirk Christensen DESCRIPTION Task PE V PLS V PLS IV I TVI TIII Cill CREW FICREW II TOT Fees ENGINEERING $851HR $801HR $751HR $70IHR 3651HR $501HR 535JHR $1001HR $1201HR Preliminary Design to 90! Prorect Coardinakon 522 16 6 22 $1,150.00 Meeli %Y1 My Taff 2 107 8 8 $660.00 Ufi;ily Coord nalion 522 4 6 t0 5730.00 Tda TacklCover Sheel 106 1 6 7 $475M 11,550.00 Frermina Design/Fan and Milas 106 6 16 22 Prc'imfnary Wateillno De3ien 518 8 24 32 $2,240.00 PrP.Mmu Samar Des n 618 8 24 32 $2,240.DO Prelimna; RodwalR�uteDesin 518 6 10 16 $1,160G0 Roadway Sec • Vic•:nit and Steel Setup 201 2 10 12 $820.00 Final Design Final WaterFne Des vn 530 8 12 20 $1,460.00 Final Sewer Des` n Q7 8 12 20 $1,4G0.00 Profed Details 201 5 16 21 $1,4G5.00 Specif! catioaslRev:ew 535 8 4 12 $940.00 Chlantj CacUlationIHid$heel 525 4 12 16 $1,120.00 0 $0 00 Enginocring Hours 92.00 0.00 0.00 0.00 158.00 O.CO 0.00 0.00 0.00 1.�_ En Ineerin Fees $7,820.00 $0.00 $0,00 $0.00 $10,270.00 $0,00 $0.00 $0.00 $0.00 _ $18,09Qo0 1 SURVEYING (Preliminary Deslcrito90'/ R83e=h 123 6 6 $480.00 Caknlatons 403 419 8 6 $480.00 $4,600.00 Top Survey 24 24 48 Field Map Check 407 6 6 $46000 1 Final Desl n As-3,01 Stnwy 401 1 8 16 16 41 53,665.00 ConslrucCon Stakir, 427 2 24 ae 62 $6,41HO Survey Hours 0 74 0 O 16 0 0 1 0 76 SurvayFeas $255.00 55,92004 1 S0,C0 0.00 $1,040,00 $OAO 50.C•0 $O,CO $9,120.00 $16,30i.00 I Total Engineering/Survey! Fees $34,425.00 Subconsuttant Foas Ferry Faas _ Materials Testln $0.00 rt:n RP ort SO.Or1 subconsunantFsas $0.00 10% Fee W-W Total Subconsultant Fces $0.00 Total Consultant and Subconsullant Foes $34,425.00 CQUJAMEMr KLULL Steve Lee From: Ronald Straka Sent: Monday, August 24, 2009 12:04 PM To: Arneta J. Henninger; Hebe Bernardo Cc: Steve Lee Subject: FW: Hawks Landing - Stormwater Calculations Attachments: 8115.exist..bmp; 8115.hydrograph.bmp; 8115.dev.bmp; 8115.exist. peaks. pks; 8115.dev.peaks. pks Please review and verify that the project is flow control exempt. From: Pat S [mailto:pat@sdg-Ilc.com] Sent: Friday, August 21, 2009 5:12 PM To: Ronald Straka Subject: FW: Hawks Landing - Stormwater Calculations Ron Here are drainage calcs to demonstrate that we don't have to do flow control let me know if you need anything additional so this determination can be made. Pat Severin P.E. Sound Development Group P.O. Box 1705 1111 Cleveland Street Suite 202 Mount Vernon, WA 98273 Email: pat(a)sdg-llc.com Ph: 360-404-2010 Fax: 360-404-2013 From: Tammy Zempel Sent: Wednesday, August 19, 2009 2:39 PM To: Pat S Subject: Hawks Landing - Stormwater Calculations As discussed, please find attached the basin and flow calculations for the Hawk's Landing Crowne Plaza Hotel project area, as well as the ROW area to be disturbed and improved. The basins are the following sizes : Project site area: 3.74 acres 4 ROW improvement basin: 0.39 acres .�--- Tammy Zempel Project Manager Sound Development Group LLC 1111 Cleveland Ave, Suite 202 Mount Vernon, WA 98273 Phone. 360-404-2010 Fax: 360-404-2013 i Version 5.00 1 files will be read/written in the Working Directory rking Directory:C:\kc_swdm\output ---------------------------------------------------- KCRTS Command ------------- Enter the Analysis TOOLS Module Analysis Tools Command ---------------------- Compute PEAKS and Flow Frequencies ---------------------------------- Loading Time Series File:8115.existandrow.tsf Flow Frequency Analysis ------------------------------------------------------ Time Series File:811S.existandrow.tsf Project Location:Sea-Tac Frequencies & Peaks saved to File.8115.exist.081909.PKS ------------------------------------------------------------------------ Analysis Tools Command ---------------------- RETURN to Previous Menu KCRTS Command ------------- CREATE a new Time Series Production of Runoff Time Series Project Location Sea-Tac Computing Series 8115.exist icnal Scale Factor 1.00 Data Type Reduced ating 15-minute Time Series File Loading Time Series File:C:\KC_SUDM\KC_DATA\STTG1SR.rnf 1 Grass 0.87 acres Scaling Yr: 8 Loading Time Series File:C:\KC_SWDM\KC-DATA\STEI15R.rnf ervious 2.87 acres Adding Yr: 8 Total Area 3.74 acres k Discharge: 3.83 CFS at 6:30 on Jan 9 in Year 8 Storing Time Series File:811S.exist Time Series Computed rro7ecc Location:5ea-iac --Annual Peak Flow Rates --- Flow Rate Rank Time of Peak (CFS) 1.37 6 8/27/01 18:00 0.954 8 9/17/02 17:45 2.78 2 12/08/02 17:15 1.10 7 8/23/04 14:30 1.50 S 10/28/04 16:00 1.59 4 10/27/05 10:4S 1.88 3 10/2S/06 22:45 3.83 1 1/09/08 6:30 omvuted Peaks -----Flow Frequency Analysis------- - - Peaks - - Rank Return Prob (CFS) Period 3.83 1 100.00 0.990 2.78 2 25.00 0.960 1.88 3 10.00 0.900 1.59 4 5.00 0.800 1.50 S 3.00 0.667 1.37 6 2.00 O.SOO 1.10 7 1.30 0.231 0.954 B 1.10 0.091 3.48 50.00 0.980 8 8 A -- Paused Flow f regitency KfRTS PeriodReturn 1 9111 11 10 Q r 1 2 5 10 20 30 40 50 60 70 80 90 95 98 99 Cumulative Probability Paused Flow Frequency KCRTS EFN( Return Period 1C 10 1 2 5 10 20 30 40 50 60 70 80 90 95 98 99 Cumulative Probability d +J�t�ii , �7r �!' •C Vkr_ sv, n Gx�pUt XM ThO WrAiishe... � Inbmc - hktrosoft G.., j,`� RU#ciCAD c.++d M- 2D.., 3 dJFcrts Ok 14 10:14 At1 Storing Time Series File:8115.exist 8 Time Series Computed KCRTS Command Enter the Analysis TOOLS Module Analysis Tools Command ---------------------- Compute PEAKS and Flow Frequencies ---------------------------------- Loading Stage/Discharge curve:8115.exist Flow Frequency Analysis ----------------------------------------------------- Time Series File:8115.exist Project Location:Sea-Tac Frequencies & Peaks saved to File:8115.exist.peaks ------------------------------------------------------------------------- Analysis Tools Command ---------------------- RETURN to Previous Menu KCRTS Command CREATE a new Time Series Production of Runoff Time Series Project Location Sea-Tac Computing Series 8115.dev egional Scale Factor 1.00 Data Type Reduced reating 15-minute Time Series File Loading Time Series File:C:\KC-SUDM\KC_DATA\STTG15R.rnf 8 ill Grass 0.93 acres Scaling Yr: 8 Loading Time Series File:C:\KC_SWDM\KC_DATA\STEI15R.rnf 6 mpervious 2.81 acres Adding Yr: 8 -------------- Total Area 3.74 acres eak Discharge: 3.78 CFS at 6:30 on Jan 9 in Year 8 Storing Time Series File:B115.dev 8 Time Series File:8115.dev Project Location:Sea-Tac ---Annual Peak Flow Rates --- Flow Rate Rank Time of Peak (CFS) 1.34 6 8/27/01 18:00 0.934 8 9/17/02 17:45 2.73 2 12/08/02 17:15 1.08 7 8/23/04 14:30 1.47 5 10/28/04 16:00 1.56 4 10/27/05 10:45 1.85 3 10/2S/06 22:45 3.79 1 1/09/08 6.30 omputed Peaks -----Flow Frequency Analysis------- - - Peaks - - Rank Return Prob (CFS) Period 3.79 1 100.00 0.990 2.73 2 25.00 0.960 1.85 3 10.00 0.900 1.56 4 5.00 0.800 1.47 5 3.00 0.667 1.34 6 2.00 O.S00 1.08 7 1.30 0.231 0.934 8 1.10 0.091 3.44 50.00 0.980 TKCRTS Analysis Tools Compute QEAKS and Flow Frequencies Plot Flow FREQUENCIES ? Compute Flow QURATION and Exceedence Plot Probability EXCEEDENCE Curves .COMPARE Flow Durations Extract a If- YDROGRAPH -� Plot a Hydro GRAPH Compute VOLUME Discharge RETURN to Previous Menu Compute a Flow Frequency Curve a ea isc�aige: �. at" .'30 on Jan 9 in Year 8 Storing Time Series File:8115.exist 8 Time Series Computed -------------------------------------------------------------------------- KCRTS Command ------------- Enter the Analysis TOOLS Module ------------------------------- --------------------------------------------------------------------------- Analysis Tools Command --------------------- Compute PEAKS and Flow Frequencies ---------------------------------- Loading Stage/Discharge curve:8115.exist Flow Frequency Analysis -------------------------------------------------------- Time Series File:8115.exist Project Location:Sea-Tac Frequencies & Peaks saved to File:8115.exist.peaks ------------------------------------------------------------------------------ Analysis Tools Command ---------------------- RETURN to Previous Menu ----------------------- -------------------------------------------------------------------------- KCRTS Command ------------- CREATE a new Time Series Production of Runoff Time Series Project Location Sea-Tac Computing Series 8115.dev egional Scale Factor 1.00 Data Type Reduced reating 15-minute Time Series File Loading Time Series File:CAKC-SWDM1,KC-DATA\STTG1SR.rnf 8 ill Grass 0.93 acres Scaling Yr: 8 Loading Time Series File:C:\KC_SWDM\KC_DATA`STEI15R.rnf 8 %pervious 2.81 acres Adding Yr: 8 Total Area 3.74 acres oak Discharge: 3.78 CFS at 6:30 on Jan 9 in Year 8 Storing Time Series File:8115.dev 8 Flow Frequency Ana ye --------------------- Time Series File:8115.dev Project Location:Sea-Tac ---Annual Peak Flow Rates --- Flow Rate Rank Time of Peak (CFS) 1.34 6 8/27/01 18:00 0.934 8 9/17/02 17:45 2.73 2 12/OB/02 17:15 1.08 7 8/23/04 14:30 1.47 5 10/28/04 16:00 1.56 4 10/27/05 10:45 1.85 3 10/26/06 22:45 3.79 1 1/09/08 6:30 omouted Peaks -----Flow Frequency Analysis------- - - Peaks - - Rank Return Prob (CFS) Period 3.79 1 100.00 0.990 2.73 2 25.00 0.960 1.85 3 10.00 0.900 1.56 4 5.00 0.800 1.47 S 3.00 0.667 1.34 6 2.00 0.500 1.08 7 1 30 0.231 0.934 8 1.10 0.091 3.44 50.00 0.980 Y Compute.EEAKS and Flow Frequencies ? -- Plot Flow EREQUENCIES Compute Flow DURATION and Exceedence Plot Probability EXCEEDENCE Curves _COMPARE Flow Durations Extract a RYDROGRAPH .._.._ _ Plot a HydroGRAPH - Compute VOLUME Discharge RETURN to Previous Menu Compute a Flow Frequency Curve Y Appeal Issues to cover in hearing: • Master site plan must be reversed for completion of a stormwater drainage plan/EIS is required because stormwater/groundwater impacts will be significant o Plan should include information about the amount of impervious surface area that will exist post -development. o Flow control is required per the KC Manual. o Storm runoff from site will not be treated and take pollutants into May Creek • Groundwater flows toward Port Quendall site; increased flows from either dewatering the garage or from stormwater discharge will flow through contamination at PQ site and further contaminate Lake WA. • Habitat Management Plan/Habitat Data Report is required by the code • Project required an SSDP, due to site disturbance within 200' of shoreline. • MDNS should be reversed for completion of full stormwater management plan o City failed to consider stormwater because report fails to include amount of impervious surface area that will exist in developed condition o City failed to consider construction dewatering plan that will impact surface flow to May Creek and will increase groundwater flow to PQ Y V-,4 , Oslo 5 oeC�S c-1/z-,_1o1 J,c.1Ali : %� : tilO Ql City of Renton — Hawk's Landing Team Meeting Thursday, August 13, 2009, 11:30 a.m. — 1:30 p.m. Room 511, Renton City Hall Expected Attendance: Chip Vincent, Arneta Henninger, Suzanne Dale Estey, David Pargas, Alex Pietsch, Jennifer Henning, Spencer Alpert, Dan Mitzel, Jessica Clawson, Mel Mertz, Troy Humphries, Ron Straka, Abdoul Gafour, Jim Seitz, Peter Hahn AGENDA I. Introductions II. Project Status Update a. Discussion of Pedestrian and Potential Electric Vehicle Connections to VMAC III. State Infrastructure Grant Update IV. Land Use Permit Process — SEPA Appeal V. Hearing Examiner Public Hearing — August 25, 2009, 9:00 a.m. VI. Future Agenda Topics VII. Next Meeting: Thursday, September 10, Conference Room 511, 51h Floor, Renton City Hall 11:30 a.m. — 1:00 p.m. �,- iVAV Ronald Straka From: Suzanne Dale Estey Sent: Tuesday, June 23, 2009 6:47 PM To: Ronald Straka; David Christensen; Abdoul Gafour; Todd Black; Leslie A Betlach; Peter Hahn Cc: Gregg A. Zimmerman; Lys L. Hornsby; Vanessa Dolbee; Jennifer T. Henning; Chip Vincent; Arneta J. Henninger; Neil R. Watts; Alexander Pietsch; Terry Higashiyama; Levy, Doug; Vivienne Lietz; Debra Mikolaizik Subject: FW: Renton Hawks Landing - Award Letter & Contract Readiness Survey Attachments: Renton Hawks Landing Award Letter 6-23-09.pdf; Contract Readiness Survey.doc; LEED Certification Declaration.doc Hawks Landing Infrastructure team: We finally heard from the WA State Public Works Board regarding the $1.7M we received for infrastructure related to Hawks Landing. Attached is the information we received regarding the contract process. As I mentioned in our meeting yesterday, CED will continue to facilitate the state and developer interfaces regarding these funds and will be responsible for the contract process w/the Public Works Board. We will answer the attached "contract readiness survey" and process the contract through Council; hopefully no later than August. We will let you know if we need any information as we complete this process, which the Public Works Board has indicated will take no more than three weeks once we have met their requirements. One important point Abdoul and Ron asked about on Monday is the reimbursement timing window. As you will see in the attached letter, this is a "cost reimbursement grant, which means that funds will be disbursed after costs associated with the scope of work have been incurred. The contract will provide retroactive financing for eligible project costs starting from the date the 2009-2011 Capital Budget was enacted May 15 2009." Please let me know if you have any additional questions. We have our next Hawks Landing Project Coordination meeting with the developers on 7/9/09, and this internal coordination group on this e-mail is scheduled to meet again 7/30/09 and then quarterly after that until our work is completed. Thanks — Suzanne Suzanne Dale Estey Director of Economic Development City of Renton Renton City Hall 1055 South Grady Way, 6th Floor Renton, WA 98057 sdaleestev(c-)rentonwa.gov PLEASE NOTE: NEW E-MAIL ADDRESS www.rentonwa.gov phone: 425/430-6591 fax: 425/430-7300 From: Grigoras, Corina (CTED)[mailto:Corina.Grigoras@pwb.wa.gov] Sent: Tuesday, June 23, 2009 2:53 PM To: Suzanne Dale Estey Subject: Renton Hawks Landing - Award Letter & Contract Readiness Survey Dear Suzanne: It was a pleasure talking to you this afternoon and learning more about the Renton Hawks Landing project. As discussed, attached are the grant award letter and the forms that will need to be filled out electronically (in Word format). The letter and the forms contain detailed instructions about the steps you need to take in order to get the contract writing process started. I will also follow up with a hard -copy of the award letter by regular mail. Please feel free to contact me by phone or email anytime you have any questions or need more clarifications on this process. Also, note that I'll be in this week but I'll be out all of next week, returning to the office on July 6. Thank you! I am looking forward to working with you on this exciting project. Corina <<Renton Hawks Landing Award Letter 6-23-09.pdf>> <<Contract Readiness Survey.doc>> <<LEED Certification Declaration.doc>> Corina Grigoras I Public Works Board I Washington State Department of Commerce 1 360.725.3160 As part of a Washington State trial compressed schedule, CTED's operational hours are 7am to 6pm, Monday through Thursday. Washington State Public Works Board 906 Columbia Street SW Post Office Box 48319 Olympia, Washington 98504-8319 June 23, 2009 Suzanne Dale Estey, Economic Development Director City of Renton 1055 S Grady Way Renton, WA 98057 Re: 2009-2011 Capital Budget Direct -Appropriation Projects Renton Hawks Landing Project Dear Ms. Dale Estey: Congratulations on being awarded a state grant in the 2009-2011 Capital Budget! The Public Works Board (the Board) has been assigned to administer your grant funds. Your project has received a direct appropriation, which means that the funds were included in the budget at the request of the Governor or Legislature. Now that the Governor signed the Capital Budget into law, our role is to release these funds in a way that meets the intent of the Legislature and conforms with state regulations. We strive to do so expeditiously and will make the process as simple as possible for you. Before you can receive grant funds, a contract will need to be executed between your organization and the Board. In order to get the contracting process started, please follow these steps: 1. Complete the attached Contract Readiness Survey and have the person who is authorized to sign contracts sign the Grantee Certification page; 2. Attach documentation for committed funds (copies of award letters, council appropriations, etc.), if applicable; 3. Complete the attached LEED Certification Declaration and have both your architect (if applicable) and the person who is authorized to sign contracts sign the Certification on the last page; 4. Attach a copy of the project request form/packet that you submitted to legislature; 5. Attach a completed W-9 form (download form at www.irs.goy/pub/irs-pdf/fw9.pdf); Administrative services provided by Washington State Department of Commerce (360) 725-3150 Fax (360) 664-3029 www.pwb.wa.Qov Suzanne Dale Estey. Economic Development Director City ojRenton June 23. 2009 Page 2 6. Compile all these documents and mail them to: Corina Grigoras Public Works Board PO Box 48319 Olympia, WA 98504-8319 It is important to note that this is a cost reimbursement grant, which means that funds will be disbursed after costs associated with your scope of work have been incurred. The contract will provide retroactive financing for eligible project costs starting from the date the 2009-2011 Capital Budget was enacted, May 15, 2009. Once we receive your complete set of documents, we will prepare your contract. We may contact you for further information. We expect that our contract preparation process should take no more than three weeks from the time that all of the requirements have been met. Again, we offer you our congratulations on receiving a state capital grant and look forward to working with you on this project. If you have any questions or need additional information, please do not hesitate to contact me at (360) 725-3160 or email me at Corina.Grigoras@pwb.wa.gov. Sincerely, Corina Grigoras Public Works Board Grant Programs, Direct -Appropriation Projects cc. Senator Margarita Prentice Washington State Public Works Board 906 Columbia Street SW Post Office Box 48319 Olympia, Washington 98504-8319 www.pwb.wa.gov 2009-2011 Grant Programs Direct -Appropriation Projects Contract Readiness Survey Project Title: Grant Amount: $ Instructions: Before you can receive grant funds, a contract will need to be executed between you (Grantee) and the Public Works Board (Board). Contract development generally takes two to three weeks once you have met our requirements. Please follow these steps to get the contracting process started: 1. Completely fill out the survey questions by typing your responses in the electronic version of this form; 2. Have the Grantee Certification (last page) signed by the person authorized to sign contracts for your organization; 3. Attach documentation for committed funds (copies of award letters, council appropriations, etc.), if applicable; 4. Fill out and have the LEED Certification Declaration form (attached) signed by both your architect (if applicable) and the person authorized to sign contracts; 5. Attach a copy of the project request form/packet that you submitted to legislature; 6. Attach a completed W-9 form (download form at www.irs.gov/pub/irs-pdf/fw9.pdf); 7. Compile and mail these documents to the address above, Attention Corina Grigoras. If you have any questions or need additional information, please contact Corina Grigoras at (360) 725-3160 or email her at Corina.Grigoras@pwb.wa.gov. Thank you for your assistance in making this contract -writing process as quick and easy as possible! SECTION 1. GENERAL INFORMATION 1.1 Grantee (Complete Legal Name) 1.2 Type of Organization ❑ Publicly -Owned ❑ Private Non -Profit ❑ Tribal 1.3 Municipal Corporation Agency # (MCAG) http://www.pwb.wa.gov/macg_listing.asp 1.4 Federal Tax ID # 9 1 - 1.5 Project Street Address WA - , 1.6 Project Mailing Address , WA - 1.7 County 1.8 Project GPS Coordinates (approximate Latitude (e.g., 45.3530) Longitude (e.g., 120.4510) center of where you will be working) 1.9 Current Population within Jurisdiction Population Affected by This Project 1.10 Legislative District 1.11 Congressional District 1.12 Which legislator(s) took the lead in introducing your appropriation? 1.13 Authorized Person to Sign Contract Mailing Address (if different from project WA - mailing address above) Telephone ( ) Fax ( ) - Email 1.14 Person Administering the Grant (once contract is signed) Mailing Address (if different from project WA - mailing address above) Telephone ( ) Fax ( ) - Email Public Works Board 2009-2011 Grant Programs Page 1 Direct -Appropriation Projects —Contract Readiness Survey SECTION 2. PROJECT INFORMATION PROJECT DESCRIPTION 2.1 Please describe the project to be completed and its anticipated public benefit. 2.2 Is this project part of a larger, phased project? If YES, explain how this phase fits in the overall project. SITE CONTROL ❑ YES ❑ NO 2.3 Do you have control of the project site either through ownership or through a long-term lease (at least 15 years)? If NO, please explain and include the date you expect to have ❑YES ❑ NO met this condition. IMPORTANT: Site control is required before we can begin writing the contract. GOVERNOR EXECUTIVE ORDER 05-05 (EO 05-05) CULTURAL & HISTORICAL RESOURCES REVIEW (OR SECTION 106) 2.4 Does you project involve land acquisition, right-of-way, ground disturbance, or construction or rehabilitation of a building? If YES and your project includes only state and local funds, you will need to go through the EO 05-05 review process. If YES and your project includes federal funds, you will need to go through the Section 106 review process. EO 05-05 will not be sufficient. If NO, please explain. IMPORTANT: If EO 05-05 (or Section 106) applies to your Project, you will need to complete this review before we can execute the contract. LEED (LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN) CERTIFICATION 2.5 Does your project include construction or renovation of a building or facility? ❑ YES ❑ NO ❑ YES ❑ NO If YES, indicate if you entered the LEED certification process with the goal of your facility obtaining the silver standard. IMPORTANT: As part of your contracting process, you are required to complete a LEED Certification Declaration form (attached). 2 The EO 05-05 requires recipients of state funds to consult with interested parties, i.e., Department of Archaeology and Historic Preservation, and Indian Tribes, prior to starting project construction. If your project funding includes federal funds, Section 106 (National Historic Preservation Act) will be required, which supersedes the EO 05-05 review. These consultations should take place as early as possible in order to avoid delays in starting your project. If you have questions regarding the cultural and historic resources process, please contact Stephen Dunk at (360) 725-3157 or email him at Stephen. DunkCaDpwb.wa.gov. 2 LEED is a certification program run by the U.S. Green Building Council. In 2005 the Washington State Legislature passed a law requiring all capital projects grant recipients to comply with the LEED standards (RCW 39.35D). The goal is for major construction or renovation projects receiving state funds to be built to the LEED silver standard where "practicable." Projects that fall under certain facility types and projects demonstrating that it would not "be practicable" to meet the LEED silver standard may qualify for a LEED exemption. Please refer to the attached LEED Certification Declaration form for more details. Public Works Board 2009-2011 Grant Programs Page 2 Direct -Appropriation Projects —Contract Readiness Survey SCOPE OF WORK 2.6 Describe all the activities and deliverables needed to accomplish this project. IMPORTANT: Provide a description of each activity along with the estimated start and end dates. Your Scope of Work must correspond with your Project Cost categories and will become part of your contract. PROJECT COSTS 2.7 Complete the Project Costs table below. A list of eligible and ineligible costs is attached at the end of this survey. IMPORTANT: Your Total Project Costs must equal your Total Funding in Question 2.8. The cost categories must correspond with the activities listed on your Scope of Work. The Project Cost table will become part of your contract. Please note that this is a reimbursement grant; only costs incurred after May 15, 2009, will be reimbursed. Engineering Report Cultural and Historical Resources Review (Executive Order 05-05, Section 106) Environmental Review Land/Right-of-Way Acquisition Permits Public Involvement/Information Bid Documents Construction Other: Other: Other: Other: Other: Other: Public Works Board 2009-2011 Grant Programs Page 3 Direct -Appropriation Projects —Contract Readiness Survey PROJECT FUNDING Pa:3 Complete the table below listing the amounts and funding sources for this project. State the status of your funding sources as follows: • Committed: funds are considered committed if a formal notice of approval for the funds is in place from the funding source Local Revenue must be in an approved budget or be appropriated by your council or commission to be considered committed. Attach documentation such as copies of award letters, council appropriations, etc. ■ In -Hand: funds are considered in -hand if you have already received the funds. IMPORTANT: Your Total Project Funding must equal your Total Project Costs in Question 2.7. The Project Funding table will become part of your contract. You are required to have full funding for your project (or This Direct -Appropriation Grant Public Works Board Committed Other Grants (State/Federal Agency or Organization) Other Grant #1 Other Grant #2 Other Grant #3 Total Other Grants Loans (State/Federal, Private Agency or Organization) Loan #1 Loan #2 Loan #3 Total Loans Local Revenue (Rates, General Fund, Levies, Reserves, Assessments, Appropriations, etc.) Local Revenue #1 Local Revenue #2 Local Revenue #3 Total Local Revenue Other Funds Other Funds #1 Other Funds #2 Total Local Revenue PROJECT PERFORMANCE MEASURES 2.9 List the performance measures that best describe the benefit of your project. Explain how this project is expected to expand or improve the services you provide. IMPORTANT: These performance measures will become part of your contract. The performance measures must correspond with your Project Scope and will be the standard to which we will measure your project's progress. PROJECT COMPLETION 2.10 If the overall project will not be completed when these grant funds are used, describe: a. The tangible asset that will be provided to the public upon this phase of project completion (the portion funded by this grant); and b. The phases and schedule for completion of the overall project. Public Works Board 2009-2011 Grant Programs Page 4 Direct -Appropriation Projects —Contract Readiness Survey GRANTEE CERTIFICATION The Grantee certifies that: • The information and financial data provided in this document are true and correct to the best of their belief and knowledge and it is understood that Public Works Board staff may independently verify information, and that the discovery of incomplete, false, and/or misleading information is grounds for withholding awarded funds or termination of grant contract; ■ Records supporting the information provided in this document are on file and will be made available by the Grantee upon request; ■ There are no outstanding liens against this project; ■ There is currently no litigation in existence seeking to enjoin the commencement or completion of the above -described project; and ■ The Grantee intends to enter into a grant contract with the Public Works Board, provided that the terms and conditions for a Public Works Board grant are satisfactory to both parties. Signed: Name: Title: Phone Number: Date: Attest: Public Works Board 2009-2011 Grant Programs Page 5 Direct -Appropriation Projects —Contract Readiness Survey Eligible Costs Capital Budget funds may generally be used to pay for the following project expenses incurred as far back as May 15, 2009: ■ design, architectural, and engineering work; • building permits/fees; ■ archeological/historical review; ■ construction labor and materials; ■ demolition/site preparation; ■ capitalized equipment; ■ information technology infrastructure (cables and wiring); ■ construction management and observation (from external sources only)*; ■ initial furnishings**; ■ landscaping; ■ real property when purchased specifically for the project, and associated costs.*** Ineligible Costs The following costs are not eligible for reimbursement under this program: ■ internal administrative activities; • project management (from any sources); ■ fundraising activities; ■ feasibility studies; ■ computers or office equipment; ■ rolling stock (such as vehicles); ■ lease payments for rental of equipment or facilities; ■ mortgages and property leases (including long-term); • the moving of equipment, furniture, etc., between facilities. * Construction management and observation, for the purpose of this program, is defined as on -site management and/or supervision of the work site and workers thereon. Construction management does not include work typically performed by off -site consultants or consultant organizations, grant writers, project managers, or employees of the grantee, unless the employee is hired solely and specifically to perform on -site construction management as defined above. ** Furnishings and equipment are considered eligible project costs as long as the average useful life of the item purchased is 13 years or more. *** Costs directly associated with property acquisition include appraisal fees, title opinions, surveying fees, real estate fees, title transfer taxes, easements of record, and legal expenses. Washington State Public Works Board 906 Columbia Street SW Post Office Box 48319 Olympia, Washington 98504-8319 www.pwb.wa.gov The LEED Certification Declaration Is Required of All Capital Budget Projects The 2005 Washington State Legislature passed a law that may require our grant recipients to comply with what has been termed "high- performance" or "green" building standards (RCW 39.35D). The goal is for major construction or renovation projects receiving state funds to be built to the LEED silver standard where "practicable." LEED (which stands for Leadership in Energy and Environmental Design) is a certification program run by the U.S. Green Building Council. According to the American Institute of Architects, high-performance buildings are cheaper to operate, save water and energy, and improve worker performance. These building principles offer the most savings when incorporated early in the design process. That's why we strongly encourage you to talk with your architect as soon as possible. The first issue you may wish to explore is whether your project is required to meet the LEED silver standard. The law offers two types of exemptions. Exemption 1: Facility types Four facility types are exempt: ■ acquisition -only projects; ■ new construction less than 5,000 gross square feet of occupied or conditioned space as defined by the Washington State Energy Code; ■ renovation projects whose costs are less than 50 percent of the facility's assessed value and are less than 5,000 gross square feet of occupied or conditioned space; or ■ facilities such as transmitter buildings; pumping stations; hospitals; research facilities primarily used for laboratory experimentation, research, or training in research methods; or similar building types. Exemption 2: `Not practicable' We may exempt grantees who demonstrate that it would be "not practicable" for them to meet the LEED silver standard. However, we are not permitted to offer this solely because of cost- or timing -related issues. If your project (or the phase of the project you applied for) does not include any construction or renovation of a building or facility, you may request this exemption. If you are seeking a "not practicable" exemption, in the declaration form you will need to provide a rationale for your request (your architect may be helpful here). Checklist gives you bonus points Everyone who plans to meet the LEED silver standard is required to have their architect fill out a LEED checklist, which is part of the attached LEED Certification Declaration form. Visit our web page and talk to us CTED has created a web page devoted to this requirement: http://www.cted.wa.gov/site/886/default.aspx. You will find helpful links to grant opportunities that may help you cover extra up -front costs. Please do not use the certification declaration form on the website. Instead, use the attached form to fill out your LEED Certification Declaration. If you have any questions about the LEED requirement, please call Corina Grigoras at (360) 725-3160 or email her at Corina.Grigoras@pwb.wa.gov. Washington State Public Works Board 906 Columbia Street SW Post Office Box 48319 Olympia, Washington 98504-8319 w-Nv�v.pwb.wa.gov LEED Certification Declaration Public Works Board 2009-2011 Grant Programs Directions: All recipients of state Capital Budget grants are required to fill out this form. Please type your responses in the electronic version of this form. and then have it signed by both your architect (if applicable) and the person who is authorized to sign contracts for your organization. Project Name: Organization: Date Submitted: Grant Applicant (Competitive Grant Program)? Yes ❑ No ❑ Grant Awardee (Direct -Appropriation Project)? Yes ❑ No ❑ 1.1 Does your project only involve a land acquisition and does not include any construction or renovation of a building or facility? If Yes, you are exempt and you may skip to Step 5 and sign the form. Yes ❑ No ❑ 1.2 If your project is a new construction, is it less than 5,000 gross square feet of occupied or conditioned space'? Yes ❑ No ❑ If Yes, what is the square footage? 1.3 If your project is a renovation, is it less than 50 percent of the facility's assessed valuez, and less than 5,000 gross square feet of occupied or conditioned space? Yes ❑ No ❑ If Yes, what is the renovation total budget? $ What is the facility's assessed value? $ 1.4 Is your facility a transmitter building, pumping station, hospital, or research facility3? Yes ❑ No ❑ Is it a similar building type? Yes ❑ No ❑ If Yes, describe: You are exempt if you answered Yes to ANY question in Step 1. If you are exempt, you may skip Steps 2, 3, and 4, but please fill out Step 5 and sign the form. ' Gross square feet as defined by the Washington State Energy Code. Assessed value includes the building and land. 3 Primarily used for sponsored laboratory experimentation, laboratory research, or laboratory training in research methods. Public Works Board 2009-2011 Grant Programs Page 1 LEED Certification Declaration STEP 2: is meeting the LEED sill standard ,1not practicable'2' Public Works Board may exempt state Capital Budget grant awardees who demonstrate that it would not be practicable for them to meet the LEED silver standard. We are not permitted to offer this exemption solely because of cost or time constraints, but we may if: a. The project (or this phase of the project) does not involve the construction or renovation of a building or facility; b. A renovation is piecemeal in nature; and/or c. Unusual aspects of the building do not lend themselves to LEED standards. 2.1 Does your project (of this phase of the project) involve the construction or renovation of a building or facility? Yes ❑ No ❑ 2.2 Has design begun? Yes ❑ No ❑ If Yes, date design began: Percentage of pre -design or design complete: % Has construction begun? Yes ❑ No ❑ If Yes, date construction began: Percentage of construction complete: % 2.3 Would you like to apply for this exemption? Yes ❑ No ❑ If Yes, please explain why. 3.1 Have you already entered the LEED certification process? Yes ❑ No ❑ As of what date? 3.2 If you answered No to 3.1, were you planning to enter the LEED certification process? Yes ❑ No ❑ 3.3 If you are entering the LEED process, what standard are you attempting to reach? Certified ❑ Silver ❑ Gold ❑ Platinum ❑ You are not required to fill out this step if you are applying for an exemption. You are required to complete this section if you plan to enter LEED and achieve the silver standard (Step 2) and are currently working with an architect. In other words, you do not need to complete this step if you do not have an architect under commission because your project's design has been completed and/or the project is piecemeal in nature. This checklist corresponds to the LEED-NC Version 2.2 Project Checklist. Ask your architect to fill it out. We understand that many of the points assigned may be estimates subject to change. Please note, however, that by signing this form (Step 5) you and your architect certify that the points assigned here are an accurate reflection of your project goals. For each item that you answer Yes, please insert the appropriate number of points (the right-hand column lists the possible number of points). If your answer is No or "?" (don't know), check the appropriate box. Please add up your score and enter it in the "Project Total Points' box at the bottom of this step. Public Works Board 2009-2011 Grant Programs Page 2 LEED Certification Declaration Yes ? No Sustainable Sites 14 Points ❑ ❑ Credit 1 Site Selection 1 _ ❑ ❑ Credit 2 Development Density & Community Connectivity 1 ❑ ❑ Credit 3 Brownfield Redevelopment 1 _ _ ❑ ❑ Credit 4.1 Alternative Transportation, Public Transportation Access 1 _ ❑ ❑ Credit 4.2 Alternative Transportation. Bicycle Storage & Changing Rooms 1 _ ❑ ❑ Credit 4.3 Alternative Transportation. Low -Emitting and Fuel -Efficient Vehicles 1 ❑ ❑ Credit 4.4 Alternative Transportation. Parking Capacity 1 ❑ ❑ Credit 5.1 Site Development, Protect or Restore Habitat 1 ❑ ❑ Credit 5.2 Site Development, Maximize Open Space 1 _ ❑ ❑ Credit 6.1 Stormwater Design, Quantity Control 1 _ ❑ ❑ Credit 6.2 Stormwater Design, Quality Control 1 _ ❑ ❑ Credit 7.1 Heat Island Effect, Non -Roof 1 ❑ ❑ Credit 7.2 Heat Island Effect, Roof 1 _ ❑ ❑ Credit 8 Light Pollution Reduction 1 Yes ? No Water Efficiency 5 Points _ ❑ ❑ Credit 1.1 Water Efficient Landscaping, Reduce by 50% 1 ❑ ❑ Credit 1.2 Water Efficient Landscaping, No Potable Use or No Irrigation 1 _ ❑ ❑ Credit 2 Innovative Wastewater Technologies 1 _ ❑ ❑ Credit 3.1 Water Use Reduction, 20% Reduction 1 _ ❑ ❑ Credit3.2 Water Use Reduction, 30% Reduction 1 Yes ? No Energy & Atmosphere s 17 Points _ ❑ ❑ Credit 1 Optimize Energy Performance 1 to 10 _ ❑ ❑ Credit 2.1 On -Site Renewable Energy 1 to 3 ❑ ❑ Credit 3 Enhanced Commissioning 1 ❑ ❑ Credit Enhanced Refrigerant Management 1 _ ❑ ❑ Credit 5 Measurement & Verification 1 _ ❑ ❑ Credit Green Power 1 Yes ? No Materials & Resources 13 Points ❑ ❑ Credit 1.1 Building Reuse, Maintain 75% of Existing Walls, Floors & Roof 1 _ _ ❑ ❑ Credit 1.2 Building Reuse, Maintain 100% of Existing Walls, Floors & Roof 1 ❑ ❑ Credit 1.3 Building Reuse, Maintain 50% of Interior Non -Structural Elements 1 ❑ ❑ Credit 2.1 Construction Waste Management, Divert 50% from Disposal 1 ❑ ❑ Credit 2.2 Construction Waste Management, Divert 75% from Disposal 1 ❑ ❑ Credit 3.1 Materials Reuse, 5% 1 ❑ ❑ Credit3.2 Materials Reuse,10% 1 ❑ ❑ Credit 4.1 Recycled Content. 10% (post -consumer +''/z pre -consumer) 1 ❑ ❑ Credit 4.2 Recycled Content. 20% (post -consumer +'/z pre -consumer) 1 _ ❑ ❑ Credit 5.1 Regional Materials, 10% Extracted. Processed & Manufactured Regionally 1 _ ❑ ❑ Credit 5.2 Regional Materials, 20% Extracted, Processed & Manufactured Regionally 1 ❑ ❑ Credit Rapidly Renewable Materials 1 _ _ ❑ ❑ Credit 7 Certified Wood 1 Yes ? No Indoor Environmental Quality 15 Points ❑ ❑ Credit 1 Outdoor Air Delivery Monitoring 1 _ _ ❑ ❑ Credit Increased Ventilation 1 ❑ ❑ Credit 3.1 Construction IAQ Management Plan, During Construction 1 _ _ ❑ ❑ Credit 3.2 Construction IAQ Management Plan, Before Occupancy 1 _ ❑ ❑ Credit 4.1 Low -Emitting Materials Adhesives & Sealants 1 _ ❑ ❑ Cred it4.2 Low -Emitting Materials. Paints & Coatings 1 _ ❑ ❑ Cred it4.3 Low -Emitting Materials. Carpet Systems 1 _ ❑ ❑ Credit 4.4 Low -Emitting Materials, Composite Wood & Agrifiber Products 1 ❑ ❑ Credit 5 Indoor Chemical & Pollutant Source Control 1 _ ❑ ❑ Credit 6.1 Controllability of Systems Lighting 1 _ _ ❑ ❑ Credit 6.2 Controllability of Systems, Thermal Comfort 1 Public Works Board 2009-2011 Grant Programs Page 3 LEED Certification Declaration ❑ ❑ Credit 7.1 Thermal Comfort, Design 1 _ ❑ ❑ Credit7.2 Thermal Comfort, Verification 1 _ ❑ ❑ Credit 8.1 Daylight & Views, Daylight 75% of Spaces 1 ❑ ❑ Credit 8.2 Daylight & Views, Views for 90% of Spaces 1 Yes ? No Innovation & Design Process 5 Points ❑ ❑ Credit 1.1 Innovation in Design: Provide Specific Title 1 ❑ ❑ Credit 1.2 Innovation in Design: Provide Specific Title 1 _ _ ❑ ❑ Credit 1.3 Innovation in Design: Provide Specific Title 1 ❑ ❑ Credit 1.4 Innovation in Design: Provide Specific Title 1 _ ❑ ❑ Credit LEED-,Accredited Professional 1 PROJECT TOTALS (Pre -Certification Estimates) 69 Possible Points LIST YOUR TOTAL POINTS Certified 26-32 points Silver 33-38 points Gold 39-51 points Platinum 52-69 points Comments & Clarifications: STEP 5: Certification of LEED Declaration Grantee Representative's Name: Title. Signature: Date: Phone: Organization: Mailing Address: Project Location (if different from above): Applicant Architect's Name: Title: Signature: Date: Email: The Grantee and its architect, by the above signatures, certify that all of the information provided in this LEED Certification Declaration is accurate and complete to the best of their knowledge. The Grantee understands that Public Works Board staff may independently verify information provided, and that the discovery of incomplete, false, and/or misleading information is grounds for withholding awarded funds. Public Works Board 2009-2011 Grant Programs Page 4 LEED Certification Declaration 2009 Legislative session Member Requested Local Community Project Information Form Proiect Name: Exit 7 Area Improvements Project/Hawks Landing Mixed Use Development Address of Proiect Site: 4350 Lake Washington Boulevard North, Renton — southwest corner of Exit 7 at Interstate 405 Proiect Contact: Name Suzanne Dale Estey Title Economic Development Director Legislative District: 415t District Geographic Information System (GIS) Coordinate: Datum I Longitude I Latitude NAD 1983 1 -120.8333 147.0000 Legislative Sponsor: Representative nlarcie Maxwell Organization City of Renton Funding Requested: $5,250,000 Phone:425-430-6591 Fax:425-430-7300 E-Mail: sdaleestey@rentonwa.gov (Note: Funds are available on a Mailing Address: 1055 South Grady Way reimbursement basis only and cannot be Renton, WA 98057-3232 advanced.) Proiect Information (attach separate page with additional details if available): Provide a brief project summary, including the phase of the overall project, and the public benefit. 1) Describe the entire project and the phase of the overall project for which funds are requested: The Exit 7 Area Improvements Project/Hawks Landing Mixed Use Development is a proposed redevelopment of approximately 7.8 acres that has for decades been used as industrial land and warehouse space. Most recently it has been the site of Pan Abode Cedar Homes' manufacturing_ facility. The first phase of the Hawks Landing project is a 174 room, five -story hotel with full -service restaurant, spa and retail amenities that is privately funded and will be branded to capitalize on its proximity to the Seattle Seahawks' new headquarters and training facility on Lake Washington. The Seahawks are anticipating completion of the hotel by July 2010 in order to accommodate their summer training camp, so construction of the hotel is expected to begin within six months. This State investment will help serve as a catalyst for the second and future phases of the Hawks Landing development which might not otherwise occur in the near future, including a high -density, mixed -use retail and professional office complex. The Exit 7 area is a gateway to the City of Renton and the current industrial land use detracts from Renton's vision of high -density, urban development. Additionally, the Hawks Landing development is across the street from Quendall Terminals, a contaminated 23-acre former industrial waste dumping grounds where creosote and coal tar were manufactured on the shores of Lake Washington between 1917-1969. This final of three major redevelopment areas at Port Quendall is a federal Environmental Protection Agency Superfund site. It is hoped that the Hawks Landing development will help stimulate the clean up and redevelopment of this large waterfront property. NOTE: This form is to be submitted to Representative Hans Dunshee for his consideration. He may elect to submit this form for filing in the Capital Budget Committee records. If so filed, this form will become a legislative record subject to public disclosure. The Exit 7 Improvements area is also adjacent to May Creek, a Class 1 salmon -bearing stream. The State's investment will support environmentally sensitive infrastructure improvements that may not otherwise occur, ensuring the health of the creek by minimizing impacts and creating opportunities for public enjoyment. The proposed state investment in the Exit 7 Area Improvements Project would fund a series of water, sewer, 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 for major office location/relocation decisions: Reclaimed water pilot project: This site is adjacent to the East Side Interceptor for the King County Wastewater Treatment Division. A reclaimed water facility could be developed to provide irrigation and some internal plumbing uses, including toilet water. The facility would be a joint venture between the City of Renton and King County Wastewater Treatment Division. It would provide reclaimed water to the full ultimate build out for the Hawks Landing Project as well as to the future development of 23 acres at Quendall Terminals, and has the capacity to convert irrigation water currently used by the Seahawks Training facility from potable water to reclaimed water. The estimated total cost of this facility is $6,200,000, and the state request for a portion of the project is $2,000,000. Citv water line extension on Lake Washington Boulevard: In order to provide the needed fire protection to the proposed Exit 7 Area Improvements, including the Hawks Landing Project, an extension of approximately 1,250 feet of 12-inch diameter City water main will need to be installed within Lake Washington Boulevard, since there is currently no water line within this portion of the roadway. This state funding would help pay for the water line extension, at an estimated cost of approximately $500,000 or about $400 per linear foot. Extension of May Creek Trail: State funding would assist with the development of a soft surface trail along May Creek, at the southern boundary of the Hawks Landing development. The May Creek Trail would create a connection from Lake Washington to Cougar Mountain, a regional trail that will also connect Lake Washington to the Mountain to Sound Greenway System. Approximately 1,000 linear feet of trail could be developed for approximately $300,000, including design, mitigation, and permits. Property acquisition is estimated at an additional $1,750,000. Storm drainage system along Lake Washington Boulevard: State funding would assist in the construction of storm system improvements to retrofit Lake Washington Blvd. to provide storm water flow control and water quality treatment for the existing roadway, as part of the project frontage improvements. This will to help to protect water quality, fish habitat in May Creek and help to reduce the potential for downstream flooding. The funding would also be i1s, d to install porous concrete sidewalks as a low -impact storm water improvement eature. The facility would be siz—e-d-for t-�pubYic roa way and the Haws an ing Project ,with the property owner donating the space for the facility, sharing in the cost of the construction of the flow control and water quality treatment facility and maintenance of the facility as a public -private partnership. The improvements would include the construction of approximately 1,000 linear feet of public storm system along with the construction of a combined flow control and water quality treatment facility that has an estimated 50,000 cubic feet of storage needed for the public runoff only. The additional facility size to serve the private development would be funded by the development. The estimated public share of the improvements is $700,000. NOTE: This form is to be submitted to Representative Hans Dunshee for his consideration. He may elect to submit this form for filing in the Capital Budget Committee records. If so filed, this form will become a legislative record subject to public disclosure. 0,0 2) Public benefit of the project: The public will benefit from the continued redevelopment of this area and this significant gateway to Renton. Over 2,500 high wage jobs could be created in the mixed use development and increased revenue would be generated that could be reinvested in to the State as well as the Renton community for public services such as Police and Parks. The May Creek Trail connection from Lake Washington to Cougar Mountain, a regional trail that will also connect Lake Washington to the Mountain to Sound Greenway system, would also provide tremendous public benefit for the entire region. Start and Completion Dates: Pending financing: 18 months from start for hotel; office/retail mixed use can also be completed within 18 months. ® Attachments (Please enclose any materials that further describe the project and its financing.) Eligible Project Type Or Phase (Check all that apply to this funding request) ® Land acquisition ® Demolition and site preparation ® Design New Construction Renovation Other (describe) % of Request 20% 20% 10% 50 % 0% 100% (should equal 100%) What is the distance from the project to housing, restaurants, and entertainment? The property is zoned Commercial/Office/Residential, which provides for mixed -use development and it is located within Urban Design District "C," which envisions an urban environment in a vibrant, economically vital neighborhood that encourages use throughout by pedestrians. There are several restaurants within one quarter mile of the project. Residential development is across the street at Barbee Mill, a new paired -home residential community currently under construction on Lake Washington. The property to the south of Hawks Landing has been platted for future residential development. The project is one half mile from Renton's new urban shopping, entertainment, and residential neighborhood, The Landing. Does the project provide a new type of development to an existing neighborhood such as employment, housing, educational, cultural, recreational, or services? Please describe. This project significant enhances the employment base in the area with the potential for over 2,500 high -wage jobs and enhances regional tourism by providing lodging and amenities to the thousands of visitors expected to travel to watch Seattle Seahawks' pre -season training camp each summer as well as creating a prominent and accessible complex for residents within the region to enjoy. The May Creek restoration and regional trail connector would provide for critical environmental enhancements and a new recreational amenity for the region. Educational features along May Creek would provide for additional value to area youth. NOTE: This form is to be submitted to Representative Hans Dunshee for his consideration. He may elect to submit this form for filing in the Capital Budget Committee records. If so filed, this form will become a legislative record subject to public disclosure. Does the project attempt to minimize the increase in vehicle miles traveled generated by the project? Please explain? This project would help create an additional employment center within the Urban Growth Boundary, a key goal of the state Growth Management Act (GMA). Additionally, Interstate 405 from Bellevue to Renton is the most congested freeway corridor in the state and additional employment along this corridor would alleviate some vehicle miles traveled from more northern and southern parts of the region to the urban areas. Renton has grown 86% in population since GMA was passed and is one of the fastest growing cities in the state. It is critical that employment growth continues as population increases in Renton in order to achieve GMA goals and lower vehicle miles traveled. Is the project located near existing or planned transit service? Please describe? There is an existing Burlington Northern Sante Fe rail line across the street from the property that is slated for abandonment. Sound Transit and the Puget Sound Regional Council are currently analyzing potential high -capacity transit use along this corridor. If that materializes, the City is hopeful that a station could be developed to serve the surrounding area. Additionally, Renton continues to advocate for Bus Rapid Transit (BRT) along the I-405 corridor, and a potential BRT station is envisioned in the I-405 Master Plan at NE 441h Street if and when BRT is funded. King County METRO buses currently serve the area and it is hoped that the project will help foster increased bus service to this area. Does the project include preservation and re -use of at least 75% of an existing structure? The property is currently developed with several metal frame and wood frame warehouses and small office buildings totaling 74,000 square feet. These buildings are near the end of their useful lives, do not comply with the existing land use vision for the property, and dramatically underutilize the site. Will materials from demolition or construction waste materials be recycled? All metal and wood components of the existing buildings will be recycled as much as possible. Will energy conservation equipment, systems, or programs be used in the project? Yes. The developer intends to create a project that is a model of energy efficiency and intends to exceed LEED silver standards. The developer is exploring partnering with McKinstry and Company, the leading mechanical construction and engineering firm in the Pacific Northwest and a specialist in energy efficient construction. In addition, the site development will include the application of Low Impact Development standards. Will green building materials be used in constructing the project? Yes - The project will seek to minimize environmental impacts during construction and utilize recycled and renewable building materials. NOTE: This form is to be submitted to Representative Hans Dunshee for his consideration. He may elect to submit this form for filing in the Capital Budget Committee records. If so filed, this form will become a legislative record subject to public disclosure. Will the project use water conservation systems (metered water, graywater, re -use)? Yes Will the project include solar or other, non-traditional energy sources? Yes. Will on -site natural features (wetlands, riparian corridors, watersheds, steep slopes, etc) be protected, preserved, and/or restored in construction of the project or as part of the project, and will buffers around on/off-site natural areas be created or maintained? Yes — May Creek restoration. Yes No Is this a joint project? ❑ ❑ If yes, has a joint operating agreement been signed? ❑ ❑ Is the site ❑ owned, XX optioned for purchase or ❑ under a lease of S years or more with ❑ ❑ renewal options? Has the applicant initiated a capital fundraising campaign? ❑ ❑ If yes, what percent of matching funds have been secured? What other sources of matching funds are available? Has the project received previous state funding? ❑ ❑ If yes, detail date, programs and amounts. z Has the project previously applied for and not received state funding? If yes, detail dates, programs and amounts. Is the project currently applying for or planning to apply for other sources of state p J Y p g pp Y funding? If yes, detail dates, programs and amounts. If the project will not be completed after the requested state funding and matching funds are used, describe: (1) what the project will be at the completion of the portion funded by this request and how it will benefit the public; and (2) the phases and schedule for completion of the project. NOTE: This form is to be submitted to Representative Hans Dunshee for his consideration. He may elect to submit this form for filing in the Capital Budget Committee records. If so filed, this form will become a legislative record subject to public disclosure. What source(s) of nonstate funds exist for completion of the project and its ongoing maintenance and operation? The majority of the project will be privately funded. Organization Information Yes No Is the requesting organization registered with the state as a non-profit organization? N Is there a current or pending 501(c)(3) IRS registration? I I Z If answered no to either of the above, is applicant a local government? Legislative Sponsor (Signature) Date Note: This is not a formal grant program. This form provides information for House members to request a separate appropriation in the capital budget for this project. Funding any project is at the discretion of the Legislature. Successful past projects generally are ones in which the requested state funds: (1) are used for a facility providing an important public benefit; (2) are a small portion of the total project funding (25% or less); (3) result in a completed project or phase usable by the public for the intended purpose when the state funds are expended; and (4) are for a project that is ready for construction or renovation and will be completed within the biennium. Please note that projects may be subject to state prevailing wage law (Chapter 39.12 RCW). Requesting organization are encouraged to consult the Industrial Statistician (David Soma: 360-902-5330 or somd235@lni.wa.gov) at the Washington State Department of Labor Industries to determine whether prevailing wages must be paid. High-performance building requirements (Chapter 39.35D RCW) may also apply. NOTE: This form is to be submitted to Representative Hans Dunshee for his consideration. He may elect to submit this form for filing in the Capital Budget Committee records. If so filed, this form will become a legislative record subject to public disclosure. Hawk's Landing QUAR J li'w Vy E � . _r ! w?►r��T i F_ --4Z w j • ••� Ili .� IL 11 • • it �S , / ! •a f � � z_ 7 '-• '�7IN a Ji.3-- W, y ?CI 2008 Kmg County r - : A • VAX, S u y Legend County Boundary Streets local Highways lllghway Parcels AManafs (cant) The information included on this map has been compiled by King County staff from a variety of sources and is subject 10 change without notice. King County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. This document is not intended for use as a survey product. King County shall not be liable for any general, special, indirect, incidental, or consequential LQ damages including, but not limited to, lost revenues or lost profits resulting from the use or misuse of the information contained on this map. Any sale of King County this map or information on this map is prohibited except by written permission of King County. Date: 10127/2008 Source: King County iMAP - Sensitive Areas (http://w .metrokc.govIG lS/i MAP) HAWKS LANDING HOTEL HAWKS LANDING HOTEL BARBEE MILL RESIDENTIAL COMMUNITY SEAHAWKS TRAINING FACILITY HAWKS LANDING HOTEL STRUCTURE: SQUARE FOOTAGE: HAWKS LANDING HOTEL 120.000 SQ. FT. WEST RESIDENTIAL TOWER 210,000 SQ. FT. NORTH OFFICE TOWER 192,000 SO. FT. SOUTH OFFICE TOWER 218.000 SQ. FT. MULTI -TENANT RETAIL 22,000 SQ. FT. TOTAL 762,000 SQ. FT. / / MASE I 1 PARKING: NO. OF STALLS: ,' / HAWKS LANDING H07 C1 HOTEL UNDERGROUND GARAGE 101 STALLS / 1 M,DDO SO. FT. RESIDENTIAL GARAGE 318 STALLS ' 5.STORIES I OFFICE TOWER GARAGE 843 STALLS / / SURFACE PARKING 138 STALLS e I TOTAL PARKING PROVIDED 1,400 STALLS/ 1 �� / / _ ♦W NORTH � TOWER I E PRELIMINARY ;11CREP7PLAN FOR E I?EVELOPMENT / `\ SOUTH TOWER 1 I O NIP ' HAWKS LANDING RENTON, WASHINGTON 3 _2 x F SITE PLAN SCALE: 1"=40'-0" JANUARY 15, 2009 PLANNING LEVEL CONSTRUCTION COST OPINION #153 Exit 7 - Lake Washington Boulevard Storm System Improvement Project (Hawks Landing) PROJECT: BASIN: East Lake Washington BY: John Featherstone DATE: 06/ 18,2009 CHECKED BY: M. Giseburt DATE: 2009 Unit Material Description Unit cost Quantity Amount 36" Storm Pipe LF $120.00 670 $ 80,000 CB Type II-54" EA $3,780 8 $ 30,000 Curb and gutter, cement and concrete LF $22.00 585 $ 13,000 Sidewalk (Pourous Concrete) SY $105 327 $ 34,000 Sidewalk Ramps - ADA EA $1,560 4 $ 6,200 Sod Replacement SF $ 1.20 10200 $ 12,000 Ditch hydroseed SF $0.75 2250 $ 1,700 Ditch excavation CY $25.00 14 $ 10,000 48" Culvert Improvement EA $12,937.50 1 $ 13,000 Detention Vault EA $135,000.00 1 $ 140.000 Water Quality Vault - p/t,) 3,�o w Yi t v/ EA $55,000.00 1 $ 55,000 Decorative Crossings _4.1 Atip.,aA_ EA $ 2,000.00 2 $ 4,000 Revise sewer crossings, 36" CP LF $ 115.00 140 $ 16,000 Revise sewer crossings, 60" dia MH EA $ 2,000.00 4 $ 8,000 Miscellaneous other items (Fiber Optic Reroute, Power Poles, and Gas Crossings) EA $ 80,000.00 1 $ 80,000 SUBTOTAL $ 502,900 Easement Re-linquish and Acquisition EA $ 20,000.00 1 $ 20,000 TESC, Dewatering, Baker Tank (2 weeks), Traffic Control Plan 10% $ 50,290 Miscellaneous minor city utility relocation EA $ 35,000.00 1 $ 35,000 OTHER ITEMS (Mob/Demob) AND CONTINGENCY 30% $ 150,870 Construction Subtotal $ 759,060 ENGINEERINGICONSTRUCTION MANAGEMENTIPERMITTING 25% $ 189,765 Project Subtotal $ 948,825 Project Subtotal (Rounded) $ 950,000 2008 Dollars Total Estimated Project Cost (Rounded) $ 950,000 Comments Assuming 75% markup for porous, based off Sedro Woolley 2006 project Assuming 24 SY per ramp Assuming 680' X 15'W sod replacement Assuming 15' wide ditch Assuming 30" avg depth Assuming 90 LF48" dia PVC + 25% Assuming $1 M/ac-ft of detention, 0.5 ac, 3" runoff Assuming Storm Filter -type cartridge system Assuming franchise agreement for all private utilities including Qwest, gas, fiber-optic, power. etc. Misc. city utilities include water main, lighting conduits 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 and 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. 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, � UR-, 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.pwb.wa.gov TABLE OF CONTENTS CONTRACTFACE 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 1.20. RECAPTURE PROVISION........................................................................................9 1.21. REDUCTION IN FUNDS...........................................................................................9 1.22. 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 12/21/2009 2009-2011 Direct -Appropriation 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 S. Contract Amount 6. Funding Source 7. Contract 8. Contract End Date Start Date 24 months from contract $1,700,000.00 Federal: ❑ State: 0 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 # 13. DUNS # 916001271 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 Date Print Name APPROVED AS TO FORM ONLY Title This 7Lh Day 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 12/2112009 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 12/21/2009 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 Policy. 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 12/21/2009 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 Terms 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 c. 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 12/21/2009 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 12/21/2009 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 43.21 C 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 12/21112009 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 Page 20 Attachment L Project Scope of Work LG09-951-121 12 212009 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 Page 21 Attachment I: Project Scope of Work LG09-951-121 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 Type of Funding Funding Source This Direct -Appropriation Washington State Public Works Board Grant Grants Grant #1 Grant #2 Grant #3 Total Grants Loans Loan #1 Loan #2 Loan #3 Total Loans Local Revenue Local Revenue #1 Local Revenue #2 Local Revenue #3 Total Local Revenue Other Funds Other Funds #1 Other Funds #2 Total Other Funds TOTAL PROJECT FUNDING Amount $1,700,000.00 S0.00 $0.00 _ J $0.00 $0.00 $0.00 $0.00 City of Renton Surface Water Utility $0.00 $0.00 $100,000.00 $0.00 $0.00 $100,000.00 $0.00 $0.00 $0.00 $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 CategoryAmount Engineering Report I $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 $0.00 Permits 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 $240,000.00 Other: Stormwater - design plans, specification, permit costs Other: Water Line - design engineering, plans, specifications $60,000.00 Other: $0.00 Other: -------- $0.00 i 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 Page 25 Attachment IV. Prevailing Wages Certification LG09-951-121 12/21/2009 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 I: 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,4PPLIC4EILE 0 �cEQ exempt project) DATE City of Renton Page 26 Attachment V LEED Certification 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. SIGNA URE Denis Law NAME Mayor TITLE DATE Attest: Bonnie I. Walton, City Clerk City of Renton Page 25 Attachment IV: Prevailing Wages Certification LG09-951-121 12/21/2009 2009-2011 Direct -Appropriation Contract 7�30 / C `i Washington State Public Works Board J 906 Columbia Street SW J Post Office Box 48319 Olympia, Washington 98504-8319 www.pwb.wa.gov 2009-2011 Grant Programs Direct -Appropriation Projects Contract Readiness Survey Project Title: Renton - Hawks Landing Grant Amount: $1,700,000 Instructions: Before you can receive grant funds, a contract will need to be executed between you (Grantee) and the Public Works Board (Board). Contract development generally takes two to three weeks once you have met our requirements. Please follow these steps to get the contracting process started: 1. Completely fill out the survey questions by typing your responses in the electronic version of this form; 2. Have the Grantee Certification (last page) signed by the person authorized to sign contracts for your organization; 3. Attach documentation for committed funds (copies of award letters, council appropriations, etc.), if applicable; 4. Fill out and have the LEED Certification Declaration form (attached) signed by both your architect (if applicable) and the person authorized to sign contracts; 5. Attach a copy of the project request form/packet that you submitted to legislature: 6. Attach a completed W-9 form (download form at www.irs.gov/pub/irs-pdf/fw9.pdf); 7. Compile and mail these documents to the address above, Attention Corina Grigoras. If you have any questions or need additional information, please contact Corina Grigoras at (360) 725-3160 or email her at Corina.Grigoras@pwb.wa.gov. Thank you for your assistance in making this contract -writing process as quick and easy as possible! SECTION 1. GENERAL INFORMATION 1.1 Grantee (Complete Legal Name) City of Renton 1.2 Type of Organization ❑ Publicly -Owned ❑ Private Non -Profit ❑ Tribal 1.3 Municipal Corporation Agency # (MCAG) 0 4 2 8 http://www.pwb.wa.gov/macg_listing.asp 1.4 Federal Tax ID # 9 1 - 6 0 0 1 2 7 1 1.5 Project Street Address , , WA - 1.6 Project Mailing Address 1055 S Grady Wy 6t" FI, Renton, WA 98059- 1.7 County King 1.8 Project GPS Coordinates (approximate Latitude (e.g., 45.3530) Longitude (e.g., 120.4510) center of where you will be working) 47.0000-120.8333 j 1 9 Current Population within Jurisdiction 80,708 Population Affected by This Project 80,708 1.10' Legislative District J 41st 1.11 Congressional District 111th 1.12 Which legislator(s) took the lead in Re Marcie Maxwell, Senator Margarita Prentice p' 9 introducing your appropriation? 1.13 Authorized Person to Sign Contract Mayor Denis Law Mailing Address (if different from project WA _ mailing address above) Telephone (425) 430-6591 Fax (425) 430-7300 Email sdaleestey@rentonwa.gov 1.14 Person Administering the Grant (once Suzanne Dale Estey contract is signed) Mailing Address (if different from project WA _ mailing address above) Telephone Fax ( ) - Email Public Works Board 2009-2011 Grant Programs Page 1 Direct -Appropriation Projects —Contract Readiness Survey Public Works Board 2009-2011 Grant Programs Page 2 Direct -Appropriation Projects --Contract Readiness Survey SECTION 2. PROJECT INFORMATION PROJECT DESCRIPTION 2.1 Please describe the project to be completed and its anticipated public benefit The Exit 7 Area Improvements Project/Hawks Landing Mixed Use Development is a proposed redevelopment of approximately 7.8 acres that has for decades been used as industrial land and warehouse space. Most recently it has been the site of Pan Abode Cedar Homes' manufacturing facility. The Exit 7 area is a gateway to the City of Renton and the current industrial land use detracts from Renton's vision of high -density, urban development. Additionally, the Hawks Landing development is across the street from Quendall Terminals, a contaminated 23-acre former industrial waste dumping grounds where creosote and coal tar were manufactured on the shores of Lake Washington between 1917-1969. This final of three major redevelopment areas at Port Quendall is a federal Environmental Protection Agency Superfund site. It is hoped that the Hawks Landing development will help stimulate the clean up and redevelopment of this large waterfront property. The Exit 7 Improvements area is also adjacent to May Creek, a Class 1 salmon -bearing stream. The State's investment will support environmentally sensitive infrastructure improvements that may not otherwise occur, ensuring the health of the creek by minimizing impacts and creating opportunities for public enjoyment. The proposed state investment in the Exit 7 Area Improvements Project would fund a series of water, sewer, 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 for major office location/relocation decisions: - City water line extension on Lake Washington Boulevard: In order to provide the needed fire protection to the proposed Exit 7 Area Improvements, including the Hawks Landing Project, an extension of approximately 1,250 feet of 12-inch diameter City water main will need to be installed within Lake Washington Boulevard, since there is currently no water line within this portion of the roadway. This state funding would help pay for the water line extension, at an estimated cost of approximately $500,000 or about $400 per linear foot. Extension of May Creek Trail: State funding would assist with the development of a soft surface trail along May Creek, at the southern boundary of the Hawks Landing development. The May Creek Trail would create a connection from Lake Washington to Cougar Mountain, a regional trail that will also connect Lake Washington to the Mountain to Sound Greenway System. Approximately 1,000 linear feet of trail could be developed for approximately $300,000, including design, mitigation, and permits. Property acquisition is estimated at an additional $1,750,000. - Storm drainage system along Lake Washington Boulevard: State funding would assist in the construction of storm system improvements to retrofit Lake Washington Blvd. to provide storm water flow control and water quality treatment for the existing roadway, as part of the project frontage improvements. This will to help to protect water quality, fish habitat in May Creek and help to reduce the potential for downstream flooding. The funding would also be used to install porous concrete sidewalks as a low-im, pactstorm water improvement feature. The facility would be sized for the public roadway and the Aawks Landing Project ,with the property owner donating the space for the facility, sia++ g inAhe cost_oUthe construction of the flow control and water quality treatment facility a— -maintenance of4he-facility as a public -private partnership. The improvements would include the construction of approximately 1,000 linear feet of public storm system alon�9 with the.� con§truction of a combined flow control and water quality treatment facility that has arVstimat6d 50,000 cubic feet of storage needed for the public runoff ! only. The additional facility size to serve the private development would be funded by the - — — - to �s t-,N1 v'_4,-_, tx a� >-L- Public Works Board 2009-2011 Grant Programs Page 3 Direct -Appropriation Projects —Contract Readiness Survey development. The estimated public share of the improvements is $700,000. 2) Public benefit of the project: The public will benefit from the continued redevelopment of this area and this significant gateway to Renton. Over 2,500 high wage jobs could be created in the mixed use development and increased revenue would be generated that could be reinvested in to the State as well as the Renton community for public services such as Police and Parks. The May Creek Trail connection from Lake Washington to Cougar Mountain, a regional trail that will also connect Lake Washington to the Mountain to Sound Greenway system, would also provide tremendous public benefit for the entire region. Is this project part of a larger, phased project? If YES, explain how this phase fits in the ® YES ❑ NC overall project. The first phase of the Hawks Landing project is a 174 room, five -story hotel with full -service restaurant, spa and retail amenities that is privately funded and will be branded to capitalize on its proximity to the Seattle Seahawks' new headquarters and training facility on Lake Washington. The Seahawks are anticipating completion of the hotel by Spring 2011 in order to accommodate their summer training camp, so construction of the hotel is expected to begin in early 201G: This State investment will help serve as a catalyst for the second and future phases of the rtiawks Landing development which might not otherwise occur in the near future, including a high -density, mixed -use retail and professional office complex. SITE CONTROL 2.3 Do you have control of the project site either through ownership or through a long-term lease (at least 15 years)? If NO, please explain and include the date you expect to have ® YES ❑ NO met this condition. IMPORTANT: Site control is required before we can begin writing the contract. G011r7R ^R r7y=(- _! 7 IVE nPDER 05.n5 1_0 n5.n51 Ct1LTi 17' L & HISTORICAL RESOURCES REVIEW (OR SECTION 106) 2.4 Does you project involve land acquisition, right-of-way, ground disturbance, or construction or rehabilitation of a building? If YES and your project includes only state and local funds, you will need to go through the EO 05-05 review process. If YES and your project includes federal funds, you will need to go through the Section 106 review process. EO 05-05 will not be sufficient. If NO, please explain. IMPORTANT: If EO 05-05 (or Section 106) applies to your project, you will need to complete this review before we can execute the contract. ® YES ❑ NO ' The EO 05-05 requires recipients of state funds to consult with interested parties, i.e., Department of Archaeology and Historic Preservation, and Indian Tribes, prior to starting project construction. If your project funding includes federal funds, Section 106 (National Historic Preservation Act) will be required, which supersedes the EO 05-05 review. These consultations should take place as early as possible in order to avoid delays in starting your project. If you have questions regarding the cultural and historic resources process, please contact Stephen Dunk at (360) 725-3157 or email him at Stephen. Dun k(a�pwb.wa.gov. Public Works Board 2009-2011 Grant Programs Page 4 Direct -Appropriation Projects —Contract Readiness Survey LEED (LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN) CERTIFICATION S Does your project include construction or renovation of a building or facility? ® YES ❑ NO If YES. indicate if you entered the LEED certification process with the goal of your facility obtaining the silver standard. IMPORTANT: As part of your contracting process, you are required to complete a LEED Certification Declaration form (attached). 2 SCOPE OF WORK 2.6 Describe all the activities and deliverables needed to accomplish this project. IMPORTANT: Provide a description of each activity along with the estimated start and end dates. Your Scope of Work must correspond with your Project Cost categories and will become part of your contract. 2 LEED is a certification program run by the U.S. Green Building Council. In 2005 the Washington State Legislature passed a law requiring all capital projects grant recipients to comply with the LEED standards (RCW 39.35D). The goal is for major construction or renovation projects receiving state funds to be built to the LEED silver standard where "practicable." Projects that fall under certain facility types and projects demonstrating that it would not "be practicable" to meet the LEED silver standard may qualify for a LEED exemption. Please refer to the attached LEED Certification Declaration form for more details. Public Works Board 2009-201 1 Grant Programs Page 5 Direct -Appropriation Projects —Contract Readiness Survey PROJECT COSTS Complete the Project Costs table below. A list of eligible and ineligible costs is attached at the end of this survey. IMPORTANT: Your Total Project Costs must equal your Total Funding in Question 2.8. The cost categories must correspond with the activities listed on your Scope of Work. The Project Cost table will become part of your contract. Please note that this is a reimbursement grant; only costs incurred after May 15, 2009, will be reimbursed. Cost Category ount Engineering Report Cultural and Historical Resources Review (Executive Order 05-05, Section 106) Environmental Review Land/Right-of-Way Acquisition Permits Public Involvement/information Bid Documents Construction Other: Other: Other: Other: Other: Other: • _1 P;;�*AFCT r.4ATS Public Works Board 2009-2011 Grant Programs Page 6 Direct -Appropriation Projects --Contract Readiness Survey PROJECT FUNDING 2,$ Complete the table below listing the amounts and funding sources for this project. State the status of your funding sources as follows: • Committed: funds are considered committed if a formal notice of approval for the funds is in place from the funding source Local Revenue must be in an approved budget or be appropriated by your council or commission to be considered committed. Attach documentation such as copies of award letters, council appropriations. etc. In -Hand: funds are considered in -hand if you have already received the funds. IMPORTANT: Your Total Project Funding must equal your Total Project Costs in Question 2.7. The Project Funding table will become part of your contract. You are required to have full funding for your project (or oroiect phase) by either havina the funds in -hand or by showina that the funds are committed. This Direct -Appropriation Grant Public Works Board Other Grants (State/Federal Agency or Organization) Other Grant #1 Other Grant #2 Other Grant #3 Total Other Grants Loans (State/Federal, Private Agency or Organization) Loan #1 Loan #2 Loan #3 Total Loans Local Revenue (Rates, General Fund, Levies, Reserves, Assessments, Appropriations, etc.) Local Revenue #1 Local Revenue #2 Local Revenue #3 Total Local Revenue Other Funds Other Funds #1 Other Funds #2 Committed PROJECT PERFORMANCE MEASURES 2.9 List the performance measures that best describe the benefit of your project. Explain how this project is expected to expand or improve the services you provide. IMPORTANT: These performance measures will become part of your contract. The performance measures must correspond with your Project Scope and will be the standard to which we will measure your project's progress. PROJECT COMPLETION 2.10 If the overall project will not be completed when these grant funds are used, describe: The tangible asset that will be provided to the public upon this phase of project completion (the portion funded by this grant); and b. The phases and schedule for completion of the overall project. Public Works Board 2009-2011 Grant Programs Page 7 Direct -Appropriation Projects —Contract Readiness Survey GRANTEE CERTIFICATION The Grantee certifies that The information and financial data provided in this document are true and correct to the best of their belief and knowledge and it is understood that Public Works Board staff may independently verify information, and that the discovery of incomplete, false, and/or misleading information is grounds for withholding awarded funds or termination of grant contract; Records supporting the information provided in this document are on file and will be made available by the Grantee upon request; There are no outstanding liens against this project; There is currently no litigation in existence seeking to enjoin the commencement or completion of the above -described project; and - The Grantee intends to enter into a grant contract with the Public Works Board, provided that the terms and conditions for a Public Works Board grant are satisfactory to both parties. Signed: Name: Title: Phone Number: Date: Attest: Public Works Board 2009-2011 Grant Programs Page 8 Direct -Appropriation Projects —Contract Readiness Survey Eliaible Costs Capital Budget funds may generally be used to pay for the following project expenses incurred as far back as May 15, 2009: • design, architectural, and engineering work; • building permits/fees; • archeological/historical review; • construction labor and materials; • demolition/site preparation; • capitalized equipment; ■ information technology infrastructure (cables and wiring); ■ construction management and observation (from external sources only)*; • initial furnishings**; • landscaping; • real property when purchased specifically for the project, and associated costs.*** Ineliaible Costs The following costs are not eligible for reimbursement under this program: • internal administrative activities; ■ project management (from any sources); • fundraising activities; • feasibility studies; • computers or office equipment; • rolling stock (such as vehicles); • lease payments for rental of equipment or facilities; • mortgages and property leases (including long-term); • the moving of equipment, furniture, etc., between facilities. * Construction management and observation, for the purpose of this program, is defined as on -site management and/or supervision of the work site and workers thereon. Construction management does not include work typically performed by off -site consultants or consultant organizations, grant writers, project managers, or employees of the grantee, unless the employee is hired solely and specifically to perform on -site construction management as defined above. ** Furnishings and equipment are considered eligible project costs as long as the average useful life of the item purchased is 13 years or more. *** Costs directly associated with property acquisition include appraisal fees, title opinions, surveying fees, real estate fees, title transfer taxes, easements of record, and legal expenses.