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within this timeline may result in your contract offer being withdrawn.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.....................................................................
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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
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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
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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
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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.
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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:
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.