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Council 10/13/2008
AGENDA RENTf t CITY COUNCIL *REVISED* REGULAR MEETING October 13, 2008 Monday, 7 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. SPECIAL PRESENTATIONS: a. Renton FilmFrenzy b. Public Works Department Employee Recognition 4. ADMINISTRATIVE REPORT 5. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer,please walk to the podium and state your name and city of residence for the record, SPELLING YOUR LAST NAME. NOTICE to all participants: pursuant to state law,RCW 42.17.130, campaigning for any ballot measure or candidate from the lectern during any portion of the council meeting, and particularly, during the audience comment portion of the meeting, is PROHIBITED. 6. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of 10/6/2008. Council concur. b. Development Services Division recommends acceptance of a deed of dedication for additional right-of-way at Union Ave.NE and NE 8th St. to fulfill a requirement of the Honeydew Elementary School Portables project(LUA-00-083). Council concur. c. Fire and Emergency Services Department recommends adoption of a resolution establishing an aspirational response time goal as required by RCW 35. Council concur. (See 8. for resolution.) d. Public Works Department recommends approval of a sole source contract in the amount of $51,354.61 with D&M Machine Division, Inc. to purchase a Slashbuster Model XL480 excavator mower attachment. Council concur. e. Transportation Systems Division recommends approval of Supplemental Agreement No. 1 to CAG-08-144,with Perteet, Inc., in the amount of$1,870,021 for additional design and construction management services for the SW 27th St./Strander Blvd. Extension project. Council concur. £ Transportation Systems Division recommends approval of a contract in the amount of$20,031 with WHPacific for construction support services for the Logan Ave N. Bike Lane project. Council concur. g. Transportation Systems Division requests approval of a deed of dedication, an Easement for Sight Distance, and an Agreement to Reconstruct Driveway(ARD)with King County;required for widening of Coal Creek Parkway SE and in order to construct the new access to May Creek Park. Council concur. (CONTINUED ON REVERSE SIDE) 7. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk(*)may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. ,, a. Finance Committee: Vouchers; Gambling Tax Revenue*; Financial Management Policies b. Planning&Development Committee: Open Referrals Clean-up* 8. RESOLUTIONS AND ORDINANCES * Resolutions: Establishing a Fire and Emergency Services Department aspirational response time goal (See 6.c.) * Opposing State Initiative Measure No. 985 regarding transportation Ordinance for first reading: Amending gambling tax regulations(See 7.a.) Ordinance for second and final reading: Adopting highway access management permitting standards(1st reading 10/6/2008) 9. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 10. AUDIENCE COMMENT 11. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) 7th Floor Council Chambers 6:00 p.m. 2009 Capital Budget Priorities; Touchdowns Sports Bar&Grill Public Safety Concerns • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE-CABLECAST TUES.&THURS.AT 11 AM&9 PM,WED.&FRI.AT 9 AM&7 PM AND SAT.&SUN.AT 1 PM&9 PM 4 CITY OF RENTON COUNCIL AGENDA BILL AI#: (P tar Submitting Data: Community and Economic For Agenda of: October 13, 2008 Development Dept/Div/Board.. Development Services Division Staff Contact Arneta Henninger X7298 Agenda Status Consent X Subject: Public Hearing.. Acceptance of right-of-way located at Union Ave NE Correspondence Ordinance and NE 8th St to be dedicated to the City of Renton Resolution Old Business Exhibits: New Business Deed of Dedication with legal description and sketch Study Sessions Vicinity Map Information Recommended Action: Approvals: Council concur Legal Dept X Finance Dept Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The recommendation is for approval of the dedication of the lot corner at the intersection of Union Ave NE and NE 8th St. This requirement was triggered by the offsite improvements process of LUA 00-083. STAFF RECOMMENDATION: Accept the Deed of Dedication of the additional right-of-way and authorize the Mayor and City Clerk to sign and record the Deed of Dedication. Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton,WA 98057 DEED OF DEDICATION Property Tax Parcel Number: 102305-9007 102305-9121 Project File#:J 3 g-Q 5 Street Intersection: Union Avenue and NE 86 Street Reference Number(s)of Documents assigned or released:Additional reference numbers are on page Grantor(s): Grantee(s): 1. Renton School District#403 1. City of Renton, a Municipal Corporation Abbreviated Legal Description (complete legal description on page 2): A PORTION OF THE S1/2,S1/2,SW 1/4,NW1/4,SECTION 10,T23N,RO5E,W.M. The Grantor,for and in consideration of mutual benefits conveys,quit claims,dedicates and donates to the Grantee(s)as named above,the above described real estate situated in the County of King,State of Washington. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. Approved and Accepted By: Grantors . Grantee(s): City of Renton Mayor /11e-24,a ,‘" City Clerk Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING.04111111100 O igs y• AE 114, I certify that I know or have satisfactory evidence that 12Lo ., 5 �� �� ++„ Q' - l?tooiA E}h E U? l"i e(45 t.h L-, signed this instrument,on oath +�, stated that hWshe/they was/were authorized to execute the instrument and ? hOT I acknowledged it as the c_Lt t.{-WG PlYts-t-e( and S �a't n9 er,ele,tij ���•. of Renton School District#403 to be the free and voluntary act of such party/parties '40/1.<<i for the uses and purposes mentioned in the instrument. r 44/ --72„ PA1A" Notary Public in and for the State of Washington Notary (Print) 711 e_cre.sG.- h') . e— My appointment expires: -- cn,. h,_fi t/ /2,r 2G 00 Dated: j n .l A.—r M/ .2 7 2 G O X 'Nor is\esm jobs\246\14\005\document\legal-004.doc Page 1 FORM 04 0001/bh Project: Honey Dew Elementary School Exhibit A WO# PID Legal Description GRANTOR: Renton School District#403 Street: Union Avenue and NE 8`h Street That portion of the south half of the south half of the southwest quarter of the northwest quarter of Section 10,Township 23 North, Range 5 East, W.M., in the City of Renton, King County,Washington, more particularly described as follows: COMMENCING at the southwest corner of said northwest quarter of Section 10, said point being a 1-1/2" brass disc with a punch mark, set in concrete in a cast iron monument case; THENCE along the west line thereof, N 00°25'08" W, 53.03 feet; THENCE leaving said west line, N 89°34'52" E, 30.00 feet to the TRUE POINT OF BEGINNING, lying on the East margin of Union Avenue NE; THENCE S 00°25'08" E, 24.11 feet along said East margin to the North margin of NE 8th Street; THENCE S 88°20'03" E, 24.11 feet along said North margin to a point of cusp with a tangent curve concave to the NE having a radius of 25.00 feet; THENCE northwesterly 38.36 feet along the arc of said tangent curve through a *ad central angle of 87°54'55" to the TRUE POINT OF BEGINNING. See attached Exhibit B ) //1/0 5_I S 'e ti �k4I P Li • tr l EXPIRES i/! 0C is\esm jobs\246\14\005\document\legal-004.doc Page 2 FORM 04 0001/bh } ,'IMlrr EXHIBIT B TO ACCOMPANY LEGAL DESCRIPTION FOR n RIGHT-OF--WAY DEDICATION A PORTION OF THE SW 1/4 OF THE NW 1/4 OF SECTION 10, TWP. 23 N., RGE. 05 E., W.M., CITY OF RENTON, KING COUNTY, WASHINGTON II SCALE: 1"=40' 5' EASEMENT FOR THE CONSTRUCTION AND MAINTENCE OF ROAD SLOPES AND SIDEWALKS AFN 17107270553C AND 17107270554 30' ( ( 10' EASEMENT FOR PUBLIC UTILITES. "0 hP"' INCLUDING SEWER AND WATER AFN W 117912170518 D 'NewW 0 LINE TABLE > P Q N I LINE BEARING LENGTH z o ( L1 N 00'25'08" W 53.03 =87 54'S5° L2 N 89'34'52" E 30.00 • 0 z Z L? R=25 00' L3 N 00'25'08" W 24.11 1 i L=38 36' L4 N 88'20'03" W 24.11 I M J -L4 - N.E. 8TH STREET o Po 9 10 N 88'20'0.3" W CONSULTING ENGINEERS LLC 33915 1st Way South#200 I t:;1 I { I ell 246\014\005\EXHIBITS\SR-01.DWG Federal Way,WA 98003 JOB NO. 246/014/005 rEOCRAL MAY 21 6J6-end DRAWING NAME : SR-01 415-6144 www.esmcivil.com iuinseunc 500J 962-266a6 DATE : 08/26/07 DRAWN . M R.B./B.R S Civil Engineering Land Surveying Land Planning SHEET 1 OF 1 Public Works I Project Management I Landscape Architecture t 1 1 I { 1 \,_� i „,s,,I r A. i -T-T , ----- , NE 11th St _ o�Ai � i I �- � y ��r l F]�11th t L '> .1 . 1 1 I_ -r 1 -� a 1 I I i N N� ! w NE 10th PI °\ / r Z 1DAtc,t. T_Tacoma ve N ‘0 . \,,,,,,),, ,,, ,- ! j_ zi \/ ZI ,m: I. 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Ordinance Resolution X Old Business Exhibits: Issue Paper New Business City Map Resolution Study Sessions Information Recommended Action: Council Concur Approvals: Legal Dept X Finance Dept Other I Fiscal Impact: Expenditure Required... None Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The Fire & Emergency Services Department is seeking adoption of an aspirational response time goal as required by RCW 35. The goal would be to respond, in a non-disaster situation and under current funding, staffing and equipment, to 90% of the emergency service calls in the current service area within 7-1/2 minutes. STAFF RECOMMENDATION: Adopt a Resolution establishing an aspirational response time goal for the Renton Fire & Emergency Services Department. �ti`SY " FIRE & EMERGENCY ® , SERVICES DEPARTMENT MEMORANDUM DATE: September 25, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: ��U Denis Law, Mayor FROM: I. David Daniels, Fire Chief/Emergency Services Administrator STAFF CONTACT: Mark Peterson, Deputy Fire Chief SUBJECT: Aspirational Response Time Resolution Issue The Fire and Emergency Services Department is required, on an annual, basis to provide a written report outlining our service delivery in response times. As a part of this reporting, the City is mandated by RCW 35.103.030, Section. 4, to establish performance objectives of not less than 90 percent for the achievement of response time objectives. Currently, the City has not adopted or codified a response time goal as required by the ""..' RCW. Background In 2005, the Washington State Legislature passed into law Substitute House Bill 1756. This law, which is codified in Title 35 of the RCW, mandates the establishment of response time objectives. Beginning in 2007, every city and town in the state must issue a written report outlining their fire department response time objectives measured against an adopted standard. The statute requires that all measures of fire department response time be evaluated in "fractal"times, or the percentage of time the standard will be achieved. RECOMMENDATION Staff recommends that the City of Renton Council concur and adopt the Resolution regarding aspirational response time. 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WHEREAS, the Renton Fire and Emergency Services Department responds to emergency calls throughout the City of Renton; and WHEREAS, within the great majority of the City, as outlined on the map attached hereto as Exhibit "A" , the Fire and Emergency Services Department has been able to respond to 90% of the emergency services calls within 7 '/z minutes of notification of that call by Valley Communications Services or otherwise; and WHEREAS, with the maintenance of the current level of funding, staffing and equipment, in non-emergency situations, the Fire and Emergency Services Department aspires to continue this exemplary level of emergency response; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. It is hereby established that the Renton Fire and Emergency Services Department aspires, in a non-disaster situation, under current conditions of funding, staffing and equipment, to respond to 90% of the emergency services calls within 7 1/4 minutes within the territory shown on Exhibit "A". PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk 1 RESOLUTION NO. APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1361:9/23/08:scr Ned Nord r CITY OF RENTON COUNCIL AGENDA BILL 117 I AI#: ode Submitting Data: Public Works Department For Agenda of: October 13, 2008 .! Dept/Div/Board.. Maintenance Services Division Staff Contact Michael Stenhouse/Dave Hohn Agenda Status (ext. 7400) Consent X Subject: Public Hearing.. Authorization for Sole Source Purchase of a Correspondence.. Slashbuster Model XL 480 Excavator Mower Ordinance Attachment Resolution Old Business Exhibits: New Business X Issue Paper Study Sessions D&M Machine Division, Inc. Information Recommended Action: Approvals: Council Concur Legal Dept Finance Dept X Other Fiscal Impact: 501.000000.019.5480.0060.64.000000 Expenditure Required... $51,354.61 Transfer/Amendment Amount Budgeted $51,354.61 Revenue Generated Total Project Budget $51,354.61 City Share Total Project.. SUMMARY OF ACTION: The Maintenance Services Division has budgeted the purchase of a Slashbuster Model XL480 excavator mower attachment in order to maintain service levels within the recently annexed Benson Hill area. This amount was budgeted through the 2008 Benson Hills Annexation budget. This attachment will greatly improve the efficiency and care of the detention and retention ponds associated with the Benson Hill annexation. City Purchasing Policy 250-02 includes provisions for sole source contracts in cases in which only one supplier can provide the needed equipment. D&M Machine Division, Inc. is the manufacturer of the Slashbuster. In order to install this device on the excavator, it must be taken to the manufacturer for initial installation. D&M Machine Division, Inc. is an in-state company. The purchasing policies require that for sole source contracts over $20,000, the Mayor's authorization is required and also Council approval by consent agenda. STAFF RECOMMENDATION: Authorize purchase of the Slashbuster Model XL480 excavator mower attachment from D&M Machine Division, Inc. located in Montesano, WA. vtiCv 0 PUBLIC WORKS DEPARTMENT MEMORANDUM • NT DATE: September 26, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: k , Denis Law, Mayor FROM: Gregg Zimmerma ,;i' ..lic Works Administrator STAFF CONTACT: Dave Hohn, Fleet Maintenance Manager, ext. 7440 SUBJECT: Authorization for Sole Source Purchase of a Slashbuster Model XL480 Excavator Mower Attachment ISSUE: Should Council authorize the purchase of a Slashbuster Model XL480 excavator mower attachment from D&M Machine Division Inc., as a sole source purchase? RECOMMENDATION: Authorize the purchase of the Slashbuster Model XL480 excavator mower attachment from D&M Machine Division Inc., as a sole source purchase. BACKGROUND: The Maintenance Services Division 2008 Benson Hill Annexation budget includes funds to purchase an excavator and mowing attachment in order to maintain service levels within the newly annexed area. The City of Renton Purchasing Policy 250-02, includes provisions for sole source contracts in cases in which only one supplier can provide the needed equipment because of its unique features. The Slashbuster Model XL480 was designed to work with the excavator the City purchased for the annexation. The purchasing policies require that for sole source contracts over $20,000, the Mayor's authorization is required and also Council approval by consent agenda. The Maintenance Services Division has requested to purchase the Slashbuster Model XL480 mower attachment from D&M Machine Division, Inc. It is a sole source supplier located in Washington State with several patents on its products. The purchase of the Slashbuster Model XL480 will greatly improve the efficiency and care of the detention and retention ponds associated with the Benson Hill annexation. cc: Iwen Wang,Finance/IS Administrator "" Michael Stenhouse,Maintenance Service Director ti D & M Machine Division Inc. "SLASHBUSTER"®REGISTERED U.S.PATENT AND TRADEMARK OFFICE 12 MONTE-BRADY ROAD—MONTESANO, WASHINGTON 98563 FAX: 360 249 1171 PHONE: 360 249 3366 CITY OF RENTON WA September 26, 2008 3555 NE 2ND ST RENTON WA 98056 ATTN: DAVE HOHN dhohn@ci.renton.wa.us REF: "SLASHBUSTER"® DAVE, ALL "SLASHBUSTER"® PRODUCTS TO INCLUDE THE MODEL XL480 THAT YOU HAVE INQUIRED ABOUT ARE MANUFACTURED BY D&M MACHINE LOCATED IN MONTESANO, WA. D&M MACHINE HAS BEEN MANUFACTURING THE "SLASHBUSTER"® PRODUCTS FOR IN EXCESS OF 20 YEARS NOW. THE TERM "SLASHBUSTER"® IS A REGISTERED TRADE MARK WITH OUR COMPANY THAT HELPS DISTINGUISH IT FROM OTHER PRODUCTS. WE PROTECT SEVERAL PATENTS ON OUR PRODUCTS AND KNOW OF NO OTHER MANUFACTURER THAT BUILDS BRUSH CUTTERS LIKE WE DO. WE TRULY ARE A SOLE SOURCE SUPPLIER LOCATED IN WASHINGTON STATE. I AM AVAILABLE FOR MORE INFORMATION AS YOU DEEM NECESSARY. SIMPLY CONTACT ME. WITH REGARDS, DICK GOLDY D&M MACHINE DIV. MONTESANO, WA 360 249 3366 dick@slashbuster.com www.slashbuster.com CITY OF RENTON COUNCIL AGENDA BILL '/400." AI#: (1, 0 e7 Submitting Data: Public Works Department For Agenda of: Dept/Div/Board.. Transportation Systems Division October 13, 2008 Staff Contact Peter Hahn, Deputy PW Agenda Status Administrator - Transportation x7242 Consent X Subject: Public Hearing.. Correspondence.. SW 27th Street/Strander Boulevard Extension Project Ordinance Design Services for Phase 2, Perteet, Inc. Resolution Supplemental Agreement#1 to CAG 08-144 Old Business Exhibits: Issue Paper New Business....... X Supplemental Agreement#1 Study Sessions TIP #8 (2009-2014) Information Recommended Action: Approvals: Legal Dept X Council Concur Finance Dept Fiscal Impact: (Fund 317.12308) Expenditure Required... $ 1,870,021 Transfer/Amendment Amount Budgeted $ 10,080,000 (2008) Revenue Generated Total Project Budget $ 18,290,000 (Phase 2) City Share Total Project.. SUMMARY OF ACTION: The supplemental agreement provides additional design services and construction management not provided in the original contract for the realignment of the Union Pacific Railroad, called phases 2A and 2B of the SW 27th/Strander Boulevard Extension Project. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the supplemental agreement with Perteet, Inc. in the amount of$1,870,021.00. H:\Divisions\TRANSPORTAT\DESIGN.ENG\Rob\Strander Boulevard Extension\Contract\Contract#2\Supplement#11Agenda Bill for Supplement#1 081001.doc no,e PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: October 13, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayor -CapFROM: Gregg ZimmermaGAministrator STAFF CONTACT: Robert Hanson, Transportation Design Supervisor, x7223 SUBJECT: SW 27th Street/Strander Boulevard Extension Project Design Services for Phase 2, Perteet, Inc. Supplemental Agreement #1 to CAG 08-144 ISSUE: Should Council authorize the Mayor and City Clerk to execute the supplemental agreement with Perteet, Inc. in the amount of$1,870,021 for the SW 27th Street/Strander Boulevard Extension Project? RECOMMENDATION: Authorize the Mayor and City Clerk to execute the supplemental agreement with Perteet, Inc. in the amount of$1,870,021.00. BACKGROUND: The original contract provided 100 percent design plans and specifications for the relocation of the Union Pacific Railroad, called Phase 2. Phase 2 involves relocating the existing Union Pacific Railroad (UP) to a new track alignment alongside the BNSF property. The relocation of the UP track allows SW 27th Street/Strander Boulevard to be built with a shorter overpass/underpass structure along SW 27th Street. Various design issues have surfaced from the beginning of the design and were not anticipated in the original contract. The supplemental agreement provides additional design services to cover the following: Marcie Palmer, Council President Members of the Renton City Council October 13, 2008 Page 2 of 2 • Geotechnical and structural design for a railroad bridge structure at Longacres Way • Geotechnical and structural design for a railroad bridge structure at a new pedestrian crossing for the future Sound Transit Station location • Geotechnical and structural design for a structure to protect the Seattle Public Utilities Water Line • Geotechnical and structural design for a structure to protect the Metro Sanitary Sewer Line • Geotechnical and structural design for a retaining wall along the west side of the Union Pacific Railroad tracks north of Longacres Way (approximately 890 feet) • Designing and relocating the existing private utilities within the existing Union Pacific Railroad to the new railroad right-of-way • Securing Temporary Easements from WSDOT, City of Seattle, City of Tukwila, Maestro Properties, BNSF Railroad, Union Pacific Railroad, and The Boeing Company • Coordinate and secure transfer of properties between all parties listed above • Split Phase 2 into two sets of construction documents • Phase 2A - Embankment fill for the railroad, anticipated to be done by Maestro Properties as part of an agreement with the City • Phase 2B - All structure work, fmal track ballast and grading, relocating the tracks, and relocating communication facilities to the new alignment The supplemental agreement also includes construction management support to provide inspection and geotechnical services for Phase 2A. cc: Robert Lochmiller,Transportation Design Project Manager File 44111109 h:\division.s\transpor.tat\design.eng\rob\strander boulevard extension\contract\contract#2\supplement#1\issue paper 081001.doc V'_ Washington State Department of Transportation Supplemental Agreement Organization and Address pp 9 Perteet, Inc. Number 1 2707 Colby Avenue, Suite 900 Everett,WA 98201 Original Agreement Number Phone: (425) 252-7700 Project Number Execution Date Completion Date September 8, 2008 December 31, 2009 Project Title New Maximum Amount Payable SW 27th/Strander Blvd. Extension Union $ 2,139,956 Pacific Railroad Realignment Phases 2A and 2B Description of Work This phase of the project will complete all contract plan documents and construct the realignment of the Union Pacific Railroad. Associated with the track realignment will be the preparation of right-of-way plans for the railroad right-of-way,wetland mitigation and associated permit, and coordination of the utilities within the railroad right-of-way. The Local Agency of City of Renton desires to supplement the agreement entered into with Perteet, Inc. and executed on September 8, 2008 and identified as Agreement No. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: The original scope of services is amended to include additional services as described in detail in the attached Exhibit"A"-Scope of Services. II Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: December 31, 2009 Section V, PAYMENT, shall be amended as follows: Additional services described in Exhibit"A"will cause an increase to the contract in the amount of One Million Eight Hundred Seventy Thousand Twenty-One Dollars ($1,870,021),which includes a management reserve amount of One Hundred Seventy Thousand andTwo Dollars ($170,002)as shown in the attached Exhibit"E"for a new Maximum Amount Payable of Two Million One Hundred Thirty-Nine Thousand Nine Hundred Fifty-Six Dollars ($2,139,956). If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. By: Perte By: Kris iljeblad, Director of Planning for Approving Authority Signature Kevin E.Weed, President Date City of Renton-SW 27th/Strander Blvd. Extension Supplemental Agreement No. I J\Trans Dcsign\22044-Str nderBlvd\005-SW 27th\Contracts\Supp I_09-19-08.doc Page 1 Exhibit"A" Scope of Services City of Renton SW 27th/Strander Boulevard Extension Union pacific railroad realignment—Phases 2a and 2B INTRODUCTION This work effort (Work Order 4) was identified as requiring a supplement in the original SW 27th/Strander Boulevard Extension agreement. This phase of the project will complete all contract plan documents for construction(construction will be by others) for the realignment of the Union Pacific Railroad. This work effort also includes construction inspection for Phase 2a. Associated with the track realignment will be the preparation of right-of-way plans for the railroad right-of-way, wetland mitigation, and coordination of the utilities within the railroad right-of-way. It also covers supplementing the approved NEPA Environmental Classification Summary (ECS) to cover the addition of Transit Queue jump lanes at the signalized intersections along SW 27th/Strander Blvd. GENERAL SCOPE OF SERVICES This scope of work includes preparation of contract documents by the Consultant including plans, specifications, and estimates (PS&E) for the final design of relocating the Union Pacific *4460 Railroad (UPRR) tracks. The final design will be based on the 30%plans prepared for the City of Renton in July, 2004. At the option of the City, the Consultant may be asked to provide construction management services for some or all of the construction contracts. WORK ORDER 4—PLANS, SPECIFICATIONS, AND ESTIMATES FOR PHASES 2A AND 2B 1.0 PROJECT MANAGEMENT 1.1 Provide continuous project management administration (billing invoices, monthly progress reports, consultant/subconsultant coordination) throughout this phase of the project's duration. 1.2 Prepare, monitor, and update project schedule. The Schedule will be developed using MS Project 2000. Monitor project budget. 1.3 Attend bi-weekly coordination/discussion meetings with key City staff, and attend other meetings as requested. A total of 13 meetings not included elsewhere in this scope are anticipated. Prepare and distribute meeting minutes. 1.4 Prepare a work plan at the start of project for the project including communication *1000 plan, deliverables,quality control plan, and procedures for change management. City of Renton—SW 27th/Strander Blvd. Extension Supplemental Agreement No. 1 J:\Trans Design\22044-StranderBlvd\005-SW 27th\Contracts\Supp 1_09-19-08.doc Page 2 1.5 Prepare independent QA/QC plan reviews of PS&E submittals (60%, 90% and final) by senior staff. 1.6 Conduct in-house technical reviews at the 60%, 90%, and final levels, separate from and a minimum of one week prior to the plan reviews to analyze constructability and correlate plans and reports with the intent of the project and this scope of services. These reviews will be conducted with principal staff members. 2.0 UTILITY DESIGN & COORDINATION 2.1 The Consultant will coordinate with the known public and private utilities along and across the railroad right-of-way. The various utilities located within the existing UPRR right-of-way will be responsible for designing and relocating their facilities to the new right-of-way. The Consultant will provide basemaps in AutoCAD format to facilitate their relocation efforts. Items in this task may include: • Preparing and maintaining a utility coordination checklist. • Coordinating and attending up to (3) coordination meetings and (8) individual meetings with franchises and prepare meeting minutes. • Identifying potential utility conflicts and pothole locations (Note: potholing will be provided by the utility franchises). • Incorporate utility information into the plans as required for clarification. • Meet with utility companies and the City to resolve individual conflicts by either design revision or utility relocation. 2.2 The Consultant shall coordinate with Seattle Public Utility on the protection of their water mains crossing through the railroad right-of-way. It is anticipated that the existing water mains will be protected by a concrete slab that will be designed and constructed as part of this contract. 3.0 AGENCY COORDINATION This element of the work includes efforts to coordinate the project development with known key stakeholders. Known key stakeholders include the City of Renton, the City of Tukwila, Sound Transit, BNSF Railway, Union Pacific Railroad(UPRR), Mastro Properties, and the Boeing Company. • Assist the City in coordination with the key stakeholders within the project vicinity. A total of 10 meetings is are assumed City of Renton—SW 27th/Strander Blvd. Extension Supplemental Agreement No. 1 I:\Trans Dcsign\22044-StrandcrBIvd\00S-SW 27th\Contraas\Supp I_09-19- 8 doc Page 3 • Facilitate one session to be attended by all known key project stakeholders. The purpose of this meeting is to bring the stakeholders up to speed on the project status and to determine issues, procedures, and processes to be followed in development of the project • Meet individually with representatives of the key stakeholders, and with representatives of each of the developed private properties to keep them informed of the project progress and to coordinate construction efforts. • The Consultant will coordinate with the UPRR on both a local staff level and the corporate level. This contract assumes two meeting at UPRR Corporate in Omaha, Nebraska and up to four meetings at UPRR regional offices in Portland, Oregon Coordination meetings with the railroads will also include structural, right-of-way, utility, easements/permits, and other issues related to the project that may require railroad review and approval. • Coordinate with Sound Transit for a Temporary Construction Easement on Sound Transit's property for the purpose of depositing material for the ultimate relocation of the UPRR tracks. • Facilitate an Exchange Agreement between Sound Transit and UPRR for the relocation of the existing UPRR tracks. • Facilitate the appraisal update on 5.59 acres owned by the City of Tukwila that was previously appraised by The Appraisal Group of the Northwest. • Facilitate an agreement between a Tukwila developer(Mastro Properties) who owns the property north of the existing Sound Transit property and the City of Renton, regarding property rights associated with the future relocation of the existing UPRR tracks on property which will be owned by the City of Renton. 4.0 GEOTECHNICAL SERVICES (Shannon & Wilson) 4.1 Settlement Plate Locations and Specifications Review Shannon & Wilson will review the proposed settlement plate locations and specifications provided by Perteet. Comments will be discussed with Perteet via telephone and/or e-mail. A comment summary will be provided via e-mail. 4.2 Analysis of Potential Settlement at Utility Crossings The purpose of the utility crossing settlement analysis will be to approximate how close the first and second fill stages can be placed to the existing utilities while maintaining their integrity. Ground and/or structural improvements will then be added to the models. Previously completed field explorations and laboratory testing will be used to characterize the subsurface conditions at the utility crossings. Additional field explorations and testing may be required for future phases of work. The four utilities consist of one 36-inch-diameter sanitary sewer, one 12-inch-diameter gas line, one 18-inch-diameter gas line, and one 60-inch- diameter water line. The sanitary sewer and two gas lines cross at about Station 423+00. The sanitary sewer has an invert elevation of about 5.3 feet(NAVD88); therefore, the pipe crown is about 21 feet below grade. The top of the gas lines are about 5 feet below grade. The water line crosses the embankment alignment NIS at about Station 427+50; the top of the pipe is about 4 feet below grade. This City of Renton—SW 27th/Strander Blvd. Extension Supplemental Agreement No. 1 1:\Trans Dcsign\22044-StrandcrB lvd\OOS-SW 27th\Contra ts\Supp 1_09-19-08.doc Page 4 scope does not include analyzing deep foundation capacities at the utility crossings. Settlement analyses will be performed at Stations 423+00 and 427+50. Hand calculations and spreadsheets for elastic and consolidation settlements were used for the general embankment settlement estimates included in the September 2007 design report. The first stage fill heights will be 7 and 10 feet at Stations 423+00 and 427+50, respectively. A two-dimensional finite difference program called FLAC will be used to analyze potential ground deformations due to the two-stage embankment fill placement. The FLAC program, which is more analysis- intensive,would be used for this task to refine the ground deformation estimates at the settlement-sensitive utility crossings. Because the embankment is expected to cause about 1 foot of settlement, Shannon & Wilson anticipate that the fill embankment construction would be restricted to a relatively significant distance away from the utility crossings to maintain a total utility settlement of%2 inch. A large fill setback may not be practical for the construction timeline and the fill will need to be placed near and/or overtop the utilities eventually. Therefore, Shannon & Wilson assumes that ground improvement and/or structural improvement may be utilized to reduce total settlements in the vicinity of the utility crossings while allowing the fill embankment to be constructed. To this end, Shannon & Wilson have included additional time in the analysis for incorporating ground and/or structural improvement features in the FLAC analysis. The crossings will also be analyzed perpendicular to the embankment alignment to provide an indication of the settlement as a function of distance from the embankment. Our analysis will include various horizontal distances between the embankment fill and the existing utility pipelines for the first and second stages of fill placement, ground improvement and structural improvement. The analysis will also include the estimated settlements at the ground surface and top and invert of each pipeline. Shannon& Wilson understand that the total settlement tolerance at each of the four utilities is V2 inch, and that there is no differential settlement tolerance criterion. Shannon & Wilson will keep Perteet apprised of the interim results as they become available. 4.3 Fill Retaining Wall Analysis Shannon& Wilson understand that the proposed fill retaining wall will average 5 feet in height, but will have a maximum height of 10 feet. The wall will extend from approximate Station 438+00 to 449+00. The embankment will slope above the proposed retaining wall. Because of the soft/loose soil conditions and anticipated settlements under embankment loading, a mechanically-stabilized earth wall (MSEW) will likely be required. MSEWs are able to withstand settlements and differential settlements better than a stiff wall such as a cast-in- place concrete wall. Shannon& Wilson will provide a lateral pressure diagram, general MSEW design criteria, wall drainage recommendations, and feasible wall facing options. Shannon& Wilson will perform global slope stability analyses on two wall cross City of Renton—SW 27th/Strander Blvd. Extension Supplemental Agreement No. 1 1:\Trans Design\22044-StranderBlvd\005-SW 27th\Contracts\Supp 1_09-19-08.doc Page 5 sections to determine the minimum required MSEW reinforcing length. This scope does not include design of the MSEW, only general recommendations and is global stability analyses. The results will be summarized in the letter report(task 5.5). ` 4.4 Letter Report for Estimated Settlement at Utility Crossings Shannon& Wilson will prepare a brief letter report describing the analysis, conclusions, and recommendations regarding the embankment fill-induced settlement and potential ground improvement requirements at the utility crossings, and the MSEW recommendations and conclusions. Seven hard copies and one pdf file of the letter report will be provided. The information in the letter report will be incorporated into the finalized geotechnical report for the UPRR relocation; this will be performed under a separate task. • 4.5 Project Management and Meetings This scope of work assumes project duration of 2 to 3 months. The settlement plate locations and specification review will be completed within 2 weeks of notice to proceed. In addition to project management, monthly progress reports will be prepared and included in the monthly invoices. The Shannon& Wilson project manager and project engineer will attend two design meetings at the City of Renton. Shannon & Wilson assumes that each meeting will last 4 hours including travel time. These meetings would occur sometime during the two to three month work phase. ASSUMPTIONS: Shannon & Wilson will finalize the September 2007 geotechnical report for the UPRR relocation and perform geotechnical investigations and analysis for the Strander Boulevard bridge overcrossing under a separate task. Shannon & Wilson will also perform environmental explorations, testing, and reporting for the existing UPRR embankment under a separate task. 5.0 RIGHT-OF-WAY PLAN PREPATION There is no additional right of way plan preparation work associated with this scope. 6.0 WETLAND MITIGATION/PERMITTING To be provided by the City of Renton: The CITY will provide environmental permits and approvals necessary for construction of the project. • Joint Aquatic Resource Permit Application(JARPA) - Washington Department of City of Renton—SW 27th/Strander Blvd. Extension Supplemental Agreement No- 1 J:\Trans Dcsign\22044-StrandaB Ivd\005-SW 27th\Contrads\Supp 1_09-19-08.doc Page 6 Ecology (Ecology) and U.S. Army Corps of Engineers (Corps). • Updated Biological Evaluation - U.S. Army Corps of Engineers, Endangered Species Act compliance. The CITY will coordinate with the resource agencies to ensure creation of a mitigation plan that will satisfy CITY and agency requirements. The CITY will request a letter of jurisdictional determination/concurrence from the Corps for the current wetland delineation early in this process. The level of mitigation will be based on the CITY Code and the Washington Department of Fish & Wildlife (WDFW) and the Ecology mitigation recommendations. This work may include coordination with the WDFW, Ecology, and/or the Corps to provide a better understanding of what mitigation approach will be necessary to gain approval. 7.0 CONTRACT PLANS AND SPECIFICATIONS The railroad relocation will be phased for two construction contracts. Phase 2a will construct the railroad embankment and allow settlement for 6-8 months. Phase 2b will include final shaping, structures, rail relocation, and stormwater design to complete the UPRR relocation. Plans for each phase will be submitted in three submittals, 60%, 90%, and Final. It is assumed that the plans will fit on five "base sheets", utilizing 22" by 34" sheets at 1-inch= 50-inch scale and will be based upon 30%plans prepared previously. The 60% plans will include plan and profiles of the track work. At the 90%submittal, the set will include a summary of quantities and specifications. The 90% submittal will be a complete set of documents, ready for construction with only minor revisions and edits needed. Final contract plans and document will be submitted as one set of camera ready plans and specifications provided to the City for use in reproduction. ASSUMPTIONS Certain assumptions have been made in the preparation of this scope of services. They are summarized as follows: • Contractor forces will perform all construction except for track and signal/communication work within railroad rights-of-way. • Final engineering, design, and construction required to relocate fiber optic cables that may be impacted by this project are not included in this agreement. This work will be done by the respective utilities. • Track improvements will be designed in accordance with the applicable standards of the Federal Railroad Administration(FRA) and American Railway Engineering and Maintenance-of-Way Association (AREMA) and design criteria of the BNSF and UPRR. PHASE 2B ASSUMED SHEET LIST: • COVER SHEET (1 SHEET, NOT TO SCALE) • LEGEND AND ABBREVIATION (1 SHEET,NOT TO SCALE) • TYPICAL SECTION (1 SHEET,NOT TO SCALE) • SURVEY AND ALIGNMENT CONTROL PLAN (1 SHEET, NOT TO City of Renton—SW 27`h/Strander Blvd. Extension Supplemental Agreement No. 1 1:\Trans Design\22044-StranderBlvd\005-SW 27th\Contracts\Supp 1_09-19-O8.doc Page 7 SCALE) • EROSION/SEDIMENT CONTROL PLAN (5 SHEET, 1"=20' SCALE) • TRACK PLANS AND PROFILES (5 SHEETS) • FINAL GRADING PLANS & SECTIONS/DETAILS (8 SHEETS). ,4010 • DRAINAGE AND UTILITY PLANS (5 SHEETS). • STRUCTURES • OPINION OF COST • SPECIFICATIONS The contract specifications will be a complete bid package based upon the 2008 WSDOT APWA Standard Specifications, including contract documents, amendments, special provisions, standard plans, and wage rates. 8.0 RAILROAD Crossing Design The Railroad Crossing Design is for the development of one (1) bridge design for the UPRR railroad crossing of Longacres Way, one (1)bridge design for the UPRR railroad crossing of the Sound Transit Pedestrian Access Road & Waterline, one (1) concrete jumper slab over the Metro Sanitary Sewer line located at Sta. 422+94, one (1)concrete jumper slab over the Sound Transit Pedestrian Access and SPU Waterline at Sta. 427+32, and one (1) Mechanically Stabilized Earth(MSE) Retaining Wall layout located at Longacres Way with a combined length of approximately 890 feet. 8.1 Advanced Structure Plans 444001 DEA shall advance the structures Type, Size, and Location designs previously prepared by DEA,to the 60% complete (Informal Preliminary Plans Review), 90% complete (Advanced PS&E) and 100% complete (Final Contract) design submittal levels. Each stage of design shall be submitted for review and comment to Perteet for distribution to the appropriate agencies. Contract plans shall include plan drawings, sections, and details necessary to complete construction of the structures for the Project. DEA will perform constructability reviews of bridge components at each Deliverable Stage of the structure designs. DEA shall conduct all engineering work under the direction of a Professional Engineer registered in the state of Washington. DEA shall be the Engineer of Record for the structures and shall apply a professional seal to the contract Plans,. Specifications and Estimate. The 90% complete design submittal shall include the 90% complete plans, construction specifications, material quantities, updated Engineer's construction cost estimate, and updated construction schedule. The 90% complete plans will include all of the structure plan sheets that are intended to be in the construction bid package. DEA shall have addressed comments from the 30% TS&L and 60% submittals and reviews in this deliverable. The 100% complete plans will include all plans, construction specifications, material quantities, Engineer's estimate, and construction schedule. DEA shall have addressed comments from the 90% complete design submittal and review in City of Renton—SW 27th/Strander Blvd.Extension Supplemental Agreement No. I \Trans Design\22044-StranderBlvd\005-SW 27th\Contracts\Supp I_09-19-O8.doc Page 8 this deliverable. DEA shall submit Final Design calculations and Independent Check calculations as part of the 100% complete design submittal. DEA shall submit Final Contract paper plans for review prior to printing Final Contract mylars. DEA shall have addressed comments from the Final Contract paper plan submittal and review in the deliverable of the Final Contract mylars submitted for bidding. DEA shall conduct a design work session with DEA and Perteet to review the progress and details developed prior to the 90%plan submittal date. 8.1.1 Structure Design The new Longacres Way Bridge and the new Sound Transit Pedestrian Access Road Bridge designs will consist of 3-span structures roughly 94 feet in length with an out-to-out width of 36 feet. The bridges will consist of precast prestressed box girder spans with associated interior piers. The new bridges will carry a single railroad track and 10 foot maintenance access road. MSE Retaining walls, between 3 to 9 feet in height, will be required along the northwest side of the Longacres Way structure from approximately Sta. 436+00 to 450+50. At-grade reinforced concrete utility protection slabs on steel pipe piles will be required at both the Sound Transit Pedestrian Access SPU Water line and Metro Sanitary Sewer line locations. The concrete slabs will be approximately 26 feet in length and 100 feet wide. Ground improvements to mitigate settlement will be investigated as an alternative to using steel pipe piles to support the concrete slabs. DEA shall perform analysis, design, detailing and producing of plans for the bridges, utility protection slabs, and retaining walls. DEA shall design the railroad bridges in accordance with the AREMA 2006, "Manual for Railway Engineering" using standard Cooper E-80 live load. Dead loads shall be designed with values set forth in AASHTO, excepting 160 pounds per cubic foot for reinforced concrete (specified in WSDOT BDM). The new structures shall use UPRR Standard Bridge sections and details. 8.1.2 Independent Design Check DEA shall perform an independent design check on the bridges, utility slabs, and retaining walls. DEA shall commence the independent design checks after 90% complete plans have been submitted and continue through final design checks. DEA shall perform the following tasks as part of the independent design checks: • Perform independent structural analysis of the bridges to provide a validation of the analysis techniques utilized during design development. • Perform independent design calculations. • Confirm drawing details and special provisions are consistent with final calculations. City of Renton—SW 27th/Strander Blvd. Extension Supplemental Agreement No. I J:\Trans Dcsign\22044-StranderBhd\005-SW 27th\Contracts\Supp 1_09-19-08.d« Page 9 • Review foundation and railroad requirements. • Perform check for consistency of alignment and details with roadway and railway plans. • Perform check of geometry, alignment, grades, and clearances. • Perform check of plans for quality and completeness. • Perform constructability reviews. • Review construction schedule, seasonal requirements, railroad work restrictions, and utility installations and conflicts. • Develop and assemble independent quantity calculations. Compare with quantities developed during design development and reconcile differences. 8.2 Specifications and Special Provisions DEA shall develop and assemble the project technical special provisions for the structures from UPRR boilerplate special provisions. DEA shall electronically "redline-strikeout"UPRR standard special provisions to produce draft Special Provisions to supplement the City of Renton and WSDOT Standard Specifications. DEA shall address review comments and make revisions as agreed to with UPRR. Perteet will assemble the final bid and contract specifications and special provisions. 8.3 Construction Cost Estimates DEA shall calculate and update the structure quantities and prepare an updated Engineer's construction cost estimate of the structures for Advanced PS&E Nod Design and Final Design submittals. DEA shall determine structure item unit costs using WSDOT's standard bid item unit costs adjusted to match project requirements. DEA shall prepare a bid tab list of construction items anticipated for the structures. 8.4 Construction Schedule DEA shall prepare an updated Engineers estimated construction schedule with each review milestone during final design using Microsoft Project 2000. 8.5 Roadway Plans Roadway profiles at the Sound Transit Pedestrian Access Road and Longacres Way will be revised by others accordingly. No additional roadway plans will be designed or prepared by DEA. 8.6 Geotechnical DEA will review the existing 60% UPRR Relocation Geotechnical Report provided by Shannon & Wilson, Inc. for structure foundation recommendations, retaining wall design loading recommendations, borings, and recommended L- pile design soil parameters for each structure site. A final geotechnical report will be prepared by Shannon & Wilson. City of Renton—SW 27th/Strander Blvd. Extension Supplemental Agreement No. 1 J\Trans Design\22044-StranderBlvd\00S-SW 27th\Contracts\Supp 1_09-19-08.doc Page 10 8.7 Meetings NINO' DEA shall attend project coordination meetings. An allowance is provided for up to 4 meetings, up to 2 hours in length, with an average of two DEA staff per meeting at a site to be determined as needed. At a minimum, a work session meeting will be conducted prior to the 90%plan submittal dates. DELIVERABLES • Three (3) half size (1 1"x 17") paper copies of 90% (Advanced PS&E) plans, cost estimate, special provisions, and construction schedule. • Three (3) half size(11"x17") paper copies of 100% (Final Contract) plans, cost estimate, special provisions, and construction schedule. • One (1) .pdf copy of 100% (Final Contract) plans, cost estimate, special provisions, and construction schedule. • One (1) Full size Mylar copy of 100% (Final Contract) plans Design Assumptions The preceding SOW, deliverables and schedule are based and contingent on the following assumptions: • The railroad bridges will be designed for 1 railroad track and 1 maintenance roadway (10 feet) for an out-to-out structure width of approximately 36 feet in width. •" • The railroad bridges will be designed using the UPRR Standard Bridge Details and Design criteria. • UPRR Standard Bridge Details will be provided to DEA prior to commencement of work. • MSE Walls will be no higher than 15 feet. • Deep Pipe Pile foundations will be used at all bridge sites. • Deep Pipe Pile foundations or ground improvements will be used at the At-Grade Concrete Protection Slab sites. • No utilities will be carried across the railroad bridges. • Clearance information for the At-Grade Concrete Slab foundations will provided to DEA prior to commencement of work. • Clearance information for the Railroad Bridges over the Longacres Way and the Sound Transit Access pathway will be provided to DEA prior to commencement of work. 9.0 BIDDING ASSISTANCE Assist the City during the construction bidding by answering contractor questions and preparing up to two addendums. Attend the bid opening and assist with the bid tabulations. City of Renton—SW 27th/Strander Blvd. Extension Supplemental Agreement No. 1 J:\Trans Design\22044-StrandcrBIvd\005-SW 27th\Contracts\.Supp I_09-19-08.doc Page 11 10.0 NEPA ECS UPDATE The scope of the SW 27th/Strander Blvd. project in Phase 2 has been expanded to include queue jump lanes at the signalized intersection. Since this addition occurred vaitf after the National Environmental Policy Act (NEPA) FONSI was issued, the environmental documents will need to be supplemental to cover any impacts from the additional project scope. The supplemental documentation will be submitted to WSDOT for review and approval from FHWA and the approving agencies. Based upon our understanding of the queue jump lanes impacts, the following supplements will need to be prepared: • Fish and Wildlife Technical Discipline Report. The Consultant will prepare a supplemental memo that reviews the impacts to fish and wildlife. A supplemental Biological Evaluation will be prepared and submitted to WSDOT/FHWA for approval. • Wetlands - The Consultant will prepare a memo documenting the increased impact to the wetlands. New mitigation areas for wetlands and buffers will be included in the memo. No formal mitigation design will be developed for the impacts associated with the queue jump lanes. At this time, it is assumed that the mitigation will occur within the wetland bank to be prepared by the CITY. • Surface Water Quantity and Quality. The Consultant will prepare a supplemental memo covering increased impervious and subsequent impacts. • Preliminary Plans. The Consultant will update the previous preliminary plan and profile drawings prepared in previous contracts to show the queue jump lanes and depict the impacts. 11.0 RIGHT-OF-WAY ACQUISITION (HDRIPharos) The scope for right-of-way acquisition will be in two parts, the first will address the probability of certification, and the second will be the actual documentation and closing of the respective parcels. Certification Investigation: 11.1 Temporary Construction Easements: 11.1.1 Secure a temporary construction easement from Sound Transit to allow the depositing of materials on the property they own adjacent to BNSF's existing right of way. The purpose of which is to ultimately allow the relocation of the UPRR Line. The ultimate exchange of properties will be secured in this Scope of Work. 11.1.2 Secure a temporary construction easement from WSDOT under I-405. 11.1.3 Secure a temporary construction easement from the City of Seattle. 11.1.4 Secure a temporary construction easement from the City of Tukwila for work within their northern property(adjacent to Mastro property). 11.1.5 Secure a temporary construction easement from the City of Tukwila for work within their southern property (just south of the Sound Transit property). City of Renton—SW 27th/Strander Blvd. Extension Supplemental Agreement No. 1 L\Trans Design\22044-StrandcrBlvd\005-SW 27th\Contracts\Supp 109-19-08.doc Page 12 11.1.6 Secure a temporary construction easement from Mastro Properties for improvements to Longacres Way (lowering the street, with associated improvements). .,, 11.1.7 Secure a temporary construction easement from BNSF for work at the north end of the project where the UPRR rail will merge with BNSF. 11.1.8 Secure a temporary construction easement from BNSF along the western edge of the right of way for filling the area between the new UPRR and BNSF tracks. 11.1.9 Secure a temporary construction easement from BNSF at all location where utilities cross, at Longacres Way, and for the new 36" culvert boring at Sta. 447+25. 11.1.10Secure a temporary construction easement from UPRR for work at the south end of the project. 11.1.11 Coordinate with the City of Tukwila and City of Renton, to secure a temporary construction easement from the City of Tukwila on their portion south of the Sound Transit property. 11.1.12Secure a temporary construction easement from Boeing (parcel 0886700020) for work at the north end of the project to replace the existing 24" culvert with a new 36" culvert to the existing manhole. 11.2 Property Acquisition/Transfer: 11.2.1 Coordinate with Sound Transit to secure the transfer of property to UPRR. 11.2.2 Coordinate with UPRR to secure the transfer of property to Sound Transit. 11.2.3 Coordinate with the City of Tukwila to secure the transfer of property to UPRR. 11.2.4 Coordinate with UPRR to secure the transfer of property to the City of Tukwila. 11.2.5 Coordinate with the City of Seattle to secure the transfer of property to UPRR. 11.2.6 Coordinate with UPRR to secure the transfer of property to the City of Seattle. 11.2.7 Coordinate with the City of Seattle and Sound Transit for the transfer of property to accommodate the existing waterline. Final Documentation: The agreements to exchange properties and ultimately secure the transfer of documents, i.e. Deeds etc.: HDRIPharos anticipates that because of the complexity of this project and the diverse owners, that it would take one Senior Agent approximately one year working full time to secure all the necessary agreements and conveyance documents required to complete this project. HDRIPharos assumes that the first agreement/transfer must happen relative to the securing of the agreement between UPRR and Sound Transit exchanging properties. HDRIPharos will coordinate with WSDOT to resolve the property issues on the north portion of this project. The consultant will meet with UPRR's property personnel and City of Renton—SW 27th/Strander Blvd. Extension Supplemental Agreement No. 1 1:1Trans Design\22044-StranderB lvd\005-SW 27th\Contracts\Supp I_09-19-08.doc Page 13 facilitate the formalization of an agreement as outlined in a letter dated in October of 2004, from UPRR's Jerry Wilmoth. It is understood that WSDOT would agree to certify in Phase 2 of this project based on *40100 securing temporary construction easements on the Sound Transit property and any properties required for the pre-load areas to accommodate the ultimate relocation of the existing UPRR tracks. However, that is based on the actual construction project being confined to the construction of the new rail bed. ASSUMPTIONS: The CITY will provide Titles, appraisals, appraisal reviews, and escrow fees. 12.0 CONSTRUCTION OBSERVATION (PHASE 2A) The consultant shall provide an on-site representative for each day of field activity for Phase 2a only under this scope. ASSUMPTIONS Certain assumptions have been made in the preparation of this scope of services. They are summarized as follows: • Construction activities will include one shift per day, five days per week, preparation of daily travel and field activity reports (FARs), for a total of 11 hours per day for 32 weeks. (Shannon & Wilson) • A combination of Modified Proctor compaction and grain size distribution lab testing on proposed fill materials; 6 samples/test sets assumed. Assume that the contractor will submit 2 fill material samples at least 3 weeks in advance of placing fill at the site to confirm that the proposed fill meets the project specifications and that it can be successfully placed and compacted. (Shannon & Wilson) • Source of material verification; 2 local trips assumed. (Shannon & Wilson) • Duties will include soil sampling for laboratory testing as required and compaction testing using a nuclear gauge densometer at the project site. (Shannon & Wilson) • Measurements of settlement plates weekly for a period of 12 months. (Perteet) • Weekly review of settlement plate survey data for 8 months, biweekly review for 2 months, and monthly review for 2 months, for a total of 42 readings. (Shannon &Wilson) • Observation that contractor is adhering to the project's environmental permits (TESC) and geotechnically-related contract specifications; this does not include directing the contractor as that should come from others who are responsible for owner-contractor contractual arrangements. (Shannon & Wilson) • Daily records of contractor activities performed on site, progress made, and general locations of fill placement and compaction. (Shannon & Wilson, Perteet) • Weekly report to the City of Renton, UPRR, and BNSF; the Consultant will submit daily FARs on a weekly basis (5 days' worth). (Shannon &Wilson, City of Renton—SW 27d'/Strander Blvd. Extension Supplemental Agreement No. I 1\Trans Dcsign\22044-StrandcrBlvd\005-SW 27th\Contra ts\Supp 1_09-19-08.doc Page 14 Perteet) • The project manager will not attend construction progress or monthly construction meetings. If requested, our field representative can attend these meetings as part of the full-time construction observation services described above. (Shannon & Wilson) • The CONSULTANTS shall be responsible for the safety of their own staff only. (Shannon & Wilson, Perteet) • Supervision time for FAR review, reviewing contractor submittals, addressing Requests for Information(RFIs), answering questions, and attending the preconstruction meeting will total 10 percent of the field representative time during construction. (Shannon & Wilson) • Senior review to address issues during the construction period is estimated to be a total of 2 percent of the field representative time. (Shannon &Wilson) • Miscellaneous tasks such as weekly reproduction of FARs, word processing, invoicing, project management, etc. are based on an assumed 7-month-long construction timeline for Phase 2A (first stage of fill). (Shannon & Wilson) OVERALL CONSULTANT ASSUMPTIONS TIME FOR COMPLETION The work under this contract necessary to complete the plans and specifications shall be completed by December 31, 2009. The City may authorize additional time for revisions to the construction contract plans after that date as may be required by project funding and/or construction sequencing. SUBCONSULTANTS: The following subconsultants will be used to assist in accomplishment of the work: • David Evans and Associates (DEA). —Railroad Design and Survey • Shannon& Wilson- Geotechnical • HDRIPharos—Right-of-way acquisition MINIMUM NOTICE OF MEETING REQUIRING CONSULTANT PARTICIPATION: Consultant will normally be given a minimum of 24-hour notice of required meeting attendance. ITEMS TO BE FURNISHED BY THE CITY: 1. All available "As-Built" and utility information. 2. Existing right-of-way plans and legal descriptions. 3. Drafting standards for preparation of right-of-way and PS&E plans. Standards include CADD layer/line-type/symbol conventions, font specifications, title blocks, line weights, plot setups, CADD project file naming conventions, and survey collector codes. 4. Current amendments, State and City general special provisions, summary of quantity City of Renton—SW 27th/Strander Blvd. Extension Supplemental Agreement No. 1 I1Trans Dcsign\22044-StrandcrBlvd\OOS-SW 27th\Contra t\Supp 1_09-I9-08doc Page 15 spreadsheet, standard item table and contract boiler plate requirements. 52 Title reports for all parcels along the corridor. 6. Printing of bid sets for advertisement. 7. Three (3) complete sets of bid documents DESIGN CRITERIA: s. Reports and plans, to the extent feasible, shall be developed in accordance with the latest edition and amendments of the following: 1. AASHTO 2001, "A Policy of Geometric Design of Highways and Streets." 2. Washington State Department of Transportation, "2008 Standard Specifications for Road, Bridge and Municipal Construction." 3. Washington State Department of Transportation, "Design Manual." 4. Washington State Department of Transportation, "Materials Laboratory Outline." 5. Washington State Department of Transportation,"Construction Manual." 6. Washington State Department of Transportation, "Local Agency Guidelines." 7. Highway Research Board's Manual entitled"Highway Capacity." 8. FHWA and Washington State Department of Transportation, "Manual on Uniform Traffic Control Devices for Streets and Highways." 9. Standard drawings prepared by City of Renton and furnished to the Consultant shall be used as a guide in all cases where they fit design conditions. 10. AASHTO "Guide for the Development of Bicycle Facilities." 11. WSDOT Highway Runoff Manual 12. WSDOT Hydraulics Manual 13. King County Surface Water Design Manual *4010 14. Renton Standard Plans & Specifications 15. Department of Ecology Stormwater Management Manual for western Washington, 2001 16. UPRR Design Standards 17. BNSF Railway Design Standards 18. American Railway Engineering and Maintenance of Way Association"Manual for Railway Engineering" City of Renton—SW 27th/Strander Blvd. Extension Supplemental Agreement No. 1 1:\Trans Dcsign\22044-StranderBlvd\00S-SW 27th\Contracts\Supp 1_09-19-08.doc Page 16 Exhibit E-Consultant Fee Determination :s� - " O, SVfA T_EE DE tJ IT1A Q MM.et f Inca _:*, l k'1 , 4,iiow Project:Strander Blvd. Phase 2a and 2b-UPRR Realignment Client: Renton HOUR ESTIMATE Classification Hours Rate Cost Principal-In-Charge(E-7) 40 x $86.50 = $3,460 Associate(E-6) 772 x $56.84 = $43,880 Senior Project Manager(E-5) 36 x $52.76 = $1,899 Project Manager(E-4) 130 x $43.89 = $5,706 Project Engineer(E-3) 947 x $40.87 = $38,704 Design Engineer(E-2) 496 x $26.50 = $13,144 Design Engineer(E-1) 40 x $25.00 = $1,000 CAD Operator/Tech(T4) 683 x $34.00 = $23,222 CAD Operator/Tech(T3) 184 x $28.35 = $5,216 2-person Survey Crew 275 x $60.00 = $16,500 3-person Survey Crew 120 x $105.00 = $12,600 Construction Observer 552 x $29.00 = $16,008 Project Controls/Lead Planner 180 x $40.00 = $7,200 Clerical 326 x $26.00 = $8,476 Accountant 60 x $30.45 = $1,827 TOTAL DSC = $198,843 OVERHEAD(OH COST-including Salary Additives): OH Rate x DSC 172.47% x $198,843 = $342,944 FIXED FEE(FF): FF Rate X DSC 32% x $198,843 = $63,630 REIMBURSABLES Title Reports $5,000 Printing $1,000 Mileage @ Current Federal Rate $4,500 CAD @$10/hr $8,670 Travel Expenses $2,200 Misc $3,500 = $24,870 SUBCONSULTANTS DEA, Inc. = $ 491,871 HDRI Pharos = $ 336,396 Shannon&Wilson = $ 241,465 SUBTOTAL: = $ 1,700,018 MANGEMENT RESERVE: _ $170,002 GRAND TOTAL: = $ 1,870,021 rtc> rruvr,u u x: uan ttanscrvrerer ye rsotauierr Lunastrom DATE; 16-Sep-08 City of Renton-SW 27th/Strander Blvd.Extension Supplemental Agreement No. I 1.\Trans_Design122044-StranderBlvd\005-SW 27th\Contracts\Supp 1_09-19-01S doc Page 17 Exhibit "G-1" David Evans& Associates,Inc. Consultant Fee Determination-Summary Sheet Project: Strander Boulevard-Phase 2 Client: City of Renton/Perteet,Inc. HOUR ESTIMATE Classification Hours Rate Cost Final Railroad Structures Documents Project Manager 182 x $62.00 = $11,284 Senior Structural Engine( 876 x $54.50 = $47,742 Design Engineer 1162 x $35.50 = $41,251 Senior CADD Techniciai 820 x $30.00 = $24,600 CADD Technician 1058 x $23.00 = $24,334 Admin Assistant 296 x $21.00 = $6,216 TOTAL HOURLY COST = $155,427 OVERHEAD(OH COST-including Salary Additives): OH Rate x DSC 177.29% x $155,427 = $275,557 FIXED FEE(FF): FF Rate X DSC 32% x $155,427 = $49,737 REIMBURSABLES: Mileage/Co. vehicle $1,300 Postage/Delivery $1,000 Research Docs,Reports,etc. $1,200 Reprographics/copying $1,850 Travel Expensese $5,800 TOTAL REIMBURSABLE COST = $11,150 GRAND TOTAL: _ $491,871 81111110 City of Renton—SW 27th/Strander Blvd. Extension Supplemental Agreement No. 1 J.-1Trw Design\22044-StranderBlvd\OOS-SW 27th\Contracts\Supp 1_09-19-08.doc Page 18 Exhibit "G-I" HDR/Pharos Consultant Fee Determination-Summary Sheet Project: Strander Boulevard-Phase 2 Client: City of Renton/Perteet, Inc. HOUR ESTIMATE Classification Hours Rate Cost Project Manager 420 x $86.54 = $36,347 Senior Agent 1320 x $43.20 = $57,024 ROW Tech III 700 x $25.97 = $18,179 TOTAL HOURLY COST = $111,550 OVERHEAD(OH COST- including Salary Additives): OH Rate x DSC 165.29% x $111,550 = $184,381 FIXED FEE(FF): FF Rate X DSC 30% x $111,550 = $33,465 REIMBURSABLES: Misc $7,000 TOTAL REIMBURSABLE COST = $7,000 GRAND TOTAL: _ $336,396 City of Renton—SW 27`h/Strander Blvd. Extension Supplemental Agreement No. 1 \Trans Design\22044-StrsnderB lvd\005-SW 27th\Contracts\Supp I_09-19-08.doc Page 19 Exhibit "G-1" Shannon&Wilson Consultant Fee Determination-Summary Sheet Project: Strander Boulevard-Phase 2 Client: City of Renton/Perteet,Inc. HOUR ESTIMATE Classification Hours Rate Cost Principal 47 x $75.30 = $3,554 Principal(FLAC speciali 40 x $65.26 = $2,610 Associate 285 x $41.77 = $11,904 Engineer IV 230 x $28.86 = $6,638 Engineer III/IV 168 x $28.86 = $4,848 Engineer I/II 1,760 x $21.20 = $37,312 Drafting 14 x $26.38 = $369 Accounting 27 x $29.21 = $789 Reproduction 16 x $26.92 = $431 Clerical 30 x $23.75 = $713 TOTAL HOURLY COST = $69,168 OVERHEAD(OH COST-including Salary Additives): NINO OH Rate x DSC 198.36% x $69,168 = $137,202 FIXED FEE(FF): FF Rate X DSC 30% x $69,168 = $20,750 REIMBURSABLES: NIS Copies, mail for letter report $350 Mileage for Project Management $59 Modified Proctor Compaction Test $1,680 Grain-size Distribution Test $660 Copies,photos,courier,etc $320 Nuclear Gauge Densometer(32 wks @ 5 days/wk) $8,000 Mileage(35 field rt @ 5 days/wk @ 32 wks) $3,276 TOTAL REIMBURSABLE COST = $14,345 GRAND TOTAL: _ $241,465 City of Renton—SW 27th/Strander Blvd. Extension Supplemental Agreement No. I 1:\Trans Design\22044-StranderBlvd\OOS-SW 27th\Contracts\Supp 1_09-19-08.doc Page 20 p (n a M 0 0 0 0 0 00 00 a 0 O (a j N (n Ott V CO 0 O O a3 0 h mLn r� _ CO NLw .—` O CO Cf)N 0 m 0 m T O C co 7 T O r` .-- co 0 N U) U (Q C (9 ('� N O 0 > P..(f') Q1 r n 'D C 0 EA >,0 C a) 7 O` M 0 N @ U O 1 C N 0 0 0 0 0 0 0 0 0 8 E 0 0) Em' �p= o '0 0 0 00 a . ftMeor C C N Y .X O N •.>i (0 C a" oO lLO 0 0 (0 O O a) c o � 'O• .. 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O ?^0 Z N a`) (0 7 O C Q U Q)(/�WZ LL lL U) 'D (1 cc 0~ W .+ Z owa — U c O m e w W •@) ZLL x N ri c c~n v 0 fn O n v m a) c in c m F- c -o CO W Li- m c O 'c 7 N co C t_ ` a�i O 3 " > m a) W c c °) O H (oi a o co = C °c �c o o) }r 0- CD co 0, U Ncmm . w Z � oo �X� a � � = = c , mmnoc0 N. c"-- f0 (n 7 O CO .0 -O a) C n' U) D) (D '0.U U -(Li W it CO 73 C C C c ' O (/� 4 N V a m o H 3 `n E m (_m) Z c Lu -E .E E ` J U a) (n c -- o , c c (L E J y (i) (n `> > (n 0 m= > •'c n c _ m n ncl)F- o cl) (L m y • 0• 7) o Q Cr) 0IL- (1a(i 3ER -) Q 0 E ) i 7) w co 122 adcL0Ud�UO) >03COCDCD2 co 0 000D0DF- $ pITY OF RENTON COUNCIL AGENDA BILL ,Ia: ° —Pp Submitting Data: Public Works For Agenda of: Dept/Div/Board.. Transportation Systems Division October 13, 2008 Staff Contact James Wilhoit, Transportation Agenda Status Design Project Manager, x7319 Consent X Subject: Public Hearing.. Correspondence Logan Avenue North Bike Lane Project Construction Ordinance Services Contract with WHPacific Inc. Resolution Old Business........ Exhibits: New Business X Issue Paper Study Sessions Consultant Agreement Information Recommended Action: Approvals: Legal Dept.. .... X Council Concur Finance Dept Fiscal Impact: (t12707Ho10/ 0018/001) Expenditure Required... $ 2',031 Transfer/Amendment Amount Budgeted $ 33,457 Revenue Generated. ....... ,,,,• Total Project Budget $ 1,400,000 City Share Total Project.. SUMMARY OF ACTION: On November 30, 2007, a consultant agreement was executed by the City with WHPacific to design the Sam Chastain Trail bike lane along Logan Avenue North in the amount of$155,000. WHPacific completed the design in the spring of 2008 and its consultant agreement with the City expired on March 31, 2008. A construction contract was advertised and then awarded on June 2, 2008,to Rodarte Construction, Inc., in the amount of$334,565. After construction commenced it became evident that some consultant construction support would be necessary for responding to inquiries from the contractor,to attend meetings,prepare change orders arising from some unforeseen site conditions, and prepare as-built or record drawings from the contractor's marked up plans. WHPacific is the most logical choice to provide this service due to its familiarity with the project. The Transportation Division engineer's estimate for this change is $33,457 and the consultant's proposal does not exceed this amount. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute a consultant agreement with WHPacific, Inc. for construction support services on the Logan Avenue North Bike Lane Project in the amount of $20,031, with a completion date of June 30,2009. H:\Divisions\TRANSPORTAT\DESIGN:ENG\jwilhoit\Logan Bike Lane\Contract\Constmction Management\construction\constspptsvcs\Agenda Bill Logan Bike Lane CONSTSPPT WHPacific.doc ® + PUBLIC WORKS DEPARTMENT • N rr0 MEMORANDUM DATE: October 13, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: - Denis Law, Mayor -eti" FROM: Gregg Zimmermann ministrator STAFF CONTACT: James Wilhoit, Transportation Design Project Manager(x7319) SUBJECT: Logan Avenue North Bike Lane Project Construction Services Contract with WHPacific,Inc. ISSUE: Should Council authorize the Mayor and City Clerk to execute a contract with WHPacific, Inc. for construction support services on the Logan Avenue North Bike Lane Project? RECOMMENDATION: Authorize the Mayor and City Clerk to execute a consultant agreement with WHPacific, Inc. for construction support services on the Logan Avenue North Bike Lane Project in the amount of $20,031, with a completion date of June 30, 2009. BACKGROUND: On November 30, 2007, a consultant agreement was executed by the City with WHPacific to design the Sam Chastain Trail bike lane along Logan Avenue North in the amount of$155,000. WHPacific completed the design in the spring of 2008 and its consultant agreement with the City expired on March 31, 2008. A construction contract was advertised and then awarded on June 2, 2008, to Rodarte Construction, Inc., in the amount of$334,565. After construction commenced it became evident that some consultant construction support would be necessary for responding to inquiries from the contractor, attend meetings, prepare change orders arising from some unforeseen site conditions, and prepare as-built or record drawings from the contractor's marked up plans. WHPacific is the most logical choice to provide this service due to its familiarity with the project. The Transportation Division engineer's estimate for this change is $33,457 and the consultant's proposal does not exceed this amount. cc: Peter Hahn,Deputy PW Administrator—Transportation Bob Hanson,Transportation Design Supervisor Connie Brundage,Transportation Administrative Secretary H:\Division.s\TRANSPOR.TAT\DESIGN.ENG\jwilhoit\Logan Bike Lane\Contract\Construction Management\construction\constspptsvcs\Issue Paper Logan Ave Bike Lane WHPacific CONSTSPPT Contract.doc Local Agency Consultant/Address/Telephone g y WHPacific, Inc. Standard Consultant 3350 Monte Villa Parkway Agreement Bothell, Washington 98021-8972 ® Architectural/Engineering Agreement ❑ Personal Services Agreement 425-951-4800 Agreement Number Project Title And Work Description Federal Aid Number Logan Avenue Bike Lane Construction Services Agreement Type (Choose one) ❑ Lump Sum Lump Sum Amount $ ❑ Cost Plus Fixed Fee Overhead Progress Payment Rate Overhead Cost Method DBE Participation ❑Yes ® No ❑ Actual Cost Federal ID Number or Social Security Number ❑ Actual Cost Not To Exceed 20-3966470 ® Fixed Overhead Rate 173.40 % Do you require a 1099 for IRS? Completion Date Fixed Fee $ 1,712.00 ® Yes ❑ No June 30, 2009 ❑ Specific Rates Of Pay Total Amount Authorized $ 17,418.00 ❑ Negotiated Hourly Rate Management Reserve Fund $ 2,613.00 ❑ Provisional Hourly Rate ❑ Cost Per Unit of Work Maximum Amount Payable $ 20,031.00 Index of Exhibits (Check all that apply): ® Exhibit A-1 Scope of Work ❑ Exhibit G-2 Fee-Sub Specific Rates ❑ Exhibit A-2 Task Order Agreement ❑ Exhibit G-3 Sub Overhead Cost ❑ Exhibit B-1 DBE Utilization Certification ® Exhibit H Title VI Assurances ® Exhibit C Electronic Exchange of Data ® Exhibit I Payment Upon Termination of Agreement ❑ Exhibit D-1 Payment-Lump Sum ® Exhibit J Alleged Consultant Design Error Procedures ® Exhibit D-2 Payment-Cost Plus ® Exhibit K Consultant Claim Procedures ❑ Exhibit D-3 Payment-Hourly Rate ❑ Exhibit L Liability Insurance Increase ❑ Exhibit D-4 Payment-Provisional ® Exhibit M-1 a Consultant Certification ® Exhibit E-1 Fee-Lump/Fixed/Unit ® Exhibit M-lb Agency Official Certification ❑ Exhibit E-2 Fee-Specific Rates ® Exhibit M-2 Certification-Primary ® Exhibit F Overhead Cost ® Exhibit M-3 Lobbying Certification ❑ Exhibit G Subcontracted Work ® Exhibit M-4 Pricing Data Certification ❑ Exhibit G-1 Subconsultant Fee ❑ App. 31.910 Supplemental Signature Page THIS AGREEMENT,made and entered into this day of , between the Local Agency of City of Renton , Washington, hereinafter called the"AGENCY", `rr/ 104 and the above organization hereinafter called the"CONSULTANT". DOT Form 140-089 EF Page 1 of 8 Revised 3/2008 WITNESSETH THAT: WHEREAS,the AGENCY desires to accomplish the above referenced project,and Nr,,, WHEREAS,the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS,the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms,conditions,covenants and performance contained herein, or attached and incorporated and made a part hereof,the parties hereto agree as follows: 1 General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit"A"attached hereto and by this reference made a part of this AGREEMENT. III General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies,groups,or individuals shall receive advance approval by the AGENCY.Necessary contacts and meetings with agencies,groups,and/or individuals shall be coordinated through the AGENCY.The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY and/or such Federal, State,Community, City or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring *„M,,,. CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit"A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY,which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT,and each SUBCONSULTANT,shall not discriminate on the basis of race,color,national origin,or sex in the performance of this contract. The CONSULTANT,and each SUBCONSULTANT,shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises(DBE), if required, per 49 CFR Part 26,or participation of Minority Business Enterprises(MBE), and Women Business Enterprises(WBE),shall be shown on the heading of this AGREEMENT. If D/MIWBE firms are utilized,the amounts authorized to each firm and their certification number will be shown on Exhibit"B"attached hereto and by this reference made a part of this AGREEMENT. If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function(CUF)regulation outlined in the AGENCY'S"DBE Program Participation Plan".The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports, PS&E materials, and other data fih'fiished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit"C." All designs,drawings, specifications,documents, and other work products, including all electronic files,prepared by the "`""' CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service,not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. Page 2 of 8 IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under ' 4104 completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT,but may be extended by the AGENCY in the event of a delay attributable to the AGENCY,or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit"D" attached hereto, and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor,materials, supplies, equipment,and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT.The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager. VI Sub-Contracting The AGENCY permits sub-contracts for those items of work as shown in Exhibit"G"attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub-consultant work shall be based on the cost factors shown on Exhibit"G." The work of the sub-consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor,overhead,direct non-salary costs and fixed fee costs for the sub-consultant shall be substantiated in the same manner as outlined in Section V. All sub-contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY.No permission for sub-contracting shall create,between the AGENCY and sub- contractor, any contract or any other relationship. A DBE certified sub-consultant is required to perform a minimum amount of their sub-contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT,to solicit or secure this contract,and that it has not paid or agreed to pay any company or person,other than a bona fide employee working solely for the CONSULTANT,any fee, commission, percentage,brokerage fee,gift,or any other consideration,contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant,the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion,to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage,brokerage fee,gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT,shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged,and any and all claims made by a Page 3 of 8 third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein,shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis,or other basis,during the period of the contract, any professional or technical personnel who are,or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. VIII Nondiscrimination During the performance of this contract, the CONSULTANT,for itself, its assignees,and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d-4a) Federal-aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100-259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit"H" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit"H" in every sub-contract, including procurement of materials and leases of equipment,unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten(10)days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit"I"for the type of AGREEMENT used. No payment shall be made for any work completed after ten(10)days following receipt by the CONSULTANT of the Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. Page 4 of 8 In such an event,the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination,the amount of work originally required which was satisfactorily completed to date of termination,whether that work is in a form or a type which is usable to the AGENCY at the time of termination,the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so,and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount,which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence,the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event,the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member,partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT,or dissolution of the partnership,termination of the corporation,or disaffiliation of the principally involved employee,the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY.This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph,should the surviving members of the CONSULTANT,with the AGENCY'S concurrence.,desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT,or for failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein,when required to do so by the AGENCY,without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised,the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer,whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided, however,that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision,that decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit"J",and disputes concerning claims will be conducted under the procedures found in Exhibit"K". XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT,the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington,situated in the county in which the AGENCY is located.The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington.The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington,situated in the county in which the AGENCY is located. Page 5 of 8 XIII Legal Relations The CONSULTANT shall comply with all Federal, State,and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands,or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims,demands or suits based solely upon the conduct of the AGENCY or the STATE,their agents, officers and employees;and provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the CONSULTANT'S agents or employees, and(b)the AGENCY or the STATE, their agents,officers and employees,this indemnity provision with respect to(1)claims or suits based upon such negligence(2)the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers.The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. Unless otherwise specified in the AGREEMENT,the AGENCY shall be responsible for administration of construction contracts, if any,on the PROJECT. Subject to the processing of a new sole source,or an acceptable supplemental agreement, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance,the CONSULTANT shall assume no responsibility for: proper construction techniques,job y... site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT,or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars($2,000,000)for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar($1,000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT,the AGENCY will be named on all policies as an additional insured.The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY reserves the right to require complete,certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen(14)days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty(30)days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million($1,000,000)dollars, whichever is the greater, unless modified by Exhibit"L". In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. Page 6 of 8 The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIV Extra Work A. The AGENCY may at any time,by written order, make changes within the general scope of the AGREEMENT in the services to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this AGREEMENT, whether or not changed by the order,or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the(1)maximum amount payable;(2)delivery or completion schedule, or both;and(3)other affected terms and shall modify the AGREEMENT accordingly. C.The CONSULTANT must submit any"request for equitable adjustment", hereafter referred to as"CLAIM", under this clause within thirty(30)days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it,the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However,nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E.Notwithstanding the terms and conditions of paragraphs(A)and(B)above,the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV Endorsement of Plans If applicable,the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit"M-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit"M -2"Certification Regarding Debarment,Suspension and Other Responsibility Matters- Primary Covered Transactions, Exhibit"M-3"Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit"M-4" Certificate of Current Cost or Pricing Data. Exhibit"M-3" is required only in AGREEMENTS over$100,000 and Exhibit"M-4" is required only in AGREEMENTS over$500,000. XVIII Complete Agreement This document and referenced attachments contain all covenants, stipulations,and provisions agreed upon by the parties.No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for,any statement, representation,promise or agreement not set forth herein.No changes, amendments,or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts,each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties,covenants,and agreements contained in the proposal,and the supporting material submitted by the CONSULTANT,and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. Page 7 of 8 In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. By ` wy>/ ��' By Consultant WwAG/ C l/ Agency City of Renton DOT Form 140-089 EF Revised 3/2008 Page 8 of 8 Exhibit A-1 Scope of Work City of Renton Logan Ave Bike Lane Construction Services The work to be accomplished under this Agreement will be to provide On- Call Construction Services. TASK 1-PROJECT ADMINISTRATION The Consultant will provide project management and administration services for construction support during the construction phase of the project. The Consultant will prepare monthly progress reports and invoices for work completed. TASK 2-GENERAL CONSTRUCTION SUPPORT 2.1 The Consultant will answer questions and provide clarification of plans and contract provisions as requested by the City. The budget assumes review and response to 2 RFI's per week for 17 weeks. 2.2 The Consultant will provide support for contract change orders as requested by the City. This may include providing new or revised plans, special provisions, and estimates. The budget assumes a total of two (2) change orders. 2.3 The Consultant will attend up to two (2) meetings at either City Hall or project site to assist the City in addressing project issues. TASK 3-AS-BUILTS The Consultant will prepare as-built plans in AutoCad based on Contractor's marked up plans provided by the City. Assumptions • Field survey for as-builts is not included in this scope of work. • Review of material submittals in not included in this scope of work SCHEDULE The duration of construction is expected to last through the end of November 2008. If Consultant work is required beyond November a contract supplement will be prepared. The contract period will expire June 30, 2009. PROJECT WORK BREAKDOWN SUMMARY Attached is a detailed fee estimate for the work described in this Scope. P:\City of Renton\000000\logan ave bike lane CM\Iogan ave bike lane cm scope.doc Exhibit C Electronic Exchange of Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to,the following: I. Surveying, Roadway Design & Plans Preparation Section A. Survey Data B. Roadway Design Files C. Computer Aided Drafting Files D. Specify the Agency's Right to Review Product with the Consultant E. Specify the Electronic Deliverables to Be Provided to the Agency F. Specify What Agency Furnished Services and Information Is to Be Provided II. Any Other Electronic Files to Be Provided III. Methods to Electronically Exchange Data Nivawor A. Agency Software Suite B. Electronic Messaging System C. File Transfers Format DOT Form 140-089 EF Exhibit C Revised 6/05 Exhibit D-2 Payment (Cost Plus a Fixed Fee) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment,and incidentals necessary to complete the work specified in Section II,"Scope of Work."The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, overhead, direct non-salary costs, and fixed fee. 1. Direct Salary Costs: The Direct Salary Cost is the direct salary paid to principals, professional,technical,and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Overhead Costs: Overhead Costs are those costs other than direct costs, which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the rate shown in the heading of this AGREEMENT under"Overhead Progress Payment Rate."Total overhead payment shall be based on the method shown in the heading of the AGREEMENT. The two options are explained as follows: a. Fixed Rate: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT for overhead at the percentage rate shown. This rate shall not change during the life of the AGREEMENT. b. Actual Cost: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT the actual overhead costs verified by audit, up to the Maximum Total Amount Payable,authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summary of the CONSULTANTS cost estimate and the overhead computation is shown in Exhibit"E"attached hereto and by this reference made part of this AGREEMENT. When an Actual Cost method is used,the CONSULTANT(prime and all sub-consultants)will submit to the AGENCY within six(6)months after the end of each firm's fiscal year,an overhead schedule in the format required by the AGENCY(cost category, dollar expenditures, etc.)for the purpose of adjusting the overhead rate for billing purposes. It shall be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's overhead cost to reflect the actual rate. DOT Form 140-089 EF Exhibit D-2 Revised 8/07 Failure to supply this information by either the prime CONSULTANT or any of their sub- consultants shall cause the AGENCY to withhold payment of the billed overhead costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY, STATE and/or the Federal Government may perform an audit of the CONSULTANT'S books andrecords at any time during regular business hours to determine the actual overhead rate, if they so desire. 3. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to,the following items: travel, printing, long distance telephone,supplies,computer charges and sub- consultant costs. a. Subconsultant costs will include a Sub-Consultant Oversight mark-up of 4% as allowed in accordance with 48 CFR 31.2 Subconsultant costs including Oversight Markup must be itemized on the Subconsultant Fee Determination- Summary sheet attached as Exhibit G-1. b. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs(excluding air,train, and rental car costs) in accordance with the AGENCY'S Travel Rules and Procedures. However, air,train, and rental car costs shall be reimbursed in accordance with 48 CFR Part 31.205-46"Travel Costs." c. The billing for Direct Non-Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. d. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. c. All above charges must be necessary for the services provided under this AGREEMENT. 4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in the heading of this AGREEMENT under Fixed Fee. This amount does not include any additional Fixed Fee,which could be authorized from the Management Reserve Fund. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person- hours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work,the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX entitled "Termination of Agreement." 5. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs,or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s)shall be in writing and shall not exceed the lesser of$100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT.This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XIV,"Extra Work."6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV,"Extra Work."No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the calculated overhead and fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct Salary, Direct Non-Salary, and allowable Overhead Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed salary costs for CONSULTANT employees,the AGENCY may conduct employee interviews. These interviews may consist of recording the names,titles, salary rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however,be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit, all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT,the CONSULTANT will refund such overpayment to the AGENCY within thirty(30) days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty(20)days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. D. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY, STATE and the United States, for a period of three(3)years after receipt of final payment,the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this contract is initiated before the expiration of the three(3)year period,the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. Z w- C) Co t' CO CO C•1 O W a 03 C.) MO /� � V) in. M r coot ch ZNtiMO Ju) 00 tr tr. C c_, m ° 40 6, 0., t� W O to en 4,6 O trs co T g V y� wrn XU ZU NI ER 6� — W O tJ N 000 N Co O O r o UU 10 OSr a1 c W o N N 0 0 O f• " I- ~ U Ci r <O d N O r ii N L 0 N 7 I- O N o o -° y C V) c�i C) UU m C Vo 0 C W Asca J 0. 3 tL O) 0 ioia x C U C em u) W C ) 0 a 0 0 0 0 0 0 02 E' .0 o V J d O N c d < x x 0 0 o F- 0 0 O 0 O tiM ZO `,• M a7t- 1- aU M 70w 'n g I- C.) W ( o0 D) ij cc m W Pm a ¢ -5 a. 0 °o 0o N N M 5 u 114 U a a Ua) as Li_ `� a C m I I 0 C LL v O W W r W O W W 0 o - Z o co O N CJ O "I' o� o� O (NI ■m 2 C o r N M Q y ToW Q H o W mi _ c o 0 0 0 o za LL N w O i ✓ c 0 v re O 0 Iii G EJ N z 0 o`� a Q m O H v N J c m _ N F. Y o w .Z Z o N oa c2 " v) co E illZ a m co c) Q 0 N u) N 0.1 F- Q .E V m cu Q m 2 a CC Q 1— . J -o u) W = o N 4. U Q g o` a s N z to O @W a ti Z n W o W u L a) 2 lC cn Ros F- 1410 d -IRiftO as (DO O n. a -J N — o 7 V J N Ea co } 1 z 0 C N 0 N O O '- 0 .- N M 0 - W 0 O ,orc0 Q z r - cy cV N N (h c6 d m O 0. w (/) Exhibit F Overhead Cost „iro, WHPacific,Inc. Schedule of Indirect Costs For the Fiscal Year Ended September 30,2007 Amount per Unit Cost Revised Unallowable FAR 2007 Description GA. Adjustment Amount Costs Cites Total Direct labor $ 26,347.792 $ 26,347,792 $ - $ 26,347,792 Payroll Burden: Fringe benefits $ 16,525.610 $ 16,525,610 $ (32,169) (11) $ 16,493,442 I Other payroll related costs $ 2,198,082 $ 2,198,082 $ (2,834) (3) $ 2,195,248 u Total payroll burden $ 18,723,692 $ (35,003) $ 18,688,690 Other Indirect Costs: Indirect Labor $ 13,308,589 $ 13,308,589 $ - $ 13,308,589 n Travel $ 996,059 $ 996,059 $ (25,390) (6) $ 970,669 x Freight $ 134,900 $ 3,782 $ 131.118 $ - $ 131,118 k Legal $ 581,781 $ 581,781 $ (6,757) (8) $ 575,024 q Consulting $ 820,890 $ 820,890 $ - $ 820,890 f Occupancy $ 4,122,799 $ 4,122,799 $ - $ 4,122,799 r Communications $ 554,900 $ 44,402 $ 510,498 $ - $ 510,498 e Insurance $ 910,822 $ 19,661 $ 891,161 $ - • $ 891,161 0 Depreciation $ .3,029,338 $ 98,119 $ 2,931,220-• $ (1,023,000) (10) $ 1,908,220 h Property maintenance and taxes $ 97,561 $ 97,561 $ - $ 97,561 v Equipment rent and operations $ 1,303,781 $ 204,395 $ 1,099,387 $ - $ 1.099,387 j Office operations $ 2,408,874 $ 110,354 $ 2,298,520 $' (2.472) (5)(3) $ 2,296,048 s Business development $ 164,749 $ 164,749 $ (15,274) (1X2X3) $ 149,475 d Advertising $ 431,626 $ 431,626 $ (302.592) (2) $ 129,034 a Entertainment $ 45,477 $ 45,477 $ (45,477) (1) $ - i Contributions $ 35,740 $ 35,740 $ (35,740) (7X4) $ - g Bad debts $ 499,970 $ 499,970 $ (499,970) (8) $ - c Other $ (55,902) $ (55,902) $ - $ (55,902) t Gain on sale of assets $ (33,840) $ (33,840) $ - $ (33,840) m Interest $ 542,102 $ 542,102 $ (542,102) (5)(9) $ - p Taxes,other than property $ 899,417 $ 899,417 $ (496,408) (12) $ 403,009 w _,, Allocated administrative costs $ (623,408) $ (623,408) $ - $ (623,408) b Total other indirect costs: $ 30,176,226 $ 480,713 $ 29,695,513 $ (2,995,180) $ 26,700,333 Total indirect costs $ 48,899,918 $ 480,713 $ 48,419,206 $ (3,030,183) $ 45,389,023 Overhead Rate: 172.27% Cost of Money Rate 1.14% Combined Rate 173.40% FAR Cites: (1) 31.205-14 Entertainment (2) 31.205-1 Public Relations and Advertising Costs (3) 31.205-1(f)(7)Public Relations and Advertising (4) 31.205-22 Lobbying and Political Activity Costs (5) 31-205-15 Fines&Penalties,and Mischarging Costs (6) 31.205-46 Travel Costs (7) 31.205-8 Contributions or Donations (8) 31.205-3 Bad Debts (9) 31.205-20 Interest end Other Financial Costs (10) 31-205-9 Goodwill (11) 31.205-6(m)(2)Compensation for Personal Services (12) 31.205-41 Taxes 41111111011111 Exhibit H Title VI Assurances Nkid During the performance of this AGREEMENT,the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY,Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time(hereinafter referred to as the"REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT,with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race, color, sex,or national origin in the selection and retention of sub-consultants, including procurement of materials and leases of equipment.The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract, including procurement of materials or leases of equipment,each potential sub- consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration(FHWA)to be pertinent to ascertain compliance with such REGULATIONS,orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information,the CONSULTANT shall so certify to the AGENCY, STATE or the FHWA as appropriate,and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANT'S non-compliance with the non- discrimination provisions of this AGREEMENT,the AGENCY shall impose such AGREEMENT sanctions as it,the STATE or the FHWA may determine to be appropriate, including,but not limited to: • Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and/or; • Cancellation,termination, or suspension of the AGREEMENT, in whole or in part *4001 DOT Form 140-089 EF Exhibit H Revised 6/05 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs(I)through (5) in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS,or directives issued pursuant thereto. The CONSULTANT shall take such action .11fte„ with respect to any sub-consultant or procurement as the AGENCY, STATE or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub-consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition,the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Exhibit I Payment Upon Termination of Agreement By the Agency Other Than for 4.4400 Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition,the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. *old Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. DOT Form 140-089 EF Exhibit I Revised 6/05 Exhibit J Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 —Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Highways and Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project,to be responsible for the remaining steps in these procedures.) Step 2-Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. ..,,. Step 3 —Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s)and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel(including sub-consultants) deemed appropriate for the alleged design error(s) issue. Step 4—Attempt to Resolve Alleged Design Error with Consultant After the meeting(s)with the consultant have been completed regarding the consultant's alleged design error(s),there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s).If this is the case,then the process will not proceed beyond this point. • It is determined via mutual agreement that a consultant design error(s)occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant.The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide H&LP, through the Region Nair DOT Form 140-089 EF Exhibit J Revised 6/05 Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements.No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Step 5 —Forward Documents to Highways and Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Highways and Local Programs Engineer to H&LP for their review and consultation with the FHWA. H&LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, H&LP will request assistance from the Attorney General's Office for legal interpretation. H&LP will also identify how the alleged error(s)affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached,the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. H&LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached, the agency and consultant may seek settlement Ned by arbitration or by litigation. Exhibit K Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s)on a consultant agreement. The following procedures should only be utilized on consultant claims greater than$1,000. If the consultant's claim(s) are a total of$1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 —Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2—Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and Local Programs(if applicable), and FHWA(if applicable)agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved,the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit.No further action in needed regarding the claim procedures. DOT Form 140-089 EF Exhibit K Revised 6/05 If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Step 3 —Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim,the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4—Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation Ned The Director of Pubic Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval(as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Highways and Local Programs and FHWA regarding final settlement of the claim.If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 —Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify(in writing)the consultant of their final decision regarding the consultant's claim(s).Include the final dollar amount of the accepted claim(s)and rationale utilized for the decision. Step 6—Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Exhibit M-1(a) Certification Of Consultant Project No. Local Agency I hereby certify that I am DLt(/i a/ YV i )//g/crt 1 and duly authorized representative of the firm of WHPacific, Inc. whose address is 4 U,//_ /,79,e��� and that neither I nor the above firm I here represent has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT)to solicit or secure the AGREEMENT; (b) Agreed, as an express or implied condition for obtaining this contract,to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or (c) Paid, or agreed to pay,to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT)any fee, contribution, donation,or consideration of any kind for,or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. g/28/0 e Date Signature Niro- DOT Form 140-089 EF Exhibit M-1(a) Revised 6105 Exhibit M-1(b) Certification Of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of City of Renton Washington, and that the consulting firm or its representative has not been required,directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: (a) Employ or retain, or agree to employ to retain, any firm or person; or (b) Pay, or agree to pay,to any firm,person, or organization, any fee,contribution, donation, or consideration of any kind; except as hereby expressly stated(if any): I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration,U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws,both criminal and civil. Date Signature DOT Form 140-089 EF Exhibit M-1(b) Revised 6/05 Exhibit M-2 Certification Regarding Debarment, Suspension, and Other Responsibility ..,, Matters-Primary Covered Transactions The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; B. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(federal, state,or local)transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement,theft, forgery, bribery,falsification or destruction of records, making false statements,or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(federal, state, or local) with commission of any of the offenses enumerated in paragraph (I) (B). of this certification; and D. Have not within a three(3)year period preceding this application/proposal had one or more public transactions (federal, state, or local)terminated for cause or default. IL Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. Consultant(Firm): WHPacific, Inc. g/20/0e (Date) (Si ature)President or Authorized Official of Consultant DOT Form 140-089 EF Exhibit M-2 Revised 6/05 Exhibit M-3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying NIS The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her knowledge and belief, that: 1.No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant,the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,amendment,or modification of any Federal contract, grant, loan, or cooperative agreement. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31,U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant(Firm): WHPacific, Inc. 8/2-6 /Utz (Date) (S nature)President or Authorized Official of Consultant DOT Form 140-089 EF Exhibit M-3 Revised 6/05 • Exhibit M-4 Certificate of Current Cost or Pricing Data This is to certify that,to the best of my knowledge and belief, the cost or pricing data(as defined in section 15.401 of the Federal Acquisition Regulation (FAR)and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the contracting officer or to the contracting officer's representative in support of �" ,4,, eke are accurate, complete,and current as of 8/2 g **.This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal. Firm WHPacific, Inc. Name Davii Title T),r< /r-ti„spore �.� Date of Execution*** eki3/46 * Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number(e.g., RFP No.). ** Insert the day, month, and year when price negotiations were concluded and price agreement was reached. *** Insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. DOT Form 140-089 EF Exhibit M-4 Revised 6/05 CITY OF RENTON COUNCIL AGENDA BILL AI#: to, qe Submitting Data: Public Works For Agenda of: Dept/Div/Board.. Transportation Systems Division October 13, 2008 Staff Contact James Wilhoit, Transportation Agenda Status Design Project Manager (x7319) Consent X Subject: Public Hearing.. Correspondence.. May Creek Park Property Exchange Conversion Deed Ordinance......... of Dedication, Sight Easement, and Agreement to Resolution......... Reconstruct Driveway (ARD) Old Business Exhibits: New Business X Study'Sessions...... Issue Paper Information King County letter of March 14,2008 Deed of Dedication Easement for Sight Distance Agreement to Reconstruct Driveway (ARD) Request for Approval letter (4/25/2007) Approval of Request letter (9/23/2007) Recommended Action: Approvals: Legal Dept X Council Concur Finance Dept Risk Management X 1,600, Fiscal Impact: (317.012175) Expenditure Required. $ -0- Total Transfer/Amendment $ -0- Amount Budgeted $ -0- Revenue Generated $ -0- Total Project Budget $9,475,541 City Share Total Project SUMMARY OF ACTION: This action will deed back to King County a wedge of right-of-way property along the City-owned May Creek Park needed for roadway widening for the King County Coal Creek Parkway SE portion of the subject property, also a similarly needed sight easement, and an Agreement to Reconstruct Driveway (ARD)needed to construct the new access to May Creek Park. STAFF RECOMMENDATION: Approve and authorize the Mayor and City Clerk to execute: 1. The Deed of Dedication, granting King County a wedge of right-of-way property along the City- owned May Creek Park needed for roadway widening for King County's Coal Creek Parkway SE. 2. An Easement for Sight Distance. 3. An Agreement to Reconstruct Driveway(ARD)needed to construct the new access to May Creek Park. H:\Division.s\TRANSPOR.TAT\DESIGN.ENG\jwilhoit\duvall\maycreek\Agenda Bill Duvallmayckconv.doc `SY O C.)�a ® � PUBLIC WORKS DEPARTMENT • • , N rv0 MEMORANDUM DATE: October 13, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayor 404u- FROM: Gregg ZimmermanClaninistrator STAFF CONTACT: James Wilhoit, Transportation Design Project Manager(x7319) SUBJECT: May Creek Park Property Exchange Conversion Deed of Dedication, Sight Easement and Agreement to Reconstruct Driveway ISSUE: Should Council authorize the Mayor and City Clerk to execute three documents with King County consisting of a Deed of Dedication (granting King County a wedge of right-of-way property along the City-owned May Creek Park needed for roadway widening for the King Now- County Coal Creek Parkway SE portion of subject property) and a similarly needed sight easement along with an Agreement to Reconstruct Driveway (ARD)needed to construct the new access to May Creek Park? RECOMMENDATION: Approve and authorize the Mayor and City Clerk to execute: 1. The Deed of Dedication, granting King County a wedge of right-of-way property along the City-owned May Creek Park needed for roadway widening for King County's Coal Creek Parkway SE. 2. An Easement for Sight Distance. 3. An Agreement to Reconstruct Driveway(ARD)needed to construct the new access to May Creek Park. Marcie Palmer,Council President Members of the Renton City Council Page 2 of 3 October 13,2008 BACKGROUND: On June 10, 2002, the City entered into an agreement with the Transportation Improvement Board (TIB) to accept grant funding for design and construction of the Duvall Avenue NE Widening Project, that will widen Duvall Avenue NE from two lanes to five lanes from SR 900 (NE Sunset Blvd.) to the north City limits to reduce congestion and accident frequency, and to raise the level of service (LOS) toward the service standards adopted by the City to achieve compliance with the Growth Management Act (GMA). At about the same time King County also entered into an agreement with the TIB to accept grant funding for design and construction for the widening improvement of Coal Creek Parkway SE directly north of the City's Duvall Avenue NE Widening Project between the Renton north City limits and the City of Newcastle's south city limits at SE 95th Way. On August 20, 2003, the City entered into an agreement with King County to combine its project with the county's TIB-funded project under the project management of the City of Renton. In the course of the design it was determined that conversion of 2,058 square feet (0.047 acres) of the City-owned May Creek Park to right-of-way for the subject road widening project was necessary to complete needed roadway improvements for the King County portion of the project. It was also determined that May Creek Park was acquired under an Interagency Committee for Outdoor Recreation Salmon Recovery Funding Board(IAC-SRFB or IAC) approved Washington Wildlife and Recreation Program grant, which requires that such right-of-way to be taken for a road widen4 project be replaced by an equivalent area from property adjacent to or near the park property . (Effective July 1, 2007,the name Interagency Committee... was changed to Recreation and Conservation Funding Board[RCFB]and its office name changed to Recreation and Conservation Office [RCOJ). On September 23, 2007, the RCO approved the proposed conversion of this 2,058 square feet, along with the associated sight easement, in exchange for 2,548 square feet (0.058 acres) from the adjacent King County-owned"Brant" property directly to the north of the park, which has been determined to be equivalent to the property being taken for right-of-way. Since the deed transferring this property to the county requires the Mayor's signature, it must be approved by Council. On February 26, 2008,Northwest Cascade, Inc. of Puyallup submitted the apparent low bid for this construction contract and on March 17, 2008, the Council awarded the contract to Northwest Cascade, Inc. The contract was executed April 14, 2008, and Notice to Proceed was issued on April 23, 2008. Conveyance of the right-of-way and the other associated conveyances are essential to completing the construction project. IAC Manual 7 Funded Projects: Policies of March 17,2004 .41110 H:\Division.s\TRANSPOR.TAT\DESIGN.ENG\j wilh oit\duval I\maycreek\Duvalmayckconvissue.doc Marcie Palmer,Council President Members of the Renton City Council Page 3 of 3 October 13,2008 Subsequent to contract execution, the county's portion of the project, including the road for which this right-of-way is to be obtained, as well as the area of May Creek Park and vicinity, was annexed into the City of Renton. However, this Deed of Dedication was prepared prior to the annexation and conveys the right-of-way to King County. It is the opinion of the Renton City Attorney that it would be most expedient, and would be legal,to proceed with the conveyance to the county as already prepared. Once conveyed, it would become part of City right-of-way due to the annexation. The RCO has already given the needed consent to the conversion,verifying that it will enhance the future development of May Creek Park. CONCLUSION: The Transportation Systems Division recommends Council approve the documents that authorize the Mayor and City Clerk to execute the Deed of Dedication and related conveyances. Attachments: Deed of Dedication Easement for Sight Distance Area Agreement to Reconstruct Driveway(ARD) City of Renton letter of April 25, 2007,Request for Conversion Approval from IAC and attachments RCO Approval of Request for Conversion RCO#92-298A letter of October 3, 2007, with approval dated September 23, 2007, and attachments cc: Peter Hahn,Deputy PW Administrator—Transportation Bob Hanson,Transportation Design Supervisor Rob Lochmiller, Transportation Design Principal Engineer James Wilhoit,Transportation Design Project Manager Bob MacOnie,Mapping Supervisor Karen McFarland,Engineering Specialist Connie Brundage,Transportation Administrative Secretary File H:\Division.s\TRANSPOR.TAT\DESIGN.ENG\jwilhoit\duval l\maycreek\Duvalmayckconvi ssue.doc JcIvEo Facilities Management Division Department of Executive Services 'an3Portation Systems Div. King County Administration Building 500 Fourth Avenue, Room 800 Seattle, WA 98104-2337 206-296-0630 Fax 206-205-5070 TDD 206-296-0100 • • March 14, 2008 Public Works • City of Renton Attn: James Wilhoite, PE 1055 South Grady Way, Renton, WA 98055 RE: Coal Creek Parkway: Conveyance of IAC Exchange Property for City Park Dear Mr. Wilhoite, I am enclosing for the review and approval of the City of Renton a Warranty Deed and Sight Distance Easement for signing. These documents were mutually agreed to between the City of Renton and King County Roads. When properly executed the Warranty Deed will convey a strip of Renton City Park property identified as County tax no. 032305- 9287. The deed take strip contains 2,058 square feet for road right of way purposes. The Easement for Sight Distance describes 613 square feet. Both documents are for the Coal Creek Parkway SE road project. Also included herewith is an Agreement to Reconstruct Driveways. It describes and area of the driveway entrance containing 4,351 square feet of City Park property. When signed by the City of Renton it will allow King County Roads to enter the City Park's driveway entrance for the purpose of reconstructing it so that it will match the new road grade. This document is similar to a temporary construction easement and is null and void upon completion of the road project. Please have the Warranty Deed, Sight Distance Easement and Agreement to Reconstruct Driveways executed by the authorized party and return them to my attention at your earliest convenience to be recorded. At that time the County will forward to the City of Renton a Warranty Deed describing a portion of King County tax parcel no.032305-9116 I202U (formerly the Brant property) described as containing 2,548 square feet. This is in ,.., compliance with the regulations of the State of Washington Interagency Committee for Outdoor Recreation(IAC). The transactions described above when completed will fulfill the IAC requirements. Thank you for your assistance in this matter. If you have any further questions regarding this matter please call me at(206) 205-5650. Thank you. Best rds,a ole Property ent III Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton,WA 98057 DEED OF DEDICATION Property Tax Parcel Number: 032305-9287 Project File#: Street Intersection:Coal Creek Parkway&SE 95th Way Reference Number(s)of Documents assigned or released:Additional reference numbers are on page Grantor(s): Grantee(s): 1. City of Renton,a Municipal Corporation 1. King County LEGAL DESCRIPTION: (Abbreviated or full legal must go here. Additional legal on page ) As described on Exhibit A The Grantor,for and in consideration of mutual benefits conveys,quit claims,dedicates and donates to the Grantee(s)as NOS named above,the above described real estate situated in the County of King,State of Washington. IN WITNESS WHEREOF,I have hereunto set my hand and seal the day and year as written below. Approved and Accepted By: Grantor(s): City of Renton Grantee(s): King County Mayor City Clerk INDIVIDUAL FORM OF STATE OF WASHINGTON )SS ACKNOWLEDGMENT COUNTY OF KING ) I certify that I know or have satisfactory evidence that Notary Seal must be within box signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: H:\Division.s\TRANSPOR.TAT\DESIGN.ENG\jwilhoit\duvall\maycreek\DEEDofDed.doc Page 1 NIS FORM 04 000 l/bh Project: Exhibit A WO# Legal Description PID 032305-9287 GRANTOR: City of Renton Street: All that portion of Parcel A hereinafter described as follows: Beginning at Engineer's Station 212+21.89 on the construction centerline"A"line of Coal Creek Parkway SE as established by King County Road Survey No. 3-23-5-16;thence right and perpendicular to said construction centerline of Coal Creek Parkway SE to Engineer's Station 212+21.89 right, 45.00 feet,to the True Point of Beginning; Thence northerly along a line parallel to the construction centerline A of Coal Creek Parkway SE a distance of 308.1 feet; Thence south 51°00'59"west,2.15 feet; Thence southerly along the existing right of way line of Coal Creek Parkway SE a distance of 310.8 feet to the True Point of Beginning. Containing 2,058 square feet or 0.047 acre M/L. Parcel A: That portion of the north 530.00 feet of the northeast quarter of the northwest quarter of Section 3,Township 23 North,Range 5 East, W.M., in King County, Washington, lying north and east of Newcastle Road No. 3- 23-5-6 as established December 17, 1962 by King County Commissioner's records in Volume 72,page 8 and surveyed by King County under Survey No. 3-23-5-6(formerly known as the Renton-Newcastle Road No. 1019 established June 23, 1914 by the County Commissioners under Volume 18 at pages 44 through 48, inclusive,and surveyed by King County under Survey No. 1152 and partially revised by Newcastle Road No. 1019 Revision known as Road No. 34-24-5-4 as established September 12, 1949 by the County *N,,, Commissioners under Volume 47,page 570 and surveyed by King County under Survey No. 34-24-5-4), being more particularly described as follows: Beginning at the northeast corner of said subdivision; Thence south 01°24'41"west along the east line thereof, a distance of 530.00 feet; Thence north 88°29'34"west parallel with the north line of said subdivision,a distance of 827.91 feet to a point on the northeasterly margin of said Newcastle Road No. 3-23-5-6; Thence along said right-of-way as follows,north 68°51'45"west, a distance of 91.20 feet to the beginning of a tangent curve to the right having a radius of 542.96 feet the center of which bears north 21°08'15"east; Thence along the arc of said curve through a central angle of 21°01'31", a distance of 199.24 feet; Thence north 47°50'14"west, a distance of 3.57 feet to the beginning of a tangent curve to the right having a radius of 644.22 feet,the center point of which bears north 42°09'46"east; Thence along the arc of said curve through a central angle of 17°21'55",ad distance of 195.25 feet to the intersection of the south line of the north 250.00 feet of said subdivision; Thence south 88°29'34"east leaving said right-of-way along said parallel line,a distance of 673.32 feet; Thence north 01°24'41"east parallel with the eat line of said subdivision,a distance of 250.00 feet to a point on the north line of said subdivision; Thence south 88°29'34"east along the north line thereof, a distance of 540.80 feet to the point of beginning. TOGETHER WITH the right to make all necessary slopes for cuts and fills upon the abutting property on each side of any road which is now, or may be constructed hereafter on said property,may be made on their property as herein set forth,in conformity with standard plans and specifications for highway purposes,and to the same extent and purposes as if the rights herein granted had been acquired by condemnation proceedings under Eminent Domain statutes of the State of Washington. Nr,, H:\Division.s\TRANSPOR.TAT\DESIGN.ENG\jwilhoit\duvall\maycreek\DEEDofDed.doe Page 2 FORM 04 0001/bh ADM-ES-0500 Real Estate Services Section Grantor: CITY OF RENTON Grantee: KING COUNTY Legal Des: Ptn.N.530'of NE4,NW4 in S.3,T.23N,R.5 E., W.M. KC WA., Lying N&E of Newcastle Rd Tax Act: 032305-9287 EASEMENT FOR SIGHT DISTANCE AREA THIS AGREEMENT made this day of , 2008,by and between THE CITY OF RENTON, a charter-code city of the State of Washington, hereinafter called the Grantor, and KING COUNTY, a political subdivision of the State of Washington,hereinafter called the Grantee: WITNESSETH: WHEREAS, the Grantor herein is the owner of that certain parcel of land described as follows: That portion of the north 530.00 feet of the northeast quarter of the northwest quarter of Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington, lying north and east of Newcastle Road No. 3-23-5-6 as established December 17, 1962 by King County Commissioner's records in Volume 72, page 8 and surveyed by King County under Survey No. 3-23-5-6 (formerly known as the Renton-Newcastle Road No. 1019 established June 23, 1914 by the County Commissioners under Volume 18 at pages 44 through 48, inclusive, and surveyed by King County under Survey No. 1152 and partially revised by Newcastle Road No. 1019 Revision known as Road No. 34-24-5-4 as established September 12, 1949 by the County Commissioners under Volume 47,page 570 and surveyed by King County under Survey No. 34-24-5-4) , being more particularly described as follows: Beginning at the northeast corner of said subdivision; Thence south 01° 24'41" west along the east line thereof, a distance of 530.00 feet; Thence north 88° 29'34"west parallel with the north line of said subdivision, a distance of 827.91 feet to a point on the northeasterly margin of said Newcastle Road No. 3-23-5-6; Thence along said right-of-way as follows,north 68° 51'45"west, a distance of 91.20 feet to the beginning of a tangent curve to the right having a radius of 542.96 feet the center of which bears north 21° 08'15" east; Page 1 R/W 9-2003-007-15 Thence along the arc of said curve through a central angle of 21° 01'31", a distance of 199.24 feet; thence north 47° 50'14"west, a distance of 3.57 feet to the beginning of a tangent curve to the right having a radius of 644.22 feet, the center point of which bears north 42° 09'46" east; Thence along the arc of said curve through a central angle of 17°21'55", ad distance of 195.25 _ feet to the intersection of the south line of the north 250.00 feet of said subdivision; Thence south 88°29'34"east leaving said right-of-way along said parallel line, a distance of 673.32 feet; Thence north 01° 24' 41"east parallel with the eat line of said subdivision, a distance of 250.00 feet to a point on the north line of said subdivision; Thence south 88° 29'34" east along the north line thereof, a distance of 540.80 feet to The Point of Beginning. WHEREAS, it has been found necessary in the construction and improvement of Coal Creek Parkway Southeast to create a sight distance area over the said property of Grantor as follows: Beginning at Engineer's Station 213+74.56 on construction centerline"A" line of Coal Creek Parkway SE as established by King County Road Survey No. 3-23-5-16;thence to Engineer's Station 213+74.56 right,45.00 feet said point being the TRUE POINT OF BEGINNING; Thence north 31° 56'34" east 1.50 feet; Thence north along a line parallel to construction centerline"A" line to the intersection with the north property line a distance of 247.7 feet; os., Thence west 6.01 feet along the north property line to the northwest corner of said property, said point being located on the existing right of way line of Coal Creek Parkway; Thence south along the west property line a distance a distance of 96.5 feet; Thence north 51°00'59"east 2.15 feet; Thence south along a line parallel to said construction centerline A of Coal Creek Parkway SE a distance of 155.5 feet to the TRUE POINT OF BEGINNING. Containing 613 square feet or 0.014 acres M/L. NOW, THEREFORE, in consideration of the premises,the Grantor hereby agrees that said sight distance area may be made on the described property as herein before set forth, in conformity with standard plans and specifications for highway purposes. It is mutually agreed and understood by the parties hereto that this easement has been given to and accepted by Grantee subject to and upon the following conditions: The lands described herein shall not be improved in anyway to impair the line of sight Into the right-of-way of Coal Creek Parkway SE. Such improvement includes,but is not limited to, structures and landscaping. Page 2 R/W 9-2003-007-15 The Grantee herein shall have the right to enter upon these premises and do whatever is necessary to maintain the proper sight distance onto Coal Creek Parkway SE. ,,, IN WITNESS WHEREOF, the said Grantor has/have hereunto signed the day and year first above written. GRANTOR: THE CITY OF RENTON, a charter-code city of the State of Washington, By its: Denis Law, Mayor, City of Renton STATE OF WASHINGTON ) ) ss COUNTY OF KING ) Denis Law,to me known to be the Mayor of the City of Renton, a charter-code city of the State of Washington that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that on this day of , 2008, before me personally appeared Denis Law,who is authorized to execute, said instrument, and that the seal affixed is the corporate seal of said corporation. GIVEN under my hand and official seal the day and year last above written. NOTARY PUBLIC in and for the State of Washington, Residing at: My appointment expires: Page 3 R/W 9-2003-007-15 AGREEMENT TO RECONSTRUCT DRIVEWAY THIS AGREEMENT made this day of , 2008,by and between THE CITY OF RENTON, a charter-code city of the State of Washington,hereinafter called the Grantors, and KING COUNTY, a political subdivision of the State of Washington, hereinafter called the Grantee. WITNESSETH: WHEREAS,the Grantor represents and warrants to be the owner of that certain parcel of land described as follows: Parcel A: That portion of the north 530.00 feet of the northeast quarter of the northwest quarter of Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington, lying north and east of Newcastle Road No. 3-23-5-6 as established December 17, 1962 by King County Commissioner's records in Volume 72,page 8 and surveyed by King County under Survey No. 3-23-5-6 (formerly known as the Renton-Newcastle Road No. 1019 established June 23, 1914 by the County Commissioners under Volume 18 at pages 44 through 48, inclusive, and surveyed by King County under Survey No. 1152 and partially revised by Newcastle Road No. 1019 Revision known as Road No. 34-24-5-4 as established September 12, 1949 by the County Commissioners under Volume 47,page 570 and surveyed by King County under Survey No. 34-24-5-4) , being more particularly described as follows: Beginning at the northeast corner of said subdivision; Thence south 01° 24'41"west along the east line thereof, a distance of 530.00 feet; - Thence north 88° 29'34"west parallel with the north line of said subdivision, a distance of 827.91 feet to a point on the northeasterly margin of said Newcastle Road No. 3-23-5-6; Thence along said right-of-way as follows, north 68° 51'45"west, a distance of 91.20 feet to the beginning of a tangent curve to the right having a radius of 542.96 feet the center of which bears north 21° 08'15" east; Thence along the arc of said curve through a central angle of 21° 01'31", a distance of 199.24 feet; Thence north 47° 50'14"west, a distance of 3.57 feet to the beginning of a tangent curve to the right having a radius of 644.22 feet, the center point of which bears north 42° 09'46"east; Thence along the arc of said curve through a central angle of 17°21'55", ad distance of 195.25 feet to the intersection of the south line of the north 250.00 feet of said subdivision; Thence south 88° 29'34" east leaving said right-of-way along said parallel line, a distance of 673.32 feet; ,., Thence north 01° 24' 41" east parallel with the east line of said subdivision, a distance of 250.00 .1 R/W 9-2003-007-15 feet to a point on the north line of said subdivision; voNS Thence south 88° 29'34" east along the north line thereof, a distance of 540.80 feet to the point of beginning. WHEREAS, the Grantee is about to perform certain improvement work on: Coal Creek Parkway SE. NOW,THEREFORE, in consideration of the premises,the Grantor hereby grants to the Grantee by this agreement,the right to locate equipment and to work on the following described land for the purposes of carrying on said construction activities consistent with the purposes for reconstructing the driveway: That portion of the hereinabove described Parcel A as follows: Beginning at Engineer's Station 216+49.40 on construction centerline"A"line of Coal Creek Parkway SE as established by King County Road Survey No. 3-23-5-16;thence perpendicular to the said centerline of said Coal Creek Parkway SE to Engineer's Station 216.49.40 right, 41.30 feet, said point being the northwest corner of said property; thence east along the north property line a distance of 64.9 feet to the TRUE POINT OF BEGINNING; Thence east along the north property line a distance of 18.42 feet to the beginning of a non tangent curve to the right having a radius of 40.00 feet and whose center bears north 64° 14'27",east with a central angle of 64° 56'28"; Thence southeast along a curve a distance of 45.3 feet; Thence north 89° 17'59"east a distance of 80.12 feet; Thence south 00°42'01"east a distance of 18.00 feet; , Thence south 89° 17'59"west a distance of 72.13 feet to the beginning of a tangent curve to the left having a radius 40.00 feet and whose center bears south 00° 42'O1"east with a central angle of 98° 31'33"; Thence southwest along said curve a distance of 68.8 feet; y Thence south 09° 13'34"east a distance 8.08 feet; Thence south 80° 46'26"west a distance of 14.00 feet; Thence north 09° 13'34"west a distance of 75.84 feet; Thence north 01° 26'25"east a distance of 22.78 feet to the TRUE POINT OF BEGINNING. Containing 4,351 square feet or 0.100 acre M/L. This agreement shall remain in existence until such time as Grantee will have fully carried out the original construction necessary to complete the project. 2 R/W 9-2003-007-15 IN WITNESS WHEREOF,the said Grantor(s)has/have hereunto signed the day and year first above written. THE CITY OF RENTON, a charter-code city of the State of Washington. By its: Denis Law, Mayor, City of Renton STATE OF WASHINGTON ) ) ss COUNTY OF KING ) Denis Law, to me known to be the Mayor of the City of Renton, a charter-code city of the State of Washington that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that on this day of ,2008, before me personally appeared Denis Law,who is authorized to execute, said instrument, and that the seal affixed is the corporate seal of said corporation. GIVEN under my hand and official seal the day and year last above written. NOTARY PUBLIC in and for the State of Washington, residing at: My appointment expires: 3 R/W 9-2003-007-15 • ,\/--------A ( + Planning/Building/PublicWorks Department .n rN - - , - Kathy Keolker,Mayor Gregg Zimmerman P.E.,Administrator April 25, 2007 Laura E.Johnson Director Office of the Interagency Committee P. O. Box 40917 Olympia, WA 98504-0917 • Subject: Duvall Avenue NE/Coal Creek Parkway Widening/Reconstruction May Creek Park Property Exchange Justification for Conversion—Follow-Up Dear Ms. Johnson: This letter is a follow-up to our correspondence of February 20 and May 30, 2006, in which we requested and provided justification for the subject conversion. Subsequently, the City learned that it would have to revise the replacement property areas to accommodate the adjacent City of Newcastle Coal Creek Parkway Widening Project. The City asked Darrell Jennings of your office via e-mails from the City's project manager, James Wilhoit, if instead of having a new appraisal done we could just use the square footage dollar values previously established(i.e. $3.00 per square foot)for the revised reconfiguration. The IAC responded that this would be acceptable if we could have the Transportation Improvement Board (TIB), which is providing grant funding for this project,write a letter supporting the methodology of carrying the square foot value over to the added real property we are valuing. The IAC said that if the TIB can support this, it would be acceptable for our conversion process. We conveyed this request to the TIB, which accordingly sent us a letter dated September 29,2006,(copy attached) indicating concurrence with this approach. The revised plans and proposed Deed of Right(DOR)are attached for approval in accordance with the Interagency Committee Salmon Recovery Funding Board(IAC-SRFB) Manual 7 Funded Projects: Policies of March 17, 2004. As I previously indicated in the February 20, 2006 letter, approval of this conversion will enable us to complete the needed roadway improvements for King County and the City of Renton, and enhance the future development of May Creek Park at the same time. We are making every effort to prepare this project for a construction contract award in the summer of 2007. 1055 South Grady Way-Renton, Washington 98057 RENT O N Laura E. Johnson April 25, 2007 Page 2 We believe we have now provided all items needed for approval of the conversion and are requesting that the approval be expedited so we may proceed with execution of this project. If you do need any further information or clarification, please contact James Wilhoit, Civil Engineer at (425) 430-7319 or Bob Hanson, Design Supervisor, at (425)430-7223. Thank you for your immediate attention to our request. We appreciate your assistance in this important matter. Sincerely, • Gregg Zi er an, P.E. Administrator Attachment: Appraisals for exchanged parcels Revised Deed of Right Exhibit A(Legal Description) Exhibit B (Maps) City of Renton letter to TIB of September 8, 20O6 Ni.r TIB letter to City of Renton of September 29,2006 Vicinity Map County Assessor's Map annotated cc(w/o Vicinity Map&County Assessor's Map): Leslie Betlach, Parks Director James Wilhoit,Transportation Design Project Manager Don Bleasedale, King County Road Services, KSC-TR-0224 Gary Cole, King County Property Services, ADM-.CF-0500 Gary Phillips, Berger/ABAM Engineers cc(letter only): Peter Hahn, Deputy P/B/PW Administrator—Transportation Bob Hanson, Transportation Design Supervisor Jim Seitz, Transportation Planning Supervisor Divmon s'PHAN,CPOR T41.DI,SI(;N P.Nl7Pw.Ihoa,<I„yaP,p.ionc-ir,dcsign\inagcn-eA'dl)nndy;doc ADMINISTRATIVE OFFER SUMMARY —CITY OF RENTON, WASHINGTON PROJECT: City of Renton, Duvall Avenue NE / Coal Creek Parkway SE OWNERS NAME: County of King PROPERTY LOCATION: 9620 Coal Creek Parkway SE, Renton, WA 98059 BEFORE AREA: 32,372 sf AFTER AREA: 30,272 sf FEE: 2100 sf EASEMENT: none CURRENT USE: Vacant, unimproved ZONING: R1 HIGHEST & BEST USE: Residential —or community use such as park EFFECTS OF ACQUISITION: King County wishes to purchase a narrow portion of property owned by the City of Renton for a major road improvement program known as the Duvall Avenue NE/Coal Creek Parkway SE Reconstruction Project. The portion to be purchased is a narrow strip about 265 feet in length with a maximum width of nine feet. The county is prepared to offer in exchange a portion of an adjoining parcel of a similar size at 2100 square feet. That land offered the city adjoins the city parcel and is rectangular in configuration —a slightly more useful shape than the city is dedicating to the county. The county land is part of a residential parcel purchased in 2005. All improvements on the site have been removed. There are some decorative flowering bushes remaining on the site as well as some lengths of fence. The parcel is slightly sloping down to the north and is a good house site. The impact on the property will be minimal and the project will not impact the utility or highest and best use of the property. SALES RELIED ON: A review of sales and listings in the area of the area was carried out. The Northwest Multiple Listing Service provided a list of properties listed and sold in the area. That information was collated and examined to provide a basis to draw a value estimate of the subject property. In general terms, sales information of similar property allows a person to estimate values based upon the principle that market evidence will predict a probable sale price of property. This is often referred to as the"sales approach" or"market data approach" in appraisal. For the Renton project, it was found that raw land similar to the subject sold in the range of$2.79 to $4.32 psf. There were a number of sales of similar property found in an Issaquah equestrian oriented development in the range of$3.15 to $3.56 psf. They would be viewed as superior to the subject. The nature and character of the comparables leads to a value estimate of$3.00 psf for the subject. That conclusion is backed up by three unsold listings of similar but better located property in Renton in the range of$2.84 to$3.30 psf. The data used to prepare this estimate is contained in a data package for this project at the offices of Certified Land Services in Seattle. ACQUISITION COMPENSATION Land 2100 sf@ $3.00 psf $ 6300.00 Easement $ 0.00 Damages $ 0.00 Total $ 6300.00 QUALIFICATIONS: I am a trained appraiser with thirty years experience in all aspects of real estate work including appraisal, acquisition, sales, leasing and related tasks. Most recently, I have prepared several hundred of value estimates of this type. I am accredited as a Senior Member of the International Right f y sociatio Prepared b ,May 24, 2006 Michael Armstrong, S Tax Parcel Number: 0323059116 Project Parcel Number 1-0055 Plan: Duvall Ave NE Reconstruction Project PRW-02 Date: 9/18/2005 This form is prepared in conformance with WSDOT policy and procedures. It does not constitute an appraisal as defined by USPAP. ADMINISTRATIVE OFFER SUMMARY— CITY OF RENTON, WASHINGTON PROJECT: City of Renton, Duvall Avenue NE /Coal Creek Parkway SE — PcI 1-0055 OWNERS NAME: City of Renton PROPERTY LOCATION: Coal Creek Parkway SE BEFORE AREA: 435,802 sf AFTER AREA: 433,744 sf FEE: 2058 sf EASEMENT: (sight): 613 sf CURRENT USE: Vacant, unimproved ZONING: R1 HIGHEST & BEST USE: Residential— or community use such as park EFFECTS OF ACQUISITION: King County wishes to purchase a narrow portion of this property for a major road improvement program known as the Duvall Avenue NE/Coal Creek Parkway SE Reconstruction Project. It is a narrow strip about 265 feet in length with a maximum width of nine feet. It has some low brush and native vegetation that has grown on the shoulder of the road since it was built. That part of the site is a steep roadside bank with little utility. The county plans to install a wall over a portion of the property to support the newly constructed road. There is also a need for a 613 sf sight easement along the northerly portion of the property. That will.permit the county to enter the property to cut trees and brush as required to maintain safe sight distances along the curve in the road which is this property's frontage along Coal Creek Parkway. The impact on the property will be minimal. SALES RELIED ON: A review of sales and listings in the area of the area was carried out. The Northwest Multiple Listing Service provided a list of properties listed and sold in the area. That information was collated and examined to provide to draw a value estimate of the subject. In general terms, sales information of similar property allows a person to estimate values based upon the principle that market evidence will predict a probable sale price of property. This is often referred to as the "sales•approach or"market data approach" in appraisal. For the Renton project, it was found that raw land similar to the subject sold in the range of$2.79 to $4.32 psf. There were a number of sales of similar property found in an Issaquah equestrian oriented development in the range of$3.15 to$3.56 psf. They would be viewed as superior. The nature and character of the comparables leads to a value estimate of$3.00 psf for the subject. That conclusion is backed up by three unsold listings of similar but better located property in Renton in the range of$2.84 to $3.30 psf. Compensation for the sight easement was calculated at 10% of the land value because its minimal impact on the property. The data used to prepare this estimate is contained in a data package for this project at the offices of Certified Land Services. ACQUISITION COMPENSATION Land 2058 sf@ $3.00 psf $ 6174.00 Easement (sight) 613 sf@ $0.30 psf $ 184.00 Damages $ 0.00 Total $ 6358.00 QUALIFICATIONS: I am a trained appraiser with thirty years experience in all aspects of real estate work including appraisal, acquisition, sales, leasing and related tasks. Most recently, I have prepared several hundred of value estimates of this type. I am accredited as a Senior Member of the International Right of Wa ssociati . Prepared b ( May 24, 2006 Michael Armstrong, S Tax Parcel Number: 0323059287 Project Parcel Number 1-0055 Plan: Duvall Ave NE Reconstruction Project PRW-02 Date: 9/18/2005 This form is prepared in conformance with WSDOT policy and procedures. It does not constitute an appraisal as defined by USPAP. Return Address: City Clerk's Office '+ City of Renton 1055 South Grady Way Renton, WA 98055 Title: Deed of Right to Use Land for Property Tax Parcel Number: • Public Recreation Purposes 032305-9287 &032305-9116 Project File#: Street Intersection or Project Name: May Creek Grantor(s): Grantee(s): City of Renton, a Municipal Corporation The State of Washington Full legal is on page 3-5 of this document. (Abbreviated legal description MUST go here.) LEGAL DESCRIPTION: PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3,TOWNSHIP 23 • NORTH,RANGE 5 EAST,W.M.IN KING COUNTY WASHINGTON The Grantor, City of Renton for and in consideration of monies coming in whole or in part from the Outdoor Recreation Account of the General Fund of the State of Washington and in fulfillment of terms of the Project Agreement identified below,conveys and grants to the State of Washington individually and as the representative of all the people of the State, the right to use the real property described below forever for the outdoor recreation purposes. Those purposes are described in the Project Agreement entered into between the Grantor and the State of Washington through the Interagency Committee for Outdoor Recreation entitled May Creek Project Number 91-259A& 92-298 signed by the Grantor on the day of and by the Interagency Committee on the day of and the application and supporting materials which are on file with the Grantor and the state in connection with the Project Agreement. The Grantor will not make or permit to be made any use of the real property described in this deed,or any part of it,-which is inconsistent with the right to use for public outdoor recreation herein granted unless the state,through the Interagency Committee for Outdoor Recreation or its successors,consents to the inconsistent use,which consent shall be granted only upon conditions which will ensure that other outdoor recreation land of at least equal fair market value at the time of change of use and of as nearly as feasible equivalent usefulness and location for the public recreation purposes for which state assistance was originally granted will be substituted in the manner provided in RCW 79A.25.100 for marine recreation land, whether or not the real property covered by this deed is marine recreation land. RCW 79A.25.100 reads as follows: "Marine recreation land with respect to which money has been expended under RCW 43.99.080(recodified as RCW 79A.25.080)shall not,without the approval.of the committee,be converted to uses other than those for which such expenditure was originally approved. The committee shall only approve any such conversion upon conditions which will assure the substitution of other marine recreation land of at least equal fair market value at the time of conversion and of as nearly as feasible equivalent usefulness and location." This deed shall in no way modify or extinguish the functions of the Grantor under the Project Agreement, including the Grantor's function to operate and maintain the as set out in the Project Agreement. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING On this day of ,20 ,before me personally appeared to me known to be of the corporation that executed the within instrument,and acknowledge the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS Noire COUNTY OF KING On this day of ,20 , before me personally appeared 3o me known to be of the corporation that executed the within instrument, and acknowledge the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and each on oath stated that he/she was authorized to execute said • instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: H:\File Sys\PRM-Property Services Administration\PRM-02-City Owned Property\May Creek Park\Right of Use Deed.doc\ "Now,' Page 2 Exhibit A LEGAL DESCRIPTION PARCEL A AND PARCEL B; LESS PARCEL C; AS DESCRIBED AS FOLLOWS: PARCEL A(10.00 ACRE RENTON PARKS PARCEL) THAT PORTION OF THE NORTH 530.00 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3,TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. LYING NORTH AND EAST OF COAL CREEK PARKWAY SE(NEWCASTLE ROAD NO. 3-23-5-6 AS ESTABLISHED DECEMBER 17, 1962 BY KING COUNTY COMMISSIONERS RECORDS IN VOLUME 72 PAGE 8 AND SURVEYED BY KING COUNTY UNDER SURVEY NO. 3-23-5-6, FORMERLY KNOWN AS THE RENTON-NEWCASTLE ROAD NO. 1019 ESTABLISHED JUNE 23, 1914 BY THE COUNTY COMMISSIONERS UNDER VOLUME 18 AT PAGE 44-48 AND SURVEYED BY KING COUNTY UNDER SURVEY NO. 1152 AND PARTIALLY REVISED BY NEWCASTLE ROAD NO. 1019 REVISION KNOWN AS ROAD NO. 34-24-5-4, AS ESTABLISHED SEPTEMBER 12, 1949 BY THE COUNTY COMMISSIONERS UNDER VOLUME 47 PAGE 570 AND SURVEYED BY KING COUNTY UNDER SURVEY NO. 34-24-5-4), BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE SOUTH 01°24'41" WEST ALONG THE EAST LINE THEREOF A DISTANCE OF 530.00 FEET; THENCE NORTH 88°29'34" WEST PARALLEL WITH THE NORTH LINE OF SAID SUBDIVISION A DISTANCE OF 827.91 FEET TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY MARGIN OF SAID COAL CREEK PARKWAY SE; THENCE NORTHWESTERLY ALONG SAID RIGHT OF WAY MARGIN NORTH 68°51'45" WEST A DISTANCE OF 9120 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 542.96 FEET THE CENTER OF WHICH BEARS NORTH 21°08'15" EAST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21°01'31" A DISTANCE OF 199.24 FEET; THENCE NORTH 47°50'14" WEST A DISTANCE OF 3.57 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 644.22 FEET, THE CENTER OF WHICH BEARS NORTH 42°09'46" EAST; THENCE ALONG THE ARC OF SAID'CURVE THROUGH A CENTRAL ANGLE OF 17°21'55" A DISTANCE OF 195.25 FEET TO THE INTERSECTION OF THE SOUTH LINE OF THE NORTH 250 FEET OF SAID SUBDIVISION; THENCE SOUTH 88°29'34" EAST LEAVING SAID RIGHT OF WAY ALONG SAID PARALLEL LINE A DISTANCE OF 673.32 FEET; THENCE NORTH 01°24'41" EAST PARALLEL WITH THE EAST LINE OF SAID SUBDIVISION A DISTANCE OF 250.00 FEET TO A POINTON THE NORTH LINE OF SAID SUBDIVISION; H:\file Sys\PRM-Property Services Administration\PRM-02-City Owned Property\May Creek Park\Right of Use Deed doc\ Page 3 Exhibit A LEGAL DESCRIPTION THENCE SOUTH 88°29'34"EAST ALONG SAID NORTH LINE A DISTANCE OF 540.80 FEET TO THE POINT OF BEGINNING. PARCEL B (DEED ALLOCATION TO PARK) A PARCEL OF LAND FOR THE PURPOSE OF OFFSETTING LAND USED FOR RIGHT OF WAY PURPOSES, SAID PARCEL DESCRIBED AS FOLLOWS: COMMENCING AT CITY OF RENTON MONUMENT#3124 LOCATED AT THE INTERSECTION OF THE CENTERLINES OF NORTHEAST TWENTY-FOURTH STREET AND COAL CREEK PARKWAY SE; THENCE NORTH 34°59'35" WEST 1260.22 FEET TO THE POINT OF INTERSECTION OF THE OF THE SOUTH LINE OF THE NORTH 250 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3,TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. AND THE EXISTING EASTERLY RIGHT OF WAY MARGIN OF COAL CREEK PARKWAY SE, SAID POINT ALSO BEING 41.0 FEET RIGHT OF AND PERPENDICULAR TO THE CENTERLINE OF COAL CREEK PARKWAY SE AT STATION 216+49.51 PER DUVALL AVENUE NE/COAL CREEK PARKWAY SE RECONSTRUCTION PROJECT RIGHT-OF-WAY PLANS—KING COUNTY, PROJECT NUMBER 200891; THENCE SOUTH 88°30'O1"EAST ALONG SAID SOUTH LINE A DISTANCE OF 8.20 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 88°30'01"EAST A DISTANCE OF 75.83 FEET ALONG SAID SOUTH LINE; THENCE NORTH 1°25'27"EAST, PARALLEL WITH THE EAST LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 30.00 TO AN INTERSECTION WITH A LINE 30 FEET NORTH OFAND PARALLEL WITH SAID SOUTH LINE AS MEASURED PERPENDICULAR TO SAID SOUTH LINE; THENCE NORTH 88°30'0l" WEST ALONG SAID PERPENDICULAR LINE A DISTANCE 93.67 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 637.22 FEET AND WHOSE CENTER BEARS NORTH 62°16'14" EAST WITH A CENTRAL ANGLE OF 03°08'27"; THENCE SOUTHEAST ALONG SAID CURVE A DISTANCE OF 34.92 FEET TO THE POINT OF BEGINNING; CONTAINING 2548 SQUARE FEET(0.058 ACRE) MORE OR LESS. PARCEL C (RIGHT OF WAY DEED TAKE BY KING COUNTY) A STRIP OF LAND FOR RIGHT OF WAY PURPOSES DESCRIBED AS FOLLOWS: COMMENCING AT CITY OF RENTON MONUMENT#3124 LOCATED AT THE INTERSECTION OF THE CENTERLINES OF NORTHEAST TWENTY-FOURTH STREET AND COAL CREEK PARKWAY SE; THENCE NORTH 24°51'12" WEST 818.16 FEET TO AN INTERSECTION WITH THE EXISTING EASTERLY RIGHT OF WAY MARGIN OF COAL CREEK PARKWAY SE; New N:\File Sys\PRM-Property Services Administration\PRM-02-City Owned Property\May Creek Park\Right of Use Deed.doc\ Page 4 Exhibit A LEGAL DESCRIPTION THENCE NORTH 68°49'59"WEST ALONG SAID RIGHT OF WAY MARGIN A DISTANCE OF 81.6 FEET TO THE SOUTHWEST CORNER OF SAID STRIP, SAID SOUTHWEST CORNER ALSO BEING 45.0 FEET RIGHT OF AND PERPENDICULAR TO THE CENTERLINE OF COAL CREEK PARKWAY SE AT STATION 212+21.89 PER DUVALL AVENUE NE/COAL CREEK PARKWAY SE RECONSTRUCTION PROJECT RIGHT-OF- WAY PLANS — KING COUNTY, PROJECT NUMBER 200891 AND THE POINT OF BEGINNING; THENCE NORTH 58°03'26W A DISTANCE OF 152.67 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 482.00 FEET; THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 155.46 FEET; THENCE SOUTH S 1°00'59"WEST 2.15 FEET TO A POINT ON SAID EXISTING EASTERLY RIGHT OF WAY MARGIN,SAID POINT ALSO BEING 42.84 FEET RIGHT OF AND PERPENDICULAR TO THE CENTERLINE OF COAL CREEK PARKWAY SE AT STATION 215+44.56 PER SAID RIGHT OF WAY PLAN; THENCE SOUTHEASTERLY ALONG SAID EXISTING EASTERLY RIGHT OF WAY MARGIN A DISTANCE OF 310.7 FEET TO THE POINT OF BEGINNING; CONTAINING 2058 SQUARE FEET(0.48 ACRE) MORE OR LESS. SAID PARCELS A, B &C ALL SITUATE IN THE THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3,TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. H:\Bile Sys\PRM-Property Services Administration\PRM-02-City Owned Property\May Creek Park\Right of Use Deed.doc\ Page 5 Exhibit B ,....,, MAPS 1 I .a:°e "PARCEL B .SEE SHEET ; • noe. 'PARCEL 8' OF ' � I TRUE POINT OF BEGINNING \\......-E:::.:,-.::-.-i.. _____I______i____ __.i \ ( PARCEL C": w�f. •EE SHEET "PARCEL A": G�O, 2 \ •\ 1 - EXISTING PARK SITE cry TRUE�POINT 1 r-oau • ea-. OF BEGINNING \ . CENTERLINE OF EXISTING COAL CREEK PARKWAY SE •.\ N N RIGHT-OF-WAY LINE ` \ c \ N \T ` \ \ \c�W �ocp �� - \.3-71 m � yell. �. \ \'� N \ . *low. \ I 1 ROW LINE \ \ 1 ,EXISTING BEARING UNES TO� \ TRUE POINT OF_. \ V 11 I BEGINNING OF \ \ PARCELS B & C \.! .\ I FOUND 3/4" COPPER ROD \ IN 4"x4" CONC. MON. \\ IN MON. CASE \ I J NE 24TH STREET I In f 1� 1 - . "A" LINE PC = n a in o STA. "RWA" 213+97.60 a 0 110 0 110 220 (5.23• RT) in 1 a — • scale feet - FOUND 2' BRASS DISK IN 4'x4" CONC. MON. IN MON. CASE EXISTING LEGEND PROPOSED LEGEND -- ---- CENTERLINE ROW ACQUISITION — — — — — RICH T-OF-WAY .._ . :.:._. EXHIBI T: --—-- PROPERTY LINE RICH T-OF-WAY ) (7-0000) PARCEL NUMBER - 0o3 fir► H:\file Sys\PRM-Property Services Administration\PRM-02-City Owned Property May Creek Park\Right of Use Deed.doc\ Page 6 Exhibit B MAPS 1 0323059116 0 REEL BRANT (1-0056) `PARCEL B \ 9620 COAL CREEK PARKWAY ROPOSED LAND RENTON, WA 98059 EXCHANGE AREA \ N88:30'01"W (2,548 SF) 93 67' 588 30'01 E \7`c:33 -\ 7583' c,4.. ` 7 \\� ` \*-rl TRUE POINT ,F J, \' OF BEGI \\\ „s v sue/ \ ; PNE) 0 1- 0323059287 • \ CITY OF RENTON \ \ (1-0055 \ \ \ Ps0,e, \ PARCEL A \ 'rs�'i \ �� Y EXISTING PARK SITE N . Y. \"1'i',ys N .\ �$ \ . PARCEL C N \ \\ "•OPOSED i- N 0W ACQUISITION N 2 058 SF) s. \ `\ �/4% N N. YO ``. . ~iebJ PROPOSED ROW LINE N \\ s'rS�`�'' - PARCEL C CENTERLINE OF EXISTING N TRUE POINT COAL CREEK PARKWAY SE \ - OF BEGINNING RIGHT-OF-WAY LINE N. r• N CO. V \ \ 'v...r" v 4 4159 9� NIS \\NN., 110 0 110 220 FOUND 3/4" COPPER ROD I = C IN 4"x4" CONC. LION. stoic feet IN MON. CASE EXISTING LEGEND PROPOSED LEGEND CENTERLINE ROW ACQUISITION — RIGHT-OF-WAY EXHIBIT: RIGHT-OF-WAY -- -- PROPERTY LINE E/..0000D PARCEL NUMBER I 23 H:\File Sys\PRM-Property Services Administration\PRM-02-City Owned Property\May Creek Park 1Right of Use Deed.doc\ NIS Page 7 \-�Y o CITY OF RENTON G �► © PlanningBuilding/PublicWorks Department Kathy Keolker,Mayor Gregg Zimmerman P.E.,Administrator N�O�� September 8, 2006 Mr. Greg Armstrong, P.E. Washington State Transportation Improvement Board P.O. Box 40901 . Olympia, WA 98504-0901 SUBJECT: KING COUNTY COAL CREEK PARKWAY WIDENING/ • RECONSTRUCTION(RENTON C/L TO NEWCASTLE C/L)TIB PROJECT NUMBER 8-1-017(069)-1-MAY CREEK PARK PROPERTY EXCHANGE JUSTIFICATION FOR CONVERSION Dear Mr. Armstrong: �... The City of Renton is the owner of May Creek Park, which lies in King County outside the City Limits, at the north end of subject'road widening:project. This property was acquired under a Washington State Wildlife and Recreation,Program Interagency Committee(IAC)-approved grant. The project requires'_Right-of way rrom;this property,and it must be replaced with., equivalent property per IAC guidelines. • As sponsor/lead agency of the project agreement(we are managing design of this project in conjunction with the Ci y's Duvall AvenueM Widening(SR-900 To North C/L)1113 Project Number 8-1-017(069)-2) and owner of theproperty,the City is tasked with making the request and providing the justification for the conversion,and for preparing and recording an amendment to the previously recorded Deed of'Right.(DOR).The City made this request by submitting required information,including and appraisal of the properties to be exchanged,via letters of February 20 and May 30,2006(attached for your review). However, subsequent to the submission the City learned that it would have to revise the Replacement property areas to accommodate the adjacent City of Newcastle Coal Creek Parkway widening project. The City asked TIB, via e-mail, if instead of having a new appraisal done, we could just use the square footage dollar values previously established,i.e. $3/square foot, for the revised reconfiguration. IAC responded that this would be acceptable if we could have TIB (Mr.Armstrong by name) write a letter supporting that methodology to carry the square foot value over to the added real property we are valuing. IAC said that if you can support that, it would be acceptable for our conversion process. Accordingly,we are requesting that you inform the City of Renton that you approve of our proposed method of appraising the properties for the revised conversion process. Note that we have now increased the square footage for the replacement area,from 2,100 to 2,548, thus increasing its value from$6,300 to $7,644, which exceeds the value of the take. I055 South Grady Way- Renton, Washington 98055 R E N T O 1 A ll1-.A U Ui i „ , ( I R, 1 ills nano,rnntans.`O/,, v1.N7,natenal 30%Mast wr,siwrw �songton sV• t Washington State (S1 eC j Transportation Improvement Board yon tmpro��� RECEIVED TIB Members OCT -3 2006 Commissioner Leo Bowman Chair,Benton County TransportationSystems S stems Div. Councilmember Jeanne Burbidge Vice Chair.City of Federal Way September 29, 2006 Mr.Todd Coleman Port of Vancouver Ms.Kathleen Davis WSDOT Mr.Mark Freiberger.P.E. Mr. James Wilhoit' City of Colville Councilmember William Ganley Project Manager City of Battle Ground City of Renton Councilmember Calvin Goings 1055 South Grady Way Pierce County Ms.Paula Hammond,P.E. Renton, WA 98055-3232 WSDOT Ms.Doreen Marchione Hopelink Councilmember Neil McClure RE: Coal Creek Parkway Property Conversion(TIB Project Number 8-1-017(069)-1) City of Yakima Mr.Dick McKinley City of Bellingham Mr.Dave Nelson Dear Mr. Wilhoit: Grant County Commissioner Greg Parlor) The Transportation Improvement Board received your September 8, 2006 letter Whitman County Mrs.Robin Rettew requesting concurrence with the city's methodology in valuing park property. After Office of Financial Management reviewing your proposal, we concur with your method for determining the value of Mr.David Stahleirn the property. City of Wenatchee Ms.Heidi Stamm HS Public Affairs For assistance with your project, contact Greg Armstrong, TIB Project Engineer, at Mr.Harold Taniguchi (360) 586-1142 or via e-mail at GregA(a,TlB.wa.gov. King County Metro Transit Mr.Steve Thomsen Snohomish County Sincerely, Mr.Jay Weber :ounty Road Administration Board 1114 • Mr.Ralph Wessels,P.E. Bicycle Alliance of Washington G rArmstrong Chief Engineer Mr Stevan Gorcester Executive Director' P.O.BOK 40901 Olympia.WA 98504-0901 Phone:360-586-1140 Fax.360-586-1165 www.tib.wa.gov Investing in your local community RECEIVED Natural Resources Building c srAreo� °C Natural Washington St SE o� ::� 20�) (360)El!) Tran s "�= sponation Systems Div. 'O Box 40917 �y_ . oy ,ympia WA 98504-0917 tee9 E-mail:info@rco.wa.gov STATE OF WASHINGTON Web site:www.rco.wa.gov RECREATION AND CONSERVATION OFFICE October 3, 2007 Gregg Zimmerman, P.E. City of Renton 1055 South Grady Way Renton, WA 98055 Re: May Creek Trail (Park) RCO #92-298A Approval of Request for Conversion Dear Mr. Zimmerman: I am writing to notify you that your request to convert 2,058 square feet of May Creek Park was approved by the Recreation and Conservation Offices on September 23, 2007. For your reference I have attached a signed copy of the conversion memorandum authorizing this approval. Please note that this decision only grants consent to proceed with the conversion action. In order to complete the procedures for fulfilling the cony€rsion requirements, the following documentation2 for the replacement property that will be added to the recreation estate must be submitted to RCO: o Recorded deed o Title insurance o Hazardous substance certification and supporting documentation o Documentation of compliance with either Section 106 or Governor's Executive Order 05-05 regarding cultural and historic resources. In addition, the following must also be submitted to document the revisions to May Creek Park: o A revised project area (park) boundary map o Legal description for the new park boundary o Recorded Deed of Right for the new park boundary 1 On July 1, 2007 the name of the Interagency Committee for Outdoor Recreation changed to the Recreation and Conservation Funding Board (RCFB)and the name of the office changed to the Recreation and Conservation Office(RCO). **I..' 2 Further explained in RCO Participation Manual#3 Acquiring Land:Policies Recreation and Conservation Funding Board•Salmon Recovery Funding Board•Washington Biodiversity Council —043B" Washington Invasive Species Council •Forum on Monitoring Salmon Recovery and Watershed Health 0 May Creek Trail, RCO#92-298A Conversion Approval October 2, 2007 Page 2 Approval for this request is good for six months — ending on Monday, March 24, 2008. 441.0 Should the conversion not be executed and the required information received by then, RCO's approval for this request will be rescinded. I appreciate everything you can do to see that this information is provided as expeditiously as possible. Thank you again for your commitment and diligent work to preserve Washington's outdoor recreation resources. If you need assistance, please contact me by calling (360) 902-3020 or by sending email to darrellWco.wa.gov. Sincerely, Darrell J gs Grants M Hager Enclosure Cc: James Wilhoit, City of Renton Leslie Betlatch, City of Renton Leslie Ryan-Connelly, RCO (w/o attachment) NIS . { Natural Resources Building , sTAr`04, (360)902-3000 1111 Washington St SE ° :1 • TTY(360) 902 1996 Olympia WA 98501 °C� Fax:(360) 902-3026 °O Box 40917 I)4:1 1889 a°y° E-mail:info @ rco.wa.gov )lympia WA 98504-0917 Web site:www.rco.wa.gov STATE OF WASHINGTON RECREATION AND CONSERVATION OFFICE August 13, 2007 To: Laura Johnson, Director From: Marguerite Austin, Section Manager Prepared by: Darrell Jennings, Grants Manager Subject: City of Renton — Conversion Request May Creek Trail (Park) #92-298A Summary The City of Renton is requesting approval to convert 2,058 square feet of May Creek Park that was acquired in 1996 using a state Washington Wildlife and Recreation Program (WWRP) Local Parks category grant. The site is located along Coal Creek Parkway just south of May Creek. The City is making this request to allow a road-widening project of Coal Creek Parkway to improve the safety and capacity of the arterial roadway that is along the park's western border. May Creek Park is currently undeveloped. The city's division of Parks, Recreation and Cultural Services supports this conversion request. RCO Conversion Policy RCO's general administrative rules and some statutory program language restrict the use of grant-assisted property to only the purposes for which the funding was granted. The following excerpt from Manual #7, Funded Projects: Policies and the Project Agreement explains: The sponsor shall not at any time convert any real property acquired or any facility developed pursuant to this Agreement to uses other than those purposes for which assistance was originally approved, without the approval of IAC's Board or Director, in compliance with applicable statutes, rules, and IAC policies as identified in this Agreement. It is the intent of IAC's conversion policy that all lands acquired and all lands developed with funding assistance from IAC remain in the public domain in perpetuity unless otherwise identified in the Agreement. By IAC policy and state and federal law, a conversion may occur under any of the following circumstances: Conveyance. Property interests are conveyed for non-public outdoor recreation or habitat conservation uses; Use. Non-outdoor recreation or habitat conservation uses (public or private)are made of the project area, or portion thereof; Development. Non-eligible indoor facilities are developed within the Project area without prior approval of IAC-SRFB or the Director; or Recreation and Conservation Funding Board•Salmon Recovery Funding Board•Washington Biodiversity Council •413!'•• Washington Invasive Species Council•Forum on Monitoring Salmon Recovery and Watershed Health tO Termination of Use/Conformance • Outdoor Recreation projects-Public use of the property acquired or developed with IAC assistance is terminated. • Habitat Conservation and Salmon Recovery Projects-The property acquired no longer meets or conforms to the intent of the category in which it was funded. Additionally, the following language is incorporated into Renton's original grant agreement for the acquisition site: The Public Agency shall not at anytime convert any property or facility acquired or developed pursuant to this Agreement to uses other than those for which assistance was originally approved, without prior approval of the IAC' in the manner provided by in RCW 43.99.1002 for marine recreation land, whether or not the property was acquired with Initiative 215 funds. Converted Property The city is seeking approval to convert 2,058 square feet and a 613 square foot sight easement along the park's western border to accommodate a road-widening project of Coal Creek Parkway. The property subject to the conversion is primarily steep sloped and generally unusable as parkland as it is steep and proximity to the roadway. . The road project is a joint project between King County and the city in an effort to improve safety along this high capacity corridor. The site is currently undeveloped so no developed recreational amenities are affected by this conversion request. Replacement Property The property proposed for replacement is greater in size at 2,548,square feet and also adjoins the park property on its northwest boundary. Analysis: 1. All practical alternatives to the conversion have been evaluated and rejected. The City and the County considered other alignment options for Coal Creek • Parkway early in the design. Any other alignment of the road project would not have met the parameters on which the County based its speed limit deviation. In addition the cities of Renton and Newcastle will also cooperatively be making alignment modifications to SE 95th Street, a cross street to Coal Creek Parkway and adjacent to May Creek Park. Another alignment option would have negated these changes that would otherwise make important sight and safety improvements. For these reasons the other alternatives were rejected. 2. Fair market value has been established. The land proposed for substitution is of equal current value. The market value of the both the take and replacement properties has been established through procedures outlined in RCO Manual #3, Acquiring Land: Policies. The findings are depicted in the following table: 1 On July 1, 2007 the name of the Interagency Committee for Outdoor Recreation changed to the Recreation and Conservation Funding Board (RCFB)and the office name changed to the Recreation and Conservation Office (RCO). 2 RCW 43.99.100 has been recodified to RCW 79A.25.110 Page:2 of 3 32,058 s.f. @$3.00 =$6174 4613 s.f. @$0.30 = $184 2,548 s.f. @ $3.00= $7,644 +$1,286 Total = $6,358 In this exchange, there is a net gain of$1,286 for the recreation estate. 3. The land proposed for replacement is of reasonably equivalent recreation utility to that being converted. The replacement property is at the same site. The converted property is a sliver of the roadway prism that is almost entirely on a steep slope/embankment, rising from the park area surface. Although it has vegetation and aesthetic value, it cannot be easily traversed and provides little to no opportunity for actual recreational use. The replacement property is on relatively flat ground and is adjacent to the northwest corner of the park. The Master Plan for the park has not yet been updated to incorporate this piece but it is reasonable to expect that this piece could be used to locate one or more of the following: parking, playground equipment, access road, sidewalk or trail, picnic area and/or shelter, restroom facilities, open space, etc... 4. The land proposed meets the eligibility requirements, and is not currently publicly owned. The proposed replacement is consistent with eligibility requirements for acquisition projects as outlined in RCO manual #3. Recommendation RCO staff recommends the approval of this conversion request. Because the conversion is less than ten percent of the cost of the original project scope and the total cost of the conversion is less that $25,000, RCO's Director has the authority to approve this conversion. Darrell J ings, CO Grants Manager Date ar�Austin, RCO Section Manager ate i_C� C7 G'1 Rachael Langen, RC a eputy Director Date 3 Conversion of fee simple property 4 Conversion of easement(sight) Page:3 of 3 • L 4,.$\„_fi,4.• "\-/i/ 1.______ Z i_Z It,64 /\ --- I -\ i / - r aiu...... ,.. ....,,, , e se. ... 04-.0'"'"*. !--/7 ce° 1 Is3Avoloi e , 631 1, ,_ Z 452 to , , R _ 0.9 ,,,p,(- 3s 3nv alert ';',ii q CY 1 . 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'RWA" 213+97.60 0 0 110 0 110 220 (5.23' RT) ul scale feet FOUND 2" BRASS DISK • IN 4"x4" CONC. MON. IN MON. CASE EXISTING LEGEND PROPOSED LEGEND ------- CENTERLINE ROW ACQUISITION — — — — — RIGHT-OF-WAY EXHIBIT: RIGHT-OF-WAY —--—--— PROPERTY LINEA (7-0000) PARCEL NUMBER `'rr PAGE 1 OF 2 • CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING ASPIRATIONAL GOALS FOR EMERGENCY RESPONSE FOR THE RENTON FIRE AND EMERGENCY SERVICES DEPARTMENT. WHEREAS, the Renton Fire and Emergency Services Department responds to emergency calls throughout the City of Renton; and WHEREAS, within the great majority of the City, as outlined on the map attached hereto as Exhibit "A" , the Fire and Emergency Services Department has been able to respond to 90% of the emergency services calls within 7 '/2 minutes of notification of that call by Valley Communications Services or otherwise; and WHEREAS, with the maintenance of the current level of funding, staffing and equipment, in non-emergency situations, the Fire and Emergency Services Department aspires to continue this exemplary level of emergency response; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. It is hereby established that the Renton Fire and Emergency Services Department aspires, in a non-disaster situation, under current conditions of funding, staffing and equipment, to respond to 90% of the emergency services calls within 7 '/2 minutes within the territory shown on Exhibit "A". PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk 1 RESOLUTION NO. APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1361:9/23/08:scr 2 added 0?esoluft.on 10-13-.00' CITY OF RENTON, WASHINGTON /43ekida lfeyr� 4 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, OPPOSING INITIATIVE 985, THE REDUCED TRAFFIC CONGESTION ACT OF 2008. WHEREAS, Initiative 985, the Reduced Traffic Congestion Act of 2008, will appear on the November ballot; and WHEREAS, the City Council of the City of Renton on October 6, 2008, held a public hearing on the initiative, and invited citizens, and supporters and opponents of the initiative to appear and state their views before the City Council; and WHEREAS, Renton has recently begun the city's photo enforcement program, which installed cameras at busy intersections in a attempt to improve traffic safety; and WHEREAS, it is the City's intention to use the funds from that program to enhance neighborhood traffic enforcement efforts locally in Renton, after program costs for law enforcement, court and other costs are met; and WHEREAS, I-985 diverts revenue from photo enforcement and speed cameras in school zones, and would undermine local efforts to make school zones and major intersections safer by sending the funding to the state with no assurance it will be used locally; and WHEREAS, I-985 would reduce the state general fund by $573.9 million over five years, which is used for education, public safety, social services and general government; and WHEREAS, Renton has a collaborative relationship with the business and educational community which could be negatively impacted by such reductions in the general fund as they could affect the K-12 and community college system; and 1 RESOLUTION NO. WHEREAS, I-985 would open HOV lanes during non-peak hours, which might increase congestion on sensitive direct access lanes and ramps; and WHEREAS, I-985 would open HOV lanes during non-peak hours, which would also increase travel times for buses and could undermine the reliability of transit along corridors such as Interstate 405, contrary to Renton's position supporting Bus Rapid Transit as a transit alternative; and WHEREAS, while I-985 suggests that it would implement the recommendation of the State Auditor's recent congestion report, the initiative completely ignores most of the audit's recommendation and directly contradicts the audit's suggestion on HOV lanes and transit; and WHEREAS, I-985 restricts carpool lanes to just three hours each morning and afternoon, much shorter than the actual rush hour in many areas, such that there will be a negative effect on fighting congestion; and WHEREAS, I-985 contains ambiguous language about the use of the revenue from red light cameras and according to a literal reading would undermine local efforts to make school zones, rail road crossings and major intersections safer; and WHEREAS,I-985 would force the entire state to abide by a single set of rules, limiting local choices and solutions, even if those choices and solutions did not make sense in a local area; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The City Council of the City of Renton hereby declares its opposition to Initiative 985, the Reduced Traffic Congestion Act of 2008. 2 RESOLUTION NO. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1378:9/25/08:scr 3 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 8, GAMBLING TAX, OF TITLE V (FINANCE AND BUSINESS REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON," BY REPEALING THE DEFINITION OF "CITY OF RENTON," ADOPTING CHAPTER 9.45 RCW, AMENDING GAMBLING TAX REGULATIONS, REPEALING SUBSECTION E OF 5-8-5, TAX LEVIED, AND CHANGING REFERENCES OF "FINANCE DIRECTOR" TO "FINANCE ADMINISTRATOR." THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Section 5-8-1, City of Renton Defined, of Chapter 8, Gambling Tax, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby repealed. SECTION II. Section 5-8-2, Laws Incorporated by Reference, of Chapter 8, Gambling Tax, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: The provisions of Chapter 9.45 RCW, one copy of which is on file with the City Clerk for inspection, are hereby incorporated by reference as if fully set forth. SECTION III. Subsection C of 5-8-5, Tax Levied, of Chapter 8, Gambling Tax, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: C. For the conduct or operation of any licensed premises or facility used to play card games, as permitted by the above referenced State law, a tax rate of five 1 ORDINANCE NO. hundred dollars ($500.00) annually or ten percent (10%) of the gross receipts or 11.0 revenue received from such activity, per establishment, whichever is greater, for the privilege of playing in card games. The minimum fee may be paid on a quarterly basis at the rate of one hundred twenty five dollars ($125.00) per quarter. Any balance due shall be paid as set forth in Section 5-8-8. Each such licensee shall promptly furnish unto the Finance Administrator, City of Renton, a true and correct copy of all bi-annual reports filed with the State of Washington Gambling Commission and such report shall be due the City within five (5) days after same has been filed with the aforementioned State agency. SECTION IV. Subsection E of 5-8-5, Tax Levied, of Chapter 8, Gambling Tax, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby repealed. SECTION V. Section 5-8-6, Administration, Collection of Tax, of Chapter 8, Gambling Tax, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: The administration and collection of the tax imposed by this Chapter shall be by the Finance Administrator and in strict pursuance of the rules and regulations as may be adopted by the Washington State Gambling Commission from time to time. The Finance Administrator shall adopt and publish such rules and regulations as may be reasonably necessary to enable the collection of the tax imposed hereby. 2 ORDINANCE NO. SECTION VI. Section 5-8-7, Declaration of Intent Required, of Chapter 8, Gambling Tax, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: 5-8-7 DECLARATION OF INTENT REQUIRED: A. For the purpose of properly identifying the person, association and organization subject to any tax imposed by this Chapter, any such person, association or organization intending to conduct or operate any gambling activity authorized by the above specified laws, or as same may be amended hereafter, shall, prior to commencement of any such activity file with the Finance Administrator, City of Renton, a sworn declaration of intent to conduct or operate such activity, together with a true and correct copy of the license issued by the *�. Washington State Gambling Commission or any renewal or extension of such license or temporary license. B. Thereafter, for any period covered by such State license, or any renewal or extension thereof, any person, association or organization shall on or before the 15th day of the month following the end of the month in which the tax accrued, file with the Finance Administrator a sworn statement, under the penalty of perjury, on a form to be provided and prescribed by the Finance Administrator, for the purpose of ascertaining the tax due for the preceding month period. SECTION VII. Subsection 5-8-8A, of Tax Payment; When Due, Penalty, of Chapter 8, Gambling Tax, of Title V (Finance and Business Regulations) of Ordinance No. 4260 3 ORDINANCE NO. entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: A. The tax imposed by this Chapter shall be due and payable in monthly installments and remittance therefor shall accompany each return made on or before the 15th day of the month next succeeding the month in which the tax accrued. Except, for a person, association or organization that had taxes due in the amount $10,000 or less in the previous calendar year, the tax imposed by this Chapter shall be due and payable in quarterly installments and remittance therefor shall accompany each return made on or before the 30th day of the month next succeeding the quarterly period in which the tax accrued. SECTION VIII. Section 5-8-9, Copy of Application Submitted, of Chapter 8, Gambling Tax, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: Each person, association or organization licensed by the Washington State Gambling Commission shall likewise submit to the Finance Administrator a true and correct copy of any application made to such Commission for a license, together with any and all amendments thereof. Such copy shall be submitted at or prior to the filing of the first tax return due hereunder. SECTION IX. Section 5-8-10, Refusal to Pay Tax; Penalty, of Chapter 8, Gambling Tax, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: 4 ORDINANCE NO. Any person, association or organization that shall fail, neglect or refuse to pay the tax herein required or that shall wilfully disobey any rule or regulation promulgated by the Finance Administrator hereunder, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by imprisonment in the City jail for not more than ninety (90) days, or by a fine of not more than five hundred dollars ($500.00), or both. Any such fine shall be in addition to any tax and penalties required. All officers, directors and managers of any organization or association conducting gambling activities shall be jointly and severally liable for the payment of said tax and penalties, and for the payment of any fine imposed hereunder. SECTION X. Section 5-8-11, Rules and Regulations; Collection of Tax, of Chapter 8, Gambling Tax, of Title V (Finance and Business Regulations) of Ordinance No. 4260 �..r entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: The Finance Administrator or his authorized representative, shall adopt, publish and enforce such rules and regulations not inconsistent with this Chapter as may be necessary to enable the prompt collection of the tax and penalties imposed by this Chapter; prescribe and issue the appropriate forms for determination and declaration of the amount of tax to be paid, and have the power to enter into contracts with other municipalities and/or State agencies for the collection of the tax imposed on gambling activities conducted within the City of Renton. SECTION XI. Section 5-8-12, Mayor and Chief of Police; Power to Enter Into Contracts, of Chapter 8, Gambling Tax, of Title V (Finance and Business Regulations) of 5 ORDINANCE NO. Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended by changing the title to "Mayor and Finance Administrator; Power to Enter into Contracts," and to read as follows: 5-8-12 MAYOR AND FINANCE ADMINISTRATOR; POWER TO ENTER INTO CONTRACTS: The Mayor and Finance Administrator shall have the power to enter into contracts with other municipalities and/or State agencies for the enforcement of applicable State laws, rules and regulations, and City ordinances relating to all gambling activities. SECTION XII. Section 5-8-13, Records, of Chapter 8, Gambling Tax, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: 5-8-13 RECORDS: A. It shall be the responsibility of any person, officer, director and manager of any organization conducting any gambling activity as licensed by the Washington State Gambling Commission and taxed under the provisions of this Chapter to provide access at all reasonable times to all financial records, including bank deposits, invoices, accounts payable, records of all fees charged, together with dates thereof, and related financial statements as the Finance Administrator or his authorized representative, or any bona fide law enforcement representative of the City of Renton may require in order to determine full compliance with this Chapter and all rules and regulations adopted or hereafter adopted by the State of Washington Gambling Commission. 6 ORDINANCE NO. B. Each person, association or organization engaging in any activity taxable under this Chapter, or as same may be amended from time to time, shall maintain records respecting that activity which truly, completely and accurately disclose all information and data necessary to determine the taxpayer's tax liability hereunder during each tax period. Such records shall be kept and maintained for a period of not less than three (3) years. In addition, all information and items required by the Washington State Gambling Commission under WAC 230-08, and the United States Internal Revenue Service respecting taxation, shall be kept and maintained for the periods required by those governmental agencies. All books, records and other items required to be kept and maintained under this section shall be subject to, and immediately made available for, inspection and audit, at any time, with or without notice, at the place where such records are usually kept, upon demand by the Finance Administrator or his designee, for the purpose of enforcing the provisions of this Chapter. SECTION XIII. Section 5-8-14, Revocation, Suspension of License, of Chapter 8, Gambling Tax, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: In the event any license issued by the Washington State Gambling Commission is suspended or revoked, then the person, association or organization affected by such suspension or revocation, shall immediately notify, in writing, the Finance Administrator of such action, together with a true copy of such notice of suspension or revocation. 7 ORDINANCE NO. SECTION XIV. Section 5-8-15, List of Licenses Required, of Chapter 8, Gambling Tax, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: It shall further be the responsibility of the Finance Administrator to keep on file a complete and up to date list of the licenses issued by the Washington State Gambling Commission as same is made available at said office, which information shall include the name, address, type of license and license number of each such licensee. SECTION XV. Section 5-8-16, Overpayment or Underpayment of Tax, of Chapter 8, Gambling Tax, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: If, upon application by a taxpayer for a refund, or upon any examination of the returns or records of any taxpayer, it is determined by the Finance Administrator, or his designee, that within three (3) years immediately preceding receipt by the Finance Administrator of the application by the taxpayer for a refund, or, in the absence of such an application, within the three (3) years immediately preceding the commencement by the Finance Administrator of such examination: A. A tax or other fee has been paid in excess of that properly due, the total excess paid over all amounts due the City of Renton within such period of three (3) years shall be credited to the taxpayer's account or shall be credited to taxpayer at the taxpayer's option. 8 ORDINANCE NO. B. A tax or other fee has been paid which is less than that properly due, or no tax or other fee has been paid, the Finance Administrator shall mail a statement to the taxpayer showing the balance due, including the tax amount or penalty assessment and fees, and it shall be a separate, additional violation of this Chapter, both civil and criminal, if the taxpayer fails to make payment in full within ten (10) calendar days after such mailed notice. SECTION XVI. This ordinance shall be effective upon its passage, approval, and 30 days after publication. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1 5 02:9/5/08:scr 9