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Home My WebLink AboutCouncil 09/21/2009AGENDA RENTON CITY COUNCIL REGULAR MEETING September 21, 2009 Monday, 7 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PROCLAMATIONS: a. EriAm Sisters Day- September 21, 2009 b. Mayor's Day of Concern for the Hungry -September 26, 2009 4. SPECIAL PRESENTATON: July 4th Wrap -Up 5. ADMINISTRATIVE REPORT 6. 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. 7. 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 9/14/2009. Council concur. b. City Attorney Department recommends approval of an interlocal agreement with Water District #90 regarding the terms under which the district provides water service to the City. Refer to Utilities Committee. c. City Clerk reports bid opening on 9/9/2009 for CAG-09-155, Gene Coulon Memorial Park - Asphalt Pathway Repaving Project; eight bids; engineer's estimate $130,000; and submits staff recommendation to award the contract to the low bidder, Superior Asphalt Maintenance, Inc., in the total amount of $107,912.25. Council concur. d. Court Case filed by Vince Koskela, et al, represented by John Scannell, Attorney for Plaintiff and Class, relating to the use of Automated Traffic Safety Cameras. Refer to City Attorney and Insurance Services. e. Community Services Department submits CAG-08-132, City Hall Human Resources Remodel Project, and requests approval of the project, final pay estimate in the amount of $23,048.54, commencement of a 60-day lien period, and release of retained amount of $10,271.50 to Straightline Construction & Remodeling, LLC, contractor, if all required releases are obtained, and all outstanding claims and liens are satisfied. Council concur. f. Community Services Department recommends approval of a Lease Termination Agreement and Release with Sound Publishing, Inc. and approval of a Lease Agreement with Medifacts International, Inc. in order to occupy the vacated space at the 200 Mill Building. Refer to Finance Committee. (CONTINUED ON REVERSE SIDE) g. Executive Department recommends setting a public meeting on 9/28/2009 to consider Initiative 1033 (concerning state, county, and city revenue), solicit public comment, and consider supporting or opposing the measure. Council concur. h. Police Department recommends approval of the starting compensation of three specific lateral Police Officers at Step D of the salary range. Council concur. L Public Works Department recommends approval of a sole source contract with AssetWorks in the amount of $180,000 to install an AssetWorks Fuel/Focus FMS automated fueling system at Fire Station 13. Refer to Finance Committee. j. Transportation Systems Division recommends approval of an addendum to LAG-99-002, airport lease with Pro -Flight Aviation, Inc., for the vacation of the 540 Hangar building. Refer to Transportation (Aviation) Committee. k. Transportation Systems Division recommends approval of a contract with KPG, Inc. in the amount of $3,095,862 for the Rainier Ave. S. (SR 167) S. Grady Way to S. 2nd St. project. Refer to Transportation (Aviation) Committee. I. Transportation Systems Division recommends approval of a contract in the amount of $249,800 with KBA, Inc. for construction management services for the Rainier Ave. S. (SR 167) Improvement Project Phase I - Shattuck Ave. S. Stormwater Bypass project. Council concur. m. Utility Systems Division recommends approval of a contract in the amount of $62,437 with Carollo Engineers for the Westview Lift Station Final Design and Construction Services project. Council concur. n. Utility Systems Division recommends approval of a contract in the amount of $135,877 with Carollo Engineers for the Lake Washington Beach Lift Station Final Design and Construction Services project. Council concur. o. Utility Services Division submits CAG-07-118, N. 26th St./Park PI. N. Storm System Project, and requests approval of the project, final pay estimate in the amount of $6,038.79, commencement of a 60-day lien period, and release of retained amount of $8,844.28 to Northwest Infrastructure, Inc., contractor, if all required releases are obtained. Council concur. 8. 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 topic may be held by the Chair if further review is necessary. a. Community Services Committee: Dempster Appointment to Airport Advisory Committee b. Finance Committee: Community Services Department Reorganization*; Boonma Utility Bill Leak Adjustment; Liability Claims; Lease with Cricket Communications 9. RESOLUTIONS AND ORDINANCES Ordinance for second and final reading: Establishing the White Fence Ranch Sanitary Sewer Extension Special Assessment District (1st reading 9/14/2009) 10. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 11. AUDIENCE COMMENT 12. ADJOURNMENT (CONTINUED ON NEXT PAGE) COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) 7TH FLOOR CONFERENCING CENTER September 21, 2009 Monday, 6:00 p.m. Regional Issues COUNCIL CHAMBERS Approximately 6:30 p.m. Puget Sound Regional Council - Transportation 2040 • 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 Denis Law Clty Mayor �1 �i Mayor's Office Proc(a.mation Whereas, the EriAm Sisters, consisting of Lianda, Salina, and Haben Abraham, is one of the hottest new singing groups to hit the music scene; and Whereas, for the last two years, the sisters have been wowing crowds throughout this community and across the nation with their stage presence and extraordinary talent while performing on national TV and various radio stations and appearing at several celebrity events, including a VIP event at Disney World; and Whereas, the sisters recently finished recording their first Cb with some of the most respected West Coast producers, who were astonished by the girls' work ethic and professionalism, as well as their singing and songwriting talent; and Whereas, the sisters were recently dubbed "Seattle's Best Young Artists" during the Seattle Theater Group's annual celebration at the Paramount Theatre; and Whereas, the EriAm Sisters were 2009 America's Got Talent semi-finalists, and received high praise from all three judges; and Whereas, we at the City of Renton are very proud of these wonderful young artists who have sprung up from our very own community; Now, therefore, I, Denis Law, Mayor of the City of Renton, do hereby proclaim September2l, 2009 to be EriAm Sisters Day in the City of Renton, and I encourage all citizens to join me in this honoring these special young people and acknowledging their tremendous talent and impressive accomplishments. In witness whereof, I have hereunto set my hand and caused the seal of the City of Renton to be affixed this 21st day of September, 2009. Denis Law, Mayor of the City of Renton, Washington Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwz is Law ayor City of,, t 01 ir._.. Mayor's Office (Proclamation Whereas, the City of Renton recognizes adequate nutrition as a basic goal for each citizen; and Z'Vhereas, no parent should have to send a child to school hungry, no baby should be without the comfort of feedings needed for mental and physical growth, no elderly person's health should be jeopardized by lack of appropriate foods; and Whereas, food banks, emergency, and hot meal programs working with the City of Renton, local faith communities, social service agencies, and hundreds of volunteers are striving day in and day out to stem the rising tide of hunger, but still need more help; and Whereas, we believe that when the citizens who are not involved hear of the especially desperate needs of the hungry as winter approaches and their low incomes must stretch to cover increasing fuel, electricity, and rental costs, leaving even less money for monthly food purchase, an outpouring of community assistance will follow; and Whereas, the Emergency Feeding Program coordinates an annual food drive to help support the efforts of their program and the area's food banks in fighting hunger, which will be held at grocery stores throughout King County on Saturday, September 26, 2009; Now, therefore, I, Denis Law, Mayor of the City of Renton, do hereby proclaim September 26, 2009, to be a Wayor's Day of Concern for the YCungry in the City of Renton, and strongly urge all citizens to join the Emergency Feeding Program and the Salvation Army Renton Rotary Food Bank in their efforts to nourish those who are hungry. In witness whereof, I have hereunto set my hand and cause be affixed this 21st day of September, 2009. Deni Law, Mayor of the City of Renton, Washington Renton City Hall 0 1055 South Grady Way • Renton, Washinc )n to ti CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board.. City Attorney Department Staff Contact...... Larry Warren 425-255-8678 Subject: Interlocal Agreement with King County Water District No. 90 for Provision of Water Service by District Within City AI#: For Agenda of: September 21, 2009 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ Exhibits: New Business....... Interlocal Agreement with King County Water District Study Sessions...... No. 90 Information......... Resolution X E Recommended Action: Approvals: Refer to Utilities Committee Legal Dept......... X Finance Dept...... Fiscal Impact Expenditure Required... Transfer/Amendn;ent....... Amount Budgeted.. Revenue Generated Amount Needed City Share Total Project. SUMMARY OF ACTION: King County Water District No. 90 ("the District") is operating within the city limits of Renton and the area of its operation continues to grow with annexations by the City. The District does not have an agreement with the City on the conditions to occupy our rights -of -way or city -owned properties. The City and the District have determined that an interlocal agreement would be acceptable to memorialize the terms under which the District provides water service to the City. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to enter into the interlocal agreement with King County Water District No. 90 entitled City of Renton and King County Water District No. 90 Interlocal Agreement for Provision of Water Service by District Within City. 1 CITY ATTORNEY p 43\City of M E M O R A N D UM DATE: September 9, 2009 TO: Council President Randy Corman and Members of the Renton City Council VIA: Mayor Denis Law►''�.f3'�y FROM: <66wrence J. Warren, City Attorney SUBJECT: Resolution Authorizing the Mayor and City Clerk to Enter Into an Interlocal Agreement with King County Water District No. 90 for Provision of Water Service Within the City ISSUE Whether the Mayor and City Clerk should be authorized to enter into an interlocal agreement with King County Water District No. 90 regarding water service within the City? RECOMMENDATION The Mayor and City Clerk should be authorized to enter into an interlocal agreement with King County Water District No. 90 for water service. BACKGROUND King County Water District No. 90 ("the District") is operating within the city limits of Renton and the area of its operation continues to grow with annexations by the City. The conditions under which the District may occupy our rights -of -way or city -owned properties are not clearly set forth by agreement. The City commenced negotiations with the District to arrive at an agreed franchise. It was determined by the parties that the issue should be resolved by execution of an interlocal agreement for provision of water service within the City. Similar interlocal agreements are being negotiated with Soos Creek Water and Sewer District and Cedar River Water and Sewer District. CONCLUSION The staff recommends authorization for the Mayor and City Clerk to enter into the interlocal agreement. 1 of 1 CITY OF RENTON and KING COUNTY WATER DISTRICT NO. 90 INTERLOCAL AGREEMENT FOR PROVISION OF WATER SERVICE BY DISTRICT WITHIN CITY THIS AGREEMENT, made and entered into this 2 (day of — fit, l , 2009, by and between the CITY OF RENTON, a Washington municipal corporation, he einafter referred to as "the City", and KING COUNTY WATER DISTRICT NO. 90, a Washington municipal corporation, hereinafter referred to as "the District", both being duly organized and existing under and by virtue of the laws of the State of Washington, WITNESSETH: WHEREAS, the District is a public agency authorized by law to engage in furnishing water service, and this Agreement will not limit that statutory authorization; and WHEREAS, the City may, through the City Council, enter into interlocal agreements with respect to the rights, powers, duties, and obligations of municipal parties regarding the use of public rights of -way and other public property, the provision of services, the maintenance and operation of facilities, the performance of contractual obligations and any other. matters arising out of the provision of District service to areas within the City, all pursuant to and in accordance with RCW Sections 39.34.080, 35.92.010, 35A.47.040, and Ch. 57.08; and WHEREAS, the District has the ability and authority to provide water service to the areas described in Exhibit A, the East King County Coordinated Water System Plan; NOW, THEREFORE: IT IS HEREBY AGREED by and between the parties hereto as follows: SECTION 1. District Facilities Within City. The City and the District hereby agree that the District, its successors and assigns, for a period of fifteen (15) years, commencing on the effective date of this Agreement shall exercise its right and privilege to lay down, construct, relay, connect, replace and/or maintain such and so many pipes, conduits and mains, and all other appurtenances, appendages, and facilities thereto, in, along, through, and under the avenues, streets, highways, and road rights -of way controlled by the City now, and as hereafter amended through annexations, as specifically described in Exhibit A, attached hereto and incorporated herein by this reference, as may be necessary, convenient and/or proper in order to provide water service to the public, and for that purpose to make any and all connections which may be necessary, convenient and/or proper, in accordance with the terms and conditions set forth herein. Exhibit B, attached hereto for administrative convenience, is the current City of Renton Annexation Map showing the current City limits. The City will provide the District an updated Exhibit B annually. SECTION 2. Authority To Manage, Regulate, and Control System. After the construction of the water facilities as' contemplated under this Agreement, the ,District shall have Z:IGROUP\Manager - TomXRenton\Renton FranchiseVentoninterlocal kcwd90tnh 7.24 09final.doc r~� the sole responsibility to maintain, manage, conduct and operate its water system as installed within the area described in Exhibit A, together with any additions, extensions and betterments thereto. SECTION 3. Authority to Fix Service Rates. The rates charged to the area described in Exhibit A, shall be fixed, altered, regulated, and controlled solely by the District, pursuant to the limitations on such authority as set forth in Ch. 57.08 RCW, or any applicable regulations promulgated thereafter by the state on the subject of rates and charges for water service. SECTION4. Non -Exclusive. The rights described in this Agreement shall not be deemed or held to be exclusive. Except for provision of water service to the public within the areas described in Exhibit A, it shall in no manner prohibit the City from entering into other agreements or franchises of a like nature or franchises for other public or private utilities, in, over, along, across, under, and upon any of the streets, avenues, highways, alleys, or public places, or ways as herein described, and shall in no way prevent or prohibit the City from using any of said streets, avenues, etc., or affect its jurisdiction over them or any part of them with full power to make all necessary changes, relocations, repairs, or maintenance of same as it deems fit. SECTION S. Approval of Plans. Prior to construction, repair, or replacement of any of the pipes, conduits, mains, facilities, and appurtenances in the area described in Section 1 herein that are located within the property or rights of way of City, the District shall submit to the Utility Systems Director or his designee ("Director") for review and approval, the requested number of plan sets drawn to an accurate scale, showing the exact location, character, position, dimension, depth, and height of the work to be done. The plans shall accurately depict the relative position and location of all pipes, conduits, mains, manholes, facilities, and appurtenances to be constructed, laid, re-laid, installed, replaced, repaired, connected or disconnected, and the existing street, avenue, alley, highway, right-of-way or property lines. All streets, avenues, highways, alleys, lanes, or ways denoted thereon shall be designated by their names and number and the local improvements therein such as roadway pavement, shoulders, sidewalks, curbs, gutters, ditches, driveways, parking strips, telephone or electric distribution poles, conduits, storm, gas, or water pipe lines as may exist on the ground or area sought to be occupied shall be outlined. In the construction proposed by the District, all materials and equipment shall be as specified in the District's general conditions and standards and as approved by the City. The exact class and type to be used shall be shown on the plans, as will the equipment to be used and the mode of safeguarding and facilitating the public traffic during construction, The manner of excavation, construction installation, backfill, and temporary traffic control measures (such as traffic turnouts, road barricades, etc.) shall meet with the approval of, pass all requirements of, and be constructed in conformance with approved plans, permit conditions, and specifications under the inspection supervision of the Director. Prior to approval of any work under this Agreement, the Director may require such modifications or changes, as he deems necessary to properly protect the public in the use of the public places, and may fix the time or times within and during which such work shall be done. ZAGROUPWianagger - Tom\Renton\Renton FranchiseVentoninterlocal kcwd90tnh 7 24 09final.doc 2 The District shall pay to the City such amounts as called for in any applicable City permitting fees and, in the judgment of the Director, are reasonably necessary to investigate and process any plans for construction work, to inspect such work, to secure proper field notes for location, to plot such locations on the permanent records of the City's public works department, to supervise such work, or to inspect or re -inspect as to maintenance, during the progress of or after the repair of, any of the initial construction authorized by this Agreement. The City shall make its best efforts to complete all inspections in a timely manner. SECTION 6. Protection Of Public. Whenever an accident, faulty operation, or excavation or fill associated with the construction, installation, maintenance or repair of the facilities authorized under this Agreement has caused or contributed to a condition that appears to substantially impair the structural integrity of the adjoining street or public place, or endangers the public, and adjoining public place, street utilities or City property as determined solely by the Director, the Director may direct the District, at its own expense, to take actions to protect the public, adjacent public places, City property and street utilities, and may require compliance within a prescribed time. In the event that the District fails or refuses to take the actions directed promptly, or fails to fully comply with such directions given by the Director, or if emergency conditions exist which require immediate action, the City may enter upon the property and take such actions as are necessary to protect the public, the adjacent streets, or street utilities, or to maintain the structural integrity thereof, including placing of temporary shoring, backfilling, alterations of drainage patterns and any other actions reasonably necessary to decrease the possibility of earth movement, or actions regarded as necessary safety precautions; and the District shall be liable to the City for the costs thereof. SECTION Z Repair of Streets, Sidewalks, Public Places and/or Facilities. After construction, maintenance, or repair of the facilities authorized by this Agreement, the District shall repair and restore any damaged or injured streets, avenues, highways, public places, City facilities, or affected portions of same, to their approximate condition that existed prior to the work or better. The.Director shall have final approval of the condition of such streets and public places after completion of construction. The District shall comply with the City's trench restoration standards and traffic control standards. SECTION 8. Indemnification. The District hereby releases, covenants not to bring suit and agrees to indemnify, defend, and hold harmless the City, its officers, officials, employees, agents, and representatives, from any and all claims, costs, judgments, awards, or liability to any person, including claims by the District's own employees to which the District might otherwise be immune under Title 51 RCW, arising from injury or death of any person or damage to property of which the negligent acts or omissions of the District, its agents, servants, officers, or employees in performing this agreement are the proximate cause. This covenant of indemnification shall include, but not be limited by this reference to, claims against the City arising as a result of the negligent acts or omissions of the District, its agents, servants, officers, or employees in barricading or providing other warnings of ZAGROUPWanager - Tom\Renton\Renton FranchiseVentoninterlocal kcwd90tnh 7 24 09final.doc 3 any excavation, construction, or work in any public right-of-way or other public place in performance of work or services permitted under this agreement. Inspection or acceptance by the City of any work performed by the District at the time of completion shall not be grounds for avoidance of any of these covenants of indemnification, Said indemnification obligations shall extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any litigation or the institution of any litigation, provided that the District shall not be liable to indemnify the City for any settlement of any action or claim effective without the consent of the District, but if settled with the consent of the District, the District shall indemnify and hold harmless the City from and against loss or liability by reason of such settlement. The District shall be obligated to indemnify the City regardless of whether the settlement of the action on the claim is made with the consent of the District if the District has refused to defend the City. In the event that the District refuses the tender of defense in any suit or claim, said tender having been made pursuant to the indemnification clauses contained herein, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter) to have been a wrongful refusal on the part of the District, then the District shall pay all of the City's costs for defense of the action, including all reasonable expert witness fees and reasonable attorney's fees and the reasonable costs of the City, including reasonable attorney's fees for recovery under this indemnification clause. In the event of liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of the District and the City, its officers, officials, employees or agents, the District's liability hereunder shall be only to the extent of the District's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the District's waiver of immunity under Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. SECTION 9. Insurance. The District shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the exercise of the rights, privileges and authority granted hereunder to the District, its officers, officials, agents, or employees. The District shall provide a copy of such insurance policy to the City for its inspection prior to the adoption of this agreement. a. Minimum Scope of Insurance. District shall obtain insurance of the types described below: (1) Automobile Liability insurance covering all owned, non -owned, hired, and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. (2) Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage ZAGROMManager - Tom\Renton\Renton FranchiseVentoninterlocal kcwd90tnh 7 24 09final.doc 4 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, and personal injury and advertising injury and liability assumed under an insured contract, The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse, or underground property damage. The City shall be named as an additional insured on a primary noncontributory manner under the District's Commercial General Liability insurance policy with respect to work performed for the City using ISO Additional Insured Endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. (3) Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. b. Minimum Amounts of Insurance. The District shall maintain the following insurance limits: (1) Automobile Liability insurance with a minimum combined single limit or bodily injury and property damage of $1,000,000 per accident. (2) Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate, and a $2,000,000 products -completed operations aggregate limit. (3) Professional Liability insurance shall be written with limits of no less than $1,000,000 per claim. c. Municipal Risk Management Pool Participation. Notwithstanding the provisions of subsections a. and b. of this Section 9, District may satisfy all of its insurance obligations under this agreement by participating in a risk management pool available to Washington municipal corporations providing reasonably equivalent or better insurance coverage than required in such subsections a. and b. The District's obligation to cause the City to be named as an additional insured shall be subject to the terms, conditions and policies of the District's risk management pool as they may be adjusted from time to time. SECTION 10. Relocation of Lines and Facilities. The District agrees and covenants at its sole cost and expense, to protect, support, temporarily disconnect, relocate, or remove from any street or public place within the Agreement area, any of its installations when so required by the City by reason of traffic conditions or public safety, dedications, or new rights -of -way and the establishment and improvement thereof, freeway construction, change or establishment of street grade, or the construction of any public improvement or structure by any governmental agency acting in a governmental capacity, provided that the District shall in all such cases have the privilege to temporarily bypass, in the authorized portion of the same street upon approval by the City, any water line or portion thereof required to be temporarily ZAGROMManager - Tom\Renton\Renton FranchiseVentoninterlocal kcwd90tnh 7 24 09final.doc 5 disconnected or removed; and provided further, that this provision will not apply to District installations located within easements owned by the District. The City shall consult all as -built maps and plans filed by the District pursuant to this Agreement or any permits authorized under this agreement, in order to determine whether the District has placed pipe or facilities in any area affected by a proposed City project. The City will use all reasonable effort and attempt to design or redesign streets, avenues, alleys or public places or ways, and other City utilities to minimize the impact thereof on the District's existing water system, including the need to require the District's facilities to be relocated and shall coordinate with the District in accordance with RCW 35.21.905. PROVIDED HOWEVER, that the City shall make the final determination on the need for relocation of the District's facilities. Whenever the City determines that any of the above circumstances necessitate the relocation of the District's then existing facilities, the City shall notify the District in writing, and provide the District with copies of pertinent portions of the plans and specifications for such project so that the District is able to relocate its facilities to accommodate the City's project. The City shall provide notice to the District and require relocation of the facilities in a period of time that is reasonable given the circumstances surrounding the project. The City understands that pursuant to RCW 57.08.050, the District is required to comply with certain notice and bid procedures prior to commencement of any construction project. Whenever practical, given the circumstances surrounding the City's project, the City shall provide the District with sufficient notice to enable the District to comply fully with RCW 57.08.050 without resorting to emergency powers granted therein. Upon the District's failure to complete relocation of its installations and facilities as directed by the City, the City may remove same at the District's expense. The District shall complete the relocation work at least ten (10) days prior to the project's commencement unless the parties agree on a different schedule. If, after reviewing the as -built maps and plans submitted by the District, the City determines that the District's pipe or facilities will not be affected by a proposed City project, no notice shall be given to the District. The City may then commence construction and if the City finds that the District's as -built maps and plans are inaccurate through the actual discovery of pipe and facilities in the construction area, the City shall notify the District and allow the District twenty-four (24) hours, when reasonable, to remove and/or relocate its pipe and facilities. However, should the District be unable to remove and/or relocate its pipe and facilities within this twenty-four (24) hour period after notification, the City may remove and dispose of same at the District's cost. Should the City not have the appropriate fittings to remove and/or relocate the pipe and facilities, the project shall be delayed until the appropriate fittings can be obtained and engineering review done. SECTION 11. Abandonment of Pipe and System Facilities. No pipe, conduit, main, appurtenances, appendages or water facilities located within the City's rights of way or property may be abandoned by the District without the express written consent of the City. Abandonment procedures may be initiated by application of the District to the City, which application shall detail, to the City's satisfaction, the location of all pipe or facilities to be abandoned by providing to the City with the abandonment application current as -built drawings showing the exact location of all pipes or facilities to be abandoned, and the procedures the ZAGROUPWanagger - Tom\Renton\Renton Franchise\rentoninterlocal kcwd90tnh 7 24 09final.doc 6 District plans to implement in order to comply with all local, state, and federal regulations pertaining to abandonment of water pipe and facilities constructed of asbestos cement or other materials containing asbestos. The District shall, at its sole cost and expense, and pursuant to all local, state, and federal regulations, remove and properly dispose of all abandoned pipes and facilities when so directed by the City for any reason, with cause. PROVIDED, that in no event shall the City direct or require the District to remove abandoned pipes or facilities on the basis of standards not equally applied by the City to require the removal of pipes or facilities abandoned by the City in similar circumstances. The District will commence the removal and disposal of the abandoned facilities within thirty (30) calendar days, and will fully complete the removal within one hundred eighty (180) calendar days from the date the City directs the removal, unless the City agrees, in writing, to extend the time for removal. In addition to and in clarification of the indemnity provisions in Section 8, the District specifically shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the abandonment and/or removal of pipe and facilities constructed of asbestos cement or other material containing asbestos. In the case of street vacations, the City shall, to the extent possible, retain and grant an easement to the District for any pipe and facilities then in use by the District. The City shall give notice to the District of any proposed project or street vacation requiring removal of abandoned pipe and facilities as set forth in Section 10. If the District does not comply within the time period set by the City, the City may arrange for the removal and proper disposal of all such pipes and facilities at the District's cost. SECTION 12. Excavation. During any period of installation, relocation, maintenance, or repair of the District's facilities and installations located within the City's rights of way and property, all surface structures, if any, shall be erected and used in such places and positions within said public rights -of -way and other public properties so as to interfere as little as possible with the free passage of traffic and the free use of adjoining property, and the District shall at all times post and maintain proper barricades during such period of construction as required by state law or City ordinance. Whenever the District shall excavate in any public right-of-way or other public property for the purpose of installation, repair, maintenance, or relocation of its facilities, it shall apply to the City for a permit to do so and except in the case of an emergency, shall give the City at least three (3) working days notice thereof. In the event that emergency work is required, the District may, without prior written notice to the City, request permits by telephone. The Director shall grant or deny such permits by telephone, but the District shall follow-up all phone emergency permit requests with a written application within three (3) working days of the telephone notification to the Director In all other cases, the City shall approve the District's applications for permits as soon as reasonably possible. During the progress of the work, the District shall not unnecessarily obstruct the passage or proper use of the right -or -way, and shall file maps or plans with the City (as described in Section 5 herein) showing the proposed and final location of,the water facilities. If either the City or the District shall at any time plan to make excavations in any area covered by this Agreement and as described in this section, the party planning such excavation shall afford the other, upon receipt of a written request to do so, an opportunity to ZAGROMManager - Tom\Renton\Renton FranchiseVentoninterlocal kcwd90tnh 7 24 09final.doc 7 share such excavation, PROVIDED THAT: (1) such joint use shall not unreasonably delay the work of the party causing the excavation to be made; (2) such joint use shall be arranged and accomplished on terms and conditions satisfactory to both parties; and (3) either party may deny such request for safety reasons. Prior to commencement of any construction authorized by this agreement, the District shall reference all monuments and markers of every nature relating to subdivision plats, highways and all other surveys for review and inspection by the City. The reference points shall be so located that they will not be disturbed during the District's operations under this Agreement. The method of referencing these monuments or other points to be referenced shall be approved by the Director before placement. The replacement of all such monuments or markers disturbed during construction shall be made as expeditiously as conditions permit and as directed by the Director. The costs of monuments or other markers lost, destroyed, or disturbed and the expense of replacement by approved monuments shall be borne by the District. SECTION 13. Permits Required. This Agreement does not release the District from any of its obligations to obtain applicable local, state, and federal permits necessary to install, construct, operate, maintain, remove, repair, reconstruct, replace, use and inspect its water system. SECTION 14. Compliance With Laws, The District shall indemnify the City, its officers, officials, agents, employees or representatives against any claim or liability arising from or based upon the violation by the District of any laws, ordinances or regulations. SECTION IS. City Construction Adjacent to District Installation. The laying, construction, maintenance, and operation of the said District's system of water lines, pipes, conduits, mains, etc., authorized under this Agreement shall not preclude the City or its accredited agents and contractors from excavating, grading or doing other necessary road work contiguous to the said District's pipe lines, provided that the District shall have forty-eight (48) hours notice of said excavation, grading or road work in order that the District may protect its line of pipe and property. SECTION 16. Modification. The City and District hereby reserve the right to alter, amend or modify the terms and conditions of this Agreement upon written agreement of both parties to such alteration, amendment, or modification. SECTION17. Bond. The City and the District acknowledge RCW 35A.21.250. The District shall not be required to furnish any bond before undertaking any of the. work, improvements, repair, relocation, or maintenance authorized by this Agreement. SECTION 18. Enforcement. If the District or the City willfully violates or fails to comply with any of the provisions of this Agreement, then the non -breaching party may elect, without any prejudice to any of its other legal rights and remedies, to obtain an order from the superior court having jurisdiction compelling compliance with the provisions of this Agreement and to recover damages and costs incurred by reason of the failure to comply. ZAGROUPWanager - Tom\Renton\Rcnton FranchiseVentoninterlocal kcwd90tnh 7 24 09final.doc 8 SECTION 19. City Ordinances and Regulations. Nothing herein shall be deemed to direct the City's ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of this Agreement, including any reasonable ordinance made in the exercise of its police powers in the interest of the public safety and for the welfare of the public. The City shall have the authority at all times to control by reasonable and appropriate regulations the location, elevation and manner of construction and maintenance of any water facilities by the District, and the District shall promptly conform with all such regulations, unless compliance would cause the District to violate other requirements of law. SECTION 20. Cost of Publication. The cost of publication any ordinance adopting this Agreement shall be borne by the District. SECTION 21. Assignment. The District may not assign the rights, duties, and obligations under this Agreement without the prior, written consent of the City, which consent shall not be unreasonably withheld. If such consent is given for assignment, acceptance of the assignment shall be filed by the District's successor with the City. SECTION 22. Successors And Assigns. All the provisions, conditions, regulations, and requirements contained in this Agreement shall be binding upon the successors and assigns of the District, and all privileges of the District shall inure to its successors and assigns equally as if they were specifically mentioned herein. SECTION 23. Notice. Any notice or information required or permitted to be given to the parties under this Agreement may be sent to the following addresses unless otherwise specified: CITY OF RENTON KING COUNTY WATER DISTRICT NO. 90 ATTN: Utility Systems Director ATTN: General Manager 1055 South Grady Way 15606 SE 128th Street Renton, Washington 98055 Renton, WA 98059 (425) 430-7239 (425) 255-9600 (FAX) (425) 430-7241 (FAX) (425) 277-4128 SECTION 24. Dispute Resolution_ In the event any dispute arises between the Parties, either Parry may request in writing that the issue in dispute be resolved by mediation. If the parties are unable to resolve the dispute within ninety (90) days, then either parry may commence a legal proceeding in King County Superior Court for the State of Washington. SECTION 25. Survival. All of the provisions, conditions, and requirements of Sections 6, Protection of Public; 8, Indemnification; 10, Relocation of Lines and Facilities, and 11, Abandonment of Lines and Facilities, of this Agreement shall be in addition to any and all other obligations and liabilities the District may have to the City at common law, by statute, or by contract, and shall survive this Agreement's expiration for the use of the areas mentioned in Section 1 herein including any renewals or extensions thereof for ten (10) years. All of the provisions, conditions, regulations, and requirements contained in this Agreement shall further be binding upon the successors and assigns of the District, and all privileges, as well as all ZAGROUP Manager - Tom\Renton\Renton FranchiseVentoninterlocal kcwd90mh 7 24 09final.doc 9 obligations and liabilities of the District shall inure to its successors and assigns equally as if they were specifically mentioned wherever the District is named herein. SECTION 26. Severability. If any section, sentence, clause, or phrase of this Agreement should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other. section, sentence, clause or phrase of this Agreement. In the event that any of the provisions of . this Agreement are held to be invalid by a court of competent jurisdiction, the City and the District reserve the right to reconsider this Agreement and by mutual agreement may amend, repeal, add, replace or modify any other provision, or either may rescind its execution of this Agreement. SECTION 27. Utility Planning. This Agreement shall not affect the terms and conditions of existing water comprehensive plans, the East King County Coordinated Water System Plan nor that certain agreement between the parties entitled "City of Renton & King County Water District NO. 90 For the Establishment of Service Area Boundaries" dated February 8, 1999. SECTION 28. Effective Date. This Agreement shall be effective in thirty (30) days after execution. SECTION 29. Exchange of Information. The District and the City agree to routinely communicate and exchange information concerning their utility plans, including capital improvement plans, within the area of this agreement. The District will also provide the City with any current or future database or mapping showing the location of existing and new facilities constructed within the City; provided, that City will utilize exemptions provided by law to protect the dissemination of such documents for security purposes. Approved by Resolution No. of the City Council of the CITY OF RENTON, Washington, at its regular meeting held on the day of 2009. CITY OF RENTON Denis Law, Mayor ATTEST: Bonnie I. Walton, City Clerk APPROVED AS TO FORM: ZAGROMManager - Tom\Renton\Renton FranchiseVcntoninterlocal kcwd90tnh 7 24 09final.doc 10 Lawrence J. Warren City Attorney ZAGROURIvlanager - Tom\Renton\Renton FranchiseVentoninterlocel kcwd90tnh 7 24 09fmal.doc 11 Approved by Resolution No. q I' I of the Board of Commissioners of KING COUNTY WATER DISTRICT NO. 90 of King County, Washington, adopted at its regular meeting held on the / day of Tu 1 " , 2009. KING COUNTY WATER DISTRICT NO. 90 By: 62 - I/, A—�- President of Board By. A4"'t !' r c Secretary of Board A TEST: eneral Manager Jack Leininger--- District Attorney"= Y ZAGROUPWanager - Tom\Renton\Renton Franchise\rentoninterlocal kcwd90tnh 7 24 09final.doc 12 i 4 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH KING COUNTY WATER DISTRICT NO. 90 FOR PROVISION OF WATER SERVICE WITHIN THE CITY. WHEREAS, King County Water District No. 90 ("the District") is a public agency authorized by law to engage in furnishing water service; and WHEREAS, the City and the District agree that the District shall provide water service to specific areas of the City; and WHEREAS, it is necessary to memorialize the terms and conditions under which the District provides water service to areas of the City; 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. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with King County Water District No. 90 entitled City of Renton and King County Water District No. 90 Interlocal Agreement for Provision of Water Service by District Within City. PASSED BY THE CITY COUNCIL this day of 2009. Bonnie I. Walton, City Clerk CITY OF RENTON COUNCIL AGENDA BILL Al #: -7, C , Submitting Data: For Agenda of: Dept/Div/Board.. Executive/City Clerk September 2 Agenda Status Staff Contact...... Bonnie Walton Consent .............. Public Hearing.. Subject: Bid opening on September 9, 2009, for CAG-09-155, Correspondence.. Gene Coulon Memorial Park - Asphalt Pathway Ordinance ............. Repaving Project Resolution............ Old Business........ New Business....... Exhibits: Staff Recommendation Study Sessions...... Bid Tabulation Sheet (eight bids) Information......... Recommended Action: Council concur Approvals: Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... $107,912.25 Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget $190,000 City Share Total Project.. SUMMARY OF ACTION: Engineer's Estimate: $130,00 In accordance with Council procedure, bids submitted at the subject bid opening met the following three criteria: There was more than one bid, the low bid was within the project budget, and there were no irregularities with the low bid. Therefore staff recommends acceptance of the low bid submitted by Superior Asphalt Maintenance, Inc. in the total amount, including Additive Alternate No. 1, of $107,912.25. STAFF RECOMMENDATION: Accept the low bid submitted by Superior Asphalt Maintenance, Inc. in the total amount of $107,912.25. 1:1 COMMUNITY SERVICES City or .DEPARTMENT a�30's' M E M O R A N D U"M DATE: September 15, 2009 TO: Randy Corman, Council President Members of Renton City,Council VIA: Denis Law, Mayor FROM: Leslie Betlach, Parks Director STAFF CONTACT: Todd Black, Capital Project Coordinator (x-65,71) 11 65 SUBJECT: Coulon. Park Asphalt Pathway Paving Repair Project The bid opening for the Coulon Park Asphalt Pathway Repaving Proiect was held on September 9, 2009,.at 3:00 p.m. Eight (8) bids were submitted. The staff cost estimate was $130,000.00 for the base bid and $9,000.00 for Additive Alternate No. 1 "(installing root control barrier to protect the paving). The project will repave significant portions of the 27 year old asphalt pathway, north of the North Shelter at Gene Coulon Memorial Park, which is cracking, buckling, and heaving creating numerous unsafe areas. The low base bid received for the project was $99,918.75, with an Additive Alternate No. 1 bid or57,993.50. The bid number includes WSST, and was submitted by Superior Asphalt Maintenance, Inc. City staff has reviewed the low bid for completeness, inclusion of all required forms, acknowledgement of addenda, mathematical correctness of the bid, -and reference checks. All of the paper work is in order. Staff proposes to accept the base bid and Additive Alternate No. 1, for a total cost of $107,91,2.25. The budget established for Paths, Walks, Patios and Boardwalk repairs is $190,000.00. To date, approximately $600.00 has been spent for advertising and bidding the project. Funding for the -Coulon Park Asphalt Paving Repair Project will be under account number: 316.000000.020.5940.0076.63.000000 Capital Improvenwrit Program; Major Maintenance, Paths, Walks, Patios and Boardwalk Repairs The Parks 'Division recommends that this item be accepted under -Council Concur. �Cc: Terry Higashiyama, Community SeNces Administrator Kelly Beymer, Golf Course Manager Terry Flatley, Parks Manager/Cityforester Bonnie Walton;-CityLlerk Jason Seth, Deputy City Clerk HAPARKS1Capital PmjectCoordinatorlPro)ects A-Moulon Park1AC Pathway Repavingeid=09-123mb (CoulonApfia#tRepaving- BidMemolb).doc CITY OF RENTON BID TABULATION SHEET PROJECT: Gene Coulon Memorial Park - Asphalt Pathway Repaving; Page 1 CAG-09-155 DATE: September 9, 2009 FORMS BID BIDDER Proposal Bid Triple References Addenda Bond Form 1-3 "Includes Sales Tax AA Asphalting, Inc. 2518 E. Valley Hwy Sumner, WA 98390-0214 x x x x x $227,738.10 David Hicks $24,391.13 - Alt Advanced Construction, Inc. 4640 Campus Place, Ste. 150 Mukilteo, WA 98275 x x x x x $147,825.00 AJ Smith $6,740 - Alt Emerald Paving, Inc. 20417 87th Ave. SE Snohomish, WA 98296 x x x x x $130,962.00 Mark Fitzgerald $11,497.50 - Alt Fardig Development, Inc. 1809 Tacoma Point Dr. E. Lake Tapps, WA 98391 x x x x x $136,292.46 Celeste Fardig $8,708.54 - Alt Lakeridge Paving Co, LLC P.O. Box 8500 Covington, WA 98042 x x x x x $180,675.00 John Cheetham $5,420.25 - Alt Lakeside Industries 18808 SE 257th St. Covington, WA 98042 x x x x x $157,732.56 Kenneth Parsons $4,190.57 - Alt Northwest Asphalt, Inc. P.O. Box 2260 Renton, WA 98056 x x x x x $189,708.75 Brian Carlton $4270.50 - Alt Superior Asphalt Maintenance, Inc. P.O. Box 69025 Seattle, WA 98168 x x x x x $99,918.75 Kevin Laughlin $7,993.50 - Alt ENGINEER'S ESTIMATE LEGEND: Forms: Triple Form: Non -Collusion Affidavit, Anti -Trust Claims, Minimum Wage $130,000.00 I CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board. Staff Contact...... Subject: AJLS/City Clerk Bonnie Walton CRT-09-005; Court Case Vince Koskela, et al vs. City of Renton, and American Traffic Solutions Exhibits: Complaint, Summons, and Order Settling Civil Case Schedule Al #: For Agenda of: September 2 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information......... Recommended Action: Approvals: Legal Dept......... Refer to City Attorney and Insurance Services Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: 2009 Class Action Complaint for Declaratory Judgment and Damages, Summons, and Order Settling Civil Case Schedule filed in Superior Court of the State of Washington, County of King by Vince Koskela, et al, represented by John Scannell, Attorney for Plaintiff and Class, relating to the use of Automated Traffic Safety Cameras. M C11Y OF RENTON S E P.: 10 2000 RECEIVED CITY CLERK'S OFFICE 3 Pki', ��►� ✓L reC� 0 r,14 .-ie", c �f i� 1.5v pvl(CL RECEIVED AUG 2 9 2009 Cashier Sedion - &"r;or Court Clerk IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY VINCE KOSKELA individually and on behalf of the class and on behalf of all persons similarly situated. Plaintiff VS. CITY OF RENTON, and AMERICAN TRAFFIC SOLUTIONS No. 09-2--320-90_ CLASS ACTION COMPLAINT FOR DECLARATORY JUDGMENT AND DAMAGES (CLASS ACTION ALLEGATIONS) INTRODUCTION In 2005, Washington State passed RCW 46.63.170 which authorized cities to use "Automatic Traffic Safety Cameras" such as red-light and school zone cameras to issue traffic tickets. State law requires that the cities pay the vendors of these cameras only based on the value of the equipment and services provided, and it prohibited the cities from paying such vendors based on revenue generated by the cameras so as to not induce improper activities by the vendor. State law also provides that the fines for camera traffic tickets cannot exceed the amount of fines for parking tickets in each city. Finally, State law requires that the cities obtain the COMPLAINT FOR DECLARATORY JUDGMENT, f' ACTIONLAW.NET INJUNCTION, AND DAMAGES 501 S. JACKSON, #302, P.O. BOX 3254 `.� UUU ttt111 SEATTLE, WA 98104 206-382-9896 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27. 28 approval of the Washington State Supreme Court's administrative agency, the Administrative Office of the Courts, for their proposed infraction form before putting them into use. The City of Renton has contracted with American Traffic Solutions to run its red light and school traffic zone camera. This company issues tens of thousands of red light and automated radar tickets per month. In most jurisdictions, this company literally issues the ticket and collects the fines: It superimposes the electronic signature of a city law enforcement officer or official, they print notices of infraction at their out-of-state offices, they mail the tickets to the alleged violators, and they collect the payments at an address located outside Washington. Although State law requires cities to apply for approval of a notice of infraction form before issuing these tickets, the City of Renton has never done so. In addition, the Administrative Offices of the Courts has never approved Renton's use of the "notice of traffic infraction" issued to alleged violators. According to state law, a traffic infraction case does not begin, and there is no presumption that an infraction was committed, until a ticket on an approved form is issued by a police officer. IRLJ 2.1 and RCW 46.63.060(2). In the present situation, no infraction cases were actually initiated against each plaintiff because an approved ticket form was not used. Despite this violation of state law, City of Renton and the two camera companies have been improperly collecting and splitting millions of dollars by mailing out what amounts to fake tickets. This prosecution by computer is improper for other reasons as well. The tickets purport to show a speed measurement that accurately depicts the speed of the plaintiffs vehicle. The measurement is not made by methods generally accepted by the scientific community and therefore is inadmissible in a court of law. The measurement also violates state requirements for a speed trap. Finally, all judgments are based upon computer generated evidence that do not meet a level of trustworthiness that can be accepted by the court as valid evidence. COMPLAINT FOR DECLARATORY JUDGMENT, INJUNCTION, AND DAMAGES - 2 ACTIONLAW.NET 501 S. JACKSON, #302, P.O. BOX 3254 SEATTLE, WA 98104 206-382-9896 1 2 3 4 5 6 7 8 9' 10 11 121 131 14 15 16 17 18 19 20 21 22 23 24 25 26 27 '8 I. JURISDICTION, VENUE AND PARTIES 1.1 This court has jurisdiction over the parties and the subject matter of this litigation pursuant to RCW 7.24.010, 724.050, 7.24.080, 7.24.090, 7.24.190, 7.40.010, 7.40.020 and CR 57. 1.2 Plaintiff Vince Koskela (hereinafter referred to as "Koskela") is a resident of King County, Washington. 1.3 Defendant City of Renton (hereinafter referred to as "Renton") is a municipal corporation duly organized and existing under the laws of the State of Washington. Renton is located at, and does business in, King County, Washington. 1.4 Defendant American Traffic Solutions is a corporation doing business in Washington. 1.5 Venue is proper in King County Superior Court pursuant to RCW 4.12.010, RCW 4.12.020 and CR 19. FACTS 2.1 Plaintiff realleges Paragraph 1.1 through 1.5 of this Complaint as if fully stated herein. 2.2 At sometime during or after 2005, the agents of the defendant City of Renton began issuing a number of "Notice of Infractions" to drivers. These Notices of Infraction tickets being issued by Renton still did not contain the statutory language mandated by RCW 46.63.060, and thus the citations were not properly served on the recipients, and the court never acquired personal jurisdiction over them. The forms utilized by the City of Renton were not approved by the administrator of the courts as required by the IRLJ. 2.3 On or about November 28t', 2008, plaintiff Koskela was issued notice of infraction alleging he was speeding in a school zone. The devices used to measure his speed have not been generally accepted by the scientific community as measuring accurate speed. In addition the COMPLAINT FOR DECLARATORY JUDGMENT, ACTIONLAW.NET INJUNCTION, AND DAMAGES - 3 501 S. JACKSON, #302, P.O. BOX 3254 SEATTLE, WA 98104 206-382-9896 2 3 WAN 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2711 2811 devices are a speed trap as defined in RCW 46.61.470. Shortly thereafter, the plaintiff, paid the infraction amount of $124.00. 2.4 On June 26th, 2009, plaintiff Koskela filed a claim for damages against the City of Renton. More than 60 days have elapsed since the claim was filed, and the City of Renton has not settled the claim. Further efforts by the plaintiff to obtain payment would be futile. CAUSE OF ACTION #1- DECLARATORY JUDGMENT 3.1 Plaintiff realleges Paragraphs 1.1 through 2.4 of this Complaint as if fully stated herein. 3.2 Defendant City of Renton, has issued a void traffic infractions against the Plaintiff because infractions were not issued in compliance with the IRLJ and State law, without any court ever obtaining personal jurisdiction. 3.3 As a proximate result of the wrongful issuance of void infractions against plaintiff, plaintiff has been caused to pay moneys on a void ticket in the amount of $124.00. 3.4 The Plaintiff has no other plain, speedy, or adequate remedy at law. CAUSE OF ACTION #2 - INDEPENDENT ACTION IN EQUITY ON TICKETS IMPROPERLY ISSUED BY CITY OF RENTON INCLUDING UNJUST ENRICHMENT herein. 4.1 Plaintiff realleges Paragraphs 1.1 through 3.4 of this Complaint as if fully stated 4.2 The allegations as set forth above establish an independent action in equity including unjust enrichment requiring that the tickets be voided. 4.3 As a proximate result of the wrongful issuance of void judgments against plaintiff, plaintiff has been caused to pay moneys on void traffic infractions in an amount to be proven at trial. COMPLAINT FOR DECLARATORY JUDGMENT, INJUNCTION, AND DAMAGES - 4 ACTIONLAW.NET 501 S. JACKSON, #302, P.O. BOX 3254 SEATTLE, WA 98104 206-382-9896 1 2 3 4 CAUSE OF ACTION #3: CONVERSION 5 5.1 Plaintiff realleges Paragraphs 1.1 through 4.3 of this Complaint as if fully stated 6 herein. 7 5.2 As a result of their actions as above alleged, the defendants are liable to the 8 plaintiff under the tort of conversion. 9 5.3 The defendants have caused damages in an amount to be determined at trial. 10 CAUSE OF ACTION #4: MALICIOUS PROSECUTION/ ABUSE OF PROCESS 11 6.1 Plaintiff realleges Paragraphs 1.1 through 5.3 of this Complaint as if fully stated 12 herein. 13 6.2 By committing the above actions as above alleged, American Traffic Solutions is 14 liable through the tort of malicious prosecution/abuse of process in an amount to be determined 15 at trial. 16 CAUSE OF ACTION #5: CONSUMER PROTECTION ACT VIOLATIONS 17 7.1 Plaintiff realleges Paragraphs 1.1 through 6.2 of this Complaint as if fully stated 18 herein. 19 7.2 The defendants are liable to the plaintiff under the consumer protection act in an 20 amount to be determined at trial. 21 7.3 These damages include treble damages and attorney fees. 22 CAUSE OF ACTION #6: INJUNCTION 23 8.1 Plaintiff realleges Paragraphs 1.1 through 7.3 of this Complaint as if fully stated 24 herein. 25 8.2 Plaintiff and other class members will suffer great and irreparable injury if the 26 City of Renton continues to issue citations that do not contain required statutory language of 27 RCW 46.63.060, are not certified properly by police officers, are based upon tickets that are not ,8 on file with the court, unjustly enrich the defendants and are not based upon reliable evidence. COMPLAINT FOR DECLARATORY JUDGMENT, ACTIONLAW.NET INJUNCTION, AND DAMAGES - 5 501 S. JACKSON, #302, P.O.. BOX 3254 SEATTLE, WA 98104 .206-382-9896 1 2 3 4 VI. CLASS ACTION ALLEGATIONS 5 9.1 Plaintiff realleges Paragraphs 1.1 through 8.2 of this Complaint as if fully stated 6 herein. 7 9.2 This class action is brought on behalf of all persons who have paid money to the 8 City of Renton for traffic citations issued by the City of Renton that were issued by automatic 9 red light and school traffic zone camera, and all those who may be subject to collection actions 10 for the same. 11 9.3 Beginning at a time to be established through discovery, the agents of the Defendant 12 City of Renton issued to citizens who own motor vehicles which belonged to members of the 13 class. Process on these citations was not properly served upon the class members because the 14 tickets did not contain statutory language mandated by RCW 46.63.060, nor did they comply 15 with the IRLJ. Thus the court never acquired personal jurisdiction over the class. 16 9.4 Furthermore, many of the tickets were not certified by a police officer as required by 17 IRLJ 2.2(b). A subclass of speeding tickets was issued which were not based upon reliable 18 evidence and were otherwise not in compliance with state law. 19 9.5 As a proximate result of the issuance of said void infractions the plaintiff and 20 other members of the class have been caused to pay to the City of Renton the amounts 21 purportedly owing on the void citations as well as certain collection fees. 22 9.6 Prerequisites for Class Action. Plaintiff brings this action pursuant to CR 23 as a 23 class action on behalf of himself and also as a representative party on behalf of all members of 24 the class and subclass described in the above paragraph. This an appropriate class action under 25 CR 23 (a). Plaintiff is a proper representatives of the class because: 26 9.7 The class is so numerous that joinder of all members is impracticable. Upon 27 information and belief, the number of constituent class members exceeds 1000 individuals. 28 Attempting to join and name in excess of 1000 persons as co -plaintiffs would be unreasonable COMPLAINT FOR DECLARATORY JUDGMENT, INJUNCTION, AND DAMAGES - 6 ACTIONLAW.NET 501 S. JACKSON, #302, P.O. BOX 3254 SEATTLE, WA 98104 206-382-9896 1 2 3 4 and would be impracticable as that term is contemplated by CR 23(a). The requirement of 5 numerosity under CR23(a)(1) is therefore satisfied. 6 9.8 There are questions of law and fact common to the class. 7 9.9 The claim of the representative party is typical of the claims of the class as a 8 whole. This creates similar or identical claims on behalf of all members of the class. This 9 satisfies CR 23(a)(3), regarding typicality of claims. 10 9.10 The representative party will fairly and adequately protect the interests of the 11 class. Plaintiff will conduct a vigorous prosecution of this action and is further in a position to 12 represent the claims. 13 9.11 Class Action Maintainable. This action is maintainable as a class action under CR 14 23 (b) because: 15 9.12 The prosecution of separate actions individual members of the class would create 16 a risk of inconsistent or varying adjudications, which would establish incompatible standards of 17 conduct for the City of Renton and which would also create a risk of a adjudication with respect 18 to individual members of the class which would, as a practical matter be dispositive of the 19 interests of other persons who are not parties to the adjudication or substantially impair or 20 impede their ability to protect their interest, in satisfaction of CR 23(b)(1). 21 9.13 The questions of law and fact common to the class members predominate over 22 any questions affecting only individual members, and a class action is superior to other available 23 methods for the fair and efficient adjudication of the controversy, in that; 24 9.14 There is no special interest in members of the class in individually controlling the 25 prosecution of separate actions; 26 9.15 Plaintiff is not involved in but knows of other litigation concerning this 27 controversy which has commenced by members of the class, in whole or in part. The plaintiff in �8 this action has filed a claim form, unlike the plaintiffs in the only other known class action suit COMPLAINT FOR DECLARATORY JUDGMENT, INJUNCTION, AND DAMAGES - 7 ACTIONLAW.NET 501 S. JACKSON, #302, P.O. BOX 3254 SEATTLE, WA 98104 206-382-9896 1 2 3 4 known to him that contains the issues he raises. That is King County Case #09-2-24060-4. The 5 plaintiffs interests cannot be properly represented in the other class action suit because of the 6 failure of the plaintiffs in that suit to exhaust remedies. 7 9.16 It is highly desirable and efficient to have this litigation determined by class action 8 within this forum. The majority of class members, upon information and belief, work, worked, 9 resided and/or reside in King County. It is eminently preferable to seek redress of these common 10 claims under one action rather that through multiple claims. Multiple claims would overburden 11 the courts and present virtually insurmountable management problems. These concerns satisfy 12 CR 23(b)(3). 13 9.17 As a result of the actions of the defendant(s) as above alleged, the plaintiff and 14 other members of the class have been caused to pay moneys on the void traffic tickets in an 15 amount to be proven at trial. 16 CLASS CLAIMS FOR RELIEF 17 CAUSE OF ACTION #7 - DECLARATORY JUDGMENT 18 19 10.1 Plaintiff realleges Paragraphs 9.1 through 9.17 of this Complaint as if fully stated herein. 20 10.2 Defendant City of Renton, has issued a void traffic infractions against the Plaintiff 21 and other members of the class because infractions were not issued in compliance with the IRLJ 22 and State law, without any court every obtaining personal jurisdiction. 23 10.3 As a proximate result of the wrongful issuance of void infractions against 24 plaintiff, plaintiff and other members of the class have been caused to pay moneys on a void 25 ticket in the amount of $124.00. 26 10.4 The Plaintiff and other members of the class have no other plain, .speedy, or 27 28adequate remedy at law. COMPLAINT FOR DECLARATORY JUDGMENT, ACTIONLAW.NET INJUNCTION, AND DAMAGES - 8 501 S. JACKSON, #302, P.O. BOX 3254 SEATTLE, WA 98104 206-382-9896 CAUSE OF ACTION #8 - INDEPENDENT ACTION IN EQUITY ON TICKETS IMPROPERLY ISSUED BY CITY OF RENTON INCLUDING UNJUST ENRICHMENT 11.1 Plaintiff realleges Paragraphs 1.1 through 10.4 of this Complaint as if fully stated herein. 11.2 The allegations as set forth above establish an independent action in equity including unjust enrichment requiring that the tickets be voided. 11.3 As a proximate result of the wrongful issuance of void judgments against plaintiff, plaintiff and other members of the class have been caused to pay moneys on void traffic infractions in an amount to be proven at trial. CAUSE OF ACTION #9: CONVERSION 12.1 Plaintiff realleges Paragraphs 1.1 through 4.3 of this Complaint as if fully stated herein. 12.2 As a result of their actions as above alleged, the defendants are liable to the plaintiff and other members of the class under the tort of conversion. 12.3 The defendants have caused damages in an amount to be determined at trial. CAUSE OF ACTION 910: MALICIOUS PROSECUTION/ ABUSE OF PROCESS 13.1 Plaintiff realleges Paragraphs 1.1 through 12.3 of this Complaint as if fully stated herein. 13.2 By committing the above actions as above alleged, American Traffic Solutions is liable through the tort of malicious prosecution/abuse of process to plaintiff and other members of the class in an amount to be determined at trial. CAUSE OF ACTION #11: CONSUMER PROTECTION ACT VIOLATIONS 14.1 Plaintiff realleges Paragraphs 1.1 through 13.2 of this Complaint as if fully stated herein. COMPLAINT FOR DECLARATORY JUDGMENT, ACTIONLAW.NET INJUNCTION, AND DAMAGES - 9 501 S. JACKSON, #302, P.O. BOX 3254 SEATTLE, WA 98104 206-382-9896 1 2 3 4 14.2 The defendants are liable to the plaintiff and other members of the class under the 5 consumer protection act in an amount to be determined at trial. 6 14.3 These damages include treble damages and attorney fees. 7 CAUSE OF ACTION #12: INJUNCTION 8 15.1 Plaintiff realleges Paragraphs 1;1 through 14.3 of this Complaint as if fully stated 9 herein. 10 15.2 Plaintiff and other class members will suffer great and irreparable injury if the 11 City of Renton continues to issue citations that do not contain required statutory language of 12 RCW 46.63.060, are not certified properly by police officer, are based upon tickets that are not 13 on file with the court, unjustly enrich the defendants and are not based upon reliable evidence. 14 WHEREFORE, Plaintiff prays for the following relief. 15 A. That the pleadings conform to the proof at trial; 16 B. That the class be certified pursuant to the applicable rules set forth in CR 23. 17 C. That the court permanently enjoin defendant Seattle Municipal Court from issuing 18 traffic tickets that do not meet the requirements of IRLJ 2.2(b) or do not have the correct 19 statutorily mandated language of RCW 46.64.060 20 D. That the court permanently enjoin defendant City of Renton from issuing speeding 21 tickets that are not based upon measurement devices that are readily accepted by the scientific 22 community as accurate. 23 E. That the court permanently enjoin the defendant from basing judgments on hearsay by 24 computer. 25 F. That the court issue a finding that many of the default judgments that have been 26 issued by the City of Renton are void because the citations did not contain the language required 27 by RCW 46.64.060 and/or the citations were not certified by an enforcement officer as required 28 by IRLJ 2.2(b). Therefore the court never acquired jurisdiction in such cases. COMPLAINT FOR DECLARATORY JUDGMENT, ACTIONLAW.NET INJUNCTION, AND DAMAGES - 10 501 S. JACKSON, #302, P.O. BOX 3254 SEATTLE, WA 98104 206-382-9896 5 6 7 8 9 10 11 12 13 14 15 6 17 18 19 20 21 22 23 24 25 26 27 28 G. For these and other reasons, the court should issue a declaratory judgment that the court never acquired jurisdiction to issue judgments based upon citations that were void H. That the court set aside the default judgments as to plaintiff and the members of the class for all judgments based upon citations that were not filed with the court or contain required language. I. That the court award damages to the plaintiff and the class in an amount to be determined at trial. J. That the court order such other and further relief as may be just and proper. DATED this 28th day of August, 2009. J HN SCANNELL SBA 431635 Attorney for Plaintiff and class COMPLAINT FOR DECLARATORY JUDGMENT, INJUNCTION, AND DAMAGES - 11 ACTIONLAW.NET 501 S. JACKSON, 4302, P.O. BOX 3254 SEATTLE, WA 98104 206-382-9896 CITY OF RENTO➢ 8 9 10 11 12 13. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 IT2 SEP 10 2009 CITY CLERKS OFFICE IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY VINCE KOSKELA, individually and on behalf of the class and on behalf of all persons similarly situated, Plaintiff . vs. CITY OF RENTON and AMERICAN TRAFFIC SOLUTIONS, Defendants No. 09-2-32090-0 KNT SUMMONS TO THE DEFENDANTS: A lawsuit has been started against you in the above entitled court. Plaintiffs claim is stated in the written complaint, a copy of which is served upon you with this summons. In order to defend against this lawsuit, you must respond to the Complaint by stating your defense in writing' and serve.a copy on the undersigned attorney for the Plaintiff within 20 days after service of this Summons, excluding the day of service, if served within the State of Washington (or within 60 days after said service, if served without the State of Washington), or a Default Judgment may be entered against you without notice. A Default Judgment is one where Plaintiff is/are entitled to what he/she/they ask(s) for because you have failed to respond. If you serve a. Notice of Appearance on the undersigned attorney, you are entitled to notice before a Default Judgment may be entered. You may demand, if this cause of action has not been filed, that the Plaintiff file this lawsuit with the Court. If you do so, the demand must be in writing and must be served upon the Plaintiff. The Plaintiff must file this lawsuit after you serve the demand within 14 days with the Court, or the service on you of the Summons and Complaint will be void. If you should wish to seek the advice of an attorney in this matter, you should do so promptly so that your written response, if any, may be served on time. ACTIONLAW.NET SUMMONS -PAGE 1 P.O. BOX 3254 Software © 1996 by "Zamboni" John Scannell �'f SEATTLE, WASH., 98114 206-624-3685 This Summons is issued pursuant to Rule 4 of the Superior Court Civil Rules of the State of Washington. DATED this 4th day of September, 2009. SERVE ORIGINAL TO: King County Superior Court Clerk Superior Court of King County King County Court House 516 Third Ave. Seattle, Wash., 98104 SUMMONS -PAGE 2 Software ©1996 by 'Zamboni" John Scannell John Scannell, WSBX # 31035 Attorney for Plaintiff SERVE COPY TO: John Scannell Attorney at Law P.O. Box 3254 Seattle, Wash., 98114 206-624-3685 Delivery Address 501 S. Jackson, #302 Seattle, Wa., 98104 AcnoNLAW.NET P.O. Box 3254 SEATTLE, WASH., 98114 206-624-3685 CITY OF PENTON SEP 10 2009 CITY CLERK'S OFFICE IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING VINCE KOSKELA, ET AL vs Plaintiff(s) CITY OF RENTON, ET AL Defendant(s) NO. 09-2-32090-0 KNT Order Setting Civil Case Schedule (*ORSCS) ASSIGNED JUDGE Carey 2 FILE DATE: 08/28/2009 TRIAL DATE: 02/14/2011 A civil case has been filed in the King County Superior Court and will be managed by the Case Schedule on Page 3 as ordered by the King County Superior Court Presiding Judge. I. NOTICES NOTICE TO PLAINTIFF: The Plaintiff may serve a copy of this Order Setting Case Schedule (Schedule) on the Defendant(s) along with the Summons and Complaint/Petition. Otherwise, the Plaintiff shall serve the Schedule on the Defendant(s) within 10 days after the later of: (1) the filing of the Summons and Complaint/Petition or (2) service of the Defendant's first response to the Complaint/Petition, whether that response is a Notice of Appearance, a response, or a Civil Rule 12 (CR 12) motion. The Schedule may be served by regular mail, with proof of mailing to be filed promptly in the form required by Civil Rule 5 (CR 5). "l understand that / am required to give a copy of these documents to all parties in this case. " Print Name Sign Name Order Setting Civil Case Schedule (*ORSCS) OC) REV. 12/08 1 I. NOTICES (continued) NOTICE TO ALL PARTIES: All attorneys and parties should make themselves familiar with the King County Local Rules [KCLR] -- especially those referred to in this Schedule. In order to comply with the Schedule, it will be necessary for attorneys and parties to pursue their cases vigorously from the day the case is filed. For example, discovery must be undertaken promptly in order to comply with the deadlines for joining additional parties, claims, and defenses, for disclosing possible witnesses [See KCLCR 26], and for meeting the discovery cutoff date [See KCLCR 37(g)]. CROSSCLAIMS, COUNTERCLAIMS AND THIRD PARTY COMPLAINTS: A filing fee of $200 must be paid when any answer that includes additional claims is filed in an existing case. KCLCR 4.2(a)(2) A Confirmation of Joinder, Claims and Defenses or a Statement of Arbitrability must be filed by the deadline in the schedule. The court will review the confirmation of joinder document to determine if a hearing is required. If a Show Cause order is issued, all parties cited in the order must appear before their Chief Civil Judge. PENDING DUE DATES CANCELED BY FILING PAPERS THAT RESOLVE THE CASE: When a final decree, judgment, or order of dismissal of all parties and claims is filed with the Superior Court Clerk's Office, and a courtesy copy delivered to the assigned judge, all pending due dates in this Schedule are automatically canceled, including the scheduled Trial Date. It is the responsibility of the parties to 1) file such dispositive documents within 45 days of the resolution of the case, and 2) strike any pending motions by notifying the bailiff to the assigned judge. Parties may also authorize the Superior Court to strike all pending due dates and the Trial Date by filing a Notice of Settlement pursuant to KCLCR 41, and forwarding a courtesy copy to the assigned judge. If a final decree, judgment or order of dismissal of all parties and claims is not filed by 45 days after a Notice of Settlement, the case may be dismissed with notice. If you miss your scheduled Trial Date, the Superior Court Clerk is authorized by KCLCR 41(b)(2)(A) to present an Order of Dismissal, without notice, for failure to appear at the scheduled Trial Date. NOTICES OF APPEARANCE OR WITHDRAWAL AND ADDRESS CHANGES: All parties to this action must keep the court informed of their addresses. When a Notice of Appearance/Withdrawal or Notice of Change of Address is filed with the Superior Court Clerk's Office, parties must provide the assigned judge with a courtesy copy. ARBITRATION FILING AND TRIAL DE NOVO POST ARBITRATION FEE: A Statement of Arbitrability must be filed by the deadline on the schedule if the case is subject to mandatory arbitration and service of the original complaint and all answers to claims, counterclaims and cross -claims have been filed. If mandatory arbitration is required after the deadline, parties must obtain an order from the assigned judge transferring the case to arbitration. Any party filing a Statement must pay a $220 arbitration fee. If a party seeks a trial de novo when an arbitration award is appealed, a fee of $250 and the request for trial de novo must be filed with the Clerk's Office Cashiers. NOTICE OF NON-COMPLIANCE FEES: All parties will be assessed a fee authorized by King County Code 4.71.050 whenever the Superior Court Clerk must send notice of non-compliance of schedule requirements and/or Local Civil Rule 41. King County Local Rules are available for viewing at www.kingcounty.gov/courts/clerk. Order Setting Civil Case Schedule (*ORSCS) REV. 12/08 2 II. CASE SCHEDULE - DEADLINE or Filing CASE EVENT EVENT DATE Needed Case Filed and Schedule Issued. Fri 08/28/2009 Last Day for Filing Statement of Arbitrability without a Showing of Good Fri 02/05/2010 Cause for Late Filing [See KCLMAR 2.1(a) and Notices on Page 2]. $220 arbitration fee must be paid DEADLINE to file Confirmation of Joinder if not subject to Arbitration. Fri 02/05/2010 [See KCLCR 4.2(a) and Notices on Page 2]. DEADLINE for Hearing Motions to Change Case Assignment Area. Fri 02/19/2010 [See KCLCR 82(e)] DEADLINE for Disclosure of Possible Primary Witnesses Mon 09/13/2010 [See KCLCR 26(b)]. DEADLINE for Disclosure of Possible Additional Witnesses Mon 10/25/2010 [See KCLCR 26(b)]. DEADLINE for Jury Demand [See KCLCR 38(b)(2)]. Mon 11/08/2010 DEADLINE for Setting Motion for a Change in Trial Date Mon 11/08/2010 [See KCLCR 40(d)(2)]. DEADLINE for Discovery Cutoff [See KCLCR 37(g)]. Mon 12/27/2010 DEADLINE for Engaging in Alternative Dispute Resolution [See KCLCR Tue 01/18/2011 16(b)]. DEADLINE for Exchange Witness & Exhibit Lists & Documentary Exhibits Mon 01/24/2011 [See KCLCR 46)]. DEADLINE to file Joint Confirmation of Trial Readiness Mon 01/24/2011 [See KCLCR 16(a)(2)] DEADLINE for Hearing Dispositive Pretrial Motions [See KCLCR 56; CR Mon 01/31/2011 56]. Joint Statement of Evidence [See KCLCR (4)(k)]. Mon 02/07/2011 DEADLINE for filing Trial Briefs, Proposed Findings of Fact and Mon 02/07/2011 Conclusions of Law and Jury Instructions (Do not file Proposed Findings of Fact and Conclusions of Law with the Clerk) Trial Date [See KCLCR 40]. Mon 02/14/2011 Ill. ORDER Pursuant to King County Local Civil Rule 4 [KCLCR 4), IT IS ORDERED that the parties shall comply with the schedule listed above. Penalties, including but not limited to sanctions set forth in Local Civil Rule 4(g) and Rule 37 of the Superior Court Civil Rules, may be imposed for non-compliance. It is FURTHER ORDERED that the party filing this action must serve this Order Setting Civil Case Schedule and attachment on all other parties. DATED: 08/28/2009 PRESIDING JUDGE Order Setting Civil Case Schedule ('ORSCS) REV. 12/08 3 IV. ORDER ON CIVIL PROCEEDINGS FOR ASSIGNMENT TO JUDGE READ THIS ORDER BEFORE CONTACTING YOUR ASSIGNED JUDGE This case is assigned to the Superior Court Judge whose name appears in the caption of this case schedule. The assigned Superior Court Judge will preside over and manage this case for all pretrial matters. COMPLEX LITIGATION: If you anticipate an unusually complex or lengthy trial, please notify the assigned court as soon as possible. APPLICABLE RULES: Except as specifically modified below, all the provisions of King County Local Civil Rules 4 through 26 shall apply to the processing of civil cases before Superior Court Judges. The local civil rules can be found at http://www.kingcounty.gov/courts/superiorcourUcivil.aspx. CASE SCHEDULE AND REQUIREMENTS Deadlines are set by the case schedule, issued pursuant to Local Civil Rule 4. THE PARTIES ARE RESPONSIBLE FOR KNOWING AND COMPLYING WITH ALL DEADLINES IMPOSED BY THE COURTS LOCAL CIVIL RULES. A. Joint Confirmation regarding Trial Readiness Report: No later than twenty one (21) days before the trial date, parties shall complete and file (with a copy to the assigned judge) a joint confirmation report setting forth whether a jury demand has been filed, the expected duration of the trial, whether a settlement conference has been held, and special problems and needs (e.g. interpreters, equipment, etc.). The form is available at hftp://Www.kingcounty.gov/courts/superiorcourt.aspx. If parties wish to request a CR 16 conference, they must contact the assigned court. Plaintiffs/petitioner's counsel is responsible for contacting the other parties regarding said report. B. Settlement/Mediation/ADR a. Forty five (45) days before the trial date, counsel for plaintiff/petitioner shall submit a written settlement demand. Ten (10) days after receiving plaintiffs/petitioner's written demand, counsel for defendant/respondent shall respond (with a counter offer, if appropriate). b. Twenty eight (28) days before the trial date, a Settlement/Mediation/ADR conference shall have been held. FAILURE TO COMPLY WITH THIS SETTLEMENT CONFERENCE REQUIREMENT MAY RESULT IN SANCTIONS. C. Trial: Trial is scheduled for 9:00 a.m. on the date on the case schedule or as soon thereafter as convened by the court. The Friday before trial, the parties should access the King County Superior Court website http://www.kingcounty.gov/courts/superiorcourt.aspx to confirm trial judge assignment. Information can also be obtained by calling (206) 205-5984. MOTIONS PROCEDURES A. Noting of Motions Dispositive Motions: All summary judgment or other dispositive motions will be heard with oral argument before the assigned judge. The moving party must arrange with the hearing judge a date and time for the hearing, consistent with the court rules. Local Civil Rule 7 and Local Civil Rule 56 govern procedures for summary judgment or other motions that dispose of the case in whole or in part. The local civil rules can be found at http://www.kingcounty.gov/courts/superiorcourUcivii.aspx. Nondispositive Motions: These motions, which include discovery motions, will be ruled on by the assigned judge without oral argument, unless otherwise ordered. All such motions must be noted for a date by which the ruling is requested; this date must likewise conform to the applicable notice requirements. Rather than noting a time �of day, the Note for Motion should state "Without Oral. Argument." Local Civil Rule 7 governs these motions, which include discovery motions. The local civil rules can be found at http://www.kingcounty.gov/courts/superiorcourt/civil.aspx. Motions in Family Law Cases not involving children: Discovery motions to compel, motions in limine, motions relating to trial dates and motions to vacate judgments/dismissals shall be brought before the assigned judge. All other motions should be noted and heard on the Family Law Motions calendar. Local Civil Rule 7 and King County Family Law Local Rules govern these procedures. The local rules can be found at http://www.kingcounty.gov/courts/superiorcourUcivil.aspx. Emergency Motions: Under the court's local civil rules, emergency motions will be allowed only upon entry of an Order Shortening Time. However, emergency discovery disputes may be addressed by telephone call and without written motion, if the judge approves. B. Original Documents/Working Copies/ Filing of Documents All original documents must be filed with the Clerk's Office. Please see information on the Clerk's Office website at www.kingcounty.gov/courts/clerk regarding the new requirement outlined in LGR 30 that attorneys must a -file documents in King County Superior Court. The exceptions to the e-filing requirement are also available on the Clerk's Office website. The working copies of all documents in support or opposition must be marked on the upper right corner of the first page with the date of consideration or hearing and the name of the assigned judge. The assigned judge's working copies must be delivered to his/her courtroom or the Judges' mailroom. Working copies of motions to be heard on the Family Law Motions Calendar should be filed with the Family Law Motions Coordinator. On June 1, 2009 you will be able to submit working copies through the Clerk's office E-Filing application at www.kingcounty.gov/courts/clerk. Service of documents. E-filed documents may be electronically served on parties who opt in to E-Service within the E-Filing application. The filer must still serve any others who are entitled to service but who have not opted in. E-Service generates a record of service document that can be e-filed. Please see information on the Clerk's office website at www.kingcounty.gov/courts/clerk regarding E-Service. Original Proposed Order: Each of the parties must include an original proposed order granting requested relief with the working copy materials submitted on any motion. Do not file the original of the proposed order with the Clerk of the Court. Should any party desire a copy of the order assigned and filed by the judge, a pre -addressed, stamped envelope shall accompany the proposed order. Presentation of Orders: All orders, agreed or otherwise, must be presented to the assigned judge. If that judge is absent, contact the assigned court for further instructions. If another judge enters an order on the case, counsel is responsible for providing the assigned judge with a copy. r Proposed orders finalizing settlement and/or dismissal by agreement of all parties.shall be presented to the assigned judge or in the Ex Parte Department. Formal proof in Family Law cases must be scheduled before the assigned judge by contacting�the bailiff, or formal proof may be entered in the Ex Parte Department. If final order and/or formal proof are entered in the Ex Parte Department, counsel is responsible for providing the assigned judge with a copy. s C. Form Memoranda/briefs for matters heard by the assignedjudge may not exceed twenty four (24) pages for dispositive motions and twelve (12) pages for nondispositive motions, unless the assigned judge permits over -length memoranda/briefs in advance of filing. Over -length memoranda/briefs and motions supported by such memoranda/briefs may be stricken. IT IS SO ORDERED. FAILURE TO COMPLY WITH THE PROVISIONS OF THIS ORDER MAY RESULT IN DISMISSAL OR OTHER,SANCTIONS. PLAINTIFF/PEITITONER SHALL FORWARD A COPY OF THIS ORDER AS SOON AS PRACTICABLE TO ANY PARTY WHO HAS NOT RECEIVED THIS ORDER. PRESIDING JUDGE CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board.. Community Services/Facilities Staff Contact...... Michael Nolan, x6608 Subject: Final Pay Estimate City Hall HR Remodel Straightline Construction & Remodeling, LLC File No. CAG-08-132 Exhibits: Final Pay Estimate (No. 6) Notice of Completion of Public Works Contract Recommended Action: Council concur nl #: /, 2- For Agenda of September 21, 2009 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution ............ Old Business........ New Business....... Study Sessions...... Information......... Approvals: Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... $23,048.54 Transfer/Amendment...... Amount Budgeted....... Revenue Generated........ Total Project Budget City Share Total Project.. X SUMMARY OF ACTION: The Community Services Department submits CAG-08-132, City Hall HR Remodel, for final pay estimate and release of retainage. The project started on 11/26/08 and achieved substantial completion on 2/6/09. The contractor, Straightline Construction fulfilled the terms of their contract by remodeling the former Finance Department suite to accommodate the Human Resources Department, including the construction of a new Training Room. STAFF RECOMMENDATION: Approve the City Hall HR Remodel project, authorize final pay estimate in the amount of $23,048.54, commencement of the 60-day lien period, and release of the retained amount of $10,271.50 to Straightline Construction, contractor, once all required releases are obtained. (Final payment to Straightline is contingent on first satisfying any outstanding claims by the Washington State Department of Labor & Industries, the Washington State Department of Revenue, and any liens by subcontractors or suppliers.) Rentonnet/agnbill/ bh STATE o� State of Washington Reg.No.: o¢ g Department of Revenue < x Audit Procedures & Administration Date:— Q. PO Box 47474 Olympia, Washington 98504-7474 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: DEPARTMENT USE ONLY City of Renton Assigned To 1055 South Grady Way Renton, WA 98055-2132 Date Assigned Notice is hereby given relative to the completion of contract or project described below. Description of Contract City Hall HR Remodel Contractor's Name Straightline Construction and Remodeling, LLC Phone No. 425-443-3491 Contractor's Address 17806 Snohomish Ave, Snohomish, WA 98296 Date Work Commenced 11 /26/08 Date Work Completed 2/6/09 Date Work Accepted 9/14/09 Surety or Bonding Co. Western Surety Company Agent's Address P.O. Box 3018, Bothell, WA 98041 Contract Amount: Additions or Reductions: Sales Tax: Total $ 124,000.00 $ 81,430.09 $ 18,598.99 $ $224,029.08 By Phone No: Amount Disbursed: $ 213,757.58 Amount Retained: $ 10,271.50 Total: $ $224,029.08 (Disbursing Officer) The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, Olympia, Washington 98504- 7474, immediately after acceptance of the work done under this contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until receipt of Department's certificate, and then only in accordance with said certificate. Notice of Completion HR Remodel.doc APPLICATION AND CERTIFICATE FOR PAYMENT City of .Renton TO OWNER: PROJECT: APPLICATION NO.: S Distribution to: City ofRonton HR Remodel OWNER JOSS South Gtady Way Renton City Hall PERIOD TO: 8/2112009 ARCHITECT Renton, WA 99057 1053 S. Grady Way CONTRACTOR PROJECT N0.: CAG-08-132 FROM CONTRACTOR: VIA ARCHITECT : Straightline Construction Heery International 17806 Snohomish Ave 1101 Westem Ave. Snohomish, WA 98296 Seattle, WA CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for payment, as shown below, in connection with the Contract. Continuation Sheet Is attached. 1. ORIGINAL CONTRACT SUM (without tax) „,.,... S 124,006.00 2. Net change by Chang* Orden (without tax) ................. $ 91,430.09 3. CONTRACT SUM TO DATE (without tax) ...................... S 205.430.09 (Line 1 + or - Line 2) 4. TOTAL COMPLETED 6 BTORED TO DATE (wlo tax) — S 205,430.09 5, RETAINAGE AT 5%............................................... (Based on line 4) 6. TOTAL EARNED LESS RETAINAGE..„...................... (Line 4 less Lint 5) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT„.. (Line 6 f tim,prior Certificate) 8. SUBTOTAL............................................................. (Line 6 leas Line 7) 9. Washington State Sal" Tax at 2.6%................ (Based oa line 4 less prior certificate's line 4) 10. CURRENT PAYMENT DUE ......................................... (Line 8 plus Line 9) 11. BALANCE TO FINISH, INCLUDING RETAINAGE...... (Line 31ess Line 6) $ 10,271.50 S 195,158.59 S 174.205.37 S 20,953.22 S 2,09332 S 23,048.54 5�10,271.50 ARCHITECTS CERTIFICATE FOR PAYMENT In acowdanee with the Contract Documents, based on ort-site observations and the data comprising the above application, the Architect certifies to the Owner that to the best of the Architect's knowledge, information and bolief the Work has progtessod as indicated, the quality ofthe Work is In accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED. MY CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Change Orders approved in revious months by owner $ 59 474.07 $ - a approved this month $ (43.98) $ 22,000.00 $ - umber Date Approved 4 5 4/2212009 8/28R009 TOTALS S 81430.09 Net changes Chang era 81 430.09 The undersigned Contractor aertiftos that to the best of the Contractor's knowledge, intbr- mrtion and belief the Work covered by this AppUcn' ee gm,�ateedd in accordance with the Contract Documents, that all aunts hn�psmlyy ee60. � Contrector for Work ibr which previous Certificates r Payment werMaltrq d Wounent received from the Owner, and that current payments wn herein 11 ehio"a t1t11, � CONTRACTOR- B ram. /L- te.� State of: Washington, Subscribe4and swam i this � day of Notary Public My Commuston ttr County of: King j ;f�re a .� G�.t�. L :1'l (1 rn 0 OD N A v AMOUNT CERTIFIED..._ ...... ............... ................. .,...... (Aaad, AwI a Vafflownt cv errJra a omOEM led forj AKCHIT By: Date: ag •OZ This Certificate is not gotiabl . The AMOUNT CERTIFIED is payable only to the Contractor named herein. Issuance, payment and acceptance of payment • e to any rights of the Owner or Contractor under this Cantncc. iv et.Ncyss+tpient of State of Washington venue. Department of Revenue waslttninton Solo Registration Number 602 651 883 . NOTICE AND ORDER TO WITHHOLD AND DELIVER (Continuing Levy) o: CITY OF RENTON ATTN: MIKE NOLAN 1055 S. GRADY WAY RENTON WA 98057 County Cause Number Warrant Number Date of Judgment Judgment Amount Amount Due KING 09-244778-7SEA 111245A 04 06 2009 $26,362.47 $18,938.85 You are hereby notified that there is now due, owing and un up 'd, to the State of Washington from the taxpayer whose name appears below, the sum of TOTAL AMOUNT DUE $ 18,938.85 You are required to answer the undersigned Revenue Agent at the office address listed below, within TWENTY (20) DAYS of the date you receive this Notice. You must state, in writing and under oath, in what amount you are or will become indebted to the below named taxpayer and what funds, property, or effects of this taxpayer you may have in your possession and you must immediately deliver such funds or property to the sameRevenue Agent or furnish abond satisfactory to the ,partment of Revenue until final liability is determined. I nis notice shall remain in effect until the Department issues an official, written release. Due to the nature of the debt, additional interest may accrue causing the total due to. increase. Checks or money orders should be made payable to "Department of Revenue, State of Washington." Date of service means this levy is in effect as of the date it is personally served or date of receipt via certified mail. ailure to comply with the requirements of this Notice within the prescribed time is unlawful and you may be held able for the full amount due, together with costs, if judgment by default is rendered against you.by the court. (RCW 2.32.235) EE SPECIFIC INSTRUCTIONS ON THE REVERSE FOR: Financial Institu In The Matter Of The Tax Judgment Against: STRAIGHTLINE CONSTRUCTION & REMODELING LLC PO BOX 1870 WOODINVILLE. WA 98072 F AND ALL FUNDS, EXCLUDING RETAINAGE I _)S, TO BE PAID TO RICK BROWN AND/OR STRIAGHTLINE CONSTRUCTION FEIN:205624793 Signature By of OEller Persons or Entities. kR47vCNT OF REVENUE (Issuing Agent) (Serving Agent, if other than above) Date of Personal Service Date of Certified Mailing STATE OF WASHINGTON DEPARTMENT OF REVENUE Contact: JASON HOFMANN Address: 19800 North Creek Pkwy STE 101 PO BOX 1619 Bothell WA 98041 1619 r Phone: 425 489-1755 rHE FEDERAL RESTRICTIONS ON MAXIMUM ALLOWABLE GARNISHMENT (LEVY) DO NOT APPLY TO THIS ACTION [15 U-SCS = 1673 (b)(1)(c)] EXCERPT FROM REVISED CODE OF WASHINGTON, 82.32.235 "...the department is hereby authorized to issue to any person, or to any political subdivision or department of the state, a .iotice and order to withhold and deliver property of any kind whatsoever .when there is reason to believe that there is in the )ossession of such person, political subdivision or department, property which is or shall become due, owing or belonging to any .axpayer against whom a warrant has been filed." FINANCIAL INSTITUTIONS: I. This Notice requires your institution to withhold funds on depositor in possession at the time of legal service for all accounts or property in any branch, whether savings or checking or contract -collection, personal or business including safe deposit boxes and certificates of time deposit which may be held in the taxpayer's name or the name of the business or the name of the spouse or partners) including any spouse whose name is shown on this Notice as John or Jane Doe. ?. This Notice aliows a maximum of TWENTY �20} DAYS for receipt of a written, notarized answer. Delivery of any funds or property held should accompany the answer. Z. Due to the difficulties of monitoring activities in depositor accounts, the Department expects that future deposits will not be subject io attachment by the Notice, however other Notices may be served to attach future deposits. Payments received in the course of the institution acting as a contract collection agent, however, will be subject to a continuing attachment by this notice until such time as he debt is extinguished or the contract collection is completed. I. When the remittance, satisfactory answer, or final remittance (in the case of a continuing lien) is received, the Department will issue an official written release. 3MPLOYERS: This. Notice requires you to immediately cease paying wages or other payments whatsoever to the taxpayer or spouse unless otherwise instructed by the Department of Revenue. You must provide a written answer to the Department within TWENTY (20) DAYS of the date of service of this Notice. However, because a pay day may occur shortly, the written answer should be provided immediately. In this way, you will be informed by the Department as to the specific amount of the wage attachment due to a subsequent negotiation with the taxpayer. If installment payments are agreed upon, the final remittance will include additional interest not stated on this form. )THER PERSON OR ENTITIES: Any funds due the taxpayer from you or property of the taxpayer that you hold must be remitted to the Department or Revenue. :. In every case, written ans.wer to the Notice. must be made within TWENTY (20) DAYS of the date of service of this Notice to avoid the potentiad bf judgment'by default which would make you liable for the full amount due plus costs. Zuestions about this notice should be directed to the issuing agent at the office address shown on the front. All funds or property hould be delivered to this same office and not to any other office of the Department of Revenue. CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board: Community Services/Facilities Staff Contact: Peter Renner, Facilities Director Ext. 6605 Subject: Lease Agreement with Medifacts International, Inc., and an associated Lease Termination Agreement and Release with Sound Publishing, Inc. Exhibits: Issue Paper Lease Agreement Lease Termination ent and Release AI #: For Agenda of: September 21, 2009 Agenda Status Consent .............. Public Hearing. Correspondence. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information......... X Recommended Action: Approvals: Refer to Finance Committee Legal Dept......... X Finance Dept..... X Other .................. Fiscal Impact: Expenditure Required... Amount Budgeted....... Total Project Bu Transfer/Amendment....... Revenue Generated......... Share Total Project $2100 monthly, $8415 one-time payment SUMMARY OF ACTION: A new tenant, Medifacts International Inc., will locate in the space vacated by Sound Publishing Inc. prior to the end of their lease. Sound Publishing Inc. will make a negotiated lease termination payment. STAFF RECOMMENDATION: Approve Lease Termination Agreement and Release with Sound Publishing Inc., at the 200 Mill Building, approve Lease eement with Medifacts International, Inc., for the same space, and authorize the Mayor and City Clerk to sign both. H:\Facilities\Facilities Director\Peter Renner\Peter Renner 2009\Cricket Communications 2009\Agenda BiliMedifactsSound.doc 9/14/2009 12:37:27 PM COMMUNITY SERVICES City of DEPARTMENTQ. M E M O R A N D U M DATE: September 14, 2009 TO: Randy Corman, Council President Members of Renton City Council VIA: JC,' P Denis Law, Mayor FROM: Terry HigashiyamIa, Community Services Administrator STAFF -CONTACT: Peter Renner, Facilities Director, Zxt-6605 SUBJECT: Lease Agreement with Medifacts International Inc., and Lease Termination Agreement and Release with Sound Publishing Inc. Issue: Should the Council authorize the Mayor and City Clerk to sign a Lease Agreement with Medifacts International Inc. for Suite 070 in the 200 Mill Building and authorize the Mayor and City Clerk to sign a Lease Termination Agreement and Release with Sound Publishing Inc., for the same space? Recommendation: Council authorize the Mayor and City Clerk to sign the Lease Agreement and the Lease Termination Agreement and Release. bdckeround• • Sound Publishing Inc. (SPI) has a lease for Suite 070 in the 200 Mill Building that runs through August 31, 2010. They have relocated their operations to another office in Kent. • Medifacts International, Inc. (MII) expressed an interest in leasing an equivalent amount of space in the 200 Mill Building immediately. • GVA Kidder Matthews, property managers for the 200 Mill Building, negotiated a Lease Termination Agreement and Release with SPI to allow MII to occupy the space immediately. • The business points of the proposed Lease Agreement with MII are as follows: o MII takes immediate occupancy of Suite 070 with no major tenant improvements. o The lease period is September 1, 2009, until June 30, 2010, with a monthly rent of ,$2,100. This is roughly $700 more per month than SPI's payment. o MII may extend the lease beyond June 30, 2010. o There is a leasing commission due GVA Kidder Matthews of $822. The business points of the proposed Lease Termination Agreement and Release are as follows: o SPI agreed to return possession of the space to the Landlord immediately. o SPI agreed to make a termination payment of $8,415.00, funded by their security deposit, for half of the remaining rent liability. Conclusion: T"iS transaction has a net gain off $9,441 to the -City and may result in a longer term lease with MII. c. Jay+Covington, Chief Administrative Officer Iwen Wang, -Finance & IS Administrator Ann Nielsen, Assistant City Attorney h:\facilities\facilities director\peter renner\peter renner 2009\cricket communications 2009\info papeispimii091409.doc `- - - 4 Formatted: Height: 11- GVA KIDDER MATHEWS 601 UNION STREET OFFICE LEASE - GROSS O SUITE 4720 SEATTLE, WA 98101 200 MILL AVENUE BUILDING TEL 398-2271 FAX 398-2290 This Lease is made this 25th day of August, 2009 by and between The City of Renton, Washington, a Washington municipal corporation ("Landlord"), and Medifacts International, Inc., a Delaware corporation ("Tenant"), who agree as follows: 1. Fundamental Terms. As used in this Lease, the following capitalized terms shall have the following meanings: (a) "Land" means the land on which the Building is located, situated in the City of Renton, County of King, State of Washington, which is described on Exhibit A. (b) "Building" means the building in which the Premises are located, commonly known as the 200 Mill Avenue Building, the street address of which is 200 Mill Avenue South, Renton, Washington 98055- 3232. (c) "Premises" means that certain space crosshatched on Exhibit B, located on the Ground floor of the Building and designated as Suite 070. (d) "Agreed Areas" means the agreed amount of rentable square feet of space in the Building and the Premises. Landlord and Tenant stipulate and agree for all purposes under this Lease that the Building contains approximately 49,480 rentable square feet of space (the "Building Area") and that the Premises contain approximately 1,644 rentable square feet of space in Suite 070 on the ground floor. The total area under lease will be 1,644 rentable square feet, (the "Premises Area"). The parties agree that the Premises will be remeasured by Landlord's architect to accurately determine the number of rentable square feet of space in the Premises, which determination shall be made in accordance with the Building Owners and Managers Association International ("BOMA") standards, namely the "Standard Method for Measuring Floor Area in Office Buildings — American National Standard," ANSI Z65.1-1996. Promptly after Landlord's architect makes such determination, this Lease shall be amended to accurately reflect the number of rentable square feet of space in the Building and the Premises as so determined. In addition, the Minimum Monthly Rent, and Tenant's Share, shall be proportionately adjusted based on the actual number of rentable square feet of space in the Premises as so determined. Landlord and Tenant further agree that the Building Area may exclude portions of the Building which are used for other than office purposes, such as areas used for retail purposes. (e) "Tenant's Share" means the Premises Area divided by the Building Area, expressed as a percentage, which is three point three twopercent (3.32%). Notwithstanding the foregoing, if one or more of the facilities, services and utilities the costs of which are included within the definition of Operating Costs is not furnished to one or more spaces or to particular types of spaces, then in connection with the calculation of Tenant's Share of each of such costs the Building Area shall be reduced by the number of rentable square feet contained in such space and Tenant's Share shall be separately computed as to each of such costs. If the Building shall contain non -office uses during any period, Landlord shall have the right to determine, in accordance with sound accounting and management principles, Tenant's Share of Real Property Taxes and Operating Costs for only the office portion of the Building; in such event, Tenant's Share shall be based on the ratio of the rentable area of the Premises to the rentable area of such office portion for such period. If a portion of the Building is damaged or condemned, or any other event occurs which alters the number of rentable square feet of space in the Premises or the Building, then landlord shall adjust Tenant's Share to equal the number of rentable square feet of space then existing in the Premises (as altered by such event) divided by the number of rentable square feet of space then existing in the Building (as altered by such event). "Commencement Date" means September 1, 2009, or such earlier or later date as provided in Section 4 hereof. Tenant shall have access to the Premises for furniture, telecommunications wiring, and equipment assembly for a period of up to 15 days prior to lease commencement at no cost to Tenant. The City, or GVA management may inspect the Premises prior to Tenant occupancy, to insure that there has been no damage to the Premises by Tenant, prior to the Commencement Date. (f) "Expiration Date" means June 30, 2010 (g) "Term" means the period of time commencing on the Commencement Date and ending on the Expiration Date, unless sooner terminated pursuant to this Lease. (h) "Minimum Monthly Rent" means the following amounts as to the following periods during the Term of this Lease: Period Monthly Amount September 1, 2009 to June 30, 2010 $2,100.00 per month (i) "Permitted Use" means use for purposes of general business offices 0) "Base Year" means the calendar year 2009. (k) "Prepaid Rent" means Two Thousand One Hundred and 00/100 Dollars ($2,100.00). (1) "Security Deposit" means Two Thousand One Hundreed and Zero Dollars ($2,100.00). (m) "Landlord's Address for Notice" means 200 Mill Avenue Building, cto GVA Kidder Mathews, 601 Union Street, Suite 4720, Seattle, WA 98101. (n) "Landlord's Address for Payment of Rent" means 200 Mill Avenue Building, Go GVA Kidder Mathews, P.O. Box 34860, Seattle, WA 98124-1860. (o) "Tenant's Address for Notice" means Medifacts International, Inc., 200 Mill Avenue Building, Suite 410, Renton, WA 98055-3232 on and after the Commencement Date. (p) "Landlord's Agent" means GVA Kidder Mathews or such other agent as Landlord may appoint from time to time. (q) "Broker(s)" means GVA Kidder Mathews representing the Landlord and Tenant. (r) "Exhibits" means the following Exhibits to this Lease: Exhibit A - Legal Description of the Property Exhibit B - Outline Drawing of the Premises Exhibit C - Work Letter Exhibit D - Rules and Regulations Exhibit E — Insurance Letter (s) "Rider" means — N/A (t) "Definitions" means the words and phrases defined in Section 41 captioned "Definitions". 2. Consent and Notices. Whenever the consent of either Landlord or Tenant is required under this Lease, such consent shall not be effective unless given in writing and shall not be unreasonably withheld or delayed, provided, however, that such consent may be conditioned as provided in this Lease. All notices or requests required or permitted under this Lease shall be in writing as provided in Section 42(g). 3. Premises and Appurtenances. Landlord leases to Tenant and Tenant leases from Landlord the Premises for the Term. Tenant, and its authorized representatives, shall have the right to use, in common with others and subject to the Rules and Regulations, the Common Areas of the Building. Landlord shall have the right, in Landlord's sole discretion, from time to time to (i) make changes to the Building interior and exterior and Common Areas, including without limitation, changes in the location, size, shape, number and appearance thereof, (ii) to close temporarily any of the Common Areas for maintenance purposes so long as reasonable access to the Premises remains available, and (iii) to use the Common Areas while engaged in making additional improvements, repairs or alterations to the Building. All of the windows and exterior walls of the Premises and any space in the Premises used for shafts, stacks, pipes, conduits, ducts, electrical equipment or other utilities or Building facilities are reserved solely to Landlord and Landlord shall have rights of access through the Premises for the purpose of operating, maintaining and repairing the same, provided, however, that such changes shall not materially affect Tenant's access to, or use and occupancy of, the Premises. 4. Term. (a) Commencement Date. The Term shall commence on the Commencement Date and expire on the Expiration Date, unless sooner terminated pursuant to this Lease. The Commencement Date shall be: (i) The date specified in Section 1, unless notice is delivered pursuant to Subsection 4(a)(ii), in which case the Commencement Date shall be such later date, or Tenant occupies the Premises earlier pursuant to Subsection 4(a)(iii), in which case the Commencement Date shall be such earlier date; (ii) Such later date on which the Tenant Improvements to be made to the Premises by Landlord, if any, are substantially complete, provided, however, that Landlord shall give notice of substantial completion to Tenant at least five (5) days before such date. (iii) If Tenant shall occupy the Premises for the Permitted Use prior to the Commencement Date specified in Section 1 or the date specified in the notice provided for pursuant to Subsection 4(a)(ii), then the date of such early occupancy. (b) Tenant Obligations. If the Tenant Improvements, if any, are not substantially completed on the Commencement Date specified in Section 1 due to Tenant's failure to promptly review and approve the plans and specifications for the Tenant Improvements or change orders with respect to the Tenant Improvements or to Tenant's failure to fulfill any other obligation under this Lease, then the Term shall be deemed to have commenced on the Commencement Date specified in Section 1. (c) Tenant Termination Rights. If Landlord is unable to deliver possession of the Premises with the Tenant Improvements, if any, substantially completed to Tenant on the Commencement Date as a result of causes beyond its reasonable control, Landlord shall not be liable for any damage caused by failing to deliver possession and this Lease shall not be void or voidable. Tenant shall not be liable for Rent until Landlord delivers possession of the Premises to Tenant. No delay in delivery of possession of the Premises to Tenant shall change the Expiration Date or operate to extend the Term. If Landlord does not deliver possession of the Premises to Tenant within six (6) months of the Commencement Date, then Tenant may elect to terminate this Lease by giving written notice to Landlord within ten (10) days following the end of such six (6) month period. (d) Confirmation of Commencement Date. When the Commencement Date as provided in Subsection 4(a)(ii) or Subsection 4(a)(iii) has been established as an earlier or later date than the Commencement Date specified in Section 1, Landlord shall confirm the Commencement Date by notice to Tenant. 5. Minimum Monthly Rent; Late Charge. (a) Minimum Monthly Rent. Tenant shall pay to Landlord the Minimum Monthly Rent without deduction, offset, prior notice or demand, in advance on the first day of each month during the Term. Minimum Monthly Rent for any partial month shall be prorated at the rate of 1/30th of the Minimum Monthly Rent per day. Minimum Monthly Rent is exclusive of any sales, franchise, business or occupation or other tax based on rents (other than Landlord's general income taxes) and should such taxes apply during the Term, the Minimum Monthly Rent shall be increased by the amount of such taxes. All Rent shall be paid to Landlord at Landlord's Address for Payment of Rent or at such other address as Landlord may specify by notice to Tenant. (b) Late Charge. Tenant acknowledges that the late payment by Tenant of any Rent will cause Landlord to incur administrative, collection, processing and accounting costs and expenses not contemplated under this Lease, the exact amount of which are extremely difficult or impracticable to predict or remedy. Therefore, if any Rent is not received by Landlord from Tenant by the fifth (5th) calendar day after such Rent is due, Tenant shall immediately pay to Landlord a late charge equal to five percent (5%) of the amount of such Rent or Seventy-five and No/100th Dollars ($75.00), whichever is greater. Landlord and Tenant agree that this late charge represents a reasonable estimate of such costs and expenses and is fair compensation to Landlord for its loss caused by Tenant's nonpayment. Should Tenant pay said late charge but fail to pay contemporaneously therewith all unpaid amounts of Rent, Landlord's acceptance of this late charge shall not constitute a waiver of Tenant's default with respect to Tenant's nonpayment nor prevent Landlord from exercising all other rights and remedies available to Landlord under this Lease or under law. 6. Prepaid Rent and Security Deposit. As partial consideration for Landlord's execution of this Lease, on execution of this Lease, Tenant shall deposit with Landlord the Prepaid Rent, as monthly rent for the first full month of the Term for which Rent is payable, and the Security Deposit, as a Security Deposit for the performance by Tenant of the provisions of this Lease. If Tenant is in default, Landlord may use the Security Deposit, or any portion of it, to cure the default, including without limitation, paying for the cost of any work necessary to restore the Premises, the Tenant improvements and any alterations to good condition or to compensate Landlord for all damage sustained by Landlord resulting from Tenant's default. Tenant shall within five (5) days of demand pay to Landlord a sum equal to the portion of the Security Deposit expended or applied by Landlord as provided in this Section so as to maintain the Security Deposit in the sum initially deposited with Landlord. If Tenant is not in default as of the expiration or termination of the Term, including without limitation, in default in payment of the Rent for the last month of the Term, then Landlord shall return the Security Deposit, without interest, to Tenant within a reasonable period of time not to exceed thirty (30) days after the expiration or termination of the Term, provided, however, that Landlord may retain a portion of the Security Deposit for payment of increases in Real Property Taxes and Operating Costs the exact amount of which has not been determined as of the expiration or termination of the Term. Landlord's obligations with respect to the Security Deposit are those of a debtor and not a trustee. Landlord may commingle the Security Deposit with Landlord's general and other funds. Real Property Taxes. (a) Payment of Tenant's Share of Increases in Real Property Taxes. Tenant shall pay to Landlord, as Additional Rent, monthly, in advance on the first day of each month during the Term, an amount equal to one -twelfth (1/12th) of Tenant's Share of all increases in Real Property Taxes that are or will be levied or assessed against the Property during each calendar year during the Term over and above the Real Property Taxes that are levied or assessed against the Property during the Base Year as reasonably estimated by Landlord. Such Additional Rent is exclusive of any sales, franchise, business or occupation or other tax based on rents and should such taxes apply during the Term, such Additional Rent shall be increased by the amount of such taxes. Within one hundred twenty (120) days after the end of each calendar year during the Term or within such longer period of time as may be reasonably necessary, Landlord shall furnish to Tenant a statement of the Real Property Taxes for the preceding calendar year and Tenant's Share of the increase in Real Property Taxes. If Tenant's Share of the increase in such Real Property Taxes for that calendar year over such Real Property Taxes for the Base Year exceeds the monthly payments made by Tenant, then Tenant shall pay Landlord the deficiency within thirty (30) days after receipt of the statement. If Tenant's payments made during that calendar year exceed Tenant's Share of the increase in such Real Property Taxes for that calendar year over such Real Property Taxes for the Base Year, then, at Landlord's option, either Landlord shall pay Tenant the excess at the time Landlord furnishes the statement to Tenant, or Tenant shall be entitled to offset the excess against the next installment(s) of Minimum Monthly Rent and Additional Rent, provided, however, that at the end of the Term Landlord shall pay Tenant the excess at the time Landlord furnishes the statement to Tenant (b) General and Special Assessments. With respect to any general or special assessments which may be levied against or upon the Property, or which under the laws then in force may be evidenced by improvement or other bonds or may be paid in annual installments, only the amount of such annual installment, and interest due thereon, shall be included in the computation of Real Property Taxes. (c) Proration. Tenant's Share of Real Property Taxes shall be prorated on the basis of a 360-day year to account for any fractional portion of a tax year included in the Term at its commencement and expiration. (d) No Effect on Minimum Monthly Rent. Notwithstanding anything to the contrary in this Section, the Minimum Monthly Rent payable by Tenant shall in no event be less than the Minimum Monthly Rent specified in Section 1. (e) Leasehold Excise Tax. Notwithstanding anything to the contrary contained in this Section 7, Landlord and Tenant agree that Landlord is a municipal corporation under the State of Washington, and, as such, pays leasehold excise taxes based on rent in lieu of Real Property Taxes. For purposes of establishing a Base Year for taxes based on rent, Landlord and Tenant shall agree upon a tax assessment based on the valuation of the Property for the Base Year, and Tenant shall pay to Landlord as Additional Rent, monthly, in advance on the first day of each month during the Term, an amount equal to one -twelfth (1/12th) of Tenant's Share of all increases in the valuation of the Property over the agreed upon Base Year valuation that are or will be levied or assessed against the Property for each calendar year during the Term. 8. Personal Property Taxes. Tenant shall pay prior to delinquency all personal property taxes assessed against and levied upon trade fixtures, furnishings, equipment and all other personal property of Tenant contained in the Premises or elsewhere. If possible, Tenant shall cause such trade fixtures, furnishings, equipment and all other personal property of Tenant to be assessed and billed separately from the Property. 9. Operating Costs. (a) Payment of Tenant's Share of Increases in Operating Costs. Tenant shall pay to Landlord, as Additional Rent, monthly, in advance on the first day of each month during the Term, an amount equal to one -twelfth (1/12th) of Tenant's Share of the increase in the Operating Costs of the Property for each calendar year during the Term over the Operating Costs for the Base Year as reasonably estimated by Landlord. Landlord may, in accordance with sound accounting and management principles, both reasonably estimate, and finally determine, the Operating Costs for the Base Year and for each calendar year during the Term based on the Operating Costs that would have been incurred if the Building had been 95% occupied during the Base Year or each such calendar year, as the case may be, taking into account historical operating costs for the Building. Landlord may, in accordance with sound accounting and management principles, make any other appropriate changes to reflect adjustments to Operating Costs for prior years or for the then current calendar year. Such Additional Rent is exclusive of any sales, franchise, business or occupation or other tax based on rents and should such taxes apply during the Term, such Additional Rent shall be increased by the amount of such taxes. Within one hundred twenty (120) days after the end of each calendar year during the Term or within such longer period of time as may be reasonably necessary, Landlord shall furnish to Tenant a statement of the Operating Costs for the preceding calendar year and Tenant's Share of the increase in the Operating Costs. If Tenant's Share of the increase in the Operating Costs for that calendar year over the Operating Costs for the Base Year exceeds the monthly payments made by Tenant, then Tenant shall pay Landlord the deficiency within thirty (30) days after receipt of the statement. If Tenant's payments made during that calendar year exceed Tenant's Share of the increase in the Operating Costs for that calendar year over the Operating Costs for the Base Year, then, at Landlord's option, either Landlord shall pay Tenant the excess at the time Landlord furnishes the statement to Tenant, or Tenant shall be entitled to offset the excess against the next installment(s) of Minimum Monthly Rent and Additional Rent, provided, however, that at the end of the Term Landlord shall pay Tenant the excess at the time Landlord furnishes the statement to Tenant. (b) Proration. Tenant's Share of Operating Costs shall be prorated on the basis of a 360-day year to account for any fractional portion of a year included in the Term at its commencement and expiration. (c) No Effect on Minimum Monthly Rent. Notwithstanding anything to the contrary in this Section, the Minimum Monthly Rent payable by Tenant shall in no event be less than the Minimum Monthly Rent specified in Section 1. 10. Use. Tenant shall use the Premises for the Permitted Use and for no other use without Landlord's prior consent. Tenant agrees that it has determined to its satisfaction that the Premises can be used for the Permitted Use. Tenant waives any right to terminate this Lease if the Premises cannot be used for the Permitted Use during the Term unless the prohibition on use is the result of actions taken by Landlord. Tenant's use of the Premises shall be in accordance with the following: (a) Insurance. Tenant shall not do, bring, or keep anything in or about the Premises or the Property that will cause a cancellation of any insurance covering the Property. If the rate of any insurance carried by Landlord on the Property as published by the Washington Survey and Rating Bureau, or any successor rating bureau or agency, is increased as a result of Tenant's use, then Tenant shall pay to Landlord not less than ten (10) days before the date Landlord is obligated to pay a premium on the insurance, a sum equal to the difference between the original premium and the increased premium. (b) Compliance with Laws. Tenant shall comply with all applicable laws concerning the Premises and Tenant's use of the Premises. (c) Waste, Nuisance and Improper Use. Tenant shall not use the Premises in any manner that will constitute waste, nuisance or unreasonable annoyance to other tenants in the Building, including without limitation, (i) the use of loudspeakers or sound or light apparatus that can be heard or seen outside the Premises, (ii) for cooking or other activities that cause odors that can be detected outside the Premises, or (iii) for lodging or sleeping rooms. Violation of this subsection may result in a finding that Tenant is in violation of the Nuisance provision and/or other applicable Renton Municipal Code provisions and/or applicable laws. (d) Damage to Property. Tenant shall not do anything in, on or about the Premises that will cause damage to the Property, excluding normal wear and tear associated with normal office use. (e) Rules and Regulations. Tenant and its authorized representatives shall comply with the Rules and Regulations set forth on Exhibit D attached hereto. Landlord shall have the right to reasonably amend the Rules and Regulations from time to time. In the event of a conflict between this Lease and the Rules and Regulations, as amended, this Lease shall control. Landlord shall have the right to enforce the Rules and Regulations. Landlord shall have no liability or responsibility whatsoever with respect to the noncompliance by other tenants or their authorized representatives with any of such Rules and Regulations. 11. Hazardous Substances. Tenant shall not dispose of or otherwise allow the release of any Hazardous Substances in, on or under the Premises, or the Property, or in any tenant improvements or alterations placed on the Premises by Tenant. Tenant represents and warrants to Landlord that Tenant's intended use of the Premises does not involve the use, production, disposal or bringing on to the Premises of any Hazardous Substances, except for products normally used in general business offices which constitute Hazardous Substances, provided that such products are used, stored and disposed of in accordance with applicable laws and manufacturer's and supplier's guidelines. Tenant shall promptly comply with all laws and with all orders, decrees or judgments of governmental authorities or courts having jurisdiction, relating to the use, collection, treatment, disposal, storage, control, removal or cleanup of Hazardous Substances, on or under the Premises or the Property, or incorporated in any tenant improvements or alterations, at Tenant's expense. (a) Compliance; Notification. After notice to Tenant and a reasonable opportunity for Tenant to effect such compliance, Landlord may, but is not obligated to, enter upon the Premises and take such actions and incur such costs and expenses to effect such compliance as it deems advisable to protect its interest in the Premises and the Property, provided, however that Landlord shall not be obligated to give Tenant notice and an opportunity to effect such compliance if (i) such delay might result in material adverse harm to the Premises, or the Property, or (ii) an emergency exists. Tenant shall reimburse Landlord for the full amount of all costs and expenses incurred by Landlord in connection with such compliance activities, and such obligation shall continue even after expiration or termination of the Term. Tenant shall notify Landlord immediately of any release of any Hazardous Substances on the Premises or the Property. (b) Indemnity by Tenant. Tenant agrees to hold Landlord harmless from and against any and all damages, charges, cleanup costs, remedial actions, costs and expenses, which may be imposed on, incurred or paid by, or asserted against Landlord, the Premises or the Property by reason of, or in connection with the acts or omissions of Tenant, its authorized representatives, or any subtenant or other person for whom Tenant would otherwise be liable, resulting in the release of any Hazardous Substances on the Premises or the Property. (c) Indemnity by Landlord. Landlord agrees to hold Tenant harmless from and against any and all damages, charges, cleanup costs, remedial actions, costs and expenses, which may be imposed on, incurred or paid by, or asserted against Tenant, the Premises or the Property by reason of, or in connection with the acts or omissions of Landlord, or its employees, resulting in the release of any Hazardous Substances on the Premises or the Property. (d) Acknowledgment as to Hazardous Substances. Tenant acknowledges that the Premises may contain Hazardous Substances, and Tenant accepts the Premises and the Building notwithstanding such Hazardous Substances. If Landlord is required by any law to take any action to remove or abate any Hazardous Substances, or if Landlord deems it necessary to conduct special maintenance or testing procedures with regard to any Hazardous Substances, or to remove or abate any Hazardous Substances, Landlord may take such action or conduct such procedures at times and in a manner that Landlord deems appropriate under the circumstances, and Tenant shall permit the same. Should Landlord's removal and abatement activities interfere with Tenant's intended use of the premises, Tenant shall have the option to elect between (a) abatement of rent in a proportion to the percentage of the premises that are affected by the removal or abatement activities calculated on a monthly basis, or (b) termination of this Lease. (e) Survival. The provisions of this Section shall survive the expiration or sooner termination of the Term. No subsequent modification or termination of this Lease by agreement of the parties or otherwise shall be construed to waive or to modify any provisions of this Section unless the termination or modification agreement or other document expressly so states in writing. 12. Landlord's Maintenance; Inclusion in Operating Costs. (a) Landlord's Maintenance. Except as provided in Section 13 captioned "Tenant's Maintenance; Remedies", Section 23 captioned "Destruction" and Section 24 captioned "Condemnation" and except for damage caused by any negligent or intentional act or omission of Tenant or its authorized representatives, Landlord shall maintain in good condition and repair the following: (i) the structural parts of the Building, which structural parts include only the foundations, bearing and exterior walls, exterior glass, glass entrance doors (excluding interior glass and interior glass doors), subflooring and roof, (ii) the building standard lighting fixtures, window coverings and ceiling tiles and the unexposed electrical, plumbing and sewage systems, including without limitation, those portions lying outside the Premises, (iii) the heating, ventilating and air-conditioning system, if any, servicing the Building, (iv) the lobbies, corridors, elevators, public or common restrooms and other common areas of the Building, and (v) the sidewalks, grounds, landscaping, parking and loading areas, if any, and other common areas of the Property. (b) Inclusion in Operating Costs. The cost of maintaining, repairing, replacing or servicing the portions of the Building that Landlord is required to maintain pursuant to this Section shall be included in Operating Costs to the extent provided in Section 9 captioned "Operating Costs". 13. Tenant's Maintenance; Remedies. (a) Tenant's Maintenance. Except as provided in Section 12 captioned "Landlord's Maintenance; Inclusion in Operating Costs", Section 23 captioned "Destruction and Section 24 captioned "Condemnation" and except for damage caused by any grossly negligent or intentional act or omission of Landlord or its authorized representatives, Tenant, at its cost, shall maintain in good condition and repair the Premises, including without limitation, all of the Tenant Improvements, Tenant's alterations, Tenant's trade fixtures, Tenant's personal property, signs, walls, interior partitions, wall coverings, windows, non - building standard window coverings, glass within the Premises, doors, carpeting and resilient flooring, non -building standard ceiling tiles, plumbing fixtures and non -building standard lighting fixtures. Tenant shall be liable for any damage to the Premises and the Building resulting from the acts or omissions of Tenant or its authorized representatives. (b) Landlord's Remedies. If Tenant fails to maintain the Premises in good condition and repair as required by Subsection 13(a) and if such failure is not cured within thirty (30) days after notice of such failure is given by Landlord to Tenant, then Landlord may, at its option, cause the Premises to be maintained in good condition and repair and Tenant shall promptly reimburse Landlord for all reasonable costs incurred by Landlord in performance of Tenant's obligation to maintain the Premises. 14. Tenant Improvements; Alterations and Trade Fixtures. (a) Tenant Improvements. Tenant accepts the Premises in their "AS IS" condition without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements or to provide any allowances unless otherwise expressly provided in this Lease or in the Work Letter attached hereto as Exhibit C. Tenant shall not make any improvements or alterations to the Premises without Landlord's prior consent. (b) Alterations. Any improvements and alterations made by either party shall remain on and be surrendered with the Premises on expiration or termination of the Term, except that Landlord can elect by giving notice to Tenant within thirty (30) days before the expiration of the Term, or within thirty (30) days after termination of the Term, to require Tenant to remove any improvements and alterations that Tenant has made to the Premises. If Landlord so elects, Tenant, at its cost, shall restore the Premises to the condition designated by Landlord in its election, before the last day of the Term, or within thirty (30) days after notice of election is given, whichever is later. Any improvements and alterations that remain on the Premises on expiration or termination of the Term shall automatically become the property of Landlord and title to such improvements and alterations shall automatically pass to Landlord at such time without any payment therefor by Landlord to Tenant. If Tenant or its authorized representatives make any improvements or alterations to the Premises as provided in this Section, then such improvements and alterations (i) shall be made in a first class manner in conformity with then building standard improvements, (ii) shall be made utilizing then building standard materials, (iii) shall be made in compliance with the Rules and Regulations and the reasonable directions of Landlord, (iv) shall be made pursuant to a valid building permit to be obtained by Tenant, at its cost, and (v) shall be made in conformity with then applicable laws, including without limitation, applicable Renton Municipal code provisions and/or building codes. (c) Trade Fixtures. Tenant shall not install any trade fixtures in or on the Premises without Landlord's written prior consent. 15. Mechanics' Liens. Tenant shall pay, or cause to be paid, all costs of labor, services and/or materials supplied in connection with any Work. Tenant shall keep the Property free and Gear of all mechanics' liens .and other liens resulting from any Work. Prior to the commencement of any Work costing more than an amount equal to one (1) month's Minimum Monthly Rent, or the supply or furnishing of any labor, services and/or materials in connection with any such Work, Tenant shall provide Landlord with a labor and material payment bond, a letter of credit or other security. satisfactory to Landlord in an amount equal to one hundred percent (100%) of the aggregate price of all contracts therefor, with release of the bond conditioned on Tenant's payment in full of all claims of lien claimants for such labor, services and/or materials supplied in the prosecution of the Work. Said payment bond shall name Landlord as a primary obligee, shall be given by a surety which is satisfactory to Landlord, and shall be in such form as Landlord shall approve in its sole discretion. Tenant shall have the right to contest the correctness or validity of any such lien if, immediately on demand by Landlord, it procures and records a lien release bond issued by a responsible corporate surety in an amount sufficient to satisfy statutory requirements therefor in the State of Washington. Tenant shall promptly pay or cause to be paid all sums awarded to the claimant on its suit, and, in any event, before any execution is issued with respect to any judgment obtained by the claimant in its suit or before such judgment becomes a lien on the Premises, whichever is earlier. If Tenant shall be in default under this Section, by failing to provide security for or satisfaction of any mechanic's or other liens, then Landlord may (but shall not be .obligated to), in addition to any other rights or remedies it may have, discharge said lien by (i) paying the claimant an amount sufficient to settle and discharge the claim, (ii) procuring and recording a lien release bond, or (iii) taking such other action as Landlord shall deem necessary or advisable, and, in any such event, Tenant shall pay as Additional Rent, on Landlord's demand, all reasonable costs (including reasonable attorney fees) incurred by Landlord in settling and discharging such lien together with interest thereon in accordance with Section 39 captioned "Interest on Unpaid Rent" from the date of Landlord's payment of said costs. Landlord's payment of such costs shall not waive any default of Tenant under this Section. 16. Utilities and Services. (a) Utilities and Services Furnished by Landlord. Landlord shall furnish the Premises with: (i) Electricity for lighting and power suitable for the use of the Premises for ordinary general office purposes; provided, however, that Tenant shall not at any time have a connected electrical load for lighting purposes in excess of the wattage per square foot of Premises Area required for building standard amounts of lighting, or a connected load for all other power requirements in excess of four (4) watts per square foot of Premises Area as determined by Landlord, and the electricity so provided for lighting and power shall not exceed such limits, subject to any lower limits set by any governmental authority with respect thereto; Subject to the reasonable limitations of the existing building systems, heating, ventilating and air-conditioning, if the Building has an air-conditioning system, to maintain a temperature range in the Premises which is customary for similar office space in the King County, Washington area (but in compliance with any applicable governmental regulations with respect thereto). Tenant agrees to keep closed, when necessary, blinds, draperies and windows which must be closed to provide for the efficient operation of the heating and air conditioning systems, if any, and Tenant agrees to cooperate with Landlord and to abide by the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the heating, ventilating and air-conditioning system, if any. If Tenant requires heating, ventilating and air conditioning to the Premises other than during normal business hours from 7:30 A.M. to 6:00 P.M. daily, and 8:00 A.M. to 11:00 A.M on Saturdays, except Sundays and those legal holidays generally observed in the State of Washington, Landlord shall, upon Tenant's request made not less than 24 hours before the time Tenant requires the after hour service, and not later than Noon on the Friday before any Saturday or Sunday on which Tenant requires such service, and not later than Noon of the day before any holiday on which Tenant requires such service (except as otherwise provided in the Rules and Regulations), furnish such heating, ventilating and air conditioning. If Tenant receives such services, then Tenant shall pay, upon demand, an amount equal to Tenant's proportionate share of the actual direct cost to Landlord in providing the heating, ventilating and air conditioning outside of normal business hours which Landlord and Tenant agree will be $25.00 per hour at this time (ii) Water for restroom and drinking purposes and access to restroom facilities; (iii) Elevator service for general office pedestrian usage if the Building is serviced by elevators; (iv) Relamping of building -standard light fixtures; (v) Washing of interior and . exterior surfaces of exterior windows with reasonable frequency, and (vi) Janitorial service five (5) times per week, except holidays. (b) Payment for Excess Utilities and Services. All services and utilities for the Premises not required to be furnished by Landlord pursuant to Section 16(a) shall be paid for by Tenant. If Tenant requires, on a regular basis, water, heat, air conditioning, electric current, elevator or janitorial service in excess of that provided for in Section 16(a), then Tenant shall first obtain the written consent of Landlord which consent may be withheld in Landlord's sole discretion. If Landlord consents to such excess use, Landlord may install an electric current or water meter (including, without limitation, any additional wiring, conduit or panel required therefor) to measure the excess electric current or water consumed by Tenant or may cause the excess usage to be measured by other reasonable methods (e.g. by temporary "check" meters or by survey). Tenant shall pay to Landlord upon demand (i) the cost of any and all water, heat, air conditioning, electric current, janitorial, elevator or other services or utilities required to be furnished to Tenant in excess of the services and utilities required to be furnished by Landlord as provided in Section 16(a); (ii) the cost of installation, maintenance and repair of any meter installed in the Premises; (iii) the cost of all electricity and water consumed by Tenant in connection with any dedicated heating, ventilating and/or air conditioning, computer power and/or air conditioning, telecommunications or other special systems of Tenant, including any power usage other than through existing standard 110-volt AC outlets; and (iv) any reasonable cost incurred by Landlord in keeping account of or determining such excess utilities or services furnished to Tenant. Landlord's failure to bill Tenant for any such excess utilities or services shall not waive Landlord's right to bill Tenant for the excess at a later time. (c) Temperature Balance. Landlord makes no representation to Tenant regarding the adequacy or fitness of the heating, ventilating and air-conditioning systems in the Building to maintain temperatures that may be required for, or because of, any of Tenant's equipment other than normal office equipment, such as personal computers, laser printers, copiers, dictating machines and other small equipment normally used in business offices, and Landlord shall have no liability for loss or damage suffered by Tenant or others in connection therewith. If the temperature otherwise maintained in any portion of the Premises by the heating, air conditioning or ventilation system is affected as a result of (i) any lights, machines or equipment (including without limitation electronic data processing machines) used by Tenant in the Premises or the use of more than one personal computer per person, (ii) the occupancy of the Premises by more than one person per two hundred (200) square feet of rentable area therein, (iii) an electrical load for lighting or power in excess of the limits per square foot of rentable area of the Premises specified in Section 16(a), or (iv) any rearrangement of partitioning or other improvements, Landlord may install any equipment, or modify any existing equipment (including the standard air conditioning equipment) Landlord deems necessary to restore the temperature balance. The cost of any such equipment, including without limitation, the cost of design and installation thereof, and the cost of operating, metering, maintaining or repairing the same, shall be paid by Tenant to Landlord upon demand. Tenant shall not install or operate window -mounted heating or air-conditioning units. (d) Special Electrical or Water Connections; Electricity Use. Tenant will not, without the prior consent of Landlord, which Landlord in its sole discretion may refuse, connect or use any apparatus or device in the Premises (i) using current in excess of 110 volts or (ii) which will cause the amount of electricity, water, heating, air conditioning or ventilation furnished to the Premises to exceed the amount required for use of the Premises for ordinary general office purposes, as determined by Landlord, during normal business hours or (iii) which would cause Tenant's connected load to exceed any limits established in Section 16(a). Tenant shall not connect with electric current except through existing outlets in the Premises and shall not connect with water pipes except through existing plumbing fixtures in the Premises. In no event shall Tenant's use of electricity exceed the capacity of existing feeders to the Building or the risers or wiring installation, and Landlord may prohibit the use of any electrical equipment which in Landlord's opinion will overload such wiring or interfere with the use thereof by other tenants in the Building. If Landlord consents to the use of equipment requiring such changes, Tenant shall pay the cost of installing any additional risers, panels or other facilities that may be necessary to furnish energy to the Premises. Landlord will not permit additional coring of the floor of the Premises in order to install new electric outlets in the Premises unless Tenant furnishes Landlord with X-ray scans of the floor area where the Tenant wishes to place additional electrical outlets and Landlord, in its absolute discretion, is satisfied, on the basis of such X-ray scans and other information obtained by Landlord, that coring of the floor in order to install such additional outlets will not weaken the structure of the floor. (e) Landlord's Duties. Landlord shall not be in default under this Lease or liable for any damages resulting from, or incidental to, any of the following, nor shall any of the following constitute an actual or constructive eviction of Tenant, nor shall the Rent be abated by reason of. (i) failure to furnish or 10 delay in furnishing any of the services described in this Section when such failure or delay is caused by accident or any condition beyond the reasonable control of Landlord, including the making of necessary repairs or improvements to the Premises or to the Building, (ii) any electrical surges or spikes, or (iii) failure to make any repair or to perform any maintenance, unless such failure shall persist for an unreasonable time after notice of the need for such repair or maintenance is given to Landlord by Tenant. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of such services. (f) Governmental Regulations. Any other provisions of this Section notwithstanding, if any governmental authority or utility supplier imposes any laws, controls, conditions, or other restrictions upon Landlord, Tenant, or the Building, relating to the use or conservation of energy or utilities, mandated changes in temperatures to be maintained in the Premises or the Building or the reduction of automobile or other emissions (collectively, the "Controls"), or in the event Landlord is required or elects to make alterations to the Building in order to comply with the Controls, Landlord may, in its sole discretion, comply and may require Tenant to comply with the Controls or make such alterations to the Building in order to comply with the Controls. Such compliance and the making of such alterations shall not constitute an actual or constructive eviction of Tenant, impose on Landlord any liability whatsoever, or entitle Tenant to any abatement of Rent. 17. Indemnity. (a) Generally. Tenant shall defend, indemnify, and hold harmless Landlord, its officers, agents, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or loss of damage to property, which arises out of Tenant's use of the Premises, or from the conduct of Tenant's business, or from any activity, work or thing done, permitted, or suffered by Tenant in or about the Premises, except only such injury or damage as shall be deemed to have occured as a direct result of negligence by Landlord. Landlord shall defend, indemnify, and hold harmless Tenant, its officers, agents, officials, and employees from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or loss of damage to property, which arises out of any damage to any persons or property occurring in, on or about the Premises or the Property resulting from the deliberate acts or omissions of Landlord or its authorized representatives, excluding any injury, death, loss or damage which arises as a result of Tenant's negligence. (b) Provisions Specifically Negotiated. LANDLORD AND TENANT ACKNOWLEDGE BY THEIR EXECUTION OF THIS LEASE THAT EACH OF THE INDEMNIFICATION PROVISIONS OF THIS LEASE (SPECIFICALLY INCLUDING BUT NOT LIMITED TO THOSE RELATING TO WORKER'S COMPENSATION BENEFITS AND LAWS) WERE SPECIFICALLY NEGOTIATED AND AGREED TO BY LANDLORD AND TENANT. 18. Exemption of Landlord from Liability. Neither Landlord, nor any of Landlord's agents or assigns shall be liable for injury to Tenant's business or loss of income therefrom or for damage which may be sustained by the person, goods, wares, merchandise or property of Tenant, its authorized representatives, or any other person in or about the Premises, caused by or resulting from fire, steam, electricity, gas, water or rain, which may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures of the same, whether the said damage or injury resulting from conditions arising upon the Premises or upon other portions of the Building or the Property unless such injury or damage is determined to have been caused by direct negligence or misconduct of Landlord or its authorized representatives. 19. Commercial General Liability and Property Damage Insurance. Tenant, at its cost, shall maintain commercial general liability insurance (including contractual liability) with liability limits of not less than $2,000,000 per occurrence, and $3,000,000 annual aggregate if the Premises contain less than 5,000 rentable square feet of space or $5,000,000 annual aggregate if the Premises contain 5,000 rentable square feet of space or more, insuring against all liability of Tenant and its authorized representatives arising out of or in connection with Tenant's use and occupancy of the Premises and property damage insurance with liability limits of not less than $1,000,000. All such commercial general liability and property damage insurance shall insure performance by Tenant of the indemnity provisions of if Section 17 captioned "Indemnity". Landlord and Landlord's Agent shall be additional named insureds on such insurance policy. 20. Tenant's Fire Insurance. Tenant, at its cost, shall maintain on all of Tenant's Alterations, Trade Fixtures and Personal Property in, on or about the Premises, a policy of standard All Risk fire insurance, in an amount equal to at least their full replacement cost. The proceeds of any such policy shall be used by Tenant for the restoration of Tenant's Alterations and Trade Fixtures and the replacement of its Personal Property. Any portion of such proceeds not used for such restoration shall belong to Tenant. King County, a charter county government under the constitution of the State of Washington, hereinafter referred to as "Tenant", maintains a fully funded Self -Insurance program as defined in King County Code 4.12 for the protection and handling of the Countys liabilities including injuries to persons and damage to property. Landlord acknowledges, agrees and understands that the Tenant is self -funded for all of its liability exposures. The Tenant agrees, at its own expense, to maintain, through its self -funded program, coverage for all of its liability exposures for this Lease Agreement. The Tenant agrees to provide the Landlord with at least thirty (30) days prior written notice of any material change in the Countys self - funded program and will provide the Landlord with a certificate of self-insurance as adequate proof of coverage. Landlord further acknowledges, agrees and understands that the Tenant does not purchase Commercial General Liability insurance and is a self -insured governmental entity; therefore the Tenant does not have the ability to add the Landlord as an additional insured. Should the Tenant elect cease self -insuring its liability exposures and purchase Commercial General Liability insurance, Tenant must add the Landlord as an additional insured and comply with all provisions of section 19. Property Insurance As respects property damage, King County is protected from physical loss under the Tenant's blanket property insurance policy. The policy is an "ALL Risk" policy that provides the Tenant with protection for all property in the Tenant's care, custody or control, wherever located. 21. Waiver of Claims; Waiver of Subrogation Landlord and Tenant release each other, and their respective authorized representatives, from, and waive their entire claim of recovery for, any claims for damage to the Premises and the Building and to Tenant's alterations, trade fixtures and personal property that are caused by or result from fire, lightning or any other perils normally included in an "all risk" property insurance policy whether or not such loss or damage is due to the negligence of Landlord, or its authorized representatives, or of Tenant, or its authorized representatives. Landlord and Tenant shall cause each property insurance policy obtained by it to provide that the insurance company waives all right of recovery by way of subrogation against either party in connection with any damage covered by such insurance policy. 22. Other Insurance Matters. All insurance required to be carried by Tenant under this Lease shall: (i) be issued by insurance companies authorized to do business in the State of Washington with a rating of ANI or better as rated in the most recent edition of Best's Insurance Reports; (ii) be issued as a primary policy, and (iii) contain an endorsement requiring thirty (30) days' prior written notice from the insurance company to both parties, to Landlord's Agent, and, if requested by Landlord, to Landlord's lender, before cancellation or change in the coverage, scope, or amount of any policy. Each policy or a certificate of the policy, together with evidence of payment of premiums, shall be deposited with Landlord on or before the Commencement Date, and on renewal of the policy not less than ten (10) days before expiration of the term of the policy. 23. Destruction. (a) Insured Damage. If during the Term the Premises or the Building are partially or totally destroyed by any casualty that is covered by any insurance carried by Landlord covering the Building, rendering the Premises partially or totally inaccessible or unusable, Landlord shall restore the Premises or the Building to substantially the same condition as they were in immediately before such destruction, if (i) 12 the insurance proceeds available to Landlord equal or exceed the cost of such restoration, (ii) in the opinion of a registered architect or engineer appointed by Landlord such restoration can be completed within one hundred eighty (180) days after the date on which Landlord obtains all permits necessary for such restoration, and (iii) such restoration is permitted under then existing laws to be done in such a manner as to return the Premises, or the Building, as the case may be, to substantially the same condition as they were in immediately before such destruction. To the extent that the insurance proceeds must be paid to a mortgagee under, or must be applied to reduce any debt secured by, a mortgage covering the Property, the insurance proceeds shall be deemed not to be available to Landlord unless such mortgagee permits Landlord to use the insurance proceeds for such restoration. Such destruction shall not terminate this Lease. (b) Major or Uninsured Damage. If during the Term the Premises or the Building are partially or totally destroyed by any casualty and Landlord is not obligated under Section 23(a) captioned "Insured Damage" to restore the Premises or the Building, as the case may be, then Landlord may, at its election, either (i) restore the Premises or the Building to substantially the same condition as they were in immediately before such destruction, or (ii) terminate this Lease effective as of the date of such destruction. If Landlord does not give Tenant notice within sixty (60) days after the date of such destruction of its election to restore the Premises or the Building, as the case may be, Landlord shall be deemed to have elected to terminate this Lease. If Landlord elects to restore the Premises or the Building, as the case may be, Landlord shall use commercially reasonable efforts to complete such restoration within one hundred eighty (180) days after the date on which Landlord obtains all permits necessary for such restoration, provided, however, that such one hundred eighty (180) day period shall be extended by a period equal to any delays caused by Force Majeure, and such destruction shall not terminate this Lease. If Landlord does not complete such restoration within one (1) year following the date of such destruction, then Tenant may elect to terminate this Lease by giving written notice to such effect to Landlord within ten (10) days following the end of such one (1) year period. (c) Damage to the Building. If during the Term the Building is partially destroyed by any casualty and if in the opinion of Landlord the Building should be restored in such a way as to materially alter the Premises, then Landlord may, at Landlord's election, terminate this Lease by giving notice to Tenant of Landlord's election to do so within sixty (60) days after the date of such destruction. (d) Extent of Landlord's Obligation to Restore. If Landlord is required or elects to restore the Premises as provided in this Section, Landlord shall not be required to restore alterations made by Tenant, Tenant's trade fixtures and Tenant's personal property, such excluded items being the sole responsibility of Tenant to restore. (e) Abatement or Reduction of Rent. In case of damage to, or destruction of, the Premises or the Building, the Minimum Monthly Rent shall be abated or reduced, between the date of destruction and the date of completion of restoration, by an amount that is in the same ratio to the Minimum Monthly Rent as the total number of square feet of the Premises that are so damaged or destroyed bears to the total number of square feet in the Premises. 24. Condemnation. If during the Term there is any taking of part or all of the Premises or the Building by condemnation, as decreed by a court of competent jurisdiction, then the rights and obligations of the parties shall be as follows: (a) Award. The entire award for the Premises, the Building and the Property, shall belong to and be paid to Landlord, Tenant hereby assigning to Landlord Tenant's interest therein, if any, provided, however, that Tenant shall have the right to claim and recover from the condemnor compensation for the loss of any alterations made by Tenant, Tenant's trade fixtures, Tenant's personal property, moving expenses and business interruption. 25. Assignment and Subletting. (a) Landlord's Consent; Definitions. Tenant acknowledges that the Building is a multi -tenant office building, occupied by tenants specifically selected by Landlord, and that Landlord has a legitimate 13 interest in the type and quality of such tenants, the location of tenants in the Building and in controlling the leasing of space in the Building so that Landlord can better meet the particular needs of its tenants and protect and enhance the relative image, position and value of the Building in the office building market. Tenant further acknowledges that the rental value of the Premises may fluctuate during the Term in accordance with market conditions, and, as a result, the Rent paid by Tenant under the Lease at any particular time may be higher or lower than the then market rental value of the Premises. Landlord and Tenant agree, and the provisions of this Section are intended to so provide, that, if Tenant voluntarily assigns its interest in this Lease or in the Premises or subleases any part or all of the Premises, a portion of the profits from any increase in the market rental value of the Premises shall belong to Landlord. Tenant acknowledges that, if Tenant voluntarily assigns this Lease or subleases any part or all of the Premises, Tenant's investment in the subject portion of the Premises (specifically including, but not limited to, tenant improvements, good will or other assets) may be lost or reduced as a result of such action. (b) Consent Required. Tenant shall not voluntarily assign or encumber its interest in this Lease or in the Premises, or sublease any part or all of the Premises, without Landlord's prior written consent, which consent shall not be unreasonably withheld. Any assignment, encumbrance or sublease without Landlord's written consent shall be voidable and, at Landlord's election, shall constitute a default by Tenant under this Lease. In determining whether to approve a proposed assignment or sublease, Landlord shall place primary emphasis on the proposed transferee's reputation and creditworthiness, the character of the business to be conducted by the proposed transferee at the Premises and the affect of such assignment or subletting on the tenant mix in the Building. In addition, Landlord shall have the right to approve the specific form of any assignment or sublease agreement. In no event shall Landlord be obligated to consent to any assignment or subletting which increases (i) the Operating Costs, (ii) the burden on the Building services, or (iii) the foot traffic, elevator usage or security concerns in the Building, or creates an increased probability of the comfort and/or safety of the Landlord and other tenants in the Building being unreasonably compromised or reduced (for example, but not exclusively, Landlord may deny consent to an assignment or subletting where the space will be used for a school or training facility, an entertainment, sports or recreation facility, retail sales to the public (unless Tenant's permitted use is retail sales), a personnel or employment agency, a medical office, or an embassy or consulate or similar office). Landlord shall not be obligated to approve an assignment or subletting to (x) a current tenant of the Building or (y) a prospective tenant of the Building with whom Landlord is then negotiating. Landlord's foregoing rights and options shall continue throughout the entire term of this Lease. No consent to any assignment, encumbrance or sublease shall constitute a waiver of the provisions of this Section and no other or subsequent assignment, encumbrance or sublease shall be made without Landlord's prior written consent. Neither an assignment or subletting nor the collection of Rent by Landlord from any person other than Tenant, nor the application of any such Rent as provided in this Section shall be deemed a waiver of any of the provisions of this Section or release Tenant from its obligation to comply with the terms and provisions of this Lease and Tenant shall remain fully and primarily liable for all of Tenant's obligations under this Lease, including the obligation to pay Rent under this Lease. Any personal guarantee(s) of Tenant's obligations under this Lease shall remain in full force and effect following any such assignment or subletting. In addition to Landlord's other rights under this Section, Landlord may condition approval of an assignment or subletting hereunder on an increase in the amount of the Security Deposit or on receipt of personal guarantees of the assignee's or sublessee's obligations under this Lease. If Landlord approves of an assignment or subletting hereunder and this Lease contains any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building, such rights and/or options shall not run to the assignee or subtenant, it being agreed by the parties hereto that any such rights and options are personal to Tenant named herein and may not be transferred. (c) Conditions to Assignment or Sublease. Tenant agrees that any instrument by which Tenant assigns or sublets all or any portion of the Premises shall expressly provide that the assignee or subtenant may not further assign or sublet the assigned or sublet space without Landlord's prior written consent (which consent shall not, subject to Landlord's rights under this Section, be unreasonably withheld or delayed), and that the assignee or subtenant will comply with all of the provisions of this Lease and that Landlord may enforce the Lease provisions directly against such assignee or subtenant. If this Lease is assigned, whether or not in violation of the terms and provisions of this Lease, Landlord may collect Rent from the assignee. If the Premises, or any part thereof, is sublet, Landlord may, upon a default under this Lease, collect rent from the subtenant. In either event, Landlord may apply the amount collected from the assignee or subtenant to Tenant's obligation to pay Rent under this Lease. Nothing in this subsection that 14 preclude Landlord from pursuing Rent, fees, or other remedies from Tenant, if the Tenant's subtenant or assignee fails to comply with all the applicable provisions of the Lease or sublease. (d) Events Constituting an Assignment or Sublease. For purposes of this Section, the following events shall be deemed an assignment or sublease, as appropriate: (i) the issuance of equity interests (whether stock, partnership interests or otherwise) in Tenant, or any assignee or subtenant, if applicable, or any entity controlling any of them, to any person or group of related persons, in a single transaction or a series of related or unrelated transactions, such that, following such issuance, such person or group shall have Control (as defined below) of Tenant, or any assignee or subtenant, if applicable; or (ii) a transfer of Control of Tenant, or any assignee or subtenant, if applicable, or any entity controlling any of them, in a single transaction or a series of related or unrelated transactions (including, without limitation, by consolidation, merger, acquisition or reorganization), except that the transfer of outstanding capital stock or other listed equity interests by persons or parties other than "insiders" within the meaning of the Securities Exchange Act of 1934, as amended, through the "over-the-counter" market or any recognized national or international securities exchange, shall not be included in determining whether Control has been transferred. "Control" shall mean direct or indirect ownership of fifty percent (50%) or more of all the legal and equitable interest in any business entity. (e) Processing Expenses. Tenant shall pay to Landlord the amount of Landlord's cost of processing each proposed assignment or subletting, including without limitation, reasonable attorneys' and other related fees, and the cost of Landlord's administrative, accounting and clerical time (collectively, "Processing Costs"), and the amount of all reasonable direct and indirect expense incurred by Landlord arising from the assignee or sublessee taking occupancy of the subject space, including without limitation, reasonable costs of freight elevator operation for moving of furnishings and trade fixtures, security service, janitorial and cleaning service, rubbish removal service, costs of changing signage, and costs of changing locks and making new keys (collectively, "Occupancy Costs"). Notwithstanding anything to the contrary herein, Landlord shall not be required to process any request for Landlord's consent to an assignment or subletting until Tenant has paid to Landlord Three Hundred Dollars ($300.00), or Landlord's estimate of the Processing Costs and the Occupancy Costs, whichever is greater. (f) Consideration to Landlord. In the event of any assignment or sublease, whether or not requiring Landlord's consent, Landlord shall be entitled to receive, as Additional Rent, one-half (1/2) of any consideration, including without limitation, payment for leasehold improvements paid for by Landlord, paid by the assignee or subtenant for the assignment or sublease and, in the case of sublease, the excess of the amount of rent paid for the sublet space by the subtenant over the total amount of Minimum Monthly Rent under Section 5 and Additional Rent under Sections 7 and 9. Upon Landlord's request, Tenant shall assign to Landlord all amounts to be paid to Tenant by the assignee or subtenant and shall direct such assignee or subtenant to pay the same directly to Landlord. If there is more than one sublease under this Lease, the amounts (if any) to be paid by Tenant to Landlord pursuant to the preceding sentence shall be separately calculated for each sublease and amounts due Landlord with regard to any one sublease may not be offset against rental and other consideration due under any other sublease. (g) Procedures. If Tenant desires to assign this Lease or any interest therein or sublet all or part of the Premises, Tenant shall give Landlord written notice thereof designating the space proposed to be sublet and the terms proposed. If the proposed sublease covers the entire Premises and if the term of the proposed sublease (including any renewal terms) will expire during the final six (6) months of the Term (or if Tenant has exercised a renewal option, if any, then during the final six (6) months of the subject renewal period), then Landlord shall have the prior right and option (to be exercised by written notice to Tenant given within fifteen (15) days after receipt of Tenants notice) (i) to terminate this Lease, or (ii) to approve Tenant's proposal to sublet conditional upon Landlord's subsequent written approval of the specific sublease obtained by Tenant and the specific subtenant named therein. If Landlord exercises its option described in (ii) above, Tenant shall submit to Landlord for Landlord's written approval Tenant's proposed sublease agreement (in which the proposed subtenant shall be named) together with a current reviewed or audited financial statement prepared by a certified public accountant for such proposed subtenant and a credit report on such proposed subtenant prepared by a recognized credit reporting agency. If Landlord fails to exercise its option to terminate this Lease, this shall not be construed as or constitute a waiver of any of the provisions of this Section. If Landlord exercises its option to terminate this Lease, Landlord shall not have any liability for any real estate brokerage commission(s) or with respect to any of the costs and expenses that Tenant may have incurred in connection with its proposed subletting, and Tenant agrees to 15 hold Landlord harmless from and against any and all claims (including, without limitation, claims for commissions) arising from such proposed subletting. Landlord's foregoing rights and options shall continue throughout the Term. For purposes of this Section, a proposed assignment of this Lease in whole or in part shall be deemed a proposed subletting of such space. (h) Documentation. No permitted subletting by Tenant shall be effective until there has been delivered to Landlord a counterpart of the sublease in which the subtenant agrees to be and remain jointly and severally liable with Tenant for the payment of Rent pertaining to the sublet space and for the performance of all of the terms and provisions of this Lease; provided, however, that the subtenant shall be liable to Landlord for rent only in the amount set forth in the sublease. No permitted assignment shall be effective unless and until there has been delivered to Landlord a counterpart of the assignment in which the assignee assumes all of Tenant's obligations under this Lease arising on or after the date of the assignment. The failure or refusal of a subtenant or assignee to execute any such instrument shall not release or discharge the subtenant or assignee from its liability as set forth above. (i) No Merger. Without limiting any of the provisions of this Section, if Tenant has entered into any subleases of any portion of the Premises, the voluntary or other surrender of this Lease by Tenant, or a mutual cancellation by Landlord and Tenant, shall not work a merger, and shall, at the option of Landlord, terminate all or any existing subleases or subtenancies or, at the option of Landlord, operate as an assignment to Landlord of any or all such subleases or subtenancies. 26. Default. The occurrence of any of the following shall constitute a default by Tenant under this Lease: (a) Failure to Pay Rent. Failure to pay Rent when due, if the failure continues for a period of three (3) days after notice of such default has been given by Landlord to Tenant. (b) Failure to Comply with Rules and Regulations. Failure to comply with the Rules and Regulations, if the failure continues for a period of twenty-four (24) hours after notice of such default is given by Landlord to Tenant. If the failure to comply cannot reasonably be cured within twenty-four (24) hours, then Tenant shall not be in default under this Lease if Tenant commences to cure the failure to comply within twenty-four (24) hours and diligently and in good faith continues to cure the failure to comply. (c) Other Defaults. Failure to perform any other provision of this Lease, if the failure to perform is not cured within thirty (30) days after notice of such default has been given by Landlord to Tenant. If the default cannot reasonably be cured within thirty (30) days, then Tenant shall not be in default under this Lease if Tenant commences to cure the default within thirty (30) days and diligently and in good faith continues to cure the default. (d) Appointment of Trustee or Receiver. The appointment of a trustee or receiver to take possession of substantially all of the Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within sixty (60) days; or the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty (60) days. 27. Remedies. If Tenant commits a default, Landlord shall have the following alternative remedies, which are in addition to any remedies now or later allowed by law: (a) Maintain Lease in Force. Maintain this Lease in full force and effect and recover the Rent and other monetary charges as they become due, without terminating Tenant's right to possession, irrespective of whether Tenant shall have abandoned the Premises. If Landlord elects to not terminate the Lease, Landlord shall have the right to attempt to re -let the Premises at such rent and upon such conditions and for such a term, and to do all acts necessary to maintain or preserve the Premises as Landlord deems reasonable and necessary without being deemed to have elected to terminate the Lease including removal of all persons and property from the Premises; such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant. In the event any such re -letting occurs, this Lease shall terminate automatically upon the new Tenant taking possession of the Premises. Notwithstanding that Landlord fails to elect to terminate the Lease initially, Landlord at any 16 time during the term of this Lease may elect to terminate this Lease by virtue of such previous default of Tenant. (b) Terminate Lease. Terminate Tenant's right to possession by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's default including without limitation thereto, the following: (i) The worth at the time of award of any unpaid Rent which had been earned at the time of such termination; plus (ii) the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (iii) the worth at the time of award of the amount by which the unpaid Rent for the balance of the Term after the time of award exceeds the amount of such rental loss that is proved could be reasonably avoided; plus (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including without limitation, any costs or expenses incurred by Landlord in (A) retaking possession of the Premises, including reasonable attorney fees therefor, (B) maintaining or preserving the Premises after such default, (C) preparing the Premises for reletting to a new tenant, including repairs or necessary alterations to the Premises for such reletting, (D) leasing commissions incident to reletting to a new tenant, and (E) any other costs necessary or appropriate to relet the Premises; plus (v) at Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable state law. The amounts described in clauses (C) and (D) shall be amortized over the term of the new tenant's lease, and Tenant shall only be liable to Landlord for the portion of such amounts attributable to the period prior to the Expiration Date of this Lease set forth in Section 1. Upon any such re-entry Landlord shall have the right to make any reasonable repairs, alterations or modifications to the Premises, which Landlord in its sole discretion deems reasonable and necessary. As used in Subsection 27(b)(i) the "worth at the time of award" is computed by allowing interest at the rate of fifteen percent (15%) per year from the date of default. As used in Subsections 27(b)(ii) and 27(b)(iii) the "worth at the time of award" is computed by discounting such amounts at the discount rate of eight percent (8%) per year. 28. Bankruptcy. (a) Assumption of Lease. If Tenant becomes a Debtor under Chapter 7 of the Bankruptcy Code ("Code") or a petition for reorganization or adjustment of debts is filed concerning Tenant under Chapters 11 or 13 of the Code, or a proceeding is filed under Chapter 7 of the Code and is transferred to Chapters 11 or 13 of the Code, the Trustee or Tenant, as Debtor and as Debtor -In -Possession, may not elect to assume this Lease unless, at the time of such assumption, the Trustee or Tenant has: (i) Cured all defaults under the Lease and paid all sums due and owing under the Lease or provided Landlord with "Adequate Assurance" (as defined below) that: (i) within ten (10) days from the date of such assumption, the Trustee or Tenant will completely pay all sums due and owing under this Lease and compensate Landlord for any actual pecuniary loss resulting from any existing default or breach of this Lease, including without limitation, Landlord's reasonable costs, expenses, accrued interest, and attorneys' fees incurred as a result of the default or breach; (ii) within twenty (20) days from the date of such assumption, the Trustee or Tenant will cure all non -monetary defaults and breaches under this Lease, or, if the nature of such non -monetary defaults is such that more than twenty (20) days are reasonably required for such cure, that the Trustee or Tenant will commence to cure such non -monetary defaults within twenty (20) days and thereafter diligently prosecute such cure to completion; and (iii) the assumption will be subject to all of the provisions of this Lease. (ii) For purposes of this Section, Landlord and Tenant acknowledge that, in the context of a bankruptcy proceeding involving Tenant, at a minimum, "Adequate Assurance" shall mean: (i) the Trustee or Tenant has and will continue to have sufficient unencumbered assets after the payment of all secured obligations and administrative expenses to assure Landlord that the Trustee or Tenant will have sufficient funds to fulfill the obligations of Tenant under this Lease; (ii) the Bankruptcy Court shall have entered an Order segregating sufficient cash payable to Landlord and/or the Trustee or Tenant shall have granted a valid and perfected first lien and security interest and/or mortgage in or on property of Trustee or Tenant acceptable as to value and kind to Landlord, to secure to Landlord the obligation of the Trustee or Tenant to cure the monetary and/or non -monetary defaults and breaches under this Lease within the time periods 17 set forth above; and (iii) the Trustee or Tenant, at the very minimum, shall deposit a sum equal to two (2) month's Minimum Monthly Rent to be held by Landlord (without any allowance for interest thereon) to secure Tenant's future performance under the Lease. (b) Assignment of Lease. If the Trustee or Tenant has assumed the Lease pursuant to the provisions of this Section for the purpose of assigning Tenant's interest hereunder to any other person or entity, such interest may be assigned only after the Trustee, Tenant or the proposed assignee have complied with all of the terms, covenants and conditions of this Lease, including, without limitation, those with respect to Additional Rent. Landlord and Tenant acknowledge that such terms, covenants and conditions are commercially reasonable in the context of a bankruptcy proceeding of Tenant. Any person or entity to which this Lease is assigned pursuant to the provisions of the Code shall be deemed without further act or deed to have assumed all of the obligations arising under this Lease on and after the date of such assignment. Any such assignee shall upon request execute and deliver to Landlord an instrument confirming such assignment. (c) Adequate Protection. Upon the filing of a petition by or against Tenant under the Code, Tenant, as Debtor and as Debtor -In -Possession, and any Trustee who may be appointed agree to adequately protect Landlord as follows: (i) to perform each and every obligation of Tenant under this Lease until such time as this Lease is either rejected or assumed by Order of the Bankruptcy Court; (ii) to pay all monetary obligations required under this Lease, including without limitation, the payment of Minimum Monthly Rent, Tenant's Share of Real Property Taxes, Tenant's Share of Operating Costs and any other sums payable by Tenant to Landlord under this Lease which is considered reasonable compensation for the use and occupancy of the Premises; (iii) provide Landlord a minimum of thirty (30) days prior written notice, unless a shorter period is agreed to in writing by the parties, of any proceeding relating to any assumption of this Lease or any intent to abandon the Premises, which abandonment shall be deemed a rejection of this Lease; and (iv) to perform to the benefit of Landlord as otherwise required under the Code. The failure of Tenant to comply with the above shall result in an automatic rejection of this Lease. 29. Limitation of Actions. Any claim, demand, right or defense of any kind by Tenant which is based upon or arises in connection with this Lease or the negotiations prior to its execution, shall be barred unless Tenant commences an action thereon, or interposes in a legal proceeding a defense by reason thereof, within three (3) years after the date Tenant actually becomes aware of the act or omission on which such claim, demand, right or defense is based. 30. Signs. Tenant shall not have the right to place, construct or maintain any sign, advertisement, awning, banner or other exterior decoration without Landlord's consent. Any sign that Tenant has Landlord's consent to place, construct and maintain shall comply with all laws, and Tenant shall obtain any approval required by such laws. Landlord makes no representation with respect to Tenant's ability to obtain such approval. Notwithstanding the foregoing, Landlord and Tenant have agreed to allow Tenant the right to install one (1) Exterior sign on the building, pursuant to the Rider attached hereto. 31. Landlord's Right to Enter the Premises. Landlord and its authorized representatives shall have the right to enter the Premises at reasonable times and upon reasonable prior notice (except in an emergency when no such notice shall be required) for any of the following purposes: (i) to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease, (ii) to do any maintenance; to make any restoration to the Premises or the Building that Landlord has the right or the obligation to perform, and to make any improvements to the Premises or the Building that Landlord deems necessary, (iii) to serve, post or keep posted any notices required or allowed under the provisions of this Lease, (iv) to post any ordinary "For Sale" signs at any time during the Term and to post any ordinary "For Lease" signs during the last ninety (90) days of the Term, and (v) to show the Premises to prospective brokers, agents, purchasers, tenants or lenders, at any time during the Term. Landlord shall not be liable in any manner for any inconvenience, annoyance, disturbance, loss of business, nuisance, or other damage arising out of Landlord's entry on the Premises as provided in this Section, except damage resulting from the grossly negligent or willful acts of Landlord or its authorized representatives. Tenant shall not be entitled to an abatement or reduction of Rent if Landlord exercises any right reserved in this Section. Landlord shall conduct its activities on the Premises as allowed in this Section in a reasonable manner so as to cause minimal inconvenience, annoyance or disturbance to Tenant 18 32. Subordination. This Lease is and shall be prior to any mortgage recorded after the date of this Lease affecting the Property. If, however, a lender requires that this Lease be subordinate to any mortgage, this Lease shall be subordinate to that mortgage if Landlord first obtains from the lender a written agreement that provides substantially the following: "As long as Tenant performs its obligations under this Lease, no foreclosure of, deed given in lieu of foreclosure of, or sale under the mortgage, and no steps or procedures taken under the mortgage, shall affect Tenant's rights under this Lease. " Tenant shall attom to any purchaser at any foreclosure sale, or to any grantee or transferee designated in any deed given in lieu of foreclosure. Tenant shall execute the written agreement and any other documents required by the lender to accomplish the purposes of this Section. 33. Right to Estoppel Certificates. Tenant, within ten (10) business days after notice from Landlord, shall execute and deliver to Landlord, in recordable form, a certificate stating that this Lease is unmodified and in full force and effect, or in full force and effect as modified and stating the modifications. The certificate shall also state the amount of Minimum Monthly Rent, the dates to which Rent has been paid in advance, and the amount of any Prepaid Rent or Security Deposit and such other matters as Landlord may reasonably request. Failure to deliver the certificate within such ten (10) business day period shall be conclusive upon Tenant for the benefit of Landlord and any successor to Landlord, that this Lease is in full force and effect and has not been modified except as may be represented by Landlord requesting the certificate. 34. Transfer of Landlord's Interest. If Landlord sells or transfers the Property, Landlord, on consummation of the sale or transfer, shall be released from any liability thereafter accruing under this Lease if Landlord's successor has assumed in writing, for the benefit of Tenant, Landlord's obligations under this Lease. If any Security Deposit or Prepaid Rent has been paid by Tenant, Landlord shall transfer such Security Deposit or Prepaid Rent to Landlord's successor and on such transfer Landlord shall be discharged from any further liability with respect to such Security Deposit or Prepaid Rent. 35. Attorneys' Fees. If either party shall bring any action for relief against the other party, declaratory or otherwise, arising out of this Lease, including any action by Landlord for the recovery of Rent or possession of the Premises, the losing party shall pay the successful party a reasonable sum for attorneys' fees which shall be deemed to have accrued on the commencement of such action and shall be paid whether or not such action is prosecuted to judgment. 36. Surrender; Holding Over. (a) Surrender. On expiration or ten (10) days after termination of the Term, Tenant shall surrender the Premises and all Tenant's improvements and alterations to Landlord broom clean and in good condition. Tenant shall remove all of its trade fixtures and personal property, which personal property specifically includes all cabling installed in the Premises by Tenant (unless Tenant has received consent from Landlord that such cabling may be surrendered with and remain in the Premises), within the time period stated in this Section. Tenant, at its cost, shall perform all restoration made necessary by, and repair any damage to the Premises caused by, the removal of its trade fixtures, personal property and signs to Landlord's reasonable satisfaction within the time period stated in this Section. Landlord may, at its election, retain or dispose of in any manner any of Tenant's trade fixtures or personal property that Tenant does not remove from the Premises on expiration or within ten (10) days after termination of the Term as allowed or required by the provisions of this Lease by giving ten (10) days notice to Tenant. Title to any such trade fixtures and personal property that Landlord elects to retain or dispose of on expiration of such ten (10) day period shall vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of any such trade fixtures and personal property. Tenant shall be liable to Landlord for Landlord's reasonable costs for storing, removing and disposing of Tenant's trade fixtures and personal property. If Tenant fails to surrender the Premises to Landlord on expiration or ten (10) days after termination of the Term as required by this Section, Tenant shall pay Landlord Rent in an amount equal to 150% of the Minimum Monthly Rent applicable for the month immediately prior to the expiration or termination of the Term, or the amount provided by law, whichever is greater, for the entire time Tenant thus remains in possession and Tenant shall be liable for, 19 shall indemnify Landlord against and shall hold Landlord harmless from all damages resulting from Tenant's failure to timely surrender the Premises, including without limitation, (i) any Rent payable by, or any damages claimed by, any prospective tenant of any part or all of the Premises, and (ii) Landlord's damages resulting from such prospective tenant rescinding or refusing to enter into the prospective lease of part or all of the Premises by reason of Tenant's failure to timely surrender the Premises. If Tenant, without Landlord's prior consent, remains in possession of the Premises after expiration or termination of the Term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall be deemed to be a tenancy at sufferance terminable at any time by either party- (b) Holding Over with Landlord's Consent. If Tenant, with Landlord's prior consent, remains in possession of the Premises after expiration or termination of the Term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall be deemed to be a month -to -month tenancy terminable by Landlord by a notice given to Tenant at least twenty (20) days prior to the end of any such monthly period or by Tenant by a notice given to Landlord at least thirty (30) days prior to the end of any such monthly period. During such month -to -month tenancy, Tenant shall pay Rent in the amount then agreed to in writing by Landlord and Tenant. All provisions of this Lease, except those pertaining to term, shall apply to the month -to -month tenancy. 37. Agency Disclosure; Broker. (a) Agency Disclosure. GVA Kidder Mathews hereby discloses that it represents the Landlord and Tenant in this transaction. (b) Broker. Landlord and Tenant each represent to the other that neither is represented by any broker, agent or finder with respect to this Lease in any manner, except the Broker(s). The commission due to the Broker(s) shall be paid by Landlord pursuant to a separate agreement. Each party agrees to indemnify and hold the other parry harmless from and against any and all liability, costs, damages, causes of action or other proceedings instituted by any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of the indemnifying party in any manner whatsoever in connection with this Lease. If Tenant engages a broker, agent or finder to represent Tenant in connection with any renewal of this Lease, then the commission or any fee of such broker, agent or finder shall be paid by Tenant. 38. Interest on Unpaid Rent. In addition to the Late Charge as provided in Section 5(b), Rent not paid when due shall bear interest from the date due until paid at the rate of fifteen percent (15%) per year, or the maximum legal rate of interest, whichever is less. 39. Landlord's Option to Relocate Tenant. Landlord shall have the option at any time to relocate Tenant, upon not less than ninety (90) days advance written notice by Landlord to Tenant, to any floor of the Building in which the. Premises are located so long as the square footage of the Premises leased hereunder is not reduced. Rent shall not be changed because of the relocation of Tenant notwithstanding any increase in the square footage of the Premises to which Tenant is relocated unless the increase in square footage is caused by Tenant's request for additional space. In the event Landlord gives Tenant written notice of the relocation of Tenant after Tenant and Landlord have commenced or completed the approved installation of partitioning or other improvements, Landlord shall furnish Tenant with similar partitioning or other improvements of equal quality in the Premises to which Tenant is relocated. Landlord shall pay expenses associated with relocation of existing telephones, existing.office furniture, and existing equipment. 40. Definitions. As used in this Lease, the following words and phrases, whether or not capitalized, shall have the following meanings: (a) "Additional Rent" means pass-throughs of increases in Operating Costs and Taxes, as defined in this Lease, and other monetary sums to be paid by Tenant to Landlord under the provisions of this Lease. 20 (b) "Alteration" means any addition or change to, or modification of, the Premises made by Tenant, including without limitation, fixtures, but excluding trade fixtures as defined in this Section. (c) "Authorized representatives" means any officer, agent, employee, independent contractor or invitee of either party. (d) "Award" means all compensation, sums or anything of value awarded, paid or received on a total or partial condemnation. (e) "Common Areas" means all areas outside the Premises and within the Building or on the Land that are provided and designated by Landlord from time to time for the general, non-exclusive use of Landlord, Tenant and other tenants of the Building and their authorized representatives, including without limitation, common entrances, lobbies, corridors, stairways and stairwells, elevators, escalators, public restrooms and other public portions of the Building. (f) "Condemnation" means the exercise of any governmental power, whether by legal proceedings or otherwise, by a condemnor and a voluntary sale or transfer by Landlord to any condemnor, either under threat of condemnation or while legal proceedings for condemnation are pending. (g) "Condemnor" means any public or quasi -public authority or entity having the power of condemnation. (h) "Damage" means any injury, deterioration, or loss to a person, property, the Premises or the Building caused by another person's acts or omissions or by Acts of God. Damage includes death. (i) "Damages" means a monetary compensation or indemnity that can be recovered in the courts by any person who has suffered damage to his person, property or rights through another's acts or omissions. 0) "Date of taking" means the date the condemnor has the right to possession of the property being condemned. (k) "Encumbrance" means any mortgage, deed of trust or other written security device or agreement affecting the Premises, and the note or other obligation secured by it, that constitutes security for the payment of a debt or performance of an obligation. (1) "Expiration" means the coming to an end of the time specified in the Lease as its duration, including any extension of the Term. (m) "Force majeure" means strikes, lockouts, labor disputes, shortages of labor or materials, fire or other casualty, Acts of God or any other cause beyond the reasonable control of a party. (n) "Good condition" means the good physical condition of the Premises and each portion of the Premises, including without limitation, all of the Tenant Improvements, Tenant's alterations, Tenant's trade fixtures, Tenant's Personal Property, all as defined in this Section, signs, walls, interior partitions, windows, window coverings, glass, doors, carpeting and resilient flooring, ceiling tiles, plumbing fixtures and lighting fixtures, all of which shall be in conformity with building standard finishes, ordinary wear and tear, damage by fire or other casualty and taking by condemnation excepted. (o) "Hazardous substances" means any industrial waste, toxic waste, chemical contaminant or other substance considered hazardous, toxic or lethal to persons or property or designated as hazardous, toxic or lethal to persons or property under any laws, including without limitation, asbestos material or materials containing asbestos. (p) "Hold harmless" means to defend and indemnify from all liability, losses, penalties, damages as defined in this Section, costs, expenses (including without limitation, attorneys' fees), causes of action, claims or judgments arising out of or related to any damage, as defined in this Section, to any person or property. 21 (q) "Law" means any constitution, statute, ordinance, regulation, rule, resolution, judicial decision, administrative order or other requirement of any federal, state, county, municipal or other governmental agency or authority having jurisdiction over the parties or the Property, or both, in effect either at the time of execution of this Lease or at any time during the Term, including without limitation, any regulation or order of a quasi -official entity or body (e.g., board of fire examiners or public utilities) and any legally effective conditions, covenants or restrictions affecting the Property. (r) "Lender" means the mortgagee, beneficiary, secured party or other holder of an encumbrance, as defined in this Section. (s) "Lien" means a charge imposed on the Premises by someone other than Landlord, by which the Premises are made security for the performance of an act. (t) "Maintenance" means repairs, replacement, repainting and cleaning. (u) "Mortgage" means any deed of trust, mortgage or other written security device or agreement affecting the Premises, and the note or other obligation secured by it, that constitutes security for the payment of a debt or performance of an obligation. (v) "Mortgagee" means the beneficiary under a deed of trust or mortgagee under a mortgage. (w) "Mortgagor" means the grantor or trustor under a deed of trust or mortgagor under a mortgage. (x) "Operating Costs" means all costs of any kind incurred by Landlord in operating, cleaning, equipping, protecting, lighting, repairing, replacing, heating, air-conditioning, maintaining and insuring the Property. Operating Costs shall include, without limitation, the following costs: (i) salaries, wages, bonuses and other compensation (including hospitalization, medical, surgical, retirement plan, pension plan, union dues, life insurance, including group life insurance, welfare and other fringe benefits, and vacation, holidays and other paid absence benefits) relating to employees of Landlord or its agents directly engaged in the operation, repair, or maintenance of the Property; (ii) payroll, social security, workers' compensation, unemployment and similar taxes with respect to such employees of Landlord or its authorized representatives, and the cost of providing disability or other benefits imposed by law or otherwise, with respect to such employees; (iii) uniforms (including the cleaning, replacement and pressing thereof) provided to such employees; (iv) premiums and other charges incurred by Landlord with respect to fire, earthquake, other casualty, all risk, rent loss and liability insurance, any other insurance as is deemed necessary or advisable in the reasonable judgment of Landlord and, after the Base Year, costs of repairing an insured casualty to the extent of the deductible amount under the applicable insurance policy; (v) water charges and sewer rents or fees; (vi) license, permit and inspection fees; (vii) sales, use and excise taxes on goods and services purchased by Landlord in connection with the operation, maintenance or repair of the Property and Building systems and equipment; (viii) telephone, facsimile, messenger, express delivery service, postage, stationery supplies and other expenses incurred in connection with the operation, management, maintenance, or repair of the Property; (ix) property management fees and expenses; (x) repairs to and physical maintenance of the Property, including building systems and appurtenances thereto and normal repair and replacement of worn-out equipment, facilities and installations, but excluding the replacement of major building systems (except to the extent provided in (xvi) and (xvii) below); (xi) janitorial, window cleaning, security, extermination, water treatment, rubbish removal, plumbing and other services and inspection or service contracts for elevator, electrical, HVAC, mechanical and other building equipment and systems or as may otherwise be necessary or proper for the operation or maintenance of the Property; (xii) supplies, tools, materials, and equipment used in connection with the operation, maintenance or repair of the Property; (xiii) accounting, legal and other professional fees and expenses; (xiv) painting the exterior or the public or common areas of the Building and the cost of maintaining the sidewalks, landscaping and other common areas of the Property; (xv) all costs and expenses for electricity, chilled water, air conditioning, water for heating, gas, fuel, steam, heat, lights, power and other energy related utilities required in connection with the operation, maintenance and repair of the Property; (xvi) the cost of any improvements which Landlord elects to capitalize made by Landlord to the Property during the Term in compliance with the requirements of any laws or regulation or insurance requirement with which the Property was not required to comply during the Base Year, as reasonably amortized by Landlord, with interest on the unamortized balance at the rate of twelve percent 22 (12%) per year, or the maximum legal rate of interest, whichever is less; (xvii) the cost of any improvements which Landlord elects to capitalize made by Landlord to the Property during the term of this Lease for the protection of the health and safety of the occupants of the Property or that are intended to reduce other Operating Costs, as reasonably amortized by Landlord, with interest on the unamortized balance at the rate of twelve percent (12%) per year, or the maximum legal rate of interest, whichever is less; (xviii) a reasonable reserve for repair or replacement of equipment used in the maintenance or operation of the Property; (xix) the cost of furniture, draperies, carpeting, landscaping and other customary and ordinary items of personal property (excluding paintings, sculptures and other works of art) provided by Landlord for use in common areas of the Building or in the Building office (to the extent that such Building office is dedicated to the operation and management of the Property), such costs to be amortized over the useful life thereof; (xx) Building office rent or rental value; and (xxi) all other costs which, in accordance with generally sound accounting and management principles used by Landlord, as applied to the maintenance and operation of office and/or retail buildings, are properly chargeable to the operation and maintenance of the Property. Operating Costs shall not include the following: (i) depreciation on the Building; (ii) debt service; (iii) capital improvements, except as otherwise provided in clauses (xvi) and (xvii) above, (iv) rental under any ground or underlying leases; (v) Real Property Taxes, (vi) attorneys' fees and expenses incurred in connection with lease negotiations with prospective tenants, or default or enforcement proceedings with respect to defaulting tenants; (vii) the cost of tenant improvements; (viii) advertising expenses; or (ix) real estate broker's or other leasing commissions. (y) "Parties" means Landlord and Tenant. (z) "Party" means Landlord or Tenant. (aa) "Person" means one or more human beings, or legal entities or other artificial persons, including without limitation, partnerships, corporations, trusts, estates, associations and any combination of human beings and legal entities. (bb) "Property" means the Premises, Building and Land. (cc) "Provision" means any term, agreement, covenant, condition, clause, qualification, restriction, reservation, or other stipulation in the Lease that defines or otherwise controls, establishes, or limits the performance required or permitted by either party. (dd) "Real Property Taxes" means any form of tax, assessment, general assessment, special assessment, lien, levy, bond obligation, license fee, license tax, tax or excise on rent, or any other levy, charge or expense, together with any statutory interest thereon, (individually and collectively, the "Impositions"), now or hereafter imposed or required by any authority having the direct or indirect power to tax, including any federal, state, county or city government or any school, agricultural, lighting, drainage or other improvement or special assessment district thereof, (individually and collectively, the "Governmental Agencies") on any interest of Landlord or Tenant or both (including any legal or equitable interest of Landlord or its mortgagee, if any) in the Premises or the Property, including without limitation: (i) any Impositions upon, allocable to or measured by the area of the Premises or the Property, or the rental payable hereunder, including without limitation, any gross income tax or excise tax levied by any Governmental Agencies with respect to the receipt of such rental; or (ii) any Impositions upon or with respect to the possession, leasing, operation, management, maintenance, alteration, repair or use or occupancy by Tenant of the Premises or any portion thereof; or (iii) any Impositions upon or with respect to the building equipment and personal property used in connection with the operation and maintenance of the Property or upon or with respect to the furniture, fixtures and decorations in the common areas of the Property. (iv) any Impositions upon this Lease or this transaction or any document to which Tenant is a party creating or transferring an interest or an estate in the Premises; or 23 (v) any Impositions by Governmental Agencies (whether or not such Impositions constitute tax receipts) in substitution, partially or totally, of any impositions now or previously included within the definition of real property taxes, including those calculated to increase tax increments to Governmental Agencies and to pay for such services as fire protection, water drainage, street, sidewalk and road maintenance, refuse removal or other governmental services formerly provided without charge to property owners or occupants; or (vi) any and all costs, including without limitation, the fees of attorneys, tax consultants and experts, incurred by Landlord should Landlord elect to negotiate or contest the amount of such real property taxes in formal or informal proceedings before the Governmental Agency imposing such real property taxes; provided, however, that real property taxes shall in no event include Landlord's general income, inheritance, estate, gift or franchise taxes. (ee) "Rent" means Minimum Monthly Rent, as adjusted from time to time under this Lease, Additional Rent, Prepaid Rent, Security Deposit, all as defined in this Section, payments of Tenant's Share of increases in Real Property Taxes and Operating Costs, insurance, utilities and other charges payable by Tenant to Landlord. (ff) "Rentable square feet of space" as to the Premises or the Building, as the case may be, means the number of usable square feet of space times the applicable R/U Ratio(s) as defined in this Section. (gg) "Restoration" means the reconstruction, rebuilding, rehabilitation and repairs that are necessary to return damaged portions of the Premises and the Building to substantially the same physical condition as they were in immediately before the damage. (hh) "R/U Ratio" means the rentable area of a floor of the Building divided by the usable area of such floor, both of which shall be computed in accordance with American National Standard Z65.1-1996 Method of Measuring Floor Space in Office Buildings as published by the Building Owners and Managers Association, as amended from time to time. (ii) "Substantially complete" or "substantially completed" or "substantial completion" means the completion of Landlord's construction obligation, subject to completion or correction of "punch list" items, that is, minor items of incomplete or defective work or materials or mechanical maladjustments that are of such a nature that they do not materially interfere with or impair Tenant's use of the Premises for the Permitted Use. (jj) "Successor" means assignee, transferee, personal representative, heir, or other person or entity succeeding lawfully, and pursuant to the provisions of this Lease, to the rights or obligations of either party. (kk) "Tenant Improvements" means (i) the improvements and alterations set forth in Exhibit C, (ii) window coverings, lighting fixtures, plumbing fixtures, cabinetry and other fixtures installed by either Landlord or Tenant at any time during the Term, and (iii) any improvements and alterations of the Premises made for Tenant by Landlord at any time during the Term. (11) 'Tenant's personal property" means Tenant's equipment, furniture, and movable property (including cabling) placed in the Premises by Tenant. (mm) "Tenant's trade fixtures" means any property attached to the Premises by Tenant. (nn) "Termination" means the ending of the Term for any reason before expiration, as defined in this Section. (oo) "Work" means the construction of any improvements or alterations or the performance of any repairs done by Tenant or caused to be done by Tenant on the Premises as permitted by this Lease. 41. Miscellaneous Provisions. 24 (a) Entire Agreement. This Lease sets forth the entire agreement of the parties as to the subject matter hereof and supersedes all prior discussions and understandings between them. This Lease may not be amended or rescinded in any manner except by an instrument in writing signed by a duly authorized officer or representative of each party hereto. (b) Governing Law. This Lease shall be governed by, and construed and enforced in accordance with, the laws of the State of Washington. (c) Severability. Should any of the provisions of this Lease be found to be invalid, illegal or unenforceable by any court of competent jurisdiction, such provision shall be stricken and the remainder of this Lease shall nonetheless remain in full force and effect unless striking such provision shall materially alter the intention of the parties. Jurisdiction. In the event any action is brought to enforce any of the provisions of this Lease, the parties agree to be subject to exclusive in Aersonam jurisdiction in the Superior Court in and for King County, Washington or in the United States District Court for the Western District of Washington and agree that in any such action venue shall lie exclusively at Seattle or Kent, Washington (d) Waiver. No waiver of any right under this Lease shall be effective unless contained in a writing signed by a duly authorized officer or representative of the party sought to be charged with the waiver and no waiver of any right arising from any breach or failure to perform shall be deemed to be a waiver of any future right or of any other right arising under this Lease. (e) Captions. Section captions contained in this Lease are included for convenience only and form no part of the agreement between the parties. Notices. All notices or requests required or permitted under this Lease shall be in writing and sent by certified mail, return receipt requested, postage prepaid, or by messenger service to the addresses established for notice for both Tenant and Landlord. (f) Binding Effect. Subject to the provisions of Section 25 captioned "Assignment and Subletting", this Lease shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns. No permitted assignment of this Lease or Tenant's rights hereunder shall be effective against Landlord unless and until an executed counterpart of the instrument of assignment shall have been delivered to Landlord and Landlord shall have been furnished with the name and address of the assignee. The term "Tenant" shall be deemed to include the assignee under any such permitted assignment. Effectiveness. This Lease shall not be binding or effective until properly executed and delivered by Landlord and Tenant. (g) Gender and Number. As used in this Lease, the masculine shall include the feminine and neuter, the feminine shall include the masculine and neuter, the neuter shall include the masculine and feminine, the singular shall include the plural and the plural shall include the singular, as the context may require. (h) Time of the Essence. Time is of the essence in the performance of all covenants and conditions in this Lease for which time is a factor. Signatures on following page 25 Dated the date first above written. Landlord: The City of Renton, Washington, a Washington municipal corporation By: Title: Date Title: Date executed: Tenant: Medifacts International, Inc., a Delaware corporation Title: Date executed: By: Title: Date executed: By. Date executed: This Lease has been prepared for submission to you and your attorney. GVA Kidder Mathews is not authorized to give legal or tax advice. Neither Landlord nor GVA Kidder Mathews makes any representations or recommendations as to the legal sufficiency, legal effect or tax consequences of this document or any transaction relating thereto. These are questions for your attorney with whom you should consult before signing the document to determine whether your legal rights are adequately protected. [Notary attached) 26 LEASE TERMINATION AGREEMENT AND RELEASE — SUITE 070 This Lease Termination Agreement and Release ("Agreement") is entered into as of August 31, 2009, by and between The City of Renton, Washington, a Washington municipal corporation ("Landlord"), and Sound Publishing Inc., a Washington corporation ("Tenant"). FACTS A. On or about July 5, 2007, Landlord and Tenant entered into that certain Lease (the "Lease") pursuant to which Landlord agreed to lease certain premises to Tenant commonly known as Suite 070, 200 Mill Avenue South, Renton, Washington (the "Premises"). B. Landlord and Tenant have agreed to terminate the Lease on the terms and conditions set forth below. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Delivery of Possession. Tenant shall deliver possession of the Premises to Landlord on or before September 1, 2009, time being of the essence. At the time Tenant delivers possession of the Premises to Landlord, Tenant shall deliver to Landlord all keys to the Premises, and Tenant shall no longer have the right to possession of the Premises or to have access to the Premises. Prior to the time Tenant delivers possession of the Premises to Landlord, Tenant shall remove all of its personal property from the Premises and shall deliver the Premises to Landlord in good order, repair and condition, reasonable wear and tear excepted. 2. Termination of Lease. The Lease shall be deemed terminated on the later of (a) the date Tenant delivers possession of the Premises to Landlord in the condition described in Section 1 above or September 1, 2009 (the "Termination Date"). Prior to the Termination Date, the Lease shall remain in full force and effect and Tenant shall pay all Base Rent, Additional Rent and other amounts payable by Tenant under the Lease for periods accruing prior to the Termination Date. Tenant's obligation to pay such amounts shall survive the termination of the Lease. 3. Termination Payment. In. consideration for Landlord's agreement to terminate the Lease, Tenant shall pay to Landlord within thirty (30) days of its delivery of this Agreement the sum of $8,415.00 (the "Termination Payment"). The Termination Payment is to cover all other amounts payable by Tenant under the Lease prior to the Termination Date. Landlord and Tenant will apply Tenant's existing Security Deposit toward this Termination Payment. 4. Indemnity. Notwithstanding the termination of the Lease and Section 7 below, Tenant shall indemnify, defend and hold harmless Landlord from all demands, expenses, claims, losses, causes of action and damages or suits of any nature whatsoever which arise out of the acts or omissions of Tenant prior to the termination of the Lease which were Tenant's responsibility under the Lease. 5. No Subtenancies. Tenant represents and warrants that Tenant has not subleased all or any portion of the Premises to any person or entity and that Tenant has not assigned the Lease. 6. Release of Landlord. As of the Termination Date, Tenant, for itself and for its affiliated corporations, limited liability companies and partnerships, officers, directors, shareholders, agents, representatives, employees, attorneys, shareholders, successors in interest, personal representatives, heirs, assigns and each of them, absolutely, fully and forever releases and discharges Landlord and Landlord's property manager and their respective members, officers, partners, agents, representatives, employees, servants, attorneys, successors in interest, assigns and each of them, whether past, present or future, of and from any and all claims, demands, liabilities, obligations, losses, controversies, costs, expenses, attorneys' fees and damages of every kind, nature, character or description whatsoever, whether in law or in equity, and whether known or unknown, suspected or unsuspected, arising out of, connected with, or in any way related to the Lease or Tenant's occupation of the Premises. 7. Release of Tenant. Subject to the performance by Tenant of all of its obligations under this Agreement (none of which are released by this section), as of the Termination Date, Landlord, for itself and for its affiliated corporations, limited liability companies and partnerships, members, officers, agents, representatives, employees, attorneys, shareholders, successors in interest, personal representatives, heirs, assigns and each of them, absolutely, fully and forever releases and discharges Tenant and its officers, directors, shareholders, agents, representatives, employees, servants, attorneys, successors in interest, assigns and each of them, whether past, present or future, of and from any and all claims, demands, liabilities, obligations, losses, controversies, costs, expenses, attorneys' fees and damages of every kind, nature, character or description whatsoever, whether in law or in equity, and whether known or unknown, suspected or unsuspected, arising out of, connected with, or in any way related to theLease and Tenant's occupation of the Premises. 8. General. The persons executing this Agreement on behalf of the parties hereto represent and warrant that they have the authority to execute this Agreement on behalf of said parties and that said parties have authority to enter into this Agreement. Landlord's obligations under this Agreement are conditioned and contingent upon the performance by Tenant of all of its obligations under this Agreement. This condition is for the sole benefit of Landlord and may be waived by Landlord at any time upon written notice to Tenant. Landlord and Tenant acknowledge that they have received independent legal advice from their attorneys with respect to the advisability of executing this Agreement. If a party files a legal action to enforce this Agreement, the prevailing party in such action shall be entitled to recover all of its attorneys' fees and costs. This Agreement contains the entire agreement between the parties and may only be modified or amended by a writing signed by all parties. This Agreement is entered into and shall be construed and interpreted in accordance with the laws of the State of Washington. The parties hereto represent and warrant that they have not transferred or otherwise assigned, either by contract or operation of law, any of the claims released under this Agreement. Preparation of this Agreement by Landlord or Landlord's agent and submission of same to Tenant shall not be deemed an offer by Landlord to enter into this Agreement. This Agreement shall become binding upon Landlord only when fully executed by all parties and when Landlord has delivered a fully executed copy of this Agreement to Tenant. 9. Counterparts. This Agreement may be executed in one or more counterparts, which shall be deemed effective upon full execution of this Agreement by all parties. Each counterpart shall be deemed an original, but all of which together shall constitute one and the same instrument and agreement. IN WITNESS WHEREOF, the parties hereby execute this Agreement. LANDLORD: The City of Renton, Washington, a Washington municipal corporation By: TENANT*: Sound Publishing Inc., a Washington corporation By: 2 STATE OF ) ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the {title) of (entity) I a to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Witness my hand and official seal this day Notary Public (Print Name) Residing at My Commission Expires: STATE OF ) ) ss. COUNTY OF ) 20 I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the (title) of (entity) a to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Witness my hand and official seal this day 20 Notary Public (Print Name) Residing at My Commission Expires: 3 CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board.. Community Services/Facilities Staff Contact...... Michael Nolan, x6608 Subject: Final Pay Estimate City Hall HR Remodel Straightline Construction & Remodeling, LLC File No. CAG-08-132 Exhibits: Final Pay Estimate (No. 6) Notice of Completion of Public Works Contract Recommended Action: Council concur fu #: 7 C. For Agenda of. September 21, 2009 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution ............ Old Business........ New Business..... Study Sessions.... Information......... Approvals: Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... $23,048.54 Transfer/Amendment...... Amount Budgeted....... Revenue Generated........ Total Project Budget City Share Total Project.. X SUMMARY OF ACTION: The Community Services Department submits CAG-08-132, City Hall HR Remodel, for final pay estimate and release of retainage. The project started on 11/26/08 and achieved substantial completion on 2/6/09. The contractor, Straightline Construction fulfilled the terms of their contract by remodeling the former Finance Department suite to accommodate the Human Resources Department, including the construction of a new Training Room. STAFF RECOMMENDATION: Approve the City Hall HR Remodel project, authorize final pay estimate in the amount of $23,048.54, commencement of the 60-day lien period, and release of the retained amount of $10,271.50 to Straightline Construction, contractor, once all required releases are obtained. (Final payment to Straightline is contingent on first satisfying any outstanding claims by the Washington State Department of Labor & Industries, the Washington State Department of Revenue, and any liens by subcontractors or suppliers.) Rentonnet/agnbill/ bh sTAr��n State of Washington Reg.No.: o Department of Revenue ' x Audit Procedures & Administration Date:_ PO Box 47474 �'t 1889 LSO Olympia, Washington 98504-7474 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: DEPARTMENT USE ONLY City of Renton Assigned To 1055 South Grady Way Renton, WA 98056-2132 Date Assigned Notice is hereby given relative to the completion of contract or project described below. Description of Contract City Hall HR Remodel Contractor's Name Straightline Construction and Remodeling, LLC Phone No. 425-443-3491 Contractor's Address '17806 Snohomish Ave, Snohomish, WA 98296 Date Work Commenced 11 /26/08 Date Work Completed 2/6/09 Date Work Accepted 9/14/09 Surety or Bonding Co. Western Surety Company Agent's Address P.O. Box 3018, Bothell, WA 98041 Contract Amount: Additions or Reductions: Sales Tax: Total $ 124,000.00 $ 81,430.09 $ 18,598.99 $ $224,029.08 LIM Phone No: Amount Disbursed: $ 213,757.58 Amount Retained: $ 10,271.50 Total: $ $224,029.08 (Disbursing Officer) The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, Olympia, Washington 98504- 7474, immediately after acceptance of the work done under this contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until receipt of Department's certificate, and then only in accordance with said certificate. Notice of Completion HR Remodel.doc APPLICATION AND CERTIFICATE FOR PAYMENT Ci!y of Renton TO OWNER: PROJECT: APPLICATION NO.: S Distribution to: Ci�t�y►ofRenton HR Remodel OWNER 1035 South Grady Way Renton City Hail PERIOD TO: 8/29/2009 ARCHITECT Renton, WA 93057 loss S. Grady Way CONTRACTOR PROJECT NO.: CAG-08-132 FROM CONTRACTOR: VIA ARCHITECT : Straigbtline Construction Heery international 17806 Snohomish Ave 1101 Western Ave. Snohomish, WA 98296 Seattle, WA CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for payment, as shown below, in connection with the Contract. Cantinuadon Sheet is attached. 1. ORIGINAL CONTRACT SUM (without tax) ......,,,...„....,. S 124,000.00 2. Net change by Change Orden (without fax) ................ S 81,430.09 3. CONTRACT SUM TO DATE (without sac) ...................... S 205.430.09 (Line 1 + or - Line 2) 4, TOTAL COMPLETED A STORED TO DATE (Wo ttnt) ... $ 205,430.09 5, RETAINAOE AT 5%............................................... (Based on line 4) 6. TOTAL EARNED LESS RETAINAGE .......................... (Line 4 I= Line 5) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT„.. (Line 6 fmmpriorCertificate) 8. SUBTOTAL ............................................................... (Line 6 less Line 7) 9. Washington Stela, Said* Tax at 2.6%................ (Band on line 4 leas prior certificate's line 4) 10. CURRENT PAYMENT DUE ........................................ (Line 8 plus Line 9) 11. BALANCE TO FINISH, INCLUDING RETAINAOE...... (Line 3 less Line 6) CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Change Orders approved in revioua months by owner $ 59 474.07 $ - .O: a approveA this month S (43.98) $ 22,000.00 $ - Number Data Approved 4 5 4122/2009 8/20009 TOTALS S 81430.09 Net c an s Cane Orders I S 81 430.09 $ 10,271.50 The undersigned Contractor ocriifics that to the best of the Contractor's knowledge, intbr- mation and belief the Work covered by this Applicat' e m eted S 195,158.59 in accordance with the Contract Documents, that all aunts have been pe yInc Contractor for Work for which previous Certificates r Payment weABehta�elkinent S 174,705.37 received from the Owner, and that current payments vm hereieg4lMv�frdM�oNlbw" S 20,953.22 4+ICllE ti • wt1N4 • CONTRACTOR ::. /L B -.--� - te:- S 2.09532 State of: Washington, County of, King I S 23,048,54 Subacrib�and sworn to befpro a .10c Gt_.te- �-�:]'t (l this day of i �IA9 S 10,271.50 Not P}t�blia:• w My Commrsairon ARCHITECT'S CERTIFICATE FOR PAYMENT In accordance with the Conttact Documents, based on on -site observedons and the data comprising the above application, the Architect certifies to the Owner that to the best of the Architect's knowledge, information and boliaf the Work has progressed as indicated, the quality ofthe Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED. w rn 0 a N J A v AMOUNTCERTIFIED..._ .... ............... 4.... ..-.... ....... ........ (Apach awl napax trafflowid N Sri frow ARCHTTB mnorrt! fedforj lnn�� i3 Date: 09.M. O This Certificate is not gotiabl . The AMOUNT CERTIFIED is payable only to the Contractor named herein, issuance, payment and acceptance of payment e to any rights of the Owner or Contractor under this Contract. iv Ne4ry ttibNo • • . � ' • ' . Mtali Of•Wa1tMt41r1► :• • � . JACM i_ItIMi. . .. sidle = itttlpisre'OCI 1f; lbl� • . 0 [Aepalsil"t of State of Washington vweyenue Department of Revenue um bin±atoa 51410 Registration Number 602 651 883 . NOTICE AND ORDER TO WITHHOLD AND DELIVER (Continuing Levy) o: CITY OF RENTON ATTN: MIKE NOLAN 1055 S. GRADY WAY RENTON WA 98057 County Cause Number Warrant Number Date of Judgment Judgment Amount Amount Due KING 09-244778-7SEA 111245A 04 06 2009 $26,362.47 $18,938.85 You are hereby notified that there is now due, owing and un atP •d, to tote State of Washington from the taxpayer whose name appears below, the sum of TOTAL AMOUNT DUE $ 18,938.85 You are required to answer the undersigned Revenue Agent at the office address listed below, within TWENTY S- (20) DAYof the date you receive this Notice. You must state, in writing and under oath, in what amount you are or will become indebted to the below named taxpayer and what funds, pproperty, or effects of this taxpayer you may have in your possession and you must immediately deliver such }unds or property to the same Revenue Agent or furnish abbond satisfactory to the ,partmen of Revenue until final liability is determined. i nis notice shall remain in effect until the Department issues an official, written release. Due to the nature of the debt, additional interest may accrue causing the total due to. increase. Checks or money orders should be made payable to "Department of Revenue, State of Washington." Date of service means this levy is in effect as of the date it is personally served or date of receipt via certified mail. ailure to comply with the requirements of this Notice within the prescribed time is unlawful and you may be held .able for the full amount due, together with costs, if judgment by default is rendered against you by the court. (RCW 2.32.235) EE SPECIFIC INSTRUCTIONS ON THE REVERSE FOR: Financial Institutions; Emplok ers; of Ofher Persons or Entities. In The Matter Of The Tax Judgment Against: tEPAR�474ENT OF REVENUE Signature l STRAIGHTLINE CONSTRUCTION & REMODELING LLC (Issuing Agent) PO BOX 1870 By WOODINVILLE. WA 98072 (serving Agent if other than above) Date of Personal Service Date of Certified Mailing STATE OF WASHINGTON DEPARTMENT OF REVENUE Contact: JASON HOFMANN " F —AND ALL FUNDS, EXCLUDING RETAINAGE 1 _)S, TO BE PAID TO RICK BROWN AND/OR Address: 19800 North Creek Pkwy STE 101 STRIAGHTLINE CONSTRUCTION FEIN:205624793 PO BOX 1619 Bothell WA 98041 1619. Phone: 425 489-1755 THE FEDERAL RESTRICTIONS ON MAXIMUM ALLOWABLE GARNISHMENT (LEVY) DO NOT APPLY TO THIS ACTION [15 U-SCS = 1673 (b)(1)(c)] EXCERPT FROM REVISED CODE OF WASHINGTON, 82.32.235 "...the department is hereby authorized to issue to any person, or to any political subdivision or department of the state, a notice and order to withhold and deliver property of any kind whatsoever .when there is reason to believe that there is in the possession of such person, political subdivision or department, property which is or shall become due, owing or belonging to any taxpayer against whom a warrant has been filed." FINANCIAL INSTITUTIONS: 1. This Notice requires your institution to withhold funds on depositor in possession at the time of legal service for all accounts or property in any branch, whether savings or checking or contract collection, personal or business including safe deposit boxes and certificates of time deposit which may be held in the taxpayer's name or the name of the business or the name of the spouse or partner(s) including any spouse whose name is shown on this Notice as John or Jane Doe. ?. This Notice allows a maximum of TWENTY (20) DAYS for receipt of a written, notarized answer. Delivery of any funds o: property held should accompany the answer. 3. Due to the difficulties of monitoring activities in depositor accounts, the Department expects that future deposits will not be subject to attachment by the Notice, however other Notices may be served to attach future deposits. Payments received in the course of the institution acting as a contract collection agent, however, will be subject to a continuing attachment by this notice until such time as he debt is extinguished or the contract collection is completed. 1. When the remittance, satisfactory answer, or final remittance (in the case of a continuing lien) is received, the Department will issue an official written release. ?MPLOYERS: This.Notice requires you to immediately cease paying wages or other payments whatsoever to the taxpayer or spouse unless otherwise instructed by the Department of Revenue. You must provide a written answer to the Department within TWENTY (20) DAYS of the date of service of this Notice. However, because a pay day may occur shortly, the written answer should be provided immediately. In this way, you will be informed by the Department as to the specific amount of the wage attachment due to a subsequent negotiation with the taxpayer. If installment payments are agreed upon, the final remittance will include additional interest not stated on this form. )THER PERSON OR ENTITIES: Any funds due the taxpayer from you of property of the taxpayer that you hold must be remitted to the Department or Revenue. .. In every case, written anwer to the Notice. must be made within TWENTY (20) DAYS of the date of service of this Notice to avoid the potentiA of judgment by default which would make you liable for the full amount due plus costs. )uestions about this notice should be directed to the issuing agent at the office address shown on the front. All funds or property hould be delivered to this same office and not to any other office of the Department of Ripvenue. CITY OF RENTON COUNCIL AGENDA BILL Al #: to Submitting Data: For Agenda of: September 21,2009 Dept/Div/Board.. Executive Staff Contact...... Marty Wine, Asst. CAO Agenda Status x6526 Consent .............. X Subject: Public Hearing.. X Initiative 1033 concerning State, County and City Correspondence.. Revenue Ordinance ............. Resolution............ Old Business........ New Business....... Exhibits: Text of Initiative 1033 Study Sessions...... Washington State Office of Financial Management Information......... Fiscal Impact Statement Resolutions Recommended Action: Approvals: Council concur Legal Dept......... X Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... Amount Budgeted....... Total Project Budget Transfer/Amendment....... Revenue Generated......... City Share Total Project.. SUMMARY OF ACTION: Initiative 1033, Concerning State, County and City Revenue is a state-wide measure that has been certified for the November 2009 ballot. This initiative would place broad annual limits on the growth of state, county and city general fund revenues received from taxes, fees, and other charges not expressly approved by the voters. Revenues above the limit would be rebated through property tax reductions. Using 2009 as the base year, Initiative 1033 would limit the rate of growth in deposits to a jurisdiction's general fund to no more than the sum of the jurisdiction's population growth for that year and the national rate of CPI (consumer price inflation). The initiative excludes new voter -approved revenue from the growth limit. The Office of Financial Management (OFM) has estimated the fiscal impact of this initiative to be at least an $8.1 billion loss to the State general fund, $3.0 billion to city general funds, and $.09 billion to county general funds. RCW 42.17.130(1) provides that if the City Council is to take action to support or oppose the measure, action may be taken at an open public meeting by members of the elected legislative body so long as the notice includes the title and number of the ballot proposition, and "members of the legislative body ... or members of the public are afforded an approximately equal opportunity for the expression of an opposing view." STAFF RECOMMENDATION: Set a public meeting date of September 28, 2009 to consider Initiative 1033, solicit public comment, and consider a position supporting or opposing the measure. Renton net/agnb!II/ bh 0 Initiative Measure No. 1033 'Filed JAN as 2oas WRETARy OF STATE COMPLETE TEXT AN ACT Relating to protecting taxpayersby limiting the tax burden on. Washington's citizens; adding a new section to chapter 43.135 RCW, amending RCW 84.52.065; adding new sections to chapter 36.33 RCW; adding new sections to 'Title 35 RCW; adding new sections to Title 35A RCW; amending RCW 84.52.043; amending RCW 84.55.010; and creating new sections. BE IT ENACTED BY THE. PEOPLE OF THE STATE OF WASHINGTON.: POLICIES AND PURPOSES NEW SECTION. Sec. 1. This measure is intended to protect taxpayers by reducing our s.ta.te's obscene and unsustainable property tax burden by controlling the growth of government to an affordable level. It is long overdue. This measure would limit the growth rate of state, county, and city general fund revenue, not including new voter -approved revenue, to inflation and population growth. Excess revenue collected above these limits would be used to reduce property taxes. This measure permits the growth of Washington's tax burden to increase at an affordable, sustainable rate,, allows citizens to vote for higher taxes where they see a need, and uses excess revenues above this limit to reduce property taxes. Intent of sections 2(.7), 4(7), 6(7) and 8(7): Voter -approved increases in revenue are exempt from this measure's revenue limit. This includes binding votes of the people and does not include a revenue increase approved by an advisory vote. The language of this. Code Rev/JM:6eg1 (08/16/20021 I-163041/03 act is clearly intended to ensure that voter approval of a property tax levy lid lift only exempts the additional increase in property tax revenue and not the base levy. Intent of sections 2(8)., 4(8), 6(8) and 8(8): In order to ensure affordability, sustainability, and predictability of the people's tax burden, the rate of growth of general fund revenue, not including new voter -approved revenue, shall not exceed inflation and population growth. The general fund revenue limit for 2010 will be the revenue collected.and received in 2009, adjusted for inflation for.200.9 and population growth using determinations by the office of financial management in 2009 and 2010 (new voter -approved revenues are exempt). The general fund revenue limit in 2011 will be the general fund revenues received in 2010 that do not exceed the limit for 2010, adjusted for inflation and population growth using determinations by the office of financial management in 2010 and 2011 (new voter -approved revenues are exempt). The people want the revenue limit for any year to be the previous year's general fund revenue plus an adjustment for that year's inflation and population. growth. This will ensure that the rate of growth of our tax burden does not exceed the taxpayers' ability to afford it. Intent concerning inflation and population growth: This measure. limits state, county, and city general fund revenue increases, not including new voter -approved increases, to inflation and population growth. The office of financial management reports the bureau of economic analysis' calculation for annual inflation on March 27 following each calendar year; this measure uses that calculation to define inflation. The office of financial management annually develops and tracks populations for the state, counties, and cities and generally reports its determinations each year on June 30. It is an extensive, detailed and long-standing demographic program. This measure defines population growth as the percentage change in population based on those determinations made in the current year Code Rev/JM:seg2 t08/16/20021 I-1630.1/03 and the previous year; this measure uses those calculations to define population growth. Intent of section 11: Property tax increases are currently limited to one percent per year. This measure makes no change to the calculation of that limit. Instead, it requires a reduction in property taxes when general fund revenues exceed the revenue limit. Intent related to reserve accounts: This measure exempts fund transfers in and out of the constitutionally required rainy day fund for the state. in regard to cities and .counties, this measure makes no change to the ability of any city or county to use existing and future reserve funds to supplement their general fund revenue when .revenue is .below their revenue limit. During these tough economic times, struggling working families and fixed -income senior citizens desperately need and deserve meaningful property tax relief. Property taxes have skyrocketed -for. decades and politicians have done nothing to address this very real problem. This measure also provides a much -needed economic stimulus to our state',s struggling economy by keeping our tax burden at an affordable, sustainable level and by reducing our state's.:crushing property tax burden. So, this measure ensures meaningful tax relief, a big boost to our state's economy, and long -overdue reform of government. It is a smart, balanced, reasonable solution to our state's property tax problem. LIMITING THE TAX BURDEN OF 1+0ASHINGTON'S.CITIZENS BY LIMITING THE GROWTH OF STATE GOVERNMENT'S GENERAL FUND REVENUE, NOT INCLUDING NEW VOTER -APPROVED REVENUE, TO INFLATION AND POPULATION GROWTH. EXCESS REVENUE ABOVE THIS LIKIT.WOULD BE USED TO REDUCE PROPERTY TAXES IMPOSED BY STATE GOVERNMENT NEW SECTION. Sec. 2. Anew section is added to chapter 43.135 RCW to read as follows: (1) The growth rate of state government general fund revenue, not including new voter -approved revenue,. must be limited to. inflation and population growth. As provided in subsection (8) of this Code Rev/JM:seg3 [08/16/20021 I-1630.1/03 section, any revenues received above this limit must be deposited into a new account hereby created called the "Lower State Property Taxes Account." All revenues received during a year which are deposited in this account must be used to reduce the subsequent year's state property tax levy as provided in section 3 of this act. (2) For purposes of this section, "general fund revenue means the aggregate of revenue from taxes, fees, and other governmental charges received by state government that are deposited in any fund subject to the state expenditure limit under RCW 43.135,025. "General fund revenue" does not include the funds required to be transferred into the fund created under Article 7, Section 12 of the state constitution and does not include funds transferred from that fund. "General fund revenue" does not include revenue received from the federal government. (3) For the purposes of this section, "inflation" means the annual percentage change in the implicit price deflator for the United States as published on or about March 27 following each calendar year by the bureau of economic analysis and reported by the office of financial management. (4) For purposes of this section, "population growth" means the percentage change in the statewide population based on the annual statewide population determinations reported by the office of financial management during the prior calendar year and the current calendar year. (5) If the cost of any state program or function is shifted from the state general fund or any fund subject to the state expenditure limit under RCW 43.135.025, on or after January 1, 2009, to another source of funding, or if revenue is ,transferred from the state general fund or any fund subject to the state expenditure limit under RCW 43.135.025 to another fund or account, the limit required by this section shall apply to the aggregate of funds subject to the state expenditure limit under RCW 43.135.025, plus the shifted and/or transferred revenue for that year and all subsequent years. (6) If the cost of any state program or function and the revenue to fund the program or function.are shifted to the state general fund or any fund subject to the state expenditure limit under RCW Code Rev/JM:seg4 [08/16/2.0021 I-1630.1/03 43.135.025, on or after January 1, 2009, the limit required by this sect:ion.shall apply to the aggregate of funds subject to the state expenditure limit under RCW 43.135.025, including the shifted revenue for that year and all subsequent years. (7) For the purposes of this section, "new voter -approved revenue" is defined as the increase in revenue approved by the state's voters at.an election after the effective date of this act. (8) The limit established in subsection (1.) of this section. must be implemented as follows: (a) :For the first calendar year beginning after the effective date.of this act, the general fund revenue, not. including new voter - approved revenue., received above the amount received in 2009 adjusted by any amount necessary to reflect inflation for the 2009 calendar year. -and population growth, must be deposited in the "Lower State Property Taxes Account." (b) For subsequent years, the general fund revenue, not including new voter -approved revenue, received above the amount received in the immediately prior calendar year, less any deposits into the "Lower State Property Taxes Account," adjusted by any amount. necessary to reflect inflation for the immediately prior calendar year and population growth, must be deposited in the "Lower State .Property Taxes Account." See. 3. RCW 84.52.065 and 1991 sp.s. c 31 s 1.6 are each amended to read as follows: (1 Subject to the limitations in RCW 84.5.5.010, in each year the state shall levy for collection in the following year for the .support of common schools of the state a tax of three dollars and sixty cents per thousand dollars of assessed value,upon the assessed valuation of all taxable property within the state adjusted to the state equalized value in accordance with the indicated ratio fixed,by the state department of revenue. (2) The state yroperty tax levy must be reduced from the amount that could otherwise be levied under subsection (1) of this section by an amount equal to the cross deposits to the "Lower State Property Taxes Account" established in section 2-of this act from the previous year. Code Rev/JM:seg5 [08/16/20021 I-1630.1/03 (3) The balance of the "Lower State Property Taxes Account" must be transferred each year to the general fund to account for the reduction of the levy as provided in subsection (2) of this section. As used in this section, "the support of common schools" includes the payment of the principal and interest on bonds issued for capital construction projects for the common schools. LIMITING THE TAX BURDEN OF WASHINGTON'S CITIZENS BY LIMITING THE GROWTH OF EACH COUNTY'S GENERAL FUND REVENUE, NOT INCLUDING .NEW VOTER -APPROVED REVENUE, TO INFLATION AND POPULATION GROWTH - EXCESS REVENUE ABOVE THIS LIMIT WOULD BE USED TO REDUCE PROPERTY TAXES IMPOSED BY EACH COUNTY .NEW SECTION. Sec. 4. A new section is added to chapter 36.33 RCW to read as follows: (1) The growth rate of each county government`s general fund revenue, not including new voter -approved revenue, must be limited to inflation and population growth. As. provided in subsection (6) of this section, each county must deposit revenues received above this limit in a new account created by the county called the "Lower County Property Taxes Account." All revenues received during a year which are deposited in.this account must be used to reduce the subsequent year's county property tax levy by the amount of gross deposits in the account. (2.) For purposes of this section, "general fund revenue" means the aggregate of revenue from taxes, fees, and other governmental charges received by the county that are deposited in the county's, current expense fund. (3) For the purposes of this section., "inflation" means the annual. percentage change in the implicit price deflator for the United States as published on or about March.27 following each calendar year by the bureau of economic analysis and reported by the office of financial management. (4) For purposes of.this section, "population growth" means the percentage change in the countywide population based on the annual countywide population determinations reported by the office of financial management during the prior calendar year and the current calendar year. Code Rev/JM:seg6 106/16/20021 I-1630.1/03 (5) If the cost of any county program or function is shifted from the county'.s current expense fund.on or.after January 1, 2009, to another source of funding, or if revenue is transferred from the county's current expense fund to another fund or account, the limit required by this section shall apply to the aggregate of the county's current expense fund plus the shifted and/or transferred: revenue for that year and all subsequent years. (6) if the cost of any county program or function and.the revenue to fund the program or'function are shifted to the county's current expense fund on or after January 1, 2009, the limit required by this section shall apply to the aggregate of the:county general fund including the shifted revenue f.or that year and .all subsequent years. (7) For the purposes of this section, "new voter -approved revenue" is defined as. the increase in.revenue approved'by the county'a.voters at an election after the effective date ofthis. act.. {$} The limit established in subsection (1) of this section must be implemented as follows.- (a.). For the first calendar .Year beginning after the effective date of this act, the general fund.revenue,. not including new voter- approved..revenue, received above the amount received in 2009 adjusted by any amount necessary to reflect inflation for the 2009 calendar year and population growth, must be deposited in the "Lower County Property Taxes Account.." (b) For subsequent years, the general fund revenue, not. including new voter -approved revenue, received above the amount. received in the immediately prior calendar year, less any deposits into the "Lower County Property Taxes Account," adjusted by an amount necessary to reflect inflation for the immediately prior calendar year and population growth, must.be deposited in the "Lower County Property Taxes Account:.' NEW SECTION. Sec. 5. A new section is added.to chapter 36.33 RCW to read as follows: Any county's property tax levy shall be reduced from the amount that could otherwise. be levied under RCW 84;52.043 of this section by. Code Rev/JM:seg7 [08/16/20021 I-1630.1/03 an amount equal to the previous year's gross deposits to that county's "Lower County Property Taxes Account" established in section 4 of this act. LIMITING THE TAX BURDEN OF WASHINGTON'S CITIZENS BY LIMITING THIS GROWTH OF EACH CITY'S GENERAL FUND REVENUE, NOT INCLUDING NEW VOTER - APPROVED REVENUE, TO INFLATION AND POPULATION GROWTH.. EXCESS REVENUE ABOVE THIS LIMIT WOULD BE USED TO REDUCE PROPERTY TAXES IMPOSED BY EACH CITY NEW SECTION. Sec. 6. A new section is added to Title 35 RCW to read as follows: (1) The growth rate of each city government's general fund revenue, not including new voter -approved revenue, must.be limited.to inflation and population growth. As provided in subsection (8) of this section, each city must deposit revenues received above this limit in.a new account created by the city called the "Lower City Property Taxes Account." All revenues received during a.year which are deposited in this account must be used to reduce the subsequent year's city property tax.levy by the amount of gross deposits in the account. (2) For purposes of this section, "general fund revenue" means the aggregate of revenue from taxes, fees., and other governmental charges received by the -city that are deposited in the city's current expense. fund.. (3) For the purposes of this section, "inflation" means the annual percentage change in the implicit price deflator for the United States as published on or about March 27 following each calendar year by the bureau of economic analysis and reported by the office of financial management. (4) For purposes of this section, ,populat-ion growth" means the percentage change in the city wide population based on the annual city wide population determinations reported by the office of financial management during the prior calendar year and the current calendar,year. (5) If the cost of any city program or function is shifted from the city's current expense fund on or after January 1, 2009, to another source of funding., or if revenue is transferred from the Code Rev,/JI4:seg8 [08/16/2.002) I-1630:1/03 city's current expense fund to another fund or account, the limit required by this section shall apply to the aggregate of the city's current expense fund plus the shifted and/or transferred revenue for that year and all subsequent years. (6) If the cost of any city program or function and the revenue to fund the program or function are shifted to the city's current expense fund on or after January 1, 2009, the limit required by this section shall apply to the aggregate of the city's current expense fund including the shifted revenue for that year and all subsequent years. (7) For the purposes of this section, "new voter -approved revenue" is defined as the increase in revenue approved by the city's voters at an election after the effective date of this act. (8) The limit established in subsection (1) of this section must be implemented as follows: (a) For the first calendar year beginning after the effective date of this act, the general fund revenue, not including new voter - approved revenue, received above the amount received in 2009 adjusted by an amount necessary to reflect inflation for the 2009 calendar year and population growth, must be deposited in the "Lower City Property Taxes Account." (b) For subsequent years, the general fund revenue, not including new voter -approved revenue, received above the amount received in the immediately prior calendar year, less any deposits into the "Lower City Property Taxes Account," adjusted by an amount necessary to reflect inflation for the immediately prior calendar year and population growth, must be deposited in the "Lower City Property Taxes Account." NEW SECTION. Sec. 7. A new section is added to Title 35 RCW to read as follows: Any city's property tax levy must be reduced from the amount that could otherwise be levied under RCW 84.52.043 of this section by an amount equal to the gross deposits to that city's "Lower City Property Taxes Account" established in section 6 of this act from the previous year. Code Rev/JM:seg9 [O8/16/20021 I-1630.1/03 NEW SECTION. sec. S. A new section is added to Title 35A RCW to read as follows: (1) The growth rate of each city government's general fund revenue, not including new voter -approved revenue, must be limited to. inflation and population growth. As provided in subsection (8) of this section; each city must deposit revenues received above this limit in a new account created by the city called the "Lower City. Property Taxes Account." A1.1 revenues received. during a year which are deposited in this account must be used to reduce the subsequent year's city property tax levy by the amount of gross deposits in the account. (2) For purposes of this section, "general fund revenue" means the aggregate of.revenue from taxes, fees, and other governmental charges received by the city that are deposited in the city's current expense fund. (3) For the purposes of this section, "inflation" means the annual. percentage change in the implicit price deflator for the. United'States as published on or about March 27 following each calendar year by the bureau of economic analysis and reported by the office of financial management.. (4) For purposes of this.section, "population growth," means the percentage Change in the city wide population based on the annual city wide population determinations reported by the office of financial management during the prior calendar year and the current calendar year. (5) If the cost of any city program or function is shifted from the city's current expense fund on or after January 1, 2009, to another source of funding, or if revenue is transferred from the city's current: expense fund to another fund or account, the limit required by this section shall apply to the aggregate of the city's current expense fund plus the shifted and/or transferred revenue for that year and all subsequent years. (6) If the cost of any city program or function and .the revenue to fund the program or function are shifted to the city's current expense fund on or after January 1, 2009, the limit required by this Code Rev./JM:seg10 [08/16/20021 1-1630.1/03 section shall apply to the aggregate of the city's current expense fund including the shifted revenue for that year and all subsequent years. (1) For the purposes of this section, "new voter -approved revenue" is defined..as the increase in revenue_ approved by the city's voters at an election after the effective date: of this act. (8) The limit established in subsection (1) o.f this section must be implemented as follows: (a) For the first calendar year beginning after the effective date of this act, the general fund revenue, not.including new voter - approved revenue, received above.the amount received in 20 . 09.adjusted .by an amount necessary to.reflect inflation for the 2.009 calendar year and population growth, must be deposited in the "Lower City Property Taxes Account." (b.) For subsequent years, the general fund revenue,, not including new voter=approved revenue, received above.the amount received in the immediately prior calendar year, less any deposits into the "Lower City Property Taxes Account," adjusted by an amount necessary to reflect inflation for the immediately prior calendar year and population growth, must be deposited in the "Lower .City Property Taxes.Account." NEW SECTION. Sec. 9. A new section is added to Title 35A RCW to read as follows: Any city's property tax levy must be reduced from the amount that could otherwise be levied under RCW 84.52..043 of this section by an amount equal to the gross deposits to that city's "Lower City Property Taxes Account" established in section 8 of this act from the previous year. Sec.. 10. RCW 84.52.043 and 2005 c.122 s 3 are each amended to read as follows: Within and subject to the limitations imposed by.RCW 84.52.050 as amended, the regular ad valorem tax levies upon real and personal property by the taxing districts hereafter named.shall be as follows: (1) Levies of the senior taxing districts shall be as follows: (a) The levy by the state shall not exceed three dollars .and sixty Code Rev/JM:segll (08/16/20023 I-1630.1/03 cents per thousand dollars of assessed value adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue to be used exclusively for the support of the common schools; (b) the levy by any county shall not exceed one dollar and eighty cents per thousand dollars of assessed value; (c) the levy by any road district shall not exceed two dollars and twenty-five cents per thousand dollars of assessed value; and (d) the levy by any city or town shall not exceed three dollars and thirty- seven and one-half cents per thousand dollars of assessed value. However any county is hereby authorized to increase its levy from one dollar and eighty Cents to a rate not to exceed two dollars and forty-seven and one-half cents per thousand dollars of assessed value for general county purposes if the total levies for both the county and any road district within the county do not exceed four dollars and five cents per thousand dollars of assessed value, and no other taxing district has its levy reduced as a result of the increased county levy. (2) The aggregate levies of junior taxing districts and senior taxing districts, other than the state, shall not exceed five dollars and ninety cents per thousand dollars of assessed valuation. The term "junior taxing districts" includes all taxing districts other than the state, counties, road districts, cities, towns, port districts, and public utility districts. The limitations provided in this subsection shall not apply to: (a) Levies at the rates provided by existing law by or for any port or public utility district; (b) excess property tax levies authorized in Article VII, section 2 of the state Constitution; (c) levies for acquiring conservation futures as authorized under RCW 84.34.230; (d) levies for emergency medical care or emergency medical services imposed under RCW 84.52.069; (e) levies to finance affordable housing for very low-income housing imposed under RCW 84.52.105; (f) the portions of levies by metropolitan park districts that are protected under RCW 84.52.120; (g) levies imposed by ferry districts under RCW 36.54.130; (h) levies for criminal justice purposes under RCW 84.52.135; and (i) the portions of levies by fire protection districts that are protected under RCW 84.52.125. Code Rev/JM:segl2 - [08/16/20021 I-1630.1/03 (3) The limitations in subsections (1) and (2) for the levies by the state, counties and cities must be further adjusted as provided in sections 2. 4. 6 and'8 of this act:. Sec. 11. RCW 84.55..010 and 2006 c 184 s 1 are each amended to read as. follows: Except as provided in this chapter, the levy`for a taxing district in any year shall be set so that the regular property taxes payable in .the followingyear shall not exceed the limit factor multiplied by the amount of regular property taxes lawfully levied for such districtplus revenues. deposited as provided in sections 2(7), 4(7),.6(7). and 8.(7) of this act in ;the highest of the three most recent years in which such taxes were levied for such district plus an,additional dollar amount calculated by multiplying the increase in assessed value in that district resulting from new construction, increases in assessed value due to construction of electric.generation wind turbine. facilities classified as personal property, improvements to property, and:any increase in the assessed value of state -assessed property by the regular property tax 'levy rate of that district for the preceding year. The adjustments. provided:in sections 2, 4, 6;.and 8 of this act provide.a limitation on property tax.l.ev.ies which is in addition to the limit factor in this section. CONSTRUCTION CLAUSE NEW SECTION. Sec.. 12. The provisions of this.act are to be liberally construed to effectuate the intent, policies, and .purposes of this act. SEVERAHILITY CLAUSE NEW SECTION. Sec. 13.. It. any provision of this act or. its I pplication to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. MISCELLANEOUS Code Rev/JM:segl3 [08/16/20021 1-1630.1/03 NEW SECTION. sec. 14. Subheadings used in this act are not part of the law, NEW SECTION. sec. 15. This act shall be known and cited as the Lower Property Taxes Act of 2009. Code Rev/jm:seg14 [O8/16/2002]. I-1630.1/03 `.i STATE OF WASHINGTON OFFICE OF FINANCIAL MANAGEMENT Insurance Building, P.O. Box 43113 •Olympia, Washington 98504- 3713 -• (360) 902- 0555 Fiscal Impact Statement for Initiative 1033 As sent to the Office of the Secretary of State, August 10, 2009 Initiative 1033 limits annual growth of state, city and county general fund revenue to the rate of inflation and population growth. General fund revenues exceeding this limit must be used to reduce the following year's state, city or county general fund property tax levy. The initiative reduces state general fund revenues that support education; social, health and environmental services; and general government activities by an estimated $5.9 billion by 2015. The initiative also reduces general fund revenues that support public safety, infrastructure and general government activities by an estimated $694 million for counties and $2.1 billion for cities by 2015. • The initiative is set on a calendar year (CY) basis. • CY 2010 revenue limit is calculated as follows: CY 2009 General Fund Revenue x (1 + 2009 % Change Population) x (1 + 2009 % Change Inflation) • CY 2010 general fund revenues that exceed the CY 2010 revenue limit will be transferred into new "Lower Property Tax Accounts" for the state, counties and cities. The first transfer(s) into the new accounts will occur in CY 2011. • The first property tax levy to be reduced by the initiative is the 2011 levy, which is collected in CY 2012. Thus, funds will be transferred from the new "Lower Property Tax Accounts" into state, county and city general funds in CY 2012 to account for any reduction in 2011 levies. • The initiative defines state general fund revenue as the aggregate of revenue from taxes, fees and other governmental charges received by state government that are deposited into any fund subject to the state's expenditure limit under RCW 43.135.025. For CY 2009 and CY 2010, state general fund revenues are General Fund — State revenue estimates from the June 2009 Washington State Economic and Revenue Forecast Council converted from a fiscal -year basis to a calendar -year basis. • The following state revenue sources, totaling less than $30 million annually, have been excluded from these estimates: o Sales and income from property. o Contributions and grants. o Grant and loan repayments. o Indirect and prior cost recoveries. o Unclaimed property. o Charges for publications and documents. o Interest and investment earnings. • State general fund revenues for CYs 2011-15 are estimated to grow, on average, by the change in real per capita personal income plus change in inflation plus change in population, adjusted for revenue elasticity. This methodology is consistent with prior long-term revenue forecasts produced by the Office of Financial Management (OFM), and results in an average annual growth rate of 4.8 percent. • State general fund revenues are reduced by the amount required to be transferred into the Budget Stabilization Account created under Article 7, Section 12, of the Washington State Constitution. • The initiative defines inflation as the annual percentage change in the Implicit Price Deflator for Personal Consumption for the United States as published on or about March 27 each calendar year by the Bureau of Economic Analysis and reported by OFM. Inflation estimates for CY 2009 and CY 2011 are from the June 2009 Washington State Economic and Revenue Forecast. Inflation estimates for CYs 2012-15 are from the June 2009 IHS Global Insight forecast of the Implicit Price Deflator for the United States. The Washington State Economic and Revenue Forecast Council relies on IHS Global Insight models and data for the U.S. portion of the official state economic forecast. • The initiative defines population growth as the percentage change in the statewide population based on the annual statewide population determinations reported by OFM during the prior calendar year and the current calendar year. Statewide population growth estimates are from OFM's 30-Year Forecast of the State Population. Estimated STATE Cash Receibts: FUND CY 2010 CY 2011 CY 2012 CY 2013 CY 2014 CY 2015 General 0 ($676,000,000) ($875,000,000) ($1,125,000,000) ($1,447,000,000) ($1,803,000,000) Fund - State Lower State 0 $676,000,000 $875,000,000 $1,125,000,000 $1,447,000,000 $1,803,000,000 Property Tax Account 51 reCn?? fr Less than $50,000 will be incurred by OFM in CY 2009 and CY 2010 to set up, test and verify computer systems, and establish policies and practices to implement a state general fund revenue limit. • The initiative applies to counties, first class cities, second class cities, code cities, towns and unclassified cities. 2 To account for possible different patterns in population and revenue growth, counties and cities were analyzed using four groupings: 1. Urban County — 7 counties 2. Rural County — 32 counties 3. Cities in Urban Counties —109 cities and towns 4. Cities in Rural Counties —172 cities and towns Urban counties are Clark, King, Kitsap, Pierce, Snohomish, Spokane and Thurston; all others are rural counties. Under RCW 82.14.370, rural counties are defined as a county with a population density of less than 100 persons per square mile or a county smaller than 225 square miles as determined and published each year by OFM for the period July 1 to June 30. County and city general fund revenues are defined as the aggregate of revenue from taxes, fees and other governmental charges received by the county or city and deposited into the county current expense fund or city general fund, respectively. County and city revenues are estimated from 2007 financial information contained in the Local Government Financial Reporting System (LGFRS) of the Washington State Auditor's Office. Only funds reported within LGFRS as general fund revenues are assumed to be deposited into the county current expense fund or city general fund, and therefore, are included in these estimates. The following county and city revenue sources have been excluded from these estimates: o Federal and state direct and indirect grants. o State shared taxes or revenues. o Charges for contracted services performed by counties or cities. o Charges for enterprise activities or charges that are not governmental in nature. o Inter -fund and inter -department charges. o Interest and investment earnings. • County and city general fund revenue growth rates for CYs 2009-15 are related to the state's revenue growth rate by estimating each grouping's five-year historical rate of revenue growth in proportion to the state's revenue growth rate of 4.8 percent. • Inflation estimates for counties and cities are the same as used for the state. Population growth is defined as the percentage change in the countywide population for counties and the percentage change in citywide population in cities, as reported annually by OFM. County and city population growth is estimated from OFM's 30-Year Forecast of the State Population, adjusted using OFM's Washington State County Growth Management Population Projections: 2000-2030 and each grouping's historic population growth rates. Estimated URBAN COUNTY Cash Receipts: FUND CY 2010 CY 2011 CY 2012 CY 2013 CY 2014 CY 2015 General 0 ($55,000,000) ($70,000,000) ($87,000,000) ($111,000,000) ($137,000,000) Fund — Utan Counties Lower 0 $55,000,000 $70,000,000 $87,000,000 $111,000,000 $137,000,000 County Property Tax Accounts 3 Estimated RURAL COUNTY Cash Receipts: FUND CY 2010 CY 2011 CY 2012 CY 2013 CY 2014 CY 2015 General 0 ($24,000,000) ($35,000,000) ($46,000,000) ($58,000,000) ($72,000,000) Fund — Rural Counties Lower 0 $24,000,000 $35,000,000 $46,000,000 $58,000,000 $72,000,000 County Property Tax Accounts Estimated CITIES IN URBAN COUNTIES Cash Receipts: FUND CY 2010 CY 2011 CY 2012 CY 2013 CY 2014 CY 2015 General 0 ($176,000,000) ($257,000,000) ($350,000,000) ($463,000,000) ($588,000,000) Fund — Cities in Urban Counties Lower City 0 $176,000,000 $257,000,000 $350,000,000 $463,000,000 $588,000,000 Property Tax Accounts Estimated CITIES IN RURAL COUNTIES Cash Receipts: FUND CY 2010 CY 2011 CY 2012 CY 2013 CY 2014 CY 2015 General 0 ($30,000,000) ($42,000,000) ($55,000,000) ($72,000,000) ($91,000,000) Fund — Cities in Rural Counties Lower City 0 $30,000,000 $42,000,000 $55,000,000 $72,000,000 $91,000,000 Property Tax Accounts utir Cep felts tz, County and cities will incur indeterminate costs to implement the initiative during CY 2009 and CY 2010 to modify computer systems, establish policies and practices, train employees and respond to requests for public information. Costs will vary by jurisdiction and depend, in large part, on the jurisdiction's ability to modify accounting systems to identify and track revenues subject to the general fund revenue limit. 4 1. 2010 Budget Baseline Estimate 0 General Government Expenditures will be $102 +/- million • Baseline Revenues will be $95.5 million • Base "gap" to balance 2010: $6.5 million 2. 2008 contraction: in late 2008, we started the process of holding positions vacant or not hiring for Benson Hill annexation -related positions; as a result we held 32 positions vacant and saved $5 million; 3. 2009 budget: Balancing/re-balancing strategies in February included citywide reductions and department reductions. Reduced General Government expenditure by $5 million and freeze 35 positions resulted in (for example): • Suspension of basic life support transport Suspension of SRO programs and emphasis patrol in transit center and the Highlands • The elimination of some favorite community programs such as the Easter egg hunt and flower baskets in the downtown • Wage concessions (employee furloughs) of up to 3% • Increase GF portion of BL fee from 20-50% (did we do this?) 4. Considerations for 2010 budget • Principles: we won't ask for across the board cuts; need to ruthlessly prioritize and focus on service levels to the public (while we care a great deal about our city workforce) • 2010 reductions will be on top of the 2009 adopted reductions: ➢ cut General Government expenditure an additional $6.5 million, eliminate previous vacancies and reduce an additional net 35 FTE — doing our best to preserve public safety and core city priorities ➢ What will the future of BLS transport be • To minimize services we will consider both revenue options and expenditure cuts • Revenue options will primarily be focused on user fees instead of general tax or fees ➢ Considered a wide range of options for tax and fee changes ➢ Likely in future years that we will go to voters to help fund their highest priorities • Expenditure cuts will include looking at aligning our structure to provide sustainable core services in an cost effective way • Potential 1-1033 impacts: if passed, 1-1033 "resets" to 2009 revenue levels and new revenues S. Budget process • Reminder: Renton Results focuses on six priority city service areas • Develop "request for results" that public is asking for key results in the Renton community • Departments develop "offers" that will deliver those results • Departments' offers re build the program at the minimum service levels to meet the request • Prioritize proposals based on purchasing strategies • We are not eliminating whole lines of business, but have long-term priorities that may need to be reconsidered. 6. Revenues • Property Tax ➢ We are proposing to adjust 2010 property tax base by IPD which at this point is about negative 1.xx% ➢ There are no other cities considering IPD reduction ➢ If we were to try to "give back" reduction in property taxe,s would double the impact on the city's budget (need to find $3-4M or an additional 40 job cuts) ➢ We would also be proposing that council do adopt an ordinance declare substantial future needs and keep the difference between the IPD and the 1% allowed growth limit as banked capacity for the future. • Taxes and fees. In keeping with Council retreat discussions, the recommended budget will propose fee increases or new fees that align with regional fee levels ➢ BLS transport fee (we want Council to discuss two questions: first, should we be in the business of BLS transport; and second, what is the best approach to provide the service? ➢ Use PE revenue for Patrol Services ➢ General recreation and development fee increases ➢ Bring animal license fees to the same level as KC though a multi -year increase plan • Utility Rates y CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, SUPPORTING INITIATIVE 1033. WHEREAS, Initiative 1033 ("1-1033") will be on the state-wide ballot in November; and WHEREAS, 1-1033 would establish limits on the annual growth and revenue deposited in state, county and general revenue funds with revenues above the limit rebated through property tax reductions; and WHEREAS, 1-1033 would permit the citizens to decide how fast government should grow; and WHEREAS, 1-1033 would bring back successful policies passed by the voters when they approved 1-601, which put reasonable limits on governments' fiscal policies and limited growth to the inflation rate plus population growth with increased tax revenues requiring voter approval; and WHEREAS, 1-601 worked very well for many years until the legislature established loopholes in it removing many of 1-601's reasonable fiscal disciplines and policies resulting in major budget deficits; and WHEREAS, 1-1033 would return fiscal discipline by putting a reasonable limit on the growth of government; and WHEREAS, 1-1033 provides politicians with an excuse to say "no" to special interest groups and encourages them to start prioritizing and reforming government; 1 RESOLUTION NO. 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. The City Council of the City of Renton, Washington, supports 1-1033. PASSED BY THE CITY COUNCIL this APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney R ES.1418:9/11/09:scr day of , 2009. Bonnie I. Walton, City Clerk day of , 2009. Denis Law, Mayor N a CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, OPPOSING INITIATIVE 1033. WHEREAS, Initiative 1033 ("1-1033") will be on the state-wide ballot in November; and WHEREAS, 1-1033 would establish limits on the annual growth and revenue deposited in state, county and general revenue funds with revenues above the limit rebated through property tax reductions; and WHEREAS, 1-1033 could slow economic recovery by making 2009 recessionary revenues the new baseline, which are local government budgets based upon the worst of times for revenues for Washington State, its counties and cities; and WHEREAS, the 2009 budgets, with their severe cuts, diminished services and eliminated programs, would be the best that the citizens could hope for; and WHEREAS, 1-1033 would severely limit Washington's ability to make long-term investments in education, health care and economic security; and WHEREAS, 1-1033 would create an unsustainable financial condition and strong disincentives for local governments to accommodate non-residential development in their communities, since revenues generated by economic development activities and funding to accommodate that growth would rapidly reduce property tax revenues for those local governments; WHEREAS, 1-1033's scope includes federal and state grants and charges for contracted services, providing little incentive for the federal and/or state government to award 1 RESOLUTION NO. 0 grants to Washington cities and counties since the granted funds will simply flow out as property tax cuts; WHEREAS, 1-1033 would severely impact governments' ability to invest in infrastructure that is critical to maintain a healthy economy and support economic growth and vitality; and 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. The City Council of the City of Renton, Washington, opposes 1-1033. PASSED BY THE CITY COUNCIL this day of , 2009. APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney RES.1417:9/11/09:scr Bonnie I. Walton, City Clerk day of , 2009. Denis Law, Mayor 2 CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Commander McClincy Dept/Div/Board.. Police Department Staff Contact...... Commander McClincy (Xt 7512) Subject: Hire Lateral Police Officer Candidates Brian Augustyn, Daniel Grisim, and Brian Jordan at Step D of Police Officer salary range pc60 Exhibits: Issue Paper Recommended Action: Council Concur AI #: 7. For Agenda of: September 21, 2009 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance............. Resolution............ Old Business........ New Business....... Study Sessions...... Information......... Approvals: Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... $2,650 Transfer/Amendment....... Amount Budgeted....... $2,650 Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Approve and authorize wages at City of Renton salary range pc60 "D" step for: Lateral Police Officer candidate Brian Augustyn, effective October 16, 2009, Lateral Police Officer candidate Daniel Grisim, effective October 16, 2009, and Lateral Police Officer candidate Brian Jordan, effective November 1, 2009. STAFF RECOMMENDATION: Hire Lateral Police Officer candidates, Brian Augustyn, Daniel Grisim, and Brian Jordan at Step "D" of City of Renton salary range pc60. X POLICE DEPARTMENT p aUty of M E M O R A N D U M DATE: September 8, 2009 TO: Randy Corman, Council President Members of the Renton City Council VIA:*�Denis Law, Mayor FROM: Kevin Milosevich, Chief of Police , STAFF CONTACT: Katie McClincy, Commander (xt 7512) SUBJECT: Request to Start Lateral Police Officer Candidates Brian Augustyn, Daniel Grisim, and Brian Jordan at Step D of Police Officer Salary Range ISSUE: Should the City Council authorize the starting compensation for Lateral Police Officer Candidates Brian Augustyn, Daniel Grisim, and Brian Jordan at Step "D" of the Police Officer salary range? BACKGROUND: In 2009, the Renton Police Department applied for and received grant monies as part of the Community Oriented Policing Services (COPS) federal program. The award of these grant monies allows the Police Department to hire three additional police officers. The Police Department has attracted many well qualified and experienced officers from outside agencies. On occasion, lateral officer candidates possess tenure and experience which shortens the amount of time needed to train and acclimate them to the "Renton way" of doing business. The Chief of Police is authorized to offer new employees a salary of up to "C" step without Council approval. Entry-level officers with the Renton Police Department reach "D" step with three years of service. 1) Special Agent Brian Augustyn has completed all phases of testing and has been offered employment with the Renton Police Department. Agent Augustyn is a five year veteran of the U.S. Secret Service, during which time he investigated criminal cases (bank fraud, credit card fraud, counterfeit currency, etc.) and provided dignitary protection to include our current President. Prior to working for the Secret Service, Agent Augustyn worked four years for the Federal Air Marshall's Service, one year for the US Border Patrol, and two years for the Arizona Department of Corrections. Agent Augustyn is a certified Firearms Instructor for the Secret Service. He was certified by the Border Patrol in the Spanish Language, has a Bachelor of Arts in Randy Corman Council President Page 2 September 8, 2009 Business Management, a Masters Certificate in Terrorism Studies, and considerable expertise in event (operations) planning. Agent Augustyn's prior law enforcement experience merits a higher beginning salary than "C" step. Agent Augustyn's current salary is in excess of $100,000 per year. However, Agent Augustyn owns a home in the City of Renton, and is anxious to work in the community he lives in. Agent Augustyn's compensation at "D" step will be $5,664 per month. With a difference of $378 per month, beginning October 16, 2009, the additional cost to the city will be $947 in 2009, which will not require additional funding. 2) Officer Grisim's prior law enforcement experience merits a higher beginning salary than "C" step. Officer Grisim's current salary is in excess of $100,000 per year. However, Officer Grisim is anxious to relocate back to Washington so his children can spend time with their grandparents. Officer Grisim's compensation at "D" step will be $5,664. With a difference of $378 per month, beginning October 16, the additional cost to the city will be $947 in 2009, which will not require additional funding. 3) Officer Brian Jordan has completed all phases of testing and has been offered employment with the Renton Police Department. Officer Jordan has over seven years of law enforcement experience. He worked for the City of New York, NY, Police Department for two years, the City of Berkeley Heights, NJ, Police Department for two years, and the Tukwila, WA, Police Department for three years. Officer Jordan has experience as a foot beat officer, a regular (radio car) patrol officer, a member of the Valley Civil Disturbance Unit, and the Valley SWAT Team, of which he is currently a member. Officer Jordan is well acquainted with radio procedures, tactics, and Renton personnel because of his time at Tukwila PD, and on VCDU and VSWAT, which should significantly reduce his time in our field training program. Officer Jordan has a Bachelor of Arts in Psychology from Gonzaga University. Officer Jordan's prior law enforcement experience merits a higher beginning salary than "C" step. Officer Jordan's current salary is $6204 per month. Officer Jordan's compensation at "D" step will be $5,664 per month. With a difference of $378 per month, beginning November 1, the additional cost to the city will be $756 in 2009, which will not require additional funding. RECOMMENDATION: Approve and authorize "D" Step Police Officer wage for Lateral Police Officer Candidates Brian Augustyn (effective October 16, 2009), Daniel Grisim (effective October 16, 2009), and Brian Jordan (effective November 1, 2009). CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Public Works Department Dept/Div/Board.. Administration Division Staff Contact...... Gregg Zimmerman, Ext. 7311 Subject: Authorization of a sole source contract to purchase and install an automated fueling system at Fire Station 13. Exhibits: Issue Paper Background and product information Recommended Action: Refer to Finance Committee Fiscal Impact: Expenditure Required... Amount Budgeted...... $0 Al #: For Agenda of. 9/21/2009 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution ............ Old Business........ New Business....... Study Sessions...... Information......... Approvals: Legal Dept...... Finance Dept... Other ............... Transfer/Amendment Revenue Generated..... <$180,000> (Fund 501) Total Project Budget: $180,000 City Share Total Project. $180,000 SUMMARY OF ACTION: The project uses $180,000 in the Equipment Replacement Fund (Fund 501) to design and install an automated fueling system at Renton Fire Station 13 and to make needed modifications to the fueling system at the Public Works Maintenance Shops to accommodate this new facility. City Purchasing Policy 250-02 includes provisions for sole source contracts in cases in which only one supplier can provide the needed equipment. AssetWorks provides automated fueling systems that are compatible with the existing City fleet fueling system. The purchasing policies require that for sole source contracts over $20,000, Council approval is required. STAFF RECOMMENDATION: Approve the installation of an automated fueling system at Renton Fire Station 13 that includes needed modifications to the fueling system at the Public Works Maintenance Shops to accommodate this new facility. Authorize purchase of the AssetWorks Fuel/Focus FMS automated fueling system for this application. X X Rentonnet/agnbill/ bh � X PUBLIC WORKS DEPARTMENT . .A )'+ M E M O R A N D U M DATE: July 27, 2009 TO: Randy Corman, President Members of the Renton City Council VIA: �V�i,. Denis Law, Mayor er FROM: X Gregg Zimmerm4r -7311) SUBJECT: Authorization of the use of a sole source contract to purchase and install the automated fueling system. ISSUE: Should Council authorize the purchase and installation of an automated fueling system at Fire Station 13 as a sole source purchase? RECOMMENDATION: Authorize the purchase and installation of an automated fueling system at Fire Station 13 as a sole source purchase. BACKGROUND: The approximately 31 Police officers assigned to the Benson Hill Community currently must drive their vehicles back and forth from the City Maintenance Shops at 3555 NE 2"d Street in the Highlands in order to add fuel to their vehicles. Estimates made of the travel time between several locations within the Benson Hill Community and the Maintenance Shops indicate that roughly 2,000 man-hours could be saved over the course of a year if these police cars could be fueled at Fire Station 13 at 18002 108th SE rather than at the Shops. This is equivalent to freeing up the resources of one full time officer to perform patrol duties rather than driving back and forth to add fuel to the vehicles. The value of this added resource has been estimated to be in the range of $98,000 to $127,000 annually. Fire Station 13 is currently equipped with a vehicle fueling system, but it is not large enough to achieve fuel discounts or practically serve the higher demand use we are proposing. Further, it does not have the needed instrumentation to incorporate it into c:\users\gzimmerman.renton\appdata\local\microsoft\windows\temporary internet files\content.outlook\fUybpgr2\fs 13gastankinfopaper.doc Fire Stn. 13 Fueling System Page 2 of 2 7/27/09 the City's fleet fueling system and to make it available for use for other departments, including the Police. This proposal is to remove the existing fueling system and replace it with an AssetWorks Fuel/Focus FMS automated fueling system including two 5,000 gallon fuel tanks and the required instrumentation to connect the system into the City's automated fleet fueling system. This project also requires that upgrades will be made at the fueling system at the Maintenance Shops to assure that the new system is properly connected and interfaced with the existing system. The proposal also involves a request for authorization for a sole source contract in order to purchase the AssetWorks system that will be compatible with the existing system. The City's purchasing policies require that for sole source contracts over $20,000, the Mayor's authorization is required and also Council approval. The estimated cost of the installation and commissioning of this automated fuel system at Fire Station 13 is $180,000. Sufficient funds are available in the Equipment Replacement Fund (Fund 501) to pay for this project. Once this fueling system has been installed and commissioned at Fire Station 13, the Fire and Emergency Services Dept., the Police Dept., and other City departments would be able to use the facility, thus creating efficiencies for workers assigned to duties in the Benson Hill Community. CONCLUSION: The City Council should authorize the use of a sole source contract to purchase and install an automated fueling system at Fire Station 13. c:\users\gzimmerman.renton\appdata\local\microsoft\windows\temporary intemet files\content.outlook\fDybpgr2\fs 13gastankinfopaper.doc April 15, 2009 David Hohn Fleet Manager City of Renton Public Works Maintenance Div 3555• N.E. •2d Street Renton, WA 98056 (425)4$0=7440 dhohn@rentonwa.gov RE: AssetWorks FuelFocus- Automated Fueling System (AFS) Dear David AssetWorks Inc. is pleased to submit information and pricing for our FuelFocus Automated Fueling System. AssetWorks looks forward to the opportunity to demonstrate our FuelFocus solution at your convenience. Our pricing is valid through July 13, 2009. Thank you for your time and attention. Sincerely, faot sd James Schnepp, Vice President of Sales & Marketing AssetWorks Inc. Tel: 858.663.7481/ Fax: 240.465.7593 Email: James.SchneppPassetworks.com AssetWorks 1-19 FuelFocus I Table of Contents Fua]Fonua@Dvomiow .------------------------------------_----.+�'�:��O'��` UniqueCapabilities ........................................................................................................... ............ _—.............. *L1�^^ Onereporting system —....................................................................................................... ...... --.......... ,`^t`�r� infoCenter Reporting ---------_----_____________________..' ^^ |n�Cen�rDaohboa�o---------------------_----------------'—...,'°`.,�/'!'''`.' Pricing �_''''_—_—'---_------_----_—_'--'----'-----'--��.-_'.1�`' 1 S�n:--_---------------'-------------------''��'�.-''��j�''�/ SubsequentSites: ......................................................................................................................................... 14 Maintenance............................................................................................................................................................ 18 «' ................................................ -------^-----'----------'1S Pre -installation Tasks .......... ........................................... -----------------------------10 Fu�Fooua@|ns�NodonTasks -----------------.------------------....... ............ 17 More Information: .......................... .... ................ .......... --------------_—'—_-----'-19 FuelFocus@ Overview Introduction The FuelFocus@ Fuel Management System (FMS) is a comprehensive fuel management package providing automated fuel dispensing for fleet operations. The primary control! device of the FuelFocus® FMS System is the fuel Island Control Unit (ICU). The Island Control. Unit is located; at the fuel. island, and it is., usedto controland record: all fuel: , dispensed to fleet equipment. The FMS software provides inventory management features; .. tank sensing interfaces and fuel consumption control features. FuelFocus® FMS enables users to tailor the system to ..meet. varied. operational demands. (no card, one card, two card and input editing checks), as well as to expand the choices, with minimal hardware modi ication:- RFJW-AF Gapabilitivs T CPiiP Connectivity CreA Card s; s rri�iti#ie HAD Keys � Fiud P;;�r•iarit3g. Rkuxiipt PrInter Each FMS Island Control Unit contains an internal microprocessor providing access to the fuel system without central site computer dependency. Microprocessor control at the pump site enables the system to capture and edit data regardless. of central site computer status. Island Control. . Units (ICU's) can function oo:a,•totally stand-alone .basis; as a server to.the.. central processor or as an on-line device of the central processor. This approach is far superior to either stand-alone or centrally. controiled,ystems,: n ,.., .: Y There are six different methods of vehicle and employee identification that can be used, we are proposing HID cards. We have included the use of th'e Ri p p 9 V' Option in this RFP. Ke t`"ly + p ypad input is.always an option....."' ; • Keypad Inpu# - Operators. can, manually key iin. employee.. and vehicle numbers on the ICU front panel. • HID Proximity Key - Unlike your standard "push" keys, there. are no. . wear, points whatsoever .onthis readily available option. They. are warranted for life. • WAF (RF) Transmitter Option — Wireless transmitters. such as the. Vehicle Information Box (VIB) may be used for true "card-less,System". Odometer readings, engine hour readings, and vehicle ID's are automatically downloaded to the ICU via a wireless radio signal, no AssetWorks 3-19 FuelFocus qrn operator intervention isrequired. Simply insert the fuel nozzle equipped with a passive tag into the:filler. neck and all data is passed seamlessly to the controller — no vNraa on the hose to break as with competing systems. ` U Eicoansion capabilities The system may be expandod:�tb; the following capacities without aping the unit , or central hardware, but, simply through: bbard� additions and/ of software Un limited islands Unlimited # of vehicles (matching your FA s�oftware licenses),., ni it # of employees Radio Frequency Upgrade User.set pump time-outs by island This feature allows the user to define how long a hose may be ".off hook" and not dispensing fuel before the ` unit is shut down. This reduces the chances of a. filling under the '. of the dhoprpv�uoveh�� ' ' = Uspr' ^` check It may be specified to the system the number of times to qoerythe user when an invalid meter reading is entered. Further parameters include.whether fuel �shibiuldl or should not be dispensed. without a valid meter entry.. ° Fill quantity edited The nt of fuel against the meter reading and the oxpoomoconoumpnnnbased nnits /lings. ° Fuel type bmvehicle cross-check . The type of fuel to be dispensed is edited against the fuel type of the vehicle to prevent such occurrences augasoline being pumped into adiesel vehicle. ° Preventive k8oiotenonoeCut-offorlimits ` K a vehicle is overdue for a PM, a mes - sage is displayed to the operator to this effect. A parameter ayb6 optionally.set to limit or cut off fuel dispensing if the vehicle is severely ovie�due.it Merridiry at the pump site is sufficient to contain up to Thi cap bility r translatesto �n�` ` ' mprove' - T� °Battery back-up atsite toretain information hm'th�-eventnf6f6etr1cadfailure' The battery maintains information in ` therefore there i� eh6�nfih��rn�hon ndd��a|�� ' �~ Emergency manual override with audit trail In � overridden( doOrto8hO:Ubit'' is openedi,,Jbis Actiyi.jy is journaled, providing an audit trail of such overrides. .. , ` °effiojoyee limits on 9 `Thhi fe.:md«beUsed tnlimit the`anlobn hffuo|�� can dispense |ntota�'ind ` ^ --~--nt —^`—p--bjc---�' AuuetWorku 4'10 Fue[Focuo � • Employee and/or vehicle time restrictions with emergency. over=ride. ........_... _....... The time of day during which an employee pumps fuel, or alternatively. a`. veh cl&"riiay:'be fitle may be specified. In emergency situations (snowstorm, .flood,.. -,etc:). this..:feature may,,,be overridden. • Consumable Control The system can also control other non -fuel consumables such.:as" add -oil, and ATF if these fluids are dispensed through automated dispensers as well as entry control (gates) `cai `washes. • OPTIONAL Interface to tank lever sensors (that utilize the Veeder Root protocol). FuelFoc'us® automatically will reconcile book to physical quantities and'jourrial the adjustments for a complete audit trail. The user may optionally specify automatic inventory adjustments. This option will cause any variance between stick and. book .to be journaled to a user' specified indirect account with the stick reading becoming the book balance. Further, the user may specify whether the loss/gain value should be redistributed to inventory or posted to the indirect account One reporting system Numerous fueling reports exist in FleetFocus@ FA where the City of Renton can take advantage of the real time data updates. Some of the fuel reports in FA include: PR:FUE-FUEL I-IIST BY EQ Report: Equipment Fuel and Fluid History by Equipment" Description: Prints the fuel ''M: 'fluid hist'ory'fcsi' a rarige`of`equipri3e'rit ui iits v�itliin a specified range of dates. " Prompt: Starting/ending equipment IDs and starting/ending fuel ticket dates (Example: MMIDD/YYYY) ?quiFzcac 1'4 aid 14oin 4.—Y r! OV.v,xe :c - - --ro;1 ------ ----- .... --- -------------------rcnII•---------------- TSC T_e 11-car 1 £::_iD LV,lDe! TT:c Door 1�'3: IV !kX Yalie +19e '.D ik4 ✓o3uS aee^�nq TO.9 ?? aM DTISMAL Ii W11001 10? 104 2:6.0 08. 4L 11 ------- ------ O.0 ._______—.___ 0.001 41'411I Al16ALAL J"/rZ/Z001 101 101 24.0 ?0."1! 0.0 V.Du1 60V01 =2FVA:. I". 10812001 107 101 22.9 00.0011 0.0 0.001 b-9011 =1 ont.L Ia/137f=a V1 IOT ----- --------------------- 10.: 24.0 --__-_-`___.____'-.___.—_--_-. -.1011 0_c O. ao1 'T1�1 Tot.al:: PY.S _Y7.se ---------------------------- o.0 V.00 ' 12/ 1 TO0 �'CV:JP 1lfiCRtEL laajl YlZa V1 IV"+ _._---_--___---..-_-___-_---- 101 14_3 S___I1 __._-------------- --- V... _-_---_ ____.. ___ _ ____. O. 0V1 __.-_-_--.. 21 11 2V1.=X- I0Pl14/Z401 101.-101 11.7 Z6.8211 0.0 ---_-_--..-___._.____-_______ 0.1101 _� 810._I O.a V.00 ----------M Or MUM--__--_-- Asset-Works) .: 5-19 Fu elFocus jPR;FU.E-FUE�,.HtS,T;5Y.LQP E46ip6wf'"uel and tuld AfstDrVbg Loc�oit i.2 44 Description: Prints the fuel and fluid history for equipment units in a rarme of PIA. locations within a specified range of dat Prompt Stai1inglending PjAlocation JDs aW starting.anding feet ticket: slags 4EYa TP e7 tilf.1 a,/YYYY) tCikF9aAl—.0 tO 1 11 -ol — --------- — --------- — — ----- ........... ............ ------------------ ---------- ........... -PR:FUE-INN ANALYSIS Report: Fuel Tank Readipg AnaWvs.. ajescT7PUG-11.: ppirits. "'?, rpPort.of fYetnftlareq(40gs sthpl�jqg tad react r -an quantRy, sorted by tank ID. Prompt �14)11e., L449-0 I; L SA 1. 41K. t -09, 'M 2.4-0 11tv-2 U".Z &,Vt ". a at. vli Ott. 0 T22. 0 6 1 —t U, --A 9-1 2M, - AssetWorks 6-19 FuelFocus -- PR:'FIDE;.INV CHECK Report: Tat* :.Etirefttaty ilaftaeirCUr Mice Cti:.; Prompt: done :.c,:� aeca : Slze: �nnrreni �o:sc iwi ruts xw4x.,r rsw YcaYtR Lecw<1m.D fval lyi?�QCB Asa S'ma Ysltit 7incetC.ta.,w u, &mm emx«xe - lxt:ntcaso e1.-x : xx1o, y,,5g tn:leaW. _ eaux.�' zer?,I aa, at ;n 'vc.: �lr�.&c t-s9c a.aaa auas.4i 37-1 OL X ]54F.: Act,N 1.45Sn ]AY % RL 3:i.S pq-'.i l_aAt 3 OA �i AGF.A F40.lr'' A.. F.:F 2.49E VJ InfoCenter Reporting Additionally, by utilizing the more advance AssetWorks InfoCenter Reporting module (proposed in this bidL the City of Renton can take advantage of the ease of use our web reporting environment. IC Reporting (ICR) makes it easy to take your raw FleetFocusTm data and transform it into the vital information you need to manage your operations more 'effectively. At the same time, it provides visibility into your operations through administrator -published reports through a zero -client, browser interface. ICR consists of: • Central reporting engine powered by Crystal Reports XI OEM Embedded Edition • Web server -based delivery of reports content. through Microsoft Internet Explorer • Out -of -the -box, maintenance -specific, graphical, standard reports • Report development tools created by Crystal Reports — the name synonymous with ease -of -use and powerful analysis tools InfoCenter Reports Scheduler, a scheduling tool enabling you to create and administer reports that run automatically on pre, -defined schedules .and email the report's PDF output to specified email addresses InfoCenter Reporting Features Here are just some of the many features and capabilities that ICR provides • My Favorites list of reports • Centralized reports administration, ability to publish reports to Report User Groups • Scheduling automated email of reports at daily, weekly, and monthly intervals • Graphical presentation with text and data in the same report • Drill -through reporting (e.g., from a list of work orders to a detailed work order report) • Flexible filtering with choice lists and search boxes • One-step output to Adobe Acrobat (PDF) format • Output to various formats including Excel, Word, Crystal RPT, and Rich Text • Out -of -the -box, maintenance- and operations -specific reports, easily modified to better fit your needs • Support for custom built reports and report sharing (between FleetFocusTM customers) InfoCenter Deporting Benefits • Provides easy access to pre -defined reports to anyone in your organization (iCR is not licensed based on the number of users given access to reports) AssetWorks. 7-19 Fuel Focus. . . -1 :.. s e tWo,-.RKS • Reduces the number of users who need to log in and get reports, based on ICR's,;abiiity. to.. schedule and automatically email PDF output. • Reduces the number of reports needed, thanks to powerful and flexible filtering options • Allows for use of custom reports right alongside AssetWorks Standard reports, and preserves them during upgrades • Supports easy sharing of reports among FleetFocusTM users Easy to Find __.. _ ..._. � . 3Gnr uie rnfan[?xUan--..... _ F:2q�Gnty Easy o Schedule �'dd} �3VOfY?S' .. ._.. �. OaacnOmMN•r.,.��{ -�ey . x . .. eN:ri4r:ee e4rywv a42smsxwc:ar.. ac nm2sac`aa " E.� Scat=du45Q ftE.go,•1s ' C+'06 t a mr!!Y �✓+.+rv+m •y ::. AN OCfier4 C S.- P31 .Y'SY muc�'for :9 ✓:� : �:. L1 n^. .. ��_...._ _: +u.:a:emtittistazwe..t<..:�n+no »gamy .. ser o.� . ,. : wi:t3 Y.:On.nl31 .i'.•:• •, •... ,. t&apL�`E 1 .._[ B*`eJY...::'.:r,F41 t. <<.a O".. :: £gLimta :nfc ^ 53iu3 " : 04- RAw 'OAd 210t1 nhn ravv.•rts...•n.r er :y h on dz� :.• n .+_s• �u ualYu OMV O^rtar Le•oc4.±c4 M +nt 1 6 '4 EgeiiRrnene r3S3i;:a¢ioes • 30s G;.,u O.W. :c¢: +':so; =Del . a Eqwpl 4nt .uwtmuvi ^%al: O�FFFF^^'' - 9,"_:2^ • Oq - _c '. �3.,i„S' �i*NJ'_3Yad Euak•!lanlHvknto+y.LM b¢ v±ee�er im ,F;. •'.. .. a: Oe:SC Oaas•tmant . .. .+"r ea^ma+!•G^,Raw*•e. .R+•arak ➢?a eoaniec.c„'di:::4::r s,rr•'<�,Yo�':ci+'�`wra^_• �X:^_£i .�`.tin8�^ ' _ Sh*v'x'CHRVbIIEfSt)tfe<ts. ' PMDSlC:t Rei:,aYYNn" ... - r_ Pati :. .. :. .. ,' .... RT?u..tif::.'.. .. .. ;irc'.rs'3��ei::i?a. rao':.?ay:'z;:G.e:c�.• t,4Si? r.y. • i�nEar i'F'Js ' 4•a SIfl to USe ::t Sev 200E i'Jzr:'a.5, ,i �Y �7_�A[8 R2fm+C� M, Comi�•tr: TcSt.F'CDS. wCadi CfY.:, '.'.".. .r ...;.: .."... .:` :s:�c-�t.«a:•«, aia: anaano�.u;: c�i• - O::-TTIAE rU tmiectbn 5erctae.:. IT Y:.A I pia More Info at: _.. . http://www.assetworks.com/marketing/AW_InfoCenter_repo.rting.pdf Standard Reports:` http://www.assetworks.com/fa/FASupport_Docs/index.php?dir=lnfoCehter%2FRelea§e_171 %2FReportin g%2F Fuel Reporting examples, following pages: AssetWorks E� FuelFocus wig -2 Ql- tu jL V 79 maids 4 FL c 0-9 0.0 CL 0i A setVVOdRKS P, Title: Fuel purchases ulle Name: F!s-'Fuet�Turcfiases Description. Provi desla,detafl%.I� I gpfal fuel;ato. iyid rece ptsjPfr,* , *-VA ei Ri I r— e-4,pt P,t dat te/time, -fuel V"Or. ID -and Mame, PO,Numb�r,,- rp-mipt quantity, unit-prlceand1pta�l *-ue is displayed.. Data is soft ted and grouped by Location ED and::thm by Tank'ID. Subtotalsfmquantity received and total value- are displayed at the tank; locajon, and grand total limvels; The user is prompted for a rangeof location codes and fuel receipt dates. Minimum FASuite,Version: F45.2 Initial InfoCenter Release- us:----J-Evmpt Text LocID snt5r Location TD(s): Riel Purchases Rq-,ort LCr.tW, W; rGRT QPPORT, rAST Oatm;:rom: 01tC7,1,ROOL To: O3P7,-xOj RWat V�W. In 011, —1? i—S MUM 9 i�4 m!PVm,, n —w OIL39 P'n "R rim M. VV,, 2 3S P 1;01 .6t8 zsM emit •Mo WOUM -'Um B4 �A W-IR NEW 1-1 -IW-lp g-z AssetWorks - 10-19 FuelFocus 0 NO MM -1 1-1-11 Wal wo Title: Fuel Tank Reading Analysis file Name: FA-FuellrankReadingAnalysls Descr Iptien: This reportt imill provide a lissitnq of fuel tank readings showtig the last read date and quanuty, m tine last read4ig and .the quantity On hand, and the vakkg of. that difference using the current price. blinimulu F, Suite vlers!o it Iriitlal'lqfuCLY�er Release: PeadDate i Enter Reaclingq.pate range: gm i-I FASuite Information Center Fuel Tank Reading Analysis LOCOUM(S] EM Dads From: DI/17/2001 T— nqj 17/2001. FJRJ,Ort LQ'P: 9jj7/;'ZPj r4y Type., 2 IRA V" , , M--M- ............. D$L Uhl M '1,11L M tIN ftAI*V I CIIKI�4 frRKN. Sufi, AssetWorks . 11-19 FuelFocus ". InfoC.enter Dashboards Further, by utilizing AssetWorks'InfoCenter Dashboards module` (also proposed in this bid). the City of Renton can take advantage'of our reai'tiin'e'dashboards/KPI's f(o'tothlleet and-fueL The AssetWorks InfoCenter Dashboard Module provides real-time access to your FleetFocusTm database through easy -to -interpret, out -of -the -box gauges and charts. Dashboard elements provide instant insight into your maintenance key performance indicators via a standard web browser. You may provide access to dashboards to anyone in your organization, without the need to install any software on their machines. Customers use the IC Dashboard module to add dashboard content to their maintenance management portal` for` viewers both inside and outside of the maintenance organization. Dashboards may be implemented on pages all by themselves (on the customer's intranet) or integrated into existing screens within the FleetFocusTm application. AssetWorks rqi Intseyiie fap.y06 . Oper, WOS DySAcp d l { 12-19 FuelFocus. Discounted Discounted Part D�scriptibn Quantity Price EXt4hded RFC-1500 Terminal - 2 Hose - NO RF 1 $ 5,127.50 $ 5,127.50 HID Proximity Reader Option 1 $ 385.00 $ 385.00 HID Keys 6.00 $ S FleetFocus InfoCenter Reporting 525 $ 2.50 $ 1,312.50 per vehicle module, reports portal, content & scheduler FleetFocus InfoCenter KPI/ Dashboards 525 $ 2,50 $ 1,312.50 Crystal (business Objects) XI RAS license 1 $ 2,500.00 $ 2,5bd:00 t report writer, 3 concurrent users. required for line Item above Fleet locus Integration Licenses .. 1 $ 2,495.00 per vehicle module one time integration fee . iy':•' ` FuelFocus TLS lnterface OPTIONAL $ 1,195 00 $ Works on an^�y, TLS System that supports current Veeder hoot prdtocols 1-1 -,14 ay ".A\c +ia ,. „3.r ,..:.. ,. ,.., .. ,.�sz,_...., _, r...caa .n x...a. to ..,rw .,v+. ��x ..... ve. :sr _'ti„- ..s.. ...;:z.„ _,S^w':. �?. installation -Services .... 16 . $ .. 1.85.00.. $.. ......_.. ....2,960.00.._ Training & Pbel Module Setup Services ' 16 $ 185.00 " $ 2,960.00 Project Management 24 $ 200.00 $ 4,800.00' InfoCenter Deployment Labbr 24 $ 200.00 $ 4,800.00. InfoCenter Modules will require a web server with IIS Estimated Travel $ 450.00 $ 3;600.00 Billed as actual at job conclusion Maintenance & Support - Year One 1 $ 1,261.50 $ 1,261.50 Spare Parts Kit 4 HID 1 $ 5,842.38 $ 5,842.38 SNra;.,�--we+-;�'r,E ti....., Shipping &Handling i $ 95,00 $ 95.00 �.``. l `� .w...�.� xtr.v. ,kl .: i.._ _ ...,, . , � k, ��`_vn,\1': ..._ ...,.��$ .x..T. e 1x, .�. r 1 };',�a u....c.unwr 1.. , v,. ,<,w�. l..a.a..-+.V.� +.?`' ....:sarA4, • �_ .>.....0 n � � :.,:...:c...e.`5�..... Project Total Cost $ 39,451.38 Extended Parts Warranty - Subsequent years - Optional Year 2 $ 681.29 Maintenance and Support Year 2 $ 1,324.58 $ 2,005.87 Asse#Works 13-19 FuelFocus Asset Subsequent Sites: FuelF ,CU,S,TM AssetWorks FuelFocus FMS System City of Denton - Additional Sites HID Only 14-May valid through:, 13-Jul Discounted Discounted Part Description Quantity Price Extended RFC-1500 Terminal - 2 Hose - NO RF 1 $ 5,127.50 $ 5,127.50 �385.00 HID Proximity Reader Option 1 $ 385.00 $ Fleet Focus Integration Licenses 1 $ 2,495.00 $ 2,495.00 per vehicle module- one time integration tee FuelFocus TLS Interface OPTIONAL $ 1,195.00 $ Works on any TLS System that supports current Veeder Root protocols Installation Services 12 $ 185.00 $ 2,220.00 Training & Fuel Module Setup Services 8 $ 185.00 $ 1,480.00 Project Management 4 $ 200.00 $ 800.00 Estimated Travel 1 $ 2,500.00 $ 2,500.00 Billed as actual at job conclusion ^499.00 Maintenance & Support - Year One 1 $ $ 499.00 Spare Parts Kit 4 HID $ 5,842.M `Q T:,i.- .w ,,. Shipping & Handling 1 $ 95.00 $ - 95':00Y al -My--;. ... x..:: ,my .:,;:, _. „.!'ta,c .,::--3'f' ,...-.--'ter . ";-: :.. .z. ma-o �;`.�:.�._ :a "'• ProjecTotal Cost $ 15,601 50. does not include Tax. Customer must upgrade 330.75 Extended,Rarts Warranty - Subsequent years Year 2 .. $ Maintenance and Support Year 2 $ 523.95 . _ $ 854.70 See Installation notes on following page AssetWorks 14-19 FuelFocus NOTES ' 1. This quote is based on site being "FMS Ready". FMS Ready means that all FMS System pedestals will be mounted to the appropriate location. All conduits will be connected between the FuelFocus Controllers. and pumps,, junction boxes and breaker panels: ..Assumes all dispensers. have.. pullers and are fuel system=compatible. All ;wire's will be. pulled and left, disconnected at each end.. See,fuli FMS Ready;d'escription.belo.w.. ;. 2. Does not: include. permits,permit.fees or site as bullt.drawings: 3. Subject to any applicable state and/or local'sales: tax . 4.. Warranty is one (1) year parts with telephone help desk support. Extended warranty plans are available for. subsequent. years.. Following xepresents a:checklist of iteMs:that need:tabe performed to comply with."FM8 Ready 1) Have.an electrical contractor.; mount the,'FMS System pedestals::and fasten.to.concrete. ;. 2) Conduit: Requirements=,Have electrician:run. a:.conduit from the master dispensers to pedestal. as needed. Our electrical requirements•to.each FMS Controller:are.as.follows;. a. We will need dedicated power from a circuit breaker panel to each FMS Controller. The power for each FMS Controller can be pulled off one circuit breaker. b. We will need a dedicated conduit back to the building from each FMS Controller for communication wiring unless RF LAN connectivity will be used. These may be looped also. c. We will need one conduit from the pedestal to be terminated in the dispenser electrical junction box. d. We will either need: 1. A second conduit from the pedestal to the pulser junction box in the dispenser, or 2. The pulser junction box in the dispenser piped over to the electrical junction box in the dispenser e. Contractor must mount WAF Antenna centrally to all fuel lanes if WAF option is purchased. Must have conduit from nearest ICU to this point 3) Cable. Requirements - Have, electrician:pull:the following cables -.leaving: at: least three feet:extra to.: extend above the;:top of the pedestal and as much as:possible to fit. in. the.. electrical junction box within the ; dispensers: The items lettered below correspond with the same letter ofthe conduit:above, a. Three 14AWG minimum THHN gas/oil resistant wires for power, neutral, ground to each FMS Controller from breaker panel. Terminate..at panel; wire nut.,F.MS System ends and: mark breaker, Lock breaker in off position b. Pull whatever cable is appropriate based on client.demands and location. parameters.to..ensure.a reliable TCP/IP ethernet connectivity at the fuel .island. This maybe a CAT.5 cable,.fiber optics`or Rr Ethernet connectivity. If the TLS Interface option is chosen a four conductor shielded cable 22AWG minimum from TLS System to the FuelFocus Controller is also needed. Short haul modems may be necessary and are not included in this quote. c. Pull four 14AWG minimum THHN gas/oil resistant wires to each pump/dispenser (eight.if.it is atwo hose pump/dispenser) electrical junction box for contrcl wiring. One of these wires should be white for neutral. d. Pull a four conductor 22AWG minimum shielded cable to the dispenser for pulses communication. e. Pull the CAT5 wire included with WAF Antenna to the ICU along with a'single 14AWG THHtV'green wire for grounding purposes. 4) Call AssetWorks to schedule a date for final terminations when all of the above is done. Note = all wiring. and. conduits described above are'what is ,needed for: FMS`System-control only. This document assumes the station and dispensers to be wired already. AssetWorks 15-19 FuelFocus NWMIV��l ME Maintenance, Customers utilize the same' FA' maintenance and sup'64 hotline- that they currently use for -software- One Vendor/ One System/ One Support Desk, lmplemeiitation •inciudes, training of a client :technician. (or, mechanic) in the diagnosis and repair of the system at board level and full telephone support.to:help. him..:. diagnose problems in the field. Support may.also encompasses a.. factory: trained, technician .accessing .. the controller via the web to help diagnose problems, download log files for evaluation etc, as needed.:. ASSETWORKS offers a post -warranty (year two) extended parts warranty forof• any.and= all IC.0 replacement parts are included, should a part, fail (this assumes a customer has purchased - at. least; .one _ spare parts kit- does not include` vehicle hardware after year,one):- 'In the eventtof. a failure ,>theJailed part ' is identified: and returned: to the; factory: Jor: repair.. it should be -noted 'that a. replacoment' <part. will -be expressed upon notification of the failure not upon shipment of .the bad part:;: Implementation .Overview , Pre -installation Tasks Prior to installation, communication hardware should be put into place, configured and tested for accessibility where ever possible. Reserve appropriate IP address for each FuelFocus© Island Control Unit (ICU) to be installed: The IP address will get programmed into the ICU at installation. There is,a direct female,.RJ45 connection port inside the ICU. Verify a'valid network connection as close to the Island Control Unitas, possible, preferably inside the`lGU`at the fuel island,:'� ° • .: • Setup`the'Fuel Tanks; Purrrps;'and Fuel Type'sereens in FASuite • Verify all Equipment Units and either Employee's or Operators have Fuel Cards assigned "to thorn • Verify all* E:quiprrient knits have a'Fuel Type assigned • Verify all' Equipment Units have a'capaciiy'setup on the Specifications screen Installation Regiiirements At the time of installation a variety of resources may be required. Key items are: • Appropriate access to the server for software installation and testing. • Availability of System Administrator • Availability;of Network Administrator • Availability of Network Technician NOTE. 'Availability"is. ty&ally.for a short phone call,or conversation. If.should.not require any major time requirements. It is also possible that additional A55ETWORKS personnel. would be required forsupport. during the installation. The availability/authoMy to utilize 'WebFx" for system access for these people would be a big asset. AssetWorks 16-19 FuelFocus. { FuelFocus® Installation Tasks The following is a description of the tasks associated with a generic implementation of. the.FuefFocusO FMS System, Site Survey The site survey is performed to assess the condition of the fuel. site, particularly as it .relates to. the installation of the new FuelFocus® FMS hardware. A Site Survey consists of the following activities for each fuel site to be installed: • Location of the Island Control Unit (ICU), evaluating conveniencefor,fueling; access towiring and controls • Evaluate existing conduit and condition • Evaluate existing wiring and condition • Locate and evaluate communication links, whether. it :. is network. connectivity:. or modem connectivity • Review of tank level sensing and tank alarm equipment The result of .this site survey is a comprehensive report the client may use as specifications and scope of work for all site preparation work that may need to be performed in order to accept the FuelFocus® FMS System.. At this point; the. client may decide to have this work performed by in house tradesman, outside contractors, or simply to add this scope of work to the ASSETWORKS FMS team tasks. ASSETWORKS field technicians are very knowledgeable in project managing this type of work with over twenty years experience in.this.field, Kick=Off Meetin ,,. The Project Kick-off Meeting provides. tho, transition 'from,Marketing to Product Services. The; following activities are accomplished in the Project Kick-off Meeting: Introduce: Project Team •: ...-Review Contract. Deliverables • Review ASSETWORKS and the Client's Responsibilities • Review/Fine tune Project Plan and Develop Project Implementation Schedule • Determine installation roll -out procedures • Review any special site considerations such as CNG stations or Tank Monitoring. Order Hardware Specific hardware requirements will be identified and ordered for delivery.to the appropriate client sites: Installation of.the FA Central Site FMS Communications Software A ASSETWORKS FA FMS Technician comes on -site and installs software necessary for communication to the FuelFocus® ICU's. The ASSETWORKS Technician also works with the client to configure the server and network to ensure communications to each fuel site. Set-up Training for the FA Central Site FMS Software The ASSETWORKS Technician trains and assists the client on the set-up and configuration of the data elements required to place the fuel system in operation. Set-up training includes: • Card or Fuel ID Assignments to existing Equipment, Employees and Departments, adding additional employees or departments as necessary. • Product Set-up and Assignments to existing Equipment, Employees and Departments, adding additional products as necessary • Setting existing FA Locations to be Fuel Sites, adding additional fuel locations as necessary. • Establishing Tank Types and Tank Stick Reading Conversion Tables • Establishing Location Tanks, Hoses and Island Control Units. AssetWorks 17-19 FuelFocus Configure FA Communication Settings + Establish Polling Schedules and ICU initialization process Operations Tralninq'`.. A ASSETWORKS trainer provides on -site training as to the use and. operation of the system. The following items are covered during the Operations Training Session: • Fuel Orders • -. Fuel Receipts ' Transferring Products • Tank Level Reconciliation and Adjustments + Entry of Hose Totalizer Readings FA FMS Reporting ah On-4ine'©isi lays' • Establishing Regular Scheduled Communication Sessions • Mark-up and Billing Options Configuration W1he FA Central Site FMS Software Configuration of the fuel data as described in the Set-up training description. Installation of Site Hardware The site installation is performed in a fashion so that the least amount of downtime will be experienced by the City of Redwood City. No site will be down longer than eight consecutive hours during the transition phase and no two sites will. be down concurrently during the installation phase either. A rollout schedule and the sequential order of sites will be discussed at the Kick Off Meeting. Once the initial site hardware has been installed and communication links established, the initial site 1CU is initialized by the FMS communication subsystem. A series of test transactions are processed using the ICU and a standard communication session is then performed. The results of the test are tlien'..rev'iewed...:..... in the'FA octal ase. 'Any adjustrn 'nts to the iristallatiori process and project ptan are then ,,ade: " Final Load of Central Site Tank Inventory Information As each site is brought on-line, current tank inventory quantities are input to "ensure accurate book quantities exist. Optionally, customers can reconcile tank quantities- autornafically when the first electronic tank level readings are processed by the system. System in Production Once each fuel site has been instailed tested and brought on-line the system is in full production: Hardware Support Training for Island Control Unit Optionally; customers can receive hardware maintenance training;, This. training: allows customers to self, maintain all hardware components of the system. A spare parts kit is recommended. AssetWorks 18-19 FuelFocus References: Customer: Steve Parrot, IT Manager Lane Transit District (LTD) Eugene, OR Tel: 541-682-6136 Since 1970, Lane Transit District has provided transportation services to Eugene -Springfield and the surrounding communities. With a ridership surpassing 11 million boarding annually and a fleet of over 300, LTD implemented the fully integrated, real-time, FuelFocus solution in 2007 to work in tandem with their existing FleetFocus system. In addition to the FuelFocus solution, LTD utilizes mobile and bar- coding devices on the shop floor to maximize productivity and efficiency. Lane Transit Fuel Article: http://www.masstransitmag.com/print/Mass-Transit/Maintenance-Matters/I $5485 Customer: Terry Collins, Maintenance Manager Orange County Santa Ana, CA Tel: 714-834-5319 With six maintenance locations, 80+ employees and some 2300 vehicles, the County of Orange is a long- time FleetFocus customer. In 2007, the County chose to implement the fully integrated, real time FuelFocus across its fueling locations including wireless technology. Customer: Tommy Wallace, IT Manager Memphis Area Transit Authority (MATA) Memphis, TN Tel: 901-722-7150 Each weekday, MATA transports nearly 40,000 riders throughout Memphis and the surrounding areas on 244 transit vehicles including paratransit vans, vintage rail trolleys and conventional accessible buses. In addition, MATA serves four (4) cities in Shelby County and West Memphis in Arkansas. MATA is a longtime FleetFocus customer that implemented FuelFocus in 2005. More Information: • Lane Transit Fuel Article: http://www.masstransitmag.com/print/Mass- Transit/Maintenance-Matters/1$5485 • Fuel System Information: http:/Iwww.assetworks.comiproducts-fuel.pho • Specifications: http://www.assetworks.com/r)roducts-fuel-specifications.ph • Brochure: http://wvrw.assetworks.com/PDF/FuelFocus/AW FueiFocus.pdf • King County Metro Case Study: http://www. assetworks.com/P D F!casestudies/M ETROKinaCo u ntvCaseStudv. odf • Lane Transit Fuel Article: http:/Iwww.masstransitmag.com/r)rint/Mass Trans it/Maintenance-M atters/1 $5485 AssetWorks 19-19 FuelFocus rueungyouce L Station 1;s From 126th/SE192th to Shops Time/Length Mileage/Rd Trp Officer Cost # Trips/Day Total hrs/Day Total cost/Day Hrs/Year Minutes avg $50.27hr 36 14.6 $50.27 16 9.6 $482.59 3504 From 126th/SE192th to Station 13 10 4.2 $50.27 16 2.7 $134.05 973 Savings $348.54 2531 Cost/Year $176,146,08 1 $48,929.47 $127,216.61 From SW43rd to Shops Time/Length Mileage/Rd Trp Officer Cost # Trips/Day Total hrs/Day Total cost/Day Hrs/Year Cost/Year Minutes avg $50.27hr 34 12.4 $50.27 16 9.1 $455.78 3309 $166, 360.19 From SW43rd to Station 13 14 4.8 $50.27 16 3.7 $187.67 1363 $68,501.25 Savings $268.11 1947 $97,858.93 NORTHWEST PUMP & EQUIPMENT SERVICE DEPARTMENT - DENT, WA QUOTE Date 8-13-08 Requested By City of Renton - David Hohn Location: Icity Maintenance Yard Scope of Work Disconnect and remove existing Petro Vend System2. lnstall Maximus island based fuel access control system. Install shielded CAT 5 cable from island controller location to the Administration Bldg. using existing conduit. Terminate conductors at the factory technician's direction and assist m(6hinitialization of the system (up to 8 hours). Quoted price is based on the existing conduiot systems being intact and usuable. Note! Quoted tax excludes taxes and permit fee. Total $5,821.53 Quote valid for 30 days. Bob Schertzi Service Manager Northwest Pump And Equipment 22914 64th Ave South Kent, WA 98032 NOTE: QUOTED PRICE {TOES NOT INCLUDE SALES TAX OR INBOUND FREIGHT. THANK YOU FOR THE OPPORTUNITY TO QUOTE THIS Cont— NORTHWEST PUMP & EQUIPMENT SERVICE DEPARTMENT - KENT, WA QUOTE Date 8-13-08 Requested By City of Renton - David Hohn Location: IFire Station 13, Renton, WA Scope of Work Disconnect and remove existing Petro Vend K800 system. Install Maximus island based fuel access control system. Install shielded CAT 5 cable from island controller location to the Administration Bing. using existing conduit. Terminate conductors at the factory technician's direction and assist withinitialization of the system (up to 8 hours). Quoted price is based on the existing conduiot systems being intact and usuable. Notet Quoted tax excludes taxes and permit fee. Total $5,051.65 Quote valid for 30 days. Bob Schertzi Service Manager Northwest Pump And Equipment 22914 64th Ave South Kent, WA 98032 MOTE: QUOTED PRICE DOES NOT INCLUDE SALES TAX OR INBOUND FREIGHT. THANK YOU FOR THE OPPORTUNITY TO QUOTE THIS Cont... Page -2- GN.W. pump and Equipment, Inc is not responsible for delays in delivery due to strikes, ,accidents, priority restrictions or other conditions beyond our control or its failure or delay to order or deliver the items listed in this quote due to the purchaser's failure to pay N.W.Pump any monies owed on an open job account or job basis. The prices herein do not apply in the event of any underground obstruction, including but not limited to utilities and impenetrable soil, is discovered after this proposal is made. In such event, Buyer is liable for all increased costs. Buyer may cancel by giving written notice, however, Buyer is liable for all costs incurred by N.W. Pump to the date notice is received. Cancellations or returns are subject to a minimum fifteen (15%) percent restocking charge. Payment terms are net 30 days, unless otherwise . specified within. If litigation is necessary to enforce this agreemnet, the prevailing party will be entitled to reasonable attorny's fees. court costs and interest. Taxes are not included in the above quoted amount unless otherwise stated, This quote is valid for 30 days. Accepted By: Hate: Print Marne: Company: e CITY OF RENTON COUNCIL AGENDA BILL AI #: 7 ` Submitting Data: Public Works Department For Agenda of: Dept/Div/Board.. Transportation Systems Division September 21, 2009 Staff Contact...... Ryan Zulauf, Airport Manager, Agenda Status (extension 7471) Subject: Addendum to Pro -Flight Aviation, Inc. Lease LAG-99- 002 Exhibits: Issue Paper Consent .............. X Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... X Study Sessions...... Information......... Recommended Action: Approvals: Refer to Transportation/Aviation Committee Legal Dept......... X Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: An addendum has been drafted to Pro -Flight Aviation's lease, LAG 99-002. This is a condition of Council's approval of a new lease with Renton Gateway Center, and a sublease with Pro -Flight Aviation for a new hangar facility. The draft addendum requires that Pro -Flight Aviation vacate their current hangar location upon the construction of the new hangar by Renton Gateway Center. Under the draft lease addendum, Pro -Flight Aviation will retain a leasehold interest in the current hangar and fuel farm facility. STAFF RECOMMENDATION: Approve an addendum to Pro -Flight Aviation's lease, LAG 99-002, for the vacation of the 540 Hangar building, and authorize the Mayor and City Clerk to sign the addendum. H:\AIR\Projects\Tasks\Agenda bills\Agenda Bill -Renton Gateway Center\Pro-Flight\Agenda bill.doc PUBLIC WORKS DEPARTMENT 5 City of �fft�= �* M E M O R A N D U M DATE: September 21, 2009 TO: Randy Corman, Council President Members of the Renton City Council VIA: �Denis Law, Mayor SC FROM: Gregg Zimmerman, Administrator STAFF CONTACT: Ryan Zulauf, Airport Manager (extension 7471) SUBJECT: Addendum to Pro -Flight Aviation, Inc. Lease LAG 99-002 ISSUE: Should Council approve an addendum to Pro -Flight Aviation's lease, LAG-99-002, for the vacation of their current hangar building? RECOMMENDATION: Approve an Addendum to Lease, LAG-99-002, with Pro -Flight Aviation, Inc. BACKGROUND SUMMARY: Pro -Flight Aviation, Inc. has a current lease for property on the Airport under LAG-99-002. Pro - Flight Aviation currently operates in four separate locations on the Airport, and wants to consolidate their operations into one facility. The City and Pro -Flight Aviation have recently negotiated a new lease, which will allow Pro -Flight Aviation to consolidate their existing operations in one location. The new lease is between the City and Renton Gateway Center, LLC, a new legal entity. Renton Gateway Center, LLC, will construct a new building for aircraft hangar storage and office space, which will be subleased to Pro -Flight Aviation. As a condition of the new lease, Pro -Flight Aviation must vacate their current hangar building, at 540 West Perimeter Road, upon completion of the new hangar building. A new lease addendum to Pro -Flight Aviation's lease has been drafted. Pro -Flight Aviation will retain a leasehold interest in their current hangar location, and may either sublease the hangar, or sell their interest in the hangar per the terms of their current lease agreement. hAfile sys\air - airport, transportation services division\03 projects\Ol tasks\agenda bills\ag bill - renton gateway center lic lease for 750 parcel 09\pm-flight addendum\issue paper.doc Issue Paper Page 2 of 2 September 21, 2009 cc: Peter Hahn, Deputy PW Administrator —Transportation Ryan Zulauf, Airport Manager JoAnn Wykpisz, Principal Financial and Administrative Analyst Connie Brundage, Transportation Administrative Secretary Susan Campbell-Rehr/Carolyn Currie, Airport Secretary h:Viile sys\air - airport, transportation services division\03 projects\0I tasks\agenda bills\ag bill - renton gateway center Ilc lease for 750 parcel 09\pro-flight addendum\issue paper.doc CITY OF RENTON COUNCIL AGENDA BILL Al #: Submitting Data: Public Works Department Dept/Div/Board.. Transportation Systems Division Staff Contact...... Derek Akesson, Project Manager For Agenda of: Septei Agenda Status Extension 7337 Consent .............. Public Hearing.. Subject: Correspondence.. Final Design and Right -of -Way Acquisition Contract Ordinance ............. with KPG, Inc. for the Rainier Avenue South (SR 167) Resolution............ South Grady Way to South Second Street Project Old Business........ Exhibits: New Business....... Issue Paper Study Sessions...... Final Design and Right -of -Way Acquisition Contract Information......... 2010-2015 TIP #3 ber 21, 2009 FQ X Recommended Action: Approvals: Legal Dept......... X Refer to Transportation (Aviation) Committee Finance Dept...... Other ............... Fiscal Impact: (T12703 f102 0018 ) Expenditure Required... $ 3,095,862 Transfer/Amendment....... Amount Budgeted....... $ 11,237,592 (2009) Revenue Generated......... $ 4,500,000 Total Project Budget $ 39,641,933 City Share Total Project.. SUMMARY OF ACTION: The Preliminary Engineering/Environmental Documentation (PE/ED) phase of the Rainier Avenue South (SR 167) South Grady Way to South Second Street Project is nearing completion. The project is entering the final design and right-of-way acquisition phase. To complete this phase, a new contract with KPG, Inc. is required. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the Final Design and Right -of -Way Acquisition Contract with KPG, Inc. for the Rainier Avenue South (SR 167) South Grady Way to South Second Street Project (TIP #3). H:\Division.s\TRANSPOR.TAT\DESIGN.ENG\PROJECTS\T12703 - Rainier Ave - Grady Way to S. 2nd St\TED 40_3430 (Rainier Ave. Street Improvements)\City\Agenda Bill - KPG Final Design & ROW contract.doc PUBLIC WORKS DEPARTMENT p of M E M O R A N D U M DATE: September 21, 2009 TO: Randy Corman, Council President Members of the Renton City Council VIA: ��Denis Law, Mayor FROM, �`� Gregg Zimmerman ministrator STAFF CONTACT: Derek Akesson, Transportation Design Project Manager (extension 7337) SUBJECT: Final Design and Right -of -Way Acquisition Contract with KPG, Inc. on the Rainier Avenue South (SR 167) South Grady Way to South Second Street Project ISSUE: Should the Council authorize the Mayor and City Clerk to execute the Final Design and Right-of-way Acquisition contract with KPG, Inc. for the Rainier Avenue South. (SR 167) South Grady Way to South Second Street Project? RECOMMENDATION: Authorize the Mayor and City Clerk to execute the Final Design and Right -of -Way Acquisition Contract with KPG, Inc. for the Rainier Avenue South (SR 167) South Grady Way to South Second Street Project. BACKGROUND: The Preliminary Engineering/Environmental Documentation (PE/ED) phase of the Rainier Avenue South (SR 167) South Grady Way to South Second Street Project is nearing completion. The project is entering the final design and right-of-way acquisition phase. To complete this phase, a new contract with KPG, Inc. is required. cc: Peter Hahn, Deputy Public Works Administrator —Transportation Bob Hanson, Transportation Design Supervisor Juliana Fries, Program Development Coordinator Connie Brundage, Administrative Secretary H:Division/Trans/Design/Projects/T12703-Rainier Ave — Grady Way to S 2nd St/TED 40_3430 (Rainier Ave Street Improvements/City/Issue Paper— KPG Final Design & ROW contract.doc LocalAgency Consultant/Addressrrelephone KPG, Inc. Standard Consultant 753 9thAve North Agreement Seattle, WA 98109 ® Architectural/Engineering Agreement ❑ Personal Services Agreement Agreement Number 206-286-1640 Project Title And Work Description Rainier Ave S (SR 167) - S Grady Way to S 2dd St Federal Aid Number Final Plans, Specifications, and Estimates Agreement Type (Choose one) ❑ Lump Sum Lump Sum Amount $ ® Cost Pius Fixed Fee Overhead Progress Payment Rate 163.63 Overhead Cost Method DBE Participation- ❑ Actual Cost ❑Yes ®No Federal ID Number or Social Security Number ❑ Actual Cost Not To Exceed % - 91-1477622 ® Fixed Overhead Rate 30 % Do you require a 1099 for IRS? Completion Date - Fixed Fee $ ❑ Yes ® No December 31, 2012 Total Amount Authorized $ 2,995,862.00 ❑ Specific Rates Of Pay ❑ Negotiated Hourly Rate ❑ Provisional Hourly Rate Management Reserve Fund $ 100,000.00 ❑ Cost Per Unit of Work Maximum Amount Payable $ 3,095,862.00 Index of Exhibits (Check all that apply): ® Exhibit A -I Scope of Work ❑ Exhibit A-2 Task Order Agreement ❑ Exhibit B-1 DBE Utilization Certification ® Exhibit C Electronic Exchange of Data ❑ Exhibit D-1 Payment - Lump Sum ® Exhibit D-2 Payment - Cost Plus ❑ Exhibit D-3 Payment - Hourly Rate ❑ Exhibit D-4 Payment - Provisional ® Exhibit E-1 Fee - Lump/Fixed/Unit ❑ Exhibit E-2 Fee - Specific Rates ® Exhibit F Overhead Cost ® Exhibit G Subcontracted Work ® Exhibit G-1 SubconsuItant Fee THIS AGREEMENT, made and entered into this ❑ Exhibit G-2 Fee -Sub Specific Rates ' ❑ Exhibit G-3 Sub Overhead Cost ® Exhibit H Title VI Assurances ® Exhibit I Payment Upon Termination of Agreement ® Exhibit J Alleged Consultant Design Error Procedures ® Exhibit K Consultant Clain! Procedures ❑ Exhibit L Liability Insurance Increase ® Exhibit M--la Consultant Certification ® Exhibit M-lb Agency Official Certification ® Exhibit M-2 Certification - Primary ® Exhibit M-3 Lobbying Certification ® Exhibit M4 Pricuig Data Certification ❑ App. 31.910 Supplemental Signature Page day of , 2009 , between the Local Agency of City of Renton , Washington, hereinafter called the "AGENCY" and the above organization hereinafter called the "CONSULTANT". DOT Form 140-089 EF Page 1 of 8 Revised 312008 WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and 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: I 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 d related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. 11 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. Tlie 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 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 ofthe 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/M/WBE 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 furnished 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 1V Time for Beginning and Completion The CONSULTANT shall not begirt 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 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 Nvork. 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 minimtun 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 tinder 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. Vlll 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 a (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 "IT' 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 anytime 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"[" 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 tlte. 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. Uthe 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". XI1 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 hi. 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 0 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 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 shalt 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 by'are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M -2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit'V 3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M4" 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 ) of th REEWNT. BY l _ By Co ns ti , I�►�l _ Agency City of Renton DOT Fofm 140.089 FF ROVkOd 312006 Page a of 8 Exhibit A-1 City of Renton Rainier Avenue S (SR 167) SW Grady. Way to S 2"d Street KPG Inc Scope of Work September 1, 2009 Final P S & E and Construction Services A. Project Description The City of Renton plans to improve Rainier Avenue between SW Grady Way and S Second Street with the following improvements: • Convert the outer lanes (1 in each direction) to Business Access/Transit (BAT) Lanes • Add a new northbound lane between S 71h Street and. S 4d' Place • Add a second southbound to eastbound left turn lane at the S 7th Street intersection • Add a northbound left turn lane at 4th Place • Add a new southbound lane between Grady Way and Hardie Avenue • The proposed roadway section will consist of: 0 8' wide sidewalks 0 5.5' wide planter strips including curb 0 13' wide BAT lanes o I I' wide GP lanes o 17' wide left turn lane/median • Install.new curb, gutter and 8' wide sidewalks with landscaped/irrigated 5.5' wide planters wherever possible • Install landscaped/irrigated center medians wherever possible • Modify the signal at Grady Way to accommodate the new improvements • Install new traffic signals at the 7th Street, 0' Place, 3rd Place_, 3rd Street and 2"d Street intersections • Modify storm drainage, water and sewer systems as necessary to accommodate the proposed roadway improvements - • Install curbing and medians to control left turns and provide for. U-turns at intersections • Resurface Rainier Avenue • Install a new lighting system comprised of decorative pedestrian/street poles • Modify franchise utilities as necessary to accommodate the proposed roadway improvements • Install street furniture (trash receptacles, bike racks, benches) along the corridor • Install gateway treatments at the Grady Way intersection, Sunset Boulevard intersection and the BNSF Railroad Crossing Rainier Avenue S 1 of 10 KPG PS & E / Construction Svcs Exhibit A-1 • Install decorative bus stop and intersection paving treatments to promote the urban design character of the corridor The goal of this project will be to improve -transit speed, reliability and access, provide for general purpose traffic flow and develop a more pedestrian friendly urban designed signature street along Rainier Avenue to promote more connectivity, better identity and create a vibrant downtown retail district. B. Deliverables Consultant deliverables are described in each task of the Scope of Work. The City of Renton shall provide the following: • Recent land use approvals including building and site plans • Plan reviews, comments, and approvals • Preliminary water system upgrade plans • Property owner / business mailings • Value engineering (if necessary) • Meeting room arrangements • Funding commitments • Sound Transit, WSDOT, TIB coordination lead • Advertisement for bids • Construction management / inspection Assumptions • This work effort will develop Bid Documents based on the approved 30% Improvement Plan C. Current Project Status • NEPA Approval • SEPA Checklist completed and comment period over • Channelization Plan is in to WSDOT for final.review and approval D. Proposed Schedule The proposed work shall be accomplished in accordance with the schedule shown as exhibit A-3. E. Scope of Work Task 1— Management / Coordination / Administration (Design) 1.1 The Consultant shall provide continuous project management for the project duration (estimate 18 months). Construction is to start at the end of 2010. Rainier Avenue S 2 of 10 KPG PS & E / Construction Svcs Exhibit A-1 1.2 The Consultant shall prepare a comprehensive schedule and provide updates as necessary. 1.3 The Consultant shall prepare monthly progress reports identifying work in progress, upcoming work elements, and a reporting of any delays, problems, or additional information needs. 1.4 The Consultant shall provide management and administration of all subcontractors included in this scope of work. 1.5 The Consultant shall prepare for and attend coordination meetings with City 'staff : at regular intervals in the design process to discuss key issues and track progress (estimate 36 meetings). Deliverables: ` • Project schedule and necessary updates • Monthly progress reports and invoicing • Meeting agendas and summary of decisions made/needed resulting from design coordination meetings Task 2 — Quality Control / Quality Assurance _ The Consultant shall provide internal QA/QC reviews of the following major work elements prior to submittal to Renton. 2.1 Provide senior review of 60% plans, specifications, and estimates. 2.2 Provide senior review of 90% plans, specifications, and estimates. 2.3 Provide constructability/claim avoidance review at 90% completion stage. Deliverables: • QA/QC Review Checklists of each review Task 3 — Survey 3.1 The Consultant shall provide supplemental field surveying in key locations as necessary (such as extended driveway reconstructions, retaining wall footings, new developments, off site stormwater facilities, :etc.) update basemaps and incorporate new data into digital terrain model (DTM) for the project site. 3.2 The Consultant shall stake right-of-way and improvement locations as necessary to support the right-of-way negotiations with property owners. 3.3 The Consultant shall survey up to 40 utility potholes performed during final utility coordination. Rainier Avenue S 3 of 10 KPG PS & E / Construction Svcs Exhibit A-1 Deliverables: • Electronic copies of the completed base map will be available to the City upon request. Task 4 — Public Involvement 4.1 The Consultant shall prepare for and attend one (1) community open house meeting. Meeting location will be secured by the City. 4.2 The Consultant shall attend one-on-one meetings wilk affected property owners along the corridor to discuss the project, private property impacts, and/or right of way and easement needs (estimate 50 meetings). 4.3 The Consultant shall prepare newsletters (estimate 2) to inform citizens/businesses of design progress. Preparation of distribution lists and mailing will be by the City. - 4.4 The Consultant shall prepare graphics and monthly update reports for posting on the City's project web page. 4.5 The Consultant shall prepare for and attend up to 2 City Council Meetings to update council on project progress and receive input. Deliverables: • Newsletter • Community meeting graphics • Council meeting graphics • Notes and graphics from property owner meetings Task 5 — WSDOT Coordination WSDOT approvals are anticipated to include channelization, signals, illumination, and right of way plans for the entire corridor. 5.1 The Consultant shall attend up io 4 coordination meetings with WSDOT to ' - provide updates on design progress and coordinate any channelization plan changes that may come up. 5.2 The Consultant shall. document meeting notes and phone correspondence with WSDOT. Deliverables: • Meeting notes and correspondence Task 6 — Sound Transit Coordination Sound Transit approval of the Bid Documents is required. Rainier Avenue S 4 of 10 KPG PS & E / Construction Svcs Exhibit A-1 6.1 ' The Consultant shall attend up to 6 coordination meetings with Sound Transit to obtain review and approval. 6.2 The Consultant shall prepare, submit, and respond to Sound Transit comments. 6.3 The Consultant shall document meeting notes and correspondence with Sound Transit. Deliverables: • Meeting notes and correspondence Task 7 — Utility Coordination 7.1 Coordinate with the utility companies and identify locations. for potholing based on the preferred design alternative. Consultant will prepare a potholing plan for review and approval by the City. Pothole locations will be marked with pins to identify depth from existing grade to top of their facilities. This information will be incorporated into the matting accordingly. Depths of utility lines located by potholing will be designated by a symbol in the plans and provided to the construction consultant. Survey of potholing information will be included in task 3. 7.2 The Consultant shall distribute mailings and distribute plans to franchise utility purveyors along the corridor in order to facilitate relocation and adjustment coordination. The Consultant shall assist the City with coordination of franchise agreements. 7.3 The Consultant shall coordinate with franchise utilities to incorporate the necessary relocations, adjustments, or upgrades into the project design. Design of franchise utility relocations, adjustments, or upgrades will be completed by the utility owner and is not included in this scope of work. J 7.4 The Consultant shall document meeting notes and phone correspondence with all franchise utility purveyors to ensure that utility coordination is documented. Deliverables: • Meeting notes from utility coordination Task 8 — Geotechnical Investigation 8.1 The Consultant shall coordinate geotechnical engineering work as follows: • Drilling of 6 GeoProbe boreholes in support of the Phase II ESA Site Assessment • Provide geotechnical engineering services in support of continued design development Rainier Avenue S 5 of 10 KPG PS & E / Construction Svcs Exhibit A-1 Deliverables: • Summary of geotechnical logs of borings • QA/QC review comments on plan submittals • Engineering details for segmental block wall designs Task 9 — Environmental Documentation 9.1 The Consultant shall coordinate a Phase II ESA Site Assessment of the project area to determine the extent of soil contamination and develop construction details and specifications to deal with contaminated soils if encountered during =. the roadway construction. 9.2 The Consultant shall coordinate the preparation of a Phase I_II cleanup plan for -the contaminated soils area. - 9.3 The Consultant shall coordinate continued environmental analysis on the project to include additional cultural resource work and contaminated soils remediation. Deliverables: . • Phase II ESA Report • Phase III Cleanup Plan • Continued Cultural Resource Documentation • Biological Assessment Updates • Contaminated Soils Handling/Remediation Plan Task 10 — Prepare Final Plans, Specifications and Estimates 10.1 The Consultant shall prepare 60% design plans of all project features based on the final 30% layout. 60% Plans will include vertical design information and type, size, and location for required retaining walls and preliminary construction sequencing. 10.2 The Consultant shall calculate quantities and estimate construction costs. 10.3 Following City review and comments on the 60% submittal, the. Consultant shall incorporate review comments and prepare 90%.design documents, contract specifications and revised construction cost estimate. .: The plans shall show complete details for the construction of the proposed improvements, including: • Construction control points • Limits of construction and removals • Curb, gutter, sidewalk and pavement layout • Storm drainage layout • Grading • Retaining walls Rainier Avenue S 6 of 10 KPG PS & E / Construction Svcs Exhibit A-1 • Utility relocations/adjustments/installations • Erosion control • Channelization and signing - • Signals and lighting • Landscape and irrigation • Urban design/gateway features • Property access/construction staging plans 10.4 The Consultant shall submit 90% contract documents (plans, specifications and cost estimate) for City review and comments. 10.5 The Consultant shall incorporate City review comments and finalize the contract documents including preparation of engineer's construction cost estimate ready for bid advertisement. The anticipated plan sheet count is; • COVER 1 • INDEX 1 • LEGEND 1 • ABBREVIATIONS & SURVEY CONTROL 1 • TYPICAL SECTIONS 3 • DETAILS 3 • CONSTRUCTION SEQUENCING PLANS 12 • CONSTRUCTION SEQUENCING DETAILS 3 • PHASE III CLEANUP PLANS 6 • SITE PREPARATION & TESC PLAN 12 • SITE PREPARATION & TESC DETAILS 1 • ALIGNMENT PLAN 12 • PROFILE 12 • DRIVEWAY PROFILES 6 • RETAINING WALL ELEVATIONS / DETAILS 6 • STORM DRAIN PLAN 12 • DRAINAGE DETAILS 1 • ISLAND & MEDIATION DETAILS 2 • CHANNELIZATION & SIGNING PLAN 12 • ILLUMINATION PLAN 12 • ILLUMINATION DETAILS 1 • SIGNALIZATION PAN & WIRING DIAGRAM _ 18 • SIGNAL POLE SPECIFICATIONS - - 2 • LANDSCAPE PLAN & PRELIMINARY PLANT SCHEDULE 13 • PRELIMINARY URBAN DESIGN PLAN & DETAILS 2 • WATER & SEWER PLANS 12 Deliverables: • 15 sets of 60% Submittal (I -unbound) • 15 sets of 90% Submittal (1 unbound) • 5 sets of Bid Document Submittal • 40 sets of Bid Documents for Bidding (reduced size) Rainier Avenue S 7 of 10 KPG PS & E / Construction Svcs Exhibit A-1 • 10 sets of full sized plans • Electronic copy of all plans, speculations, cost estimates and bid package • 1 set of calculations - Task 11— Right of Way 11.1 The Consultant shall provide all appraisal and right-of-way acquisition services necessary for the project in accordance with Federal Guidelines. It is anticipated that 57 parcels will require right-of-way takes and/or easement acquisition and up to 3 business relocations. Deliverables: • Right-of-way appraisal, review appraisal, relocation, and negotiation documentation Task 12 — Grant Funding Assistance 12.1 The Consultant shall assist the city in securing additional Grant Funding for the proposed improvements. Grant funds to be considered include the TPP and AIP programs with the Transportation Improvement Board. Deliverables: • Grant applications and support attachments • Grant progress reports • Grant agency coordination Task 13.0 — Bid Phase Support 13.1 The Consultant shall provide bid phase support services that includes answering questions from bidders, preparing addendums if necessary, attending the bid opening, preparing the bid tabulation, checking contractor references and making a Bid Award recommendation. Deliverables: • Contractor contact notes • Addendums if necessary • 1 electronic copy of bid tabulation • Contractor reference check report • Award recommendation memo Task 14.0 — Construction Services The scope of work is provided to include engineering support throughout the construction phase of the Rainier Avenue S (SR 167) Project. This task will be executed only by written authorization from the City to the consultant. This work includes preconstruction Rainier Avenue S 8 of 10 KPG PS & E / Construction Svcs Exhibit A-1 support, construction phase services, on -call construction surveying, and preparation of record drawings as described herein. 14.1 The Consultant shall provide continuous project management for the construction period duration (estimate 18 months). This shall include preparation of monthly progress reports identifying work completed in the previous month, work in progress, upcoming work elements, and reporting of . any delays, problems, or additional information needs. These reports shall be submitted with the Consultant invoices. 14.2 The Consultant shall provide -on-call support, which may include, attending preconstruction meeting, weekly progress meetings, review shop drawings, accuracy checks of construction surveying and staking, interpretation of plans and specifications, and construction change order assistance on an as -needed basis. Specific tasks are anticipated to include: • Preconstruction Services: Assistance V with utility coordination, coordination with City field and administrative staff, attendance at preconstruction meeting and other support as requested by the City in preparation for construction. " • Construction Meetings: Attend weekly construction meetings or other project meetings at the construction site to review, in conjunction with the City, the Contractor's progress and construction schedule. Weekly attendance is not anticipated for the project duration; however, the project design engineer and other engineers will attend as requested. Provide feedback and follow up as appropriate. • Submittals: Review and comment on the Contractor's submittals, including shop drawings. • Interpretation of Plans and Specifications: Provide technical assistance to clarify and interpret the contract documents at the request of the City. Assist the City in answering Contractor questions. Respond -to requests for information (RFIs), prepare requests for quotation (RFQs), and prepare construction field directives (CFDs). • Change Order Assistance: In the event that the provisions of the Contract Documents need to be revised, prepare the necessary revisions to the drawings and specifications. • Subconsultant Construction Support: Project Subconsultants for geotechnical and environmental cleanup (GeoEngineers) will be retained for construction support on an as requested basis. Budget allowances for each Subconsultant are shown on the attached reimbursable breakdown. Rainier Avenue S 9 of 10 KPG PS & E / Construction Svcs Exhibit A-1 • Assist with preparation and attendance at special events, such as public meeting, groundbreaking, ribbon cuttings, council updates, and other events as requested. 14.3 The Consultant will provide construction surveying and staking on an as requested basis. Primary survey will be provided by the Contractor; however, the City may request verification survey and staking or assistance with as -built survey. We have included an allowance of 80 hours of survey crew time with necessary office support. 14.4 The Consultant will provide record drawings within 60 days of receipt of information provided by the construction contractor and the City of Renton. Deliverables: • Monthly progress reports (18 months) • Documentation as requested in support of on -call construction support • Record Drawing Mylars (full size) • Half-size copy of draft • Full-size and half -size -copies of final record drawings • Electronic files Task 15 — Additional Services The City may require other services of the Consultant. These services could include additional survey, off -site mitigation design, property acquisition services, additional permit support, or construction management and inspection. At the time these services are required, the Consultant shall provide the City with a detailed scope of work and an estimate of costs. The Consultant shall not proceed with the work until the City has authorized the work and issued a notice to proceed. Additionally, a Management Reserve Fund has been established under this supplement to support, offer recommendations, and design gateway treatments on Rainier Avenue. All work associated with the gateway treatments and any other work that the City deems necessary, shall be executed by the Consultant only when written approval is obtained from the City authorizing the use of the Management Reserve Fund. Rainier Avenue S 10 of 10 KPG PS & E / Construction Svcs Rainier Avenue - Final Design (Exhibit A3) F— Public Ourtrasch "I days U-Arnffl. Mar 71VIO P.Ml. Out—h F— Project Informational Flyer Review and Disbursement 5 days Moa&131,09. Id W40 " P -4 I.I.—Vanal R). Red - Property Owner One-on�One Meetings 30 dlys, Man 917M) FA 10118" frli— .ro.. Project Open House Flym Review and amiallon 5 V- 7JJ/l W FO 2WlO 0. -P "I V*n nouse Flyu RWm and C111.1-11-n Council Meeting 1(60% Design) Iday ihm2*Vlo . M. MVIG Cal, mo U"Ung 1(60% Design) Project Open House I day. 1,1�2&VIO' lAw 2=1 Pro1N1 op.. It.... Council Maeuna 2 (90% Destan) 1 doy,Mn 71S10. M. VSM 11 M.MhV 2 (90% 0.119a) b—'Environmental 166 days' Man SAUDI; rowwic 46 dly. Mon On ult� Review Phase I ESA Eavl,on—lat i 'P Ravvisn Pl— I E& Fr- 12— Phase 11 ESA aoky. M. falm: FA V16110 I ESA IY- 00 M.11181V 0: Fd 4MIC Phase III ESA 280 dsy.� LI-1/31/09 Fri WHIR Riht of Wa gy qp— z Phase In ESA I0 ht I Way R- 15 rd— Relocation Plan (Completed By 8/31/09) 1 dy. LI-ami/M i 0,1—tlan Plan (C—PI.t.d 9 0100) F7— Sign Appraisals (Completed by 801/N) I day MonV31M, M—"IMQ IBIS. APPI.I.-l- (CO-PlMd 0 U3 arr) 18-- Prepare Dead Take Legals and Exhibits 20 day. M.M1109. Id M M9 =:P.p ... Wad T.M Legal a E.hlbu. ig— Prepare Easement Legate and Exhibits 20 days, Mcarl/09. , Fd W2M i a II;= .P epamEnerasnlL* A am EAM!s Appraisals M days, MonVJlM, Fd 11/2M ppral!als zt Appralial Reviews 20 dr monlIMM Id 10/16VO pral. In, I—. NegogaVom, J title Closing led days Man IV21M d., 14.nawlo Fd 11,27110 Fd"4110 Certifications 20 25 First Design :M" "In Fri 10115110 MON.19a 9-- Prepare 60% Plans 80 ES*WtOS I'd 11200 I IJ— % Plant and E.d.. 0— City Review of 60% Plans and Estimates 15 days: Mon 2jyfo FrI2119110 * cityn,*160%Plens ad Esdamt4a W— prepare 90% Plans, Specifications. and ES11metell Mays; Mwr ,Nlo FAGMVID 90%Mal. a Pal 9— City Review of 90% Plans, Specificallona, and EsOmates IS drys; Mm V14110 HMO ly Flevl— o"% I I 55— Prepare Final Plans. Spedfications, and Estimates So Nye! Morl?,S(4 I FAV12MIC P", T'— City Review of Final Plans, Specifications. and Estimates Isday.; Mon V27116 Fd 1011VIC I Ad,Bid, and Award 51 days; Men 10111Vd., Man IM7110 54 TIS Advertisement Approval 5 days Mon lrylviti. Fd IW2110 Local Programs Advertisement Approval 5 dya: hin 1616116 FA IGWIO OB Advertise for Bids 16 day,; teen 1012WI6 For IM2110 .... . ------ Task 9�9 E.WMIT.A. SO — 1. — I ... ... pmlads-y G, ...__......__.—, EmamoMbet— 4 ;brat TIIH/Clofing flo.fion. w lara, Speclffi.-fiom, .0 lZafim-t" and E.dm— City rleNA w or FMA Prm% Spnnwfioni, sad Esda,fitas BM, and Award TrB Adv.rl"al Approval Lld Programs Advelft—M APlx—1 Wed 11FI8/09 Page I Rainier Avenue - Final Design (Exhibit A3) So task N� I r 1`2 "T Jul%,11M. FebAfar �Atz Jun Jul Ott 'w Doc Jan Feb Mar Ak A 3?Plapare Addenda — —R.V—t. Prep— MOM. .4 Fk.p-d W 0-11- -3V AIWW Bld opening O-Y, MMI1116r1a Milimmc I Attend Did OpMWV E"kuft Bids and Prepare Bid Tabul~ P,� Reomndation for Award to Owncil 6 dya . T-111terto M.11nVIC 16 eyf, T.01MO Mm 1703fig E," Sift and Ptcpne OM TOW9U9n R—MmOm Im Awd ft!D-11 41 PtOVWO UGE 10 TTS Before ConsbWlon to arysj Tug Iimwiq man ImI114PrwMe twE I. Tip 8.1— C9.t,.U- 6bialn Cor"ItOdW CWMCt NUmbOr From Local Pw9mm 10 dayV Tue IVMICI. Men 124MO alit C—U." C-W..tnumber Fran lout p(w8mS O Preemsouction 991 tlrye.T- 1110119 ProomSIMCGon CoherenceI day Tw III III I I- IIIIIII Mobilinflon and Contractor Submittals w ft", Wed 111m 1. Tw MV ~2123111. T.wl&,:l F1.1,111 ILI z.Um — and C,mr aubndtlele c proe.. QP�V EA—dTUM Pmed Exterwe.one 4 Wed 6/19109 Page 2 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 electronicfiles 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 A. Agency Software Suite B. Electronic Messaging System C. File Transfers Format DOT Form 140-009 EF Exhibit C Revised 6105 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 1I, "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 ofthis 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 6108 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 and records 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. 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 Cost b. The billing for Direct Non -Salary Costs shall include an itemized listing of the charges directly identifiable wh the PROJECT. c. 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. d. 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.pai&in . the progress payments will be covered in the final payment, subject to the provisions of Section IX entitled "Termination of Agreement." S. 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 tinder 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. KPG CONSULTANT FEE DETERMINATION SUMMARY OF COST City of Renton Rainier Avenue S (SR 167) SW Grady Way to S 2nd Street Preparation of Final Plans, Specifications and Estimates (P, S & E) Construction Services Classification Senior Engineer Project Manager Project Engineer Design Engineer Surveyor CADD Technician Administration Direct Salary Cost Total Hours $62.50 $48.08 $40.87 $38.46 $48.46 $31:08 $21.63 Exhibit E-1 Direct Salary Total Cost 1096 $68,500.00 1930 $92,794.40 2688 $109,858.56 4456 $171,377.76 220 $10,661.20 - 6072 $188,717.76 598 $12,934.74 DSC. Subtotal 17,060 $654,844.42 Overhead (OH) Cost (Include Salary Additives) OH Rate x DSC of 163.63% $654,844.42 Fixed Fee (FF) FF Rate Direct Reimbursables Mileage Reproduction APS 30.00% $654,844.42 Subconsultants Fehr & Peers GeoEngineers Pharos/HDR Jacobs Widener Associates GHD/Rosewater GeoEngineers (Construction allowance) $1,071,521.92 $196,453.33 DSC Total $1,922,819.67 $3,000.00 $30,000.00 $25,000.00 Reimbursable Total $58,000.00 $156,887.00 $77,387.00 $420,095.21 $31,961.49 $80,000.00 $223,712.00 ,015,042.70 Total Agreement Amount $2,995,862 He: Rainier Fee Final 080509.xis Date: 9/8/2009 Page 1 of 1 KPG EXHIBIT E-1 Summary of Cost BUDGET ITEM BREAKDOWN City of Renton Rainier Avenue S (Sf 167) SW Grady Way to S 2nd Street Preparation of Final Plans, Specifications and Estimates (P, S & E) Construction Services Budget Item 60% Submittal 90% Submittal Bid Document Submittal Construction Services Budget Amount $ 1,348,431.00 $ 1,018,164.00 $ 299,651.00 $ 329,616.00 Hour Summary KPG EXHIBIT E•I Hour and Fee Estimate City of Renton Rainier Avenue S (SR 167) SW Grady Way to S 2nd Street Preparation of Final Plans, Specifications and Estimates (P, S & E) Construction Services September 1, 2009 Task Description CATEGORY & HOURS TOTAL COSTS Profn Mgr Engr rq. Engr Ertgr rvey CADD Tech. Admin 1.00 2.9363 Direct Direct $62.50 $48.08 $40.87 $38.46 $48.46 $31.08 $21.63 Hours Cost Cost 1 PROJECT MANAGEMENT/ COORDINATION /ADMINISTRATION General Project t (10 months 18 36 36 0 0 0 36 126 $5,106 $14,992 Prepareandmafntaln o schedule 4 e 16 16 0 0 0 44 $1,904 $5.590 prepare rm r a and Irrmces 18 18 0 0 0 0 18 64 $2 380 $6,988 Man ent and administration of suboonsultams 8 16 0 0 0 0 8 32 $1,442 $4.235 My staff 0000rdinatlon me estlmate 36 36 36 0 0 0 0 8 80 $4.164 $12,107 Subtotal: 84 114 62 16 0 0 70 336 $14,986 $44,003 2 QUALITY CONTROL QUALITY ASSURANCE 60% GAM 16 16 0 0 0 0 4 36 $1,856 $5,449 90%QAMC 16 16 0 0 0 0 4 38 $1856 $5.449 ConWctal>�y/Clalm Avddance 24 24 0 0 0 0 4 52 $2.740 $8,047 Subtolal: 66 56 0 0 0 0 12 124 $6,452 $18 045 3 SURVEY AND BASE MAPS .Supplemeotel Survey0 0 0 80 80 80 0 240 $9,440 $27,719 of-wa st 0 0 0 40 40 40 0 120 $4,720 $13859 Suwq of u to 40 tocatford 0 0 0 0 20 20 0 40 $1 591 $4.671 Subtotal: 0._ 0 0 120 140 140 0 400 $15,751 $46,249 4 PUBLIC INVOLVEMENT P for and attend one 1 meotfn 8 16 16 16 0 24 8 88 $3 458 $10,152 Attend one -on -ow owrwmeett (esi 50) 48 48 0 0 0 0 8 104 $5,481 $16,094 P e newsletters est 2 4 8 16 16 0 16 8 68 $2,574 $7 659 Prepare graphics and monthly updates for city web site pstirg 0 4 8 24 0 36 8 80 $2,734 $8,029 Prepare for and attend two count mee fts 8 16 16 16 0 24 8 88 $3,458 $10,152 Subtotal: 68 92 56 72 0 100 40 428 $17,704 $61985 WSDOT COORDINATIONhau ka WSDOT coordon rw (est4 8 16 18 18 0 is 4 76 $3,122 $9,168 Document me rates end owes erne wtlh WSDOT 0 4 4 0 0 4 4 16 $567 $1 664 subtotal: 8 20 20 16 0 20 8 92 $3,689 $10,sm SOUND TRANSIT COORDINATION Sound Transit Coordination mee est. a 12 16 16 16 0 16 8 84 $3,459 $10,156 Prepare, sutxnit and respond to ST comments 0 4 8 16 0 16 4 48 $1 718 $5.046 Document meet notes and comes dense with ST 0 4 4 0 0 4 4 16 $567 $1,684 L7 Subtotal: 12 24 28 32 0 36 16 148 $ 744 $16,866 UTILITY COORDINATION Prepare pottwing plan 0 1 0 8 16 1 0 24 0 48 $1,688 $4,957 Distribute plan IMonrwfbn to utlVes 0 O 4 8 0 8 8 28 $893 $2 622 Coordinalbn for rebcaeons, a anst o1 frandose utintes 0 4 8 16 0 16 4 48 $1.718 $5.046 Franchise 000rdiiwWn me ast 4 8 8 8 0 0 0 4 28 $1,298 a812 Subtotal 8 12 28 40 0 48 16 152 $5598 S16,436 8 GEOTECHNICAL INVESTIGATION Coorfnate geNedykal womilan ptan for Phase It ESA 0 1 4 1 8 6 1 0 1 16 1 4 40 $1,411 $4,142 Smotat 0 1 4 1 a 8 1 0 1 18 1 4 40 $1.411 $4,142 Rainier Fee_17Inal 08050gids Date.Wl/2009 Page 1 of 2 Hour Summary KPG EXHIBIT E-1 Hour and Fee Estimate City of Renton Rainier Avenue S ( SR 167) SW Grady Way to S 2nd Street Preparation of Final Plans, Specifications and Estimates (P, S & E) Construction Services September 1, 2009- Task Description CATEGORY & HOURS TOTAL COSTS Froj Mgr senior Engr I PM. Engr I D8s Engr I SurysYrOMT—Adin Tech 1.009$2197t5 DIrec1 2.60 .08 0.87 6 .08 2 , Flours cost 9 ENVIRONMENTAL DOCUMENTATION Coordnate Erwlionmental DOWmeraetbn Phase 11 ESA, Phase III, and cultural resources 12 24 60 40 0 40 16 192 $7,484 Sublotat 12 24 60 40 0 40 16 192 $7,484 10 PREPARE P., S., & E Piepars W*4 Subrrattal 240 480 1 720 1440 0 1920 40 4,840 $183,426 $538,594 Catcutate OuantKles and Cost Estimate 8 16 24 40 0 40 8 136 1 $5,205 ..- $15 283 P 490%SubrMtal 240 480 720 1440- 0 1920 40 4840 $183,426 $538,594 jPrepare ea Documanle 120 240 360 720 0 12W 40 2,680 $99,605 $292,470 Subtotal: 608 1218 1824 ' - 3640 0 5M 128 12496 $471 662 $1,384 940 11 RIGHTOFWAY Coordinate alsalsl ations 8 24' 40 40 0 80 24 216 $7,833 $22,999 subtolel: 8 24 40 40 0 80 24 216 $7,833 $22,999 12 GRANT FUNDING ASSISTANCE Granle plcallonalcoordinatlon 16 16 16 16 0 16 16 96 $3,882 $11,398 SM(Ral. 16 i6 i6 16 I 0 I 18 16 96 $3882 $11,398 13 BID PHASE SUPPORT OuesllorWaddendtmlmdtabulation 4 16 16 16 1 0 16 a 76 $2,959 $8,688 Subtotal: 4 16 16 16 0 1 16 1 8 76 $2 959 $81688 14 CONSTRUCTION SERVICES L. Mane , coordYiafbn and admlNstratim 40 40 20 0 0 0 40 140 $6,106 $17,928 On -call construction support160 240 440 320 0 240 160 1,660 $62 749 $1260 64 on On -can cowtucdserve n 4 16 40 0 80 1 0 1 0 1 140 $6,531 $19,177 record 40 1. 60 1 0 1 240 1 40 1 424 Rainier Fait —Final 080609.As Date W112009 Page 2 of 2 Exhibit F STATEMENT OF DIRECT LABOR, FRINGE BENEFITS, AND GENERAL OVERHEAD FOR 2008 (based on year end December 31, 2007) KPG, INC. P.S. DESCRIPTION % Of 2007 Adjustments 2007 % Of Direct Expense Expense Direct Labor Labor DIRECT LABOR $ 2,402,013 $0 $ 2,402,013 FRINGE BENEFITS Payroll Taxes 11.0% 264,562- 264,562 11.0% Insurance - Medical/Dental/Vislon 13.4% 321,268 321,268 13.4% Paid Leave Vacation/ Holiday/ Sick 14.8% 355,211_ 355,211 14.8% 401(K) .-4.6% 110,504- - 110,504 4.6% Employee Bonus 9.9% 238,682 238,682 9.9% $0 $ 1,290,227 53.70/6 TOTAL FRINGE BENEFITS 53.79/6 $ 1,290,227 GENERAL OVERHEAD - Indirect Labor 36.3% 871,035 871,035 36.30/6 Legal & Accounting Services 0.8% 18,262 18,262 0.8% Automotive & Travel Expenses 3.1% 73,374 -$703 72,671 3.0% Bank Fees & Payroll Admin Fees 0.2% 3,819 3,819 0.2% Organizations 0.5% 11,155 11,155 0.5% Training/ Education .0.8% 19,388 19,388 0.8% Conferences 0.7% 16,189 -$2,240 13,949 0.60/6 Publications 0.1% 2,078 2,078 0.1% Employee Services 1.811/6 44,182 -$27,723 16,459 0.7% Finance Charge 0.00/0 940 -$940 - 0.01yo Professional Licensing 0.1% 2,048 2,048 0.1% Meals 1.6% 38,878 -$38,878 - 0.0% Donations 0.00/0 400 -$400 - 0.0% Office Supplies 12.3% 294,963 294,963 12.3% Equipment Support 13.4% 321,092 321,092 13.4% Postage/Shipping 0.2% 4,773 4,773 0.2% Printing/ Reprographics 0.5% 12,710 12,710 0.5% Rent 10.5% 253,333 253,333 10.5% Repairs & Maintenance 8.9% 214,309 214,309 8.9% Communications 1.9% 45,820 45,820 1.9% Utilities 0.5% 12,102 12,102 0.5% Business Taxes & Insurance 9.2% 220,441 -$5,610 214,831 8.9% Depreciation 1.2% 29,677 29,677 1.2% Cost of Money 2.2% 51,813 51,813 2.2% Self Insurance 2.1% 50,000 50,000 2.1% Survey 2.0% 47,129 47,129 2.0% Fuel for Survey Vehicles 0.4% 10,295 -$1,030 9,265 0.4% Interest 0.0% 940 -$940 - 0.0% Recruiting Costs 0.0% 763 763 0.0% Commuter Passes 0.0% 246 246 0.0% Survey Equipment 1.9% 46,472 46,472 1.9% -$78,464 $ 2,640,162 109.9% TOTAL GENERAL OVERHEAD 113.2% $ 2,718,626 TOTAL OVERHEAD EXPENSE 166.90% $ 4,008,853 -$78,464 $ 3,930,389 163.63% Exhibit G Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: Fehr Peers Si —pals, T iahtinn and Traffic Analysis Geo 4neers—.ESA Pharos / 14DR - ROWWnciA �lTai�alc Widener and Associates - Environmental Support C-rH) / RneewAter Drainage and TTR �cnhc - ("Tent�chnical DOT Form Revised OMS 8 EF Exhl bit G Exhibit 6-1 City of Renton Rainier Avenue South Improvement Project 60%, 90%, 100% and Final PS&E Bid Documents Prepared for KPG Scope of Work Traffic Signal and Street Lighting Design Services Fehr & Peers / Mirai January 20, 2009 A. Coordination, Meetings and Project Management Throughout the project, coordinate with the project team and City staff. 2. Attend up to ten (10) meetings with the project team and/or City staff. 3. Perform project accounting and prepare monthly invoices and progress reports. B. Traffic Analysis Support Services 1. Coordinate with the project team and City staff regarding traffic analysis support services, such as providing vehicle queue lengths in turn lanes at key intersections. 2. Review and prepare responses to WSDOT review comments on the traffic analysis. 3. Estimate traffic volumes and conduct level of. service analysis at . intersections along the proposed detour route during construction of the project. Based on the detour analysis, discuss revisions to the - detour plan with the project team. 4. Assess the impact of the proposed detour plan on transit service, and offer improvements to the plan to minimize impacts to transit service. C. Rainier Avenue S/S Grady Way Traffic Signal Design Review the relevant plans and information provided by KPG. Prepare and submit to KPG plans at the approximately 60% complete stage of the design work. PD09-003 Renton Rabler scope.doc Page 1 of 5 Fehr and Peers /Waf 1/20/2009 Exhibit G-1 2. Review and prepare responses to review comments. Prepare and submit to KPG plans, technical special provisions and estimates (PS&E) at the approximately 90% complete stage of the design work. 3. Review and prepare responses to review comments. Prepare and submit to KPG the 100% PS&E. 4. Review and prepare responses to review comments. Prepare and submit to KPG the final PS&E for the Bid Documents. D. Rainier Avenue S/S 7th Street Traffic Signal Design 1. Review the relevant plans and information provided by KPG. Prepare. and submit to KPG plans at the approximately 60% complete stage of the design work. 2. Review and prepare responses to review comments. Prepare and - submit to KPG the 90% PS&E. 3. Review and prepare responses to review comments. Prepare and submit to KPG the 100% PS&E. 4. Review and prepare responses to review comments. Prepare and submit to KPG the final PS&E for the Bid Documents. E. Rainier Avenue S/S 4th Place Traffic Signal Design 1. Review the relevant plans and information provided by KPG. Prepare and submit to KPG plans at the approximately 60% complete stage of the design work. 2. Review and prepare responses to review comments. Prepare and.-. submit to KPG the 90% PS&E. 3. Review and prepare responses to review comments. Prepare and - submit to KPG the 100% PS&E. 4. Review and prepare responses to review comments. Prepare and submit to KPG the final PS&E for the Bid Documents. F. Rainier Avenue S/S 3rd Place Traffic Signal Design Review the relevant plans and information provided by KPG. Prepare and submit to KPG plans at the approximately 60% complete stage of the design work. PD09-003 Renton Rainier scope.doo Page 2 of 5 Fehr and Peers / Kral 1/202009 Exhibit 0-1 2. Review and prepare responses to review comments. Prepare and submit to KPG the 90% PS&E, 3. Review and prepare responses to review comments. Prepare and submit to KPG the 100% PS&E. 4. Review and prepare responses to review comments. Prepare and submit to KPG the final PS&E for the Bid Documents. G. Rainier Avenue S/S 3rd Street/SW Sunset Blvd Traffic Signal Design 1. Review the relevant plans and information provided by KPG.. Prepare and submit to KPG plans at the approximately 60% complete stage of the design work. 2. Review and prepare responses to review comments. Prepare and submit to KPG the 90% PS&E. 3. Review and prepare responses to review comments. Prepare and submit to KPG the 100% PS&E. 4. Review and prepare responses to review comments. Prepare and submit to KPG the final PS&E for the Bid Documents. H. Rainier Avenue S/S 2nd Street Traffic Signal Design 1. Review the relevant plans and information provided by KPG. Prepare and submit to KPG plans at the approximately 60% complete stage of the design work. 2. Review and prepare responses to review comments. Prepare and submit to KPG the 90% PS&E. 3. Review and prepare responses to review comments. Prepare and submit to KPG the 100% PS&E. 4. Review and prepare responses to review comments. Prepare and submit to KPG the final PS&E for the Bid Documents. - 1. Rainier Avenue S Street Lighting and Traffic Signal interconnect Design 1. Review the relevant plans and information provided by KPG. Prepare street lighting conduit and wiring design, and conduct line voltage loss calculations. Prepare traffic signal interconnect conduit and wiring design, and show the design on the street lighting plans. Prepare and submit to KPG plans at the approximately 60% complete stage of the design work. PD09-003 Renton Rainier scope.doc Page 3 of 5 Fehr and Peers/Wei 1/20/2009 Exhibit 0-1 2. Review and prepare responses to review comments. Prepare and submit to KPG the 90% PS&E. 3. Review and prepare responses to review comments. Prepare and submit to KPG the 100% PS&E. 4. Review and prepare responses to review comments. Prepare and submit to KPG the final PS&E for the Bid Documents. J. Work to be Provided by Others 1. Design survey of all relevant existing features above, on and below the ground. 2. Approved traffic channelization plans. 3. Preliminary engineering and PS&E for pavement markings, traffic signing, Civil Engineering improvements, and temporary traffic control during construction. 4. Preliminary 30% traffic signal plans. 5. Preliminary 30% street lighting plans. 6. Autocad files showing the above information. 7. Illumination calculations for lighting levels and uniformity. 8. Descriptions, negotiations and administration for right of way acquisition and easements, if any. 9. Environmental documentation. 10. Obtaining any required permits. 11. Geotechnical investigation and report, if required. 12. Preparation, reproduction and assembly of construction contract boilerplate and construction contract documents package. 13. Construction contract bid advertisement, bid evaluation, award and administration. 14. Preparation of electrical service or other utility agreements, if required. 15. Construction materials testing. PD09-003 Renton Reinter scope.doc Page 4 of 5 FehrandPeers Mimi 1/2M009 Exhibit 6-1 16. Construction surveying. 17. Electrical inspection. e 18. Daily inspection during construction. PD09-003Renton Rainierscope.doc Page 5 of 5 Fehr and Peers/Mira! 112012009 City of Renton - RainleAMMoRi'iinprovement Project Work Hour Estimate - Traffic Signal and Street Lighting Design Services Prepared by Fehr Peers I Mirai; Prepared for KPG item Project Project Project Senior Planner Engineer Graphics Project Office Total Executive Manager Modeler Engineer ICADD Coord. Assist. Hours A Coordination, Meetings and Project Management - 1 Coordination (12 mo,) 6 24 12 12 6 60 2 Meetings (10) 6 30 12 12 60 3 Accounting, Invoices (12) 6 12 6 18 42 SUBTOTALS 18 66 0 30 0 24 0 6 18 162 B Traffic Analysis Support Services 1 Analysis Coordination 4 2 2 4 4 16 2 Response to WSDOT 8 2 8 40 4 4 2 68 3 Detour Route Analysis 8 2 8 40 4 4 2 68 4 Transit Service Analysis 8 2 6 40 4 4 2 68 SUBTOTALS 28 8 26 0 124 12 12 10 0 220 C Rainier Avenue SIS Brady Way - 1 60% Plans 10 30 10 24 74. 2 90% PS&E 8 24 10 20 62 3 100% PS&E 4 8 4 8 24 4 Bid Documents _ 2 2 2 2 8 SUBTOTALS 0 24 0 64 0 26 54 0 0 168 D Ratnier Avenue SIS 7th Street 1 60% Plans 8 24 12 22 66 2 90% PS&E 8 22 12 18 60 3 100% PS&E - 3 8 4 8 23 4 BM Documents 1 2 2 2 7 SUBTOTALS 0 20 0 56 0 30 50 0 0 166 E Rainier Avenue WS 4th Place 1 6D% Plans 6 12 24 20 62 2 90% PS&E 6 10 20 16 52 3 100% PS&E 3 3 8 6 20 4 Bid Documents 1 1 2 2 6 SUBTOTALS 0 16 0 26 0 54 44 0 0 140 F Rainier Avenue SIS 3rd Place 1 60% Plans 6 10 24 20 60 2 90% PS&E 6 10 20 18 54 3 100% PS&E 3 3 8 6 20 . 4 Bid Documents 1 1 2 2 6 SUBTOTALS 0 16 0 24 0 54 46 0 0 140 G Rainier Avenue SIS 3rd Street/SW Sunset Blvd 1 60% Plans 8 24 12 22 66 2 90% PS&E 8 22 12 18 60 3 100% PS&E 3 8 4 8 23 4 Bid Documents 1 2 2 2 7 SUBTOTALS 0 20 0 56 0 30 50 0 0 156 H Rainier Avenue SIS 2nd Street 1 60% Plans 6 8 24 18 56 2 90% PS&E 4 6 20 14 44 3 100% PS&E 3 3 6 6 18 4 Bid Documents 1 1 2 2 6 SUBTOTALS 0 14 0 18 0 52 40 0 0 124 1 Street Lighting and Traffic Signal Interconnect 1 60% Plans 10 12 28 24 74 2 90% PG&E 10 10 24 22 66 3 100% PS&E 4 4 8 8 24 4 Bid Documents 2 2 2 2 8 SUBTOTALS 0 26 0 28 0 62 56 0 0 172 Total Hours 46 210 26 302 124 344 362 16 18 1,438 PW9.003Renton Rofnferhours.xls 1/20/2009 Page 1 of 1 Fehr and PeemlWaf Exhibit G-1 City of Renton Rainier Avenue South Improvement Project 60%, 90%,100% and Final PS&E Bid Documents .Prepared -for KPG Fee Estimate Traffic Signal and Street Lighting Design Services Fehr & Peers / Mira[ Direct Salary Cost (DSC PERSONNEL Hours Pay Rate Cost_ Project Executive 46 $ 72.93 $ 3,355_ .. Project Manager 210 $ 62.16 13,054 Project Modeler 26 $ 70.43 1,831 Senior Engineer 302 $ 39.04 11,790 Planner 124 $ 37.84 4,692- Engineer 344 $ 27.21 9,360 Graphics/CADD 352 $ 19.04 6,702 Project Coordinator 16 $ 27.40 438 Office Assistant 18 $ 19.23 346 Direct Salary Cost Total 1438 $ 51,569 Overhead 171.32% of DSC $ 88.347 Net Fee 30.00% of DSC $ 15,471 SUBTOTAL $ 155,387 Reimbursables Travel/Parking Reproduction/Postage Communications Miscellaneous $ 300 800 400 SUBTOTAL $ 1,500 TOTAL $ 156,887 PM-003 Renton Rainier reeAs 1/2&2009 Page 1 of 1 Fehr and Peers /Mira! Exhibit G-1 Task 9 - Environmental Services 9.1. The Consultant shall review available documents in City and Ecology files regarding the project area to determine likely'or suspect locations of contamination within the project area. The consultant shall prepare a brief technical memorandum supplementing the findings of the Phase I ESA and providing recommendations for the scope of a Phase II ESA. 9.2. The Consultant shall complete one AAI-compliant Phase I ESA update for specific parcel(s) to be acquired by the City for the project. 9.3. The Consultant shall coordinate a focused Phase II ESA Site Assessment in critical locations of the project area to assess the nature and extent of soil and groundwater contamination that may be . encountered during the road widening project. It is anticipated that the former dry cleaner property will be explored and sampled for the Phase II ESA. A Phase II ESA report deliverable will be submitted. 9.4. The Consultant shall prepare construction specifications addressing soil handling and management of contaminated soils that may be encountered during the road widening project. It is assumed at this time that the City of Renton will not be conducting a Model Toxics Control Act (MTCA) environmental cleanup except to the extent that contaminated soil encountered during ROW widening earthwork activities is removed in the course of construction. 9.5. The Consultant shall coordinate the preparation of contingency planning documents for the known or suspect contaminated soil area(s) identified by the Phase I or Phase II ESA. Contingency planning documents will include contractor worker health and safety specifications and specifications for contaminated soil handling and management. Task 9 Deliverables: • Document Review Memorandum for Project Considerations and Phase II ESA Scoping • AAI Phase I ESA Update for acquisition property • Phase II ESA Report • Contractor specifications • Contaminated Soils Handling Plan Contingency Task — Construction Observation Environmental Sampling and Chemical Analysis. The Consultant shall visit the site on an as -requested basis to observe excavation of contaminated soil in conjunction with the ROW widening activities and to obtain samples of soil for chemical analytical testing. A deliverable consisting of a technical memorandum of sampling results willbe provided. File No. 00693-068-00 Page 1 GEOENGINEERS� September 3, 2009 BUDGET ESTIMATE FOR GEOENGINEERS, INC. Rainier Avenue Improvements, Renton Washington Pre Construction Environmental Tasks Estimate of Costs by Task & Staff Member Project error Total Direct Task Description Principal Senior PM1 Scientist 1 Staff Eng3 Staff Sci3 Tech Admnstrtr 3 Admnstrtr 2 Total Hours Labor Cost 9.1 Document Review '4 7 $313 Review of reports provided by City 3 8 $244 Ecology file review 6 1 8 8 15 $663 Data inter retation Memorandum 4 4 1 0 8 6 4 2 2 1 18 $616 Meetings and Communication 9.2 AAI Phase I ESA of ROW Acquisition Properties 5 $1 86 Historical Document Review 1 4 4 $122 Regulatory Agency Reviews 4 4 $122 Site Visit 4 1 4 20 2 2 2 31 $1,033 Data inter retation and reporting 2 2 2 12 $445 Meetings and Communication 4 0 2 9.3 Phase II ESA 1 8 10 $346 Field preparation coordination, permitting, health & safety)1 6 12 $377 Work Ian - 1 1 4 4 6 10 $275 Utility locates and traffic control 1 5 40 47 $1.274 Field work 1 4 2 20 4 8 4 2 2 46 $1,455 Data inter retation and reporting 2 6 $315 Meetings and communication 4 0 9.4 Construction Specifications 20 4 30 $ ,097 Data interpretation and reporting 5 1 2 2 2 12 $445 $445 Meetings and communication 4 0 2 9.4 Contingency PlanningDocuments Soil HandlingPlan 4 30 $1,097 Data interpretation and re ortin 5 1 20 2 2 2 2 12 $445 eetings an communication 4 55 0 10 165 12 60 16 12 12 319 $10,870 Total Hours $63.46 $38.46 $30.53 $32.69 $25.48 $24.76 1 $20.97 $19.23 Current Hours Rates $3 490 $385 $4,732 $392 $1 529 $396 $252 $231 $11,407 Direct Sala Cost DSC $7 447 $821 $10 097 $837 $3,262 $845 $537 $492 $24,338 213.37% = Overhead Cost % of DSC $1,047 $115 $1,420 $118 $459 $119 $75 $69 $3.422 30% = Fee % of DSC $11,985 $1,321 $16,249 $1,347 $5,249 $1,360 $864 $792 $39,167 Full Burdened Rate $11,985 $1,321 $16,249 $1,347 $5,249 $1,360 $864 $792 $39,167 Subtotal Burdened Labor Cost Task SubconsultanUSubcontractor Ex enses $900 $700 9.2 Database list and historical document vendors 9.3 Utility locator $500 ROW Permit Fees Traffic control Drilling contractor Chemical Anal ical Laboratory $2 000 $8,000 $23,000 Task Direct Expenses Vehicle $.505 per mile Communication $0.50 per minute for 30 minutes $500 $20 $2,000 Field Supplies $600 Co ies $0.12 er co $38,220 Subtotal Direct and SubconsultantiSubcontractor Ex enses Note: prepared September 3, 2009, Dana Carlisle, Jessica Robertson Accordingly, and we have used the highest hourly rates for each category listed within our Redmond office for It is difficult at this time to anticipate who will be working on the project given the unpredictability of staff availability. purposes of estimating. Actual hourly rates may vary but will not be higher than those shown. File No. 0693-068-00 G EO E N G I N EE RS� September 3 Exhibit G-1 City of Renton Rainier Avenue Improvments PreConstruction Environmental Tasks - Consultant Fee Estimate - GeoEngineers, Inc. Classification Hours Hourly Rate Estimated Cost Principal 55 $63.46 $3,490 Senior PM1 10 $38.46 -$385 Project Scientist 1 155 $30.53 $4,732 Staff Eng3 12 $32.69 $392 Staff Sci3 60_ $25.48 51,529 Senior Tech 16 $24.76 $396 Admnstrtr 3 12 $20.97 $252 Admnstrtr2 12 $19.23 .$231 Total Hours 319 Total Direct Salary Cost (DSC) Overhead Cost (OH) 213.37% Fixed Fee (FF) 30.00% Total Labor Cost Vehicle ($.505 per mile) Communication ($0.50 per minute for 30 minutes) Field Supplies Copies ($0.12 per copy) Subtotal Direct Expenses SUBCONSULTANT/SUBCONTRACTOR EXPENSES Database list and historical document vendors Utility locator. ROW Permit Fees Traffic control Drilling contractor Chemical Analytical Laboratory Total Subconsultant/Subcontractor Expenses Total Estimated Fee $11,407 $24,338 $3,422 $39.167 $500 $20 $2,000 $600 $3,120 $900 $7.00 $500 $2,000 $8,000 $23,000 $35,100 $77,387 File No. 0693-068-00 September 3, 2009 GMENGINEER� BUDGET ESTIMATE FOR GEOENGINEERS, INC. Rainier Avenue Improvements, Renton Washington Construction Observation Estimate of Costs by Task & Staff Member Task Description Principal Senior PM1 Project Scientist 1 Staff Eng3 StaffSci3 error Tech Admnstrtr 3 Admnstrtr 2 Total Hours I otal uIrect Labor Cost 9.3 Construction Observation and Sampling Field preparation coordination, permitting, health & safe 1 1 8 10 $346 Work Ian 1 1 4 6 12 $377 Utility locates and traffic control 4 6 10 $275 Fieldwork 1 1 5 40 1 47 1 $1,274 Data inter retation and re ortin 4 2 20 4 8 4 2 2 46 $1,455 Meetings and communication 4 0 2 6 $315 Total Hours 11 5 43 4 60 4 2 2 131 $4,042 Current Hourly Rates $63.46 $38.46 $30.53 $32.69 $25.48 $24.76 $20.97 $19.23 Direct Salary Cost (DSC) $698 $192 $1 313 $131 $1 529 $99 $42 $38 $4,042 213.37% = Overhead Cost % of DSC $1,489 $410 $2 801 $279 $3,262 $211 $89 $82 $8,625 30% = Fee % of DSC $209 $58 $394 $39 $459 $30 $13 $12 $1,213 Full Burdened Rate $2,397 $660 $4,508 $449 $5,249 $340 $144 $132 $13,880 Subtotal Burdened Labor Cost $2,397 $660 $4,508 $449 $5,249 $340 $144 $132 $13,880 Task SubconsultanUSubcontractor Expenses Chemical Analytical Laboratory $8,000 Task Direct Ex enses Vehicle $.505 per mile Communication $0.50 per minute for 30 minutes I $$200 Field Supplies $2 000 Copies $0.12 per co $600 Subtotal Direct and SubconsultanUSubcontractor Expenses $11,120 Note: prepared September 3, 2009, Dana Carlisle, Jessica Robertson It is difficult at this time to anticipate who will be working on the project given the unpredictability of staff availability. Accordingly, and we have used the highest hourly rates for each category listed within our Redmond office for purposes of estimating. Actual hourly rates may vary but will not be higher than those shown. Fife No. 0693-069-00 G EO E N G I N EE R Sepfember3, ^--- Exhibit G-1 City of Renton .Rainier Avenue Improvments Construction Observation Consultant Fee Estimate - GeoEngineers, Inc. Hourly Estimated Classification Hours Rate Cost Principal 11 $63.46 $698 Senior PM1 5 $38.46 $192 Project Scientist 1 43 $30.53.. $1,313 Staff Eng3 4 $32.69 $131 Staff Sci3 60 - $25.48 $1,529 Senior Tech 4 $24.76 $99 - Admnstrtr 3 2 $20.97 $42 Admnstrtr 2 2 $19.23 $38 Total Hours 131 Total Direct Salary Cost (DSC) $4,042 Overhead Cost (OH) 213.37% $8,625 Fixed Fee (FF) 30.00% $1,213 Total Labor Costi $13,880 DIRECT EXPENSES Vehicle ($.505 per mile) Communication ($0.50 per minute for 30 minutes) Field Supplies Copies ($0.12 per copy) Subtotal Direct Expenses SUBCONSULTANT/SUBCONTRACTOR EXPENSES Chemical Analytical Laboratory Total Subconsultant/Subcontractor Expenses Total Estimated Fee $500 $20 $2,000 $600 $3,120 $8,000 1 $8,000 $25,000 File No. 0693-068-00 September 3, 2009 GMENGINEER� Exhibit G-1 Task 8 - Right of Way Services (Phase II) 8.1 Right -of -Way Appraisal and Acquisition Services This work will be performed by Sub -consultant Pharos Corporation. The Consultant shall: • Up to three meetings with the respective City Officials to understand the City's position relating to the project. • Attend the public presentations relating to the project and be prepared to discuss the project details with each effected property owner. • Up to two meetings on -site with each property owner to explain the project and how it impacts their property, and to further explain the appraisal process as well as the timing of the same. Up to fifty-seven owners are anticipated. • Subcontract with an appraisal firm who is on the WSDOT approved provider list. Further instruct them to provide a True Cost Estimate for those impacted properties. Where the just compensation is estimated less than $10,000, instruct the appraiser to produce an "Appraisal Waiver" which will be used to prepare an Administrative Offer Summary. Those properties where just compensation is estimated in excess of $10,000, instruct the appraiser to prepare a "Before and After" short -form appraisal and have that appraisal reviewed by a WSDOT approved review appraiser. The City, with approval by WSDOT, can adjust the appraisal waiver dollar amount from $10,000 to $25,000. That would reduce the cost of the appraisal and appraisal review. • Review preliminary title commitments, provided by City of Renton, for standard owners' coverage, including each listed exception. • Prepare offer letters, deeds etc. in a form approved by the City of Renton, and make personal visits with each property owner in an effort to complete the negotiations. Up to fifty-seven parcels and fifty-seven owners are anticipated. Up to three negotiation meetings with each owner are assumed. • Meet with the City of Renton staff as necessary to resolve negotiation issues, coordinate with engineering staff, and discuss parcel status. Up to ten meetings are assumed. Make settlement recommendations as appropriate. • If there are special construction elements relating to a particular parcel of property, ensure that those construction considerations are reduced to writing and submitted to the City of Renton for approval. • Close the acquisitions either through an escrow office, title company, or through the City of Renton, as instructed. Fees for title and escrow are to be paid for separately by the City of Renton. The consultant will seek partial releases from lenders. • Report acquisition and relocation status bi-weekly through written reports. Exhibit 0-1 8.1.A Relocation 1. Relocation Scope of Work (Update Plan completed in Phase 1) A. Relocation Plan 1. Interviews with identified displacements 2. Inventory of Displacements and Needs 3. Market search for available replacement housing and sites 4. Identification of anticipated problems 5. Estimate of relocation costs 6. Write relocation plan B. Process (Complete relocation begun under Phase 1) 1. Prepare and deliver required notices a. General Notice b. Eligibility Notice c. 90 Day Notice or Assurance 2. Benefit Computations a. Business Displacements 1) Advisory services -non -monetary 2) Move Benefit a) . Prepare RFP b) Obtain/analyze move bids c) Recommend move costs and obtain agency approval d) Monitor Move e) Prepare and process claim(s) 3) Re-establishment Benefit a) Gather and analyze documentation b) Recommend eligible costs and obtain agency approval c) Prepare and process claim(s) 3. Transfer acquired and vacated property to Agency a. Final inspection b. Receive keys from prior owner c. Transfer keys and property to Agency Statements will be furnished monthly detailing daily work and time and will include copies of invoices for all Reimbursable Costs. Fees will be based on actual time spent and out-of-pocket expenses. The fees estimated are based upon a general understanding of the project scope. The work does not include: (1) Purchase prices, title policies, or closing costs; (2) Environmental; (3) Legal Fees; (4) Engineering, Construction or Construction Management; (5) Survey Work; (6) Condemnations. All legal documents will be reviewed and approved by City attorneys. Contractor is not engaged in the practice of law. If other tasks are required to be performed or there are changes in pertinent information, Contractor reserves the right to modify the proposal. Contractor is not responsible for delays caused by other consulting companies or federal, state, county or local officials. Elmmk 61 Cam•"...^- � ... .. _.. ....... � �� .... .... . . cif ..,�_..... ,... .. ....._ . _ . •. _:.:, �r� �� 'l• •r �i�i�iEi �� rlpr�p��p ��I�■I��Ir�ll�� IE �� fTP"'T��' • F�]E�E�1�EE� • �E��E�il�®�!'�:S7ID Irk rrrzr'��!*�r�® �• � [�J�EE�i�®�E�'ic�t r� � .��r��^• �7 • •� F3�eFAE�GF�r]E��E��c 7E31 Exhibit G-1 Task 9.1- Cultural and Historical Monitoring The purpose of Cultural and Historical resources monitoring is to provide the necessary documentation to comply with Section 106 of the National Historic Preservation Act. The Consultant reviews the plans as they are being developed and compares the proposed development to the approved survey report to ensure that the site is covered in accordance with applicable Washington State Office of Archaeology and Historic Preservation (OAHP) and U.S. Secretary of Interior standards. It is anticipated an additional survey will be needed to cover the subsurface work. This information will be assdmbled into a Cultural Resources Monitoring Report. Provide four copies of the draft document to the City for review. The report will be finalized based on one round of City reviews and four copies of the Final Cultural Resources Report will be submitted. Task 9.2 - Biological Assessment The Consultant shall coordinate with the City on the updated analysis of the project impacts and new species list on six month intervals consistent with the WSDOT Guidelines. If new information warrants, consultations with FHWA will be initiated. Task 9.3 - Public Outreach The purpose of this effort is to monitor the continuous public outreach by the City Staff and to document compliance with the Environmental Justice Executive Order. An analysis of the Title VI Population Groups within the project area does indicate special population groups. Task 9.4 - Hazardous Materials Documentation and Approval The Consultant will coordinate with the. WSDOT to address comments and obtain FHWA approval on the Phase 2 Site Assessment and the Phase 3 remediation plan. Task 9.5 Permits The consultant shall complete the appropriate NPDES applications including the public notice as necessary to implement the project. It is anticipated that this permit will be obtained in the Contractors name. Task 9.6 SEPA Mitigation Measure The consultant shall work with the design team to develop the necessary mitigation plans per the SEPA MDNS. The plan includes a traffic control plan a noise variance and landscaping plan and a tree retention plan. Exhibit G-1 Environmental Cost Estimate Project Manager Senior BiologisUPlanner Hours hours Task9.1 Cultural Resources Monitoring 40 24 Reponing 20 40 Task 9.2 ESA (Section 7) Updates BA 24 60 Task 9.3 Public Outreach Review and Support 16 16 Task 9A Environmental Site Assessment Phase 1 Review 32 24 Coordination 24 18 Phase 2Review 32 24 Coordination 24 18 Task 9.5 NPDES Application 16 32 Task 9.6 SEPA Mitigation Plans Traffic 12 24 Landscaping 12 24 Tree Retention 12 24 Noise variance 12 24 Total hours 264 328 Summary Hours Hourly Rate Project Manager 264 $50.00 Project Biologist 328 $31.00 Overhead Profit Total Labor $19,369.60 $3,960.00 $13,200.00 $15,252.00 $3,050.40 $10,168.00 Cultural Resource Report $15,000.00 Total Labor $65,000.00 TOTAL ESTIMATED COST $80,000.00 *Overhead 150% *Profit of Labor 30% Exhibit G-1 City of Renton Rainier Avenue Improvements Project Scope of Work for Final Storm Drainage Design This scope of work includes tasks to be performed by RoseWater GHD to prepare final storm drainage plans, specifications, engineer's estimate, and surface water Technical Information Report (TIR) for roadway improvements in Rainier Avenue between S Grady Way and S 2"d Street. The final design work will be based on the preliminary (30%) drainage plans and TIR prepared previously by RoseWater GHD. Following are the anticipated tasks needed to complete this design: Conveyance Design RoseWater GHD will prepare complete final engineering.and design of new stormwater conveyance facilities including piping, manholes and catch basins. Inlet spacing and pipe sizing calculations will be prepared to support the design. Drainage connections from adjacent properties will be investigated, and con nections/modifications included in the design. This investigation will involve limited smoke/dye testing and TV inspection to be coordinated by RoseWater GHD and performed by others. Water Quality Facility Design RoseWater GHD will prepare complete final engineering and design of water quality treatment facilities in Basin V and Basin I as documented in the 30% TIR. Shattuck Avenue Stormwater Diversion Modeling and Documentation A draft "Shattuck Avenue Stormwater Diversion Modeling Report" dated February 2008, was prepared previously by RoseWater GHD. The XP-SWMM modeling and Modeling Report will be revised to address comments dated 3/25/08 from Allen Quynn, and resubmitted as an appendix (or reference) to the TIR. Final Surface Water Technical Information Report (TIR) The 30% TIR prepared for the preliminary design phase will be updated to document the final storm drainage design in accordance with the Department of Ecology's 2005 Surface Water Management Manual for Western Washington for water quality treatment and the 2005 King County Surface Water Design Manual for conveyance system design. The format of the report will be based on the requirements for a King County Technical Information Report; however sections that are not applicable to a public project in the City of Renton will not be included. Findings of the Shattuck Avenue Stormwater Diversion Modeling Report related to impacts to the Rainier Avenue pump station will be documented in the TIR. The Modeling Report will be referenced or attached as an appendix. The TIR will be submitted as a draft following the 60% plans submittal. The final TIR will be submitted following the 90% plans submittal. Storm Drainage Plans, Profiles and Details Storm drainage plans will be prepared at a full-size scale of 1"=20' for the project area. The drainage plan sheets will include storm drainage pipes and structures in plan view Page 1 of 2 \2007 BPs\07bp061... Rainier Final Design Scope-RWGHD.doc Exhibit G-1 only. Profiles will be shown on separate profile sheets. Storm drainage detail sheet will be included for non-standard drainage structures and water quality facilities. Engineer's Estimate A cost opinion will be prepared for the storm drainage improvements based on the 60% plans and updated for the 90% and 100% submittals. The cost opinion will be submitted in spreadsheet form, with quantity take -offs tabulated by drainage plan sheet. Specifications Special provisions will be written for non-standard storm drainage facilities. Special provisions will be prepared for the 90% submittal and updated for the 100% submittal. Services During Bidding and Construction Services during bidding and construction have not been included in this scope of work. Scope and budget for these services will be determined prior to bidding. Deliverables: The following deliverables will be submitted in hard copy (2 sets) and electronically (.pdf and .dwg files). • Final Shattuck Avenue Diversion Modeling Report • Final Storm Drainage Technical information Report (TIR) (draft following 60% plans submittal and final following 90% plans submittal) • Storm Drainage Plans, Profiles, and Details (60%, 90% and 100%) • Engineer's Estimate (60%, 90% and 100%) • Specifications (90% and 100%) Assumptions: 1. The storm drainage design standard for this project will be the Department of Ecology's February 2005 Stormvvater Management Manual for Western Washington (SMMWW) for stormwater management requirements. City of Renton standards will be used for conveyance design since conveyance is not addressed in the SMMWW. 2. The existing Rainier Avenue pump station will not require replacement or upgrades as a result of roadway improvements in Rainier Avenue or replacement of the BNSF railroad bridge. 3. The project will be exempt from flow control requirements. Runoff treatment will be required for an area equivalent to new impervious surfaces in Basins V and I only, as documented in the 34% TIR. 4. Environmental permitting will be performed by others on the design team. 5. The duration of the project will be 18 months from notice to proceed. 6. Design team meetings will be held monthly for the duration of the project. Page 2 of 2 \2007 BPs\07bp06l... Rainier Final Design Scope-RWGHD.doc ROSEWATER !� CLIENTS�PEOPLE,PERFORMANCE City of Renton Detailed Labor & Fee Breakdown For Rainier Avenue Improvement Project - Final Design Phase (Exhibit G-1) RoseWater GHD TASKS Project Project Senior Project Engineering Manager Engineer Manager Staff Engineer Tech (CAD) Project Admin 2009 Direct Labor Rates S 51.90 $ 4320 S 66.70 S 35.80 S 38,30 $ 28.13 Total Final Drainage Design & Construction Support A. Project administration 18 months 36 54 90 B. Site visit (up to 4 24 24 48 C. Meetings with City/coordination with team (18 monthly meetings assume 72 72 D. Existing Drainage Verification (Coordinate TV inspections, smoke/dye testing of adjacent property drainage connections and Grady Way downstream) 4 12 16 E. Final Conveyance Design (Inlet Spacing cafes, conveyance talcs, s tem layout)4 24 4 60 92 F. Final Water Quality Facility Design 2 4 32 38 G. Finalize Shattuck Avenue Stormwater Modell 16 4 20 H. Finalize Shattuck Avenue Stormwater Modeling Report 12 8 20 I. Final Storm Drainage Report draft & final 6 16 48 4 4 78 J. Storm Drainage Plans 12 assumed 6 24 96 72 198 K. Storm Drainage Profiles -Sheets 12 assumed 6 48 144 240 438 L Storm Drainage Details Sheets 4 assumed 4 32 80 60 196 M. Engineers Estimate 60. 90% and 100% 2 16 2 40 8 68 N. Special Provisions 90%and 100%) 2 30 4 4 4 44 O. Submit 60% plans & costs 2 8 8 16 . 4 38 P. Submit 909A plans. costsv specs 2 8 12 16' 6 6 44 44 Q. Submit 100%a fans, costs, s ecs 2 8 12 16 4 64 R. QA/QC Adman. & Re'ivews 3 PS&E & 2 re rt submittals 20 40 Desi n Totals: 194 246 5o 572 444 102 1.608 Sub -Total Direct Labor Cost S10.069 $10.627 $3.335 $20.478 $17.005 $2.869 $64.383 5% Salary Escalation for 800% of Direct Labor after 6/30109 $403 $425 $133 $819 S680 S115 $2.575 Total Direct Labor Cost $10.471 $11.052 $3,468 $21.297 $17,685 $2,984 $66.958 Overhead ® 203.36% DLC S21295 $22,476 S7,053 S43,309 $35,965 S6,068 $136,166 Fee 0 30"/a DLC $3.141 $3.316 $1.041 $6.389 $5.306 S895 $20,087 Total Labor Costs $34,907 $36,844 $11,562 S70.995 $58,956 $9,948 $223,212 Reimbursables Reproduction $400 Travel $400 24 tri s to Renton 30 miles for meetings, site visits $100 Postage & Delivery 4 couriers at $25 ea ' 'tr S500 Total Reimbursables City of Renton Rainier Avenue Improvements Prolw, RWGHD Fee Estimate 9/3/2009 1 of 2 12W7 8Psk07bpO61... Rainier Final Design Feo•RWGHD.ds NOR I ROSEWATER . CLIENTSIPEOPLE'PERFORMAN CE 16 City of Renton Detailed Labor & Fee Breakdown For Rainier Avenue Improvement Project - Final Design Phase (Exhibit G-1) ROSeWater GHD TASKS Project Manager Project I Engineer Senior Project Manager Staff Engineer Engineering Tech (CAD) Project Admin 2009 Direct Labor Rates $ 51.90 $ 43.20 $ 66.70 $ 35.80 $ 38.30 $ 28.13 Total Total Fee 1 $223,712 City of Renton Raider Avenue Improvements Project RWGHD Fee Estimate 9/312009 =7 S' '061... Rainier Final Design Foe•RWGHD.)dS 2 of n Exhibit G-1 JACOBS ASSOCIATES Engir`eers[Consultants KPG, Inc. 753-91" Avenue North Seattle, WA 98109 Attn: Mr. Jason Fritzler, P.E. 22 January 2009 RE: Revised Proposal Letter for Phase 2 Geoteehnicat Investigation and Design, Rainier Avenue Transit Improvement Project, Renton, Washington This is Jacobs Associates (JA) proposal letter to KPG to provide geotechnical investigation, analysis and recommendations for Phase 2 of the Rainier Avenue Transit Improvement Project, for the City of Renton, in Renton, Washington. We have worked with KPG on Phase 1 of the project and look forward to working on Phase 2 with you. This proposal is based on information we discussed during the meeting held at the KPG office on 23 August 2007 and subsequent phone conversations with you and Mr. Ken Valder of Cooper-Zietz. The objective of JA in Phase 2 will be to provide KPG with recommendations for the 60% and 90% design documents and the Final Bid Documents, including plans and specifications, and to assist Cooper-Zietz with coordination and drilling of 6 GeoProbe boreholes for environmental sampling. We propose the following scope for Phase 2 to KPG: 1. Perform field investigations to assist Cooper-Zietz with obtaining samples of potentially hazardous material along the project route. The investigation will include: e Preliminary site visits by an engineer from JA to evaluate the site conditions, evaluate access, plan the field investigation, and locate the borings with a representative of Cooper-Zietz; e Coordinate the field investigations, including utility locate, pavement coring (as necessary) and drilling subcontractors, traffic control plans, and permitting; e Log the soil borings (estimate 6 borings) in all boreholes; and e Prepare summary geotechnical logs of the borings. 2. Attend monthlyJdesign meetings (JA has estimated 12 meetings). 3. Provide design assistance to KPG for the 60% and 90% design documents and the Final Bid Documents, including plans and specifications. JA shall perform our work according to JA's approved FARS overhead rate that is presented on the attached spreadsheet. We may modify our work based on your decisions and will discuss with you our scope. Our estimate for the work as outlined above is $31,962. This estimate 1109 First Avenue, Suite 601 Seattle, WA 98101-2963 Phone: (206) 688-8200 Fax: (206) 688-8201 Exhibit G-1 includes fees for the GeoProbe drilling firm, the traffic control plans and flagging firm, and the concrete coring firm. We appreciate this opportunity to be of service to you. Should you have any questions, or if we have misinterpreted what you desire of our firm, please do not hesitate to call. We shall perform our work in accordance with the Agreement for Professional Services, which ybu should have from the previous phase. Please sign below and return a copy to our office. Jacobs Associ tes u Carol Ravano, P.E. Project Manager Client's Authorization Client Date: 1109 First Avenue, Suite 501 Seattle, WA 98101-2963 Phone: (206) 688-8200 Fax: (206) 588-8201 Exhibit G-1 Jacobs Associates / Seattle i •. ! S- _._..._.- ..._.._.•_.. .... _- , �-----..—.__._ — --•-....:- - — ` 22-Jan-09 i KPG-Phase 2 Rainier Avenue Transit Improvement Project - _.__....__.._.._.........._._._......... _........_._.__............_...,.._..............._ ...... -..__..�...---- ;total -._._.�_..._._...._......_.......... i is 31,961.49 DIRECT SALARY COST (DSC) ! i I Classification Hours Rate Cost ;Staff Principal 10 380A0 $ 800-00 F. Pita ! Associate ` 601 $ 55.00 ; $ 3,300.00 : :0. Ravano Senior Engineer i 20! $ 40.00 1 $ $00.00 i !J. Schrank .................... !....... ... .... :................... Project Engineer , $ 34.04 ? $ - . __........ :.............._........ . - - - - .._._.._ _.. _.. _...._.._._ En Ineer/Geolo ist 100! $ 30.00 $ 3,000.00 ; _..i... _...._.. P. CampBell j Technical Staff - I 0;$ - �$ Drafter # ....... ..... ..,... __._.............. -----.:__._._....__...__ ....:................ ........ . _.._....._. Clerical Staff $ - i $ - TOTAL DSC = ° $ 7,900.00 i ' $ ...._. _ ._._._._. _..�....._...... ........... .._......_._..._ .__.._.. , OVERHEAD (OH Cost •• including salary Additives) = OH Rate x TOTAL DSC '• Jacobs OH Rate = 1.6552'FARS Overhead = ! $ 13,076.08 - ._....--._.........._.._....__....,........................ .... -- - - - _..: $ 13,076.08 ................ FIXED FEE (FF) = FF Rate x DSC --.._....-.......... ...........................--- ---- ---- --- -...--:.......__.._._....._.-_Y........_..-- .._.. iFF Rate = i 0.15. s FiFixed Fee= E $ 3,146.41 xed- S __.._. _.._......_-......_._..--- 3,146.41 ; .. -....._........_..........:..............._.........I....__..._..- - - -- � .... $ 24,122.49 Travel 500•milesQ 0.55= $ 275_00 _._......- ----- _.:_. ....................: $ - Reproduction Exp OI...... 75.00 $ _..... ..._....._ _g _ _.._..______ Communication 0 $ Equipment _ Chain Sawi Oda ys Q :.............. $50 =_ ........... _....... ..........•- - --- ._...._ Water Sounder' Osdays@ $20 +- $....___.__"_..;................ I= ' daysL�. $30 t= ....._.._._.._..__'_ S ._._..... -_.-.....-- - - _•Levell __...__0 . $ 275_00 .............. _....- - - --- - - - -- -- --•------- < --._...-- . !----._....... --..--........ - - -- OutsideCosts j.. - -- - --; --._._....... .!_.-...-..._..__1....._...._......_......_{ ..-........................:....._............... CADD drafting $45_ $ 900.00.1...._.._........_................_..._..- .._. _..... - d Pavement j ..............-- -` 6.---66 Drill Rig or Bac.g khoe from shoat2g $ a ---' ' ; --- - - _..._ _.-........__.._.......I ! ! Geotech Lab from sheet 2 - - $ 7,564.00 ; 7,839.00 _.._.._....._--.._._._.._.-..._. _..._ ....._..- --. _.i.... _........._.._ ....._I ............. - - --- otal i $ 31,061.49 Jacobs Associates Confidential 1/22/2009 Page 1 Exhibit H Title VI Assurances 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 DOT Form 140.089 EF Exhibit H Revised 6105 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) 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 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 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 adlfed 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 nonsalaty costs incurred at the time of termination of this AGREEMENT. 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 140-082 EF Exhlbtt f Revised 6105 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 DOT Form 140.089 EF Etribit J Revised 0105 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 fend 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 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 finds. 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 metro, 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 ero5 EFExhiitK 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 Claims) 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 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 S — 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 PtojoctNo. Local Agency I hcroby certify that I am 4 10 t^; th C' ►^� �� and duly authorized representative of the firm of KPO, Inc. whose addross is 7Y 3 9 th /five, N. , S � � : C-J °191 c `t and that nolther 1 nor the above firm I here represent has: (a) Employed orretained for a commission, porcontago, brokerage, contingent fee, or other consideration, any firm or person (other titan a bonti fide employee working solely for nie or (lie above CONSULTANT) to solicit or secure the AGREEMENT; (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain tho services of any firm or person in connection with ourrying out this AGREEMENT, or (c) Paid, or agreed to stay, to nay firm, organizatioit or person (other titan a bona fido 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 fitly),' I acknowledge that this certificate Is to be available to the Wasldngton State Department of Transportation and the Federal Highway Administration, U.S. Department of Transpo tiptn In conneotlou with this AGREEMENT` Involving participation efFederal-uld highw tt(i��/ subject to applicable State and Fe laws, both criminal and civil. / u 00 V Spate DOT =0-Q5oa9 EF M11bN M•1(a) 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 DOT Form 140-089 EF ExhibI WI(b) Revised 6005 Signature Exhibit M-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matter$-Prinmary Covered Transactions The prospective prinrnry participant certifies to the best of Its knowledge and belief, that it and Its principals: A. Are not presently debarred, suspended, proposed for debarnrmnt, declared ineligible, or voluntarily excluded from covered transactions by any federal deparlinent or agonoy; B. Have not within a three-ycar period preceding this proposal been convicted of or irnd A. civil judgment rendered against thet for commission or fraud or a crbninal offense Irr connection with obtaining, attempting to obtain, or performing it publio (federal, stato, or local) transaction or contract under a public transaction; violation of federal or state nntitru,5t statues or commission of embezzlement, theft, forgery, bribery, fnisification or destruction of iecords, making false slatenronts, or recelviug stolen properly; C. Aro not presently Indicted for or otherwise orlininally or civilly chntged by a governmental ontity (federal, stato, or local) with commission of tiny of the offenses enumerated in paragraph (1) (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 causo or default. 11. 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 (Finn): KPO, Inc. 5l t/09 (Date) DOT Reid -009 EF E] WW M-2 rzxhibit MM3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective partielpaut certifies, by signing and submitting this bid or proposal, to the best of fits or her knowledge and belief, that: 1.No federal appropriated funds have been paid or will be paid, by or oil behalf of the undersigned, to any person for influencing or attempting to influence as officer or omployoo of any Federal agonoy, a member of Congress, an officer or employee of Congress, or an employes of it member of Congress In eoruleotlon with the awarding of any Federal contraot, the maklog of any federal grant, the making of ally Federal loan, the otitcring into of any cooperative agreemont, and the extension, eootinuatloj�, renewal, antendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2.1f any funds other than Federal Appropriated funds have been paid or will be paid to any person for influenoing or attempting to influoitce sit offices• or omployoo of any Federal agenoy, it member of Congress, all officer or employee of Congress, or an employee of it 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 Roport Lobbying," in accordance with its Instructions. - This certification is a material representation of fact upon which reliance was placed when this tMI)saetlon was made or entered Into. Submission of this certificstloti is a prerequisite for making or entering Into this transaction Imposed by Section 1352, Title 31, U.S, Code. Any poison who fails to file the required certification shot[ bo subject to a civil penalty of not less than $10,000 and not more than $100,000 for each suoh failure. The prospeotivo participant also agrees by submitting his or her bid or proposal that he or she shall rcquiro that the language of this certification bo included In all lower tier subcontracts which oxccad $100,000 and (bat all suoh subreelplonts shall eellify and disolose accordingly. Consultant (Firm): ""Ar01 (Date) DOT Fam 140-peso EF It M•s WSW 0105 Exhibit M-4 Certificate of Current Cost or Pricing Data This is to certify that, to ([to best of my knowledge and boliof, iho cost or pricing data (as defined in seotion 15.401 of the Fedora( Acquisition Regulation (FAR) and required under FAIL subsection 15.463.4) submitted, either actually or by specific identification in writing, to the contracting officer or to tho contracting officers reprosentat We In support of e, ev &^u c , , It o j e& aro accurate, corniploto, and current as of 0 9 This certification tnoludos the cost or pricing data supporting any advance ngr6nonts and forward pricing rate agreements betweon the offeror and tho Govorontont that are part of tho proposal. Firm Name Title Date of tcxcauuun• * Idenft the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate Identifying number (e.g., RFP No.). ** luseit the day, month, and year when price negotiations were concluded and price agreement wasreaohed, Insert ttie day, month, and year ofsigning, which should be as plow as practicable to *the date whoa tiro price negotiations ivera concluded and the contraot price was agreed to. DOT R Form 140 �5 EF Exhibii M•4 CITY OF RENTON PUBLIC WORKS TRANSPORTATION SYSTEMS DIVISION 00-1n 7n4C 01,/ VrAn TI1 Rainier Ave Improvements - Grady Way to S 2nd Street Functional Classification: Principal & Minor Fund: 317 Proj. Length: 0.89 mi Proj: t12703 TIP No. 3 CONTACT: Derek Akesson 425.430.7243 DESCRIPTION: Improvements remove barriers, eliminate substandard conditions, consolidate access points to existing major businesses, provide an enhanced pedestrian environment. Project elements include adding BAT (business access and transit) lanes (north and southbound), removing the BNSF railroad bridge support pier, adding left -turn lanes at intersections, widening sidewaks with streetscaping, adding pedestrian- scale illumination, bollards (at crossings), transit facility improvements (shelters, benches, info kiosks), planted buffer strips and landscaped medians. JUSTIFICATION: Rainier Ave is a critical corridor in central Renton with existing operational problems and in need of infrasructure enhancements to provide greater ease of non -motorized and transit -based travel. Existing high level of traffic congestion and accidents. Improvements will enhance traffic flow and reduce accidents. BAT lanes will be provided from S 2nd St to Grady Way southbound and from Grady Way to S 3rd St northbound. STATUS: The Sound Transit agreement authorizes $14.9 million for transit improvements. Two State Pedestrian and Bicycle Safety Grants have been awarded: $200,000 (2006) and $230,000 (2007). TIB awarded grant funds of $2,202,000 (2003); $1,906,200 (2006); and $2,831,500 (2008). A $2.0 million (2009) federal grant was awarded for Phase 1 (Shattuck Ave). A $4,800,000 STP grant was awareded in 2009 for construction. CHANGES: Rainier Ave has 30% design completed. Construction of the Phase 1 - Shattuck Ave Stormwater bypass system is scheduled for the summer of 2009. Mitigation funds in the amount of $2,100,000 must be dedicated to fulfill grant requirements to this project. City Utilities improvements will be funded by the respective utilities. Funded:1 39 641 933 Unfunded Project Totals Pro rammed Pre-2010 Six Year Program ITEM Programmed Spent Pre-2009 2009 Total 2010 2011 2012 2013 2014 2015 EXPENSES: Planning Preliminary Engineering 6,132,407 2,932,014 2,566,393 634,000 634,000 R-O-W includes Admin 5,000,984 984 1,666,667 3,333,333 3,333,333 Construction 16,774,799 29,799 1,745,000 15,000,000 3,750,000 7,500,000 3,750,000 Construction Services 2,034,227 1,227 267,000 1,766,000 448,500 865,000 452,500 BNSF Bridge - work by others 9,699,516 4,706,984 4,992,532 TOTAL EXPENSES 39,641,933 7,671,008 11,237,592 20,733,333 8,165,833 8,365,000 4,202,500 SOURCES OF FUNDS: Vehicle Fuel Tax 15,000 15,000 5,000 10,000 Business License Fee 326,188 187,487 138,701 14,4501 119,500 4,750 Proposed Fund Balance. 1,607,116 774,306 407,839 424,971 424,971 Grants In -Hand TIB 6,939,700 422,628 645,186 5,871,886 2,043,136 2,552,500 1,276,250 Grants In -Hand WSDOT+ARRA+ST 7,230,000 4,898 2,044,326 5,180,775 1,306,275 2,583,000 1,291,500 Mitigation In -Hand 4,223,929 2,622,929 1,000,000 601,000 521,000 80,000 Other In -Hand Sound Tran. 14,225,000 3,658,760 21865,240 7,701,000 3,651,000 2,700,000 1,350,000 Other In -Hand WSDOT bridge sav 3,500,000 3,500,000 Grants Proposed Other Proposed Surfacewater/Water 1,575,0001 775,000 800,000 200,000 400,000 200,000 Undetermined TOTAL SOURCES 1 39,641,9331 7,471,0081 11,237,5921F 20,733,333 1 8,165,8331 8,365,0001 4,202 500 R.W. sr 062920D8 221 PM 5-3 FINAL CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board.. Staff Contact...... Subject: Public Works Transportation Systems Robert Lochmiller, Project Manager (extension 7303) Rainier Avenue South (SR 167) Improvement Project Phase 1: Shattuck Avenue South Stormwater Bypass: KBA, Inc., CAG 09-151 Construction Management Services by KBA, Inc. Exhibits: Issue Paper Supplemental Agreement AI #: , For Agenda of: September 21, 2009 Agenda Status Consent .............. X Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... X Study Sessions...... Information ......... Recommended Action: Approvals: Council Concur Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: T12703 Expenditure Required... $249,800 Transfer/Amendment....... Amount Budgeted....... $715,500 (2009 & 2010) Revenue Generated......... $1,948,674 Total Project Budget $19,403,425 (2009 & City Share Total Project.. 2010) SUMMARY OF ACTION: The supplemental agreement will provide construction management services for the duration of the project. These services will include project management, preconstruction services, contract administration, Section 106 monitoring, design support and construction services for this project. Inspection will be provided by City staff. The project construction management is being funded by the American Recovery and Reinvestment Act, which has additional requirements over previous federally funded projects. The Transportation Division believes that expertise is needed in construction management on federally funded projects to ensure all requirements are met and that the City does not jeopardize any funding on this or future projects. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the supplemental agreement with KBA, Inc. in the amount of $249,800 for construction management services on the Shattuck Avenue South Stormwater Bypass Project. H:\Division.s\TRANSPOR.TAT\DESIGN.ENG\Rob\Shattuck\Construction Management\Contract\Agenda Bill for KBA Supplement 090902.doc PUBLIC WORKS DEPARTMENT p Citv of �� , M E M O R A N D U M DATE: September 21, 2009 TO: Randy Corman, Council President Members of Renton City Council VIA: k'er Ck, Denis Law, Mayor FROM: Gregg Zimmermai; Idministrator STAFF CONTACT: Robert Lochmiller, Project Manager (Extension 7303) SUBJECT: Rainier Avenue South (SR 167) Improvement Project Phase 1: Shattuck Avenue South Stormwater Bypass: KBA, Inc., CAG 09-151 Construction Management Services by KBA, Inc. ISSUE: Should the Mayor and City Clerk execute the supplemental agreement for construction management for the Rainier Avenue South (SR 167) Improvement Project Phase 1: Shattuck Avenue South Stormwater Bypass with KBA Inc? RECOMMENDATION: Authorize the Mayor and City Clerk to execute the supplemental agreement with KBA, Inc. in the amount of $249,800 for construction management services on the Shattuck Avenue South Stormwater Bypass Project. BACKGROUND: Staff interviewed construction management consultants for the subject project on August 11, 2009. The firm of KBA, Inc. was determined to be the best candidate for construction management of this project. The original consultant agreement ($19,500) provided preliminary construction management services for the beginning of this project. The consultant agreement was to get the consultant onboard before the construction begins this month. The supplemental agreement will provide construction management services for the duration of the project. These services will include project management, preconstruction services, contract administration, Section 106 (archaeological) Randy Corman, Council President Members of Renton City Council Page 2 of 2 September 21, 2009 monitoring (per NEPA determination), design support and construction services for this project. Inspection will be provided by City staff. The project construction management is funded by the American Recovery and Reinvestment Act, which has additional requirements over previous federally funded projects. The Transportation Division believes that expertise is needed in construction management on federally funded projects to ensure all requirements are met and that the City does not jeopardize any funding on this project or future projects. cc: Bob Hanson, Transportation Design Supervisor Rob Lochmiller, Transportation Project Manager Constance Brundage, Transportation Secretary h:\division.s\transpor.tat\design.eng\rob\shattuck\construction management\contract\issue paper for kba supplement 090910.doc Supplemental Agreement No. 1 Client: City of Renton Basic Agreement No. Fed Aid #ARRA-0167(044) Consultant Organization and Address KBA, Inc. 11000 Main StreetBellevue, Project Title: Rainier Ave. S. (SR 167) Phase 1 — Shattuck Ave. S. Stormwater Bypass WA 98004 Phone: (425) 455-9720 New Maximum Amount Payable, including all Supplements: $ 269.300.00 Purpose for, and Summary of Services under, this Supplement: To continue the Construction Management Services begun under the initial Preliminary Construction Management Services scope authorized August 14, 2009. The above -cited Client desires to supplement the Agreement cited above, entered into with KBA. Inc. and executed on August 14, 2009. The effective date of this Supplement is September 8, 2009. All provisions in the Basic Agreement remain in effect except as expressly modified by this Supplement Number 1. The changes in the Agreement are described as follows: Section II, Scope of Services: ® is hereby revised by adding the scope of services detailed in the attached Exhibit A-1 Section IV, Time for Beginning and Completion: ® No change Section V, Payment Provisions: ® The total amount authorized to be added to the Agreement via this supplement is $249,800, as detailed in the attached Exhibit E-1a. Exhibit G: ® is hereby replaced to include the Subconsultant work and fee determination as outlined in the attached Exhibit G and Exhibit GA respectively, for Rosewater-GHD, Inc., and Widener & Associates. If you concur with this Supplemental Agreement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. CONSULTANT: CLIENT: KBA, INC. CITY OF RENTON By: By Date: Kristen A. Betty, P.E. President Printed Name: Title: Date: C:Mocuments and SettingslRlochmiller.RENTON1Local SettingsUemporary Internet FileslConlent.OuUook\NZ9SDH03�2009 09 10_SuppNol-FINAL (2).docx 1 of 1 Supplemental Agreement No. 1 Client: City of Renton Basic Agreement No. Fed Aid #ARRA-0167(044) Consultant Organization and Address KBA, Inc. 11000 Main Street Project Title: Rainier Ave. S. (SR 167) Phase 1 — Shattuck Ave. S. Stormwater Bypass Bellevue, WA 98004 Phone: (425) 455-9720 New Maximum Amount Payable, including all Supplements: $ 269.300.00 Purpose for, and Summary of Services under, this Supplement: To continue the Construction Management Services begun under the initial Preliminary Construction Management Services scope authorized August 14, 2009. The above -cited Client desires to supplement the Agreement cited above, entered into with KBA. Inc. and executed on August 14, 2009. The effective date of this Supplement is September 8, 2009. All provisions in the Basic Agreement remain in effect except as expressly modified by this Supplement Number 1. The changes in the Agreement are described as follows: Section II, Scope of Services: ® is hereby revised by adding the scope of services detailed in the attached Exhibit A-1. Section IV, Time for Beginning and Completion: ® No change Section V, Payment Provisions: ® The total amount authorized to be added to the Agreement via this supplement is $249,800, as detailed in the attached Exhibit E-1a. Exhibit G: ® is hereby replaced to include the Subconsultant work and fee determination as outlined in the attached Exhibit G and Exhibit GA respectively, for Rosewater-GHD, Inc., and Widener & Associates. If you concur with this Supplemental Agreement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. CONSULTANT: KBA, INC. CLIENT: CITY OF RENTON By: By Kristen A. Betty, P.E. President Printed Name: Date: Title: Date: C:1Documents and Settingsaochmiller.RENTOMLocal Settings\Temporary Internet Files%Conlent.Outlook\NZ9SDH0312009 09 10_SuppNol-FINAL (2).docx 1 of 1 KBA, Inc. EXHIBIT A-1, Supplement 1 SCOPE OF SERVICES Construction Management Services for Rainier Ave. S. (SR 167) Phase 1-- Shattuck Ave. S. Stormwater Bypass September 10, 2009 This Supplement 1 is to continue the services begun under the initial Preliminary Construction Management Services scope authorized August 14, 2009. The scope of services detailed below describes the Construction Management (CM) services KBA, Inc. (Consultant) will provide to the City of Renton (Agency) for the subject Project. These services will include consultation, contract administration, field observation, documentation, and material testing, as required during the construction of the Project, as detailed below. Services will be in accordance with the WSDOT Standard Specifications, ARRA Funding Requirements, and WSDOT LAG Manual. CONSTRUCTION MANAGEMENT SERVICES A. Project Management 1. Continue to provide overall project management, coordination with the Client, monthly progress reports, and invoicing. This effort will include the following elements. a. Day-to-day project management: liaison with Client on a regular basis to discus Project issues and status. Decide on best modes and frequency of communication with the Client and Designer, and use them. b. Manage CM Team, comprised of Consultant's staff and subconsultants. Organize and layout work for Project staff. Prepare project instructions on contract administration procedures to be used during construction. c. Monitor success and efficiency of city -provided inspection services, and advise if additional resources are needed. d. Review monthly expenditures and CM team scope activities. Prepare and submit to Client, invoices and progress report describing CM services. Deliverables • Monthly invoices and progress reports B. Preconstruction Services 1. Finalize Construction Management Plan (CM Plan) for the project. 2. Provide one set of preconstruction photographs and video. Deliverables • Construction Management Plan, draft and final • Preconstruction photos, digital files on CD/DVD • Videotape or video file on DVD C. Construction Services — Contract Administration Continue services begun under the original scope: 1. Liaison with the Client, construction contractor, designer, appropriate agencies, property owners, and utilities. S:\Projects\Contracts\Client\Renton\09028-ShattuckAveStonnBypass\Dratts&NegotiationRecords\In-houseDrafts\02-Shattuck-Ave-Ph-2\ExhA2-Scope091009.docx 1 of 7 KBA, Inc. September 10, 2009 2. Provide the Client with brief monthly construction progress reports, highlighting progress and advising of issues which are likely to impact cost, schedule, or quality/scope. 3. Schedule Review a. Review construction contractor's schedules for compliance with Contract Documents. b. Monitor the construction contractor's conformance to schedule and require revised schedules when needed. Advise Client of schedule changes. c. Prepare as -built schedule, using information from daily construction reports and other information. 4. Progress meetings. Lead regular (usually weekly) progress meetings with the construction contractor, including Client pre -briefing, and preparing weekly meeting agenda and meeting notes, and distributing copies to attendees. Track outstanding issues on a weekly basis. 5. Update CM Plan as needed to reflect changes in policy and/or procedure that occur during the Project, and orient CM Team to the changes. 6. Manage Submittal Process. Track and review, or cause to be reviewed by other appropriate party, work plans, shop drawings, samples, test reports, and other data submitted by the construction contractor, for general conformance to the Contract Documents. 7. Record of Materials. Review the Record of Materials provided by WSDOT, indicating anticipated material approvals, material compliance documentation, and materials testing requirements. Maintain records of material compliance documentation received, and advise of any known deficiencies. 8. Manage RFI (request for information) process. Track and review/evaluate, or cause to be reviewed/evaluated by other appropriate party, RFIs. Manage responses to RFIs. 9. Change management. Evaluate entitlement, and prepare scope, impact, and independent estimate for change orders. Facilitate resolution of change orders. 10. Monthly Pay Requests. Prepare monthly requests for payment and/or review payment requests submitted by the construction contractor. Review with Client and construction contractor, and recommend approval, as appropriate. 11. Evaluate construction contractors' Schedule of Values for lump sum items. Review the Contract Price allocations and verify that such allocations are made in accordance with the requirements of the Contract Documents. 12. Assist the Client in preparation of applications for the following permits which are deemed necessary for construction and which were not obtained during the design phase of the Project: a. BNSF Permit 13. Assist the Client in the investigation of malfunctions or failures during construction. 14. Public Information. Provide information for Client to prepare media communications and public notices on Project status. Provide information for Client's inclusion into a Project website and/or newsletters, if requested. 15. Record drawings. Review not less than monthly, the construction contractor's redline set of contract plans. Maintain a CM Team set of conformed drawings tracking plan changes, location of discovered anomalies, and other items, as encountered by the CM team. Use these markups to check the progress of the Contractor -prepared Record Drawings. 16. Document Control. Establish and maintain document filing and tracking systems, following Client guidelines and meeting funding agency requirements. Collect, organize, and prepare documentation on the Project. One hard copy of files will be kept in the project field office. Electronic documentation will be stored in a Project Website, using SharePoint software, S:\Projects\Contracts\Client\Renton\09023ShattuckAveStormBypass\Drafts&NegotiaUonRecords\In-houseDrafts\02-Shattuck-Ave-Ph-2\ExhA2Scopeo910o9.docx 2 of 7 KBA, Inc. September 10, 2009 managed and hosted by the Consultant. Owner will be provided with up to 4 licenses for using the SharePoint website. 17. Project Closeout. Prepare Certificates of Substantial (including punch list), Physical, and Final Completion. Prepare final pay estimate. 18. Final Records. Compile and convey final project records, transferring to the Client for archiving at final acceptance of the Project. Records will consist of hard copy originals, and electronic records on CD/DVD. Deliverables • Monthly Construction Progress Reports • Schedule review comments • As -built schedule • Meeting agendas and notes • Submittal log • Record of Materials • RFllog • Change Order(s) • Progress pay requests • Certificates of Completion and punch list(s) • Final records — hard copy and electronic D. Construction Services —Field 1. Coordinate work of City inspectors a. Orient City inspectors to required forms and processes. b. Provide occasional monitoring of completion of those responsibilities, and provide guidance advice as needed. c. Review inspectors' Daily Reports 2. Notify construction contractor of noncompliance of material, workmanship, and construction areas with the Contract Documents and applicable codes. Advise the Client of any non- conforming work reported by City Inspectors. 3. Interpret Contract Documents, in coordination with Designer. 4. Decide questions which may arise as to the quality and acceptability of material furnished, work performed, and rate of progress of work performed by the construction contractor. 5. Coordinate Inspectors' establishment of communications with adjacent property owners. Respond to questions from property owners and the general public. 6. Coordinate with permit holders on the Project to monitor compliance with approved permits, if applicable. 7. Coordinate preparation of, and prepare as necessary, field records and documents to help assure the Project is administered in accordance with funding agency requirements. 8. Attend and actively participate in regular on -site meetings. 9. Photographs to be Label and organize photographs taken by field inspectors, as detailed in the CM Plan. 10. Punch list. Upon substantial completion of work, coordinate with the Client and affected agencies, to prepare a 'punch list' of items to be completed or corrected. Coordinate final inspection with those agencies. S:\Projects\Contracts\Client\Renton\0902&ShattuckAveStorrnBypass\Drafts&NegotiationRecords\In-houseDrafts\02-Shattuck-Ave-Ph-2\ExhA2-Scope091009.docx 3 of 7 KBA, Inc. September 10, 2009 11. Testing. Cause to be conducted, materials and laboratory tests. Coordinate the work of the Agency inspector(s) and the King County Testing Laboratory in the observation and testing of materials used in the construction; document and evaluate results of testing; and inform Client and construction contractor of deficiencies. Deliverables • Inspector's Daily Construction Reports with project photos — submitted to Agency on a weekly basis • Punch List, Certificate of Substantial Completion • Test reports E. Environmental and permitting compliance monitoring and reporting. 1. Monitor the project site at the frequency and as required by Section 106 of the National Historic Preservation Act of 1966 (NHPA), by the NEPA Environmental Assessment, and by the LAG manual. 2. Provide and submit documentation and reporting to show compliance with those requirements. 3. Update the Biological Assessment at six-month intervals. 4. Assist the City with railroad and environmental permitting compliance for the project. F. Assumptions 1. Budget a. Staffing levels are anticipated in accordance with the attached budget estimate. A certain amount of overtime has been figured into the budget to use, if needed, during peak construction activities. Supplemental assistance may be needed depending upon construction contractor's activities (number of crews and shifts). b. The work is anticipated to be performed during daytime hours. Should night work be necessary, a 15 percent premium for labor will be applied to all hours that Consultant employees work between 7 pm and 7 am. c. The level of effort in accomplishing the scope items is limited to the pre -approved budget. Consultant will not exceed the approved budget without prior approval by the Client. Consultant services are budgeted from September 1, 2009 through September 30, 2010, and the budget is based on an 80-working day construction contract, plus time allotted for project setup and closeout. Should further services be required, or should the construction contract run longer than this time period, the Client and Consultant will negotiate a supplement to this Agreement. d. An anticipated level of effort for this Agreement is shown on Exhibit D-2, Supplement 1. These costs are itemized to aid in project tracking purposes only. The budget may be transferred between tasks, provided the total contracted amount is not exceeded. 2. Items and Services Client will provide a. Field office, furniture, office telephones, fax and copy machines and supplies, other office equipment and all necessary utilities as needed. [Construction contractor will provide space and furniture.] b. Retain Engineer of Record for shop drawing review, RFI's, design changes, and final record drawings. c. Coordination with and enforcement of utility franchise agreements and/or contracts and schedules for services related to this Project. d. Contract with King County for testing services. S:\Projects\Contracts\Client\Renton\0902&ShattuckAveStormBypass\Drafts&NegotiationRecordsUn-houseDrafts\02-ShatWck-Ave-Ph-MxhA2Scopeo91009.d= 4 of 7 KBA, Inc. September 10, 2009 e. Construction survey. Provide survey and staking that is not already assigned to the construction contractor. Specifically: project control, one time; and construction staking. [These services to be performed by KPGJ f. Field inspection. Provide the services of 2 full-time, field inspectors. Inspectors will: i. Observe the technical conduct of the construction, including providing day-to-day contact with the construction contractor, Consultant, utilities, and other stakeholders, and monitor for adherence to the Contract Documents. ii. Observe material, workmanship, and construction areas for compliance with the Contract Documents and applicable codes. Advise the Consultant of any non- conforming work observed during site visits. iii. Prepare daily construction reports, recording the construction contractor's operations as actually observed by the Inspector; includes quantities of work placed that day, contractor's equipment and crews, and other pertinent information. iv. Establish communications with adjacent property owners. Respond to questions from property owners and the general public. Report on all such interactions in daily construction reports, and inform Resident Engineer. v. Prepare field records and documents to help assure the Project is administered in accordance with funding agency requirements. vi. Attend and actively participate in regular on -site meetings, as requested. vii. Take periodic digital photographs during the course of construction, and label and file appropriately. g. If the Agency determines that their provided inspectors cannot provide or perform at an acceptable level to meet Federal guidelines, the Agency may elect to use inspectors provided by the Consultant. The budget for those services will be supplemented to this agreement as authorized by the Agency in writing. Deliverables • Daily Construction Reports with project photos — submitted on a weekly basis • Field records such as wage interviews, etc. • Other documentation as required, such as material certifications, truck tickets, etc. 3. Scope a. Consultant will provide observation services for the days/hours that Field Representative staff is/are on -site. The Field Representative(s) will not be able to observe or report construction activities, or collect documentation, during the time he/she is not on -site. b. The Consultant's monitoring of the construction contractor's activities is to ascertain whether or not they are performing the work in accordance with the Contract Documents; in case of noncompliance, Consultant will reject non -conforming work, and pursue the other remedies in the interests of the Client, as detailed in the Contract Documents. The Consultant cannot guarantee the construction contractors' performance, and it is understood that Consultant shall assume no responsibility for: proper construction means, methods, techniques; project site safety, safety precautions or programs; or for the failure of any other entity to perform its work in accordance with laws, contracts, regulations, or Client's expectations. c. Definitions and Roles. The use of the term "inspect" is synonymous with "construction observation:, and reference to the "Inspector" role is synonymous with "Field Representative", and means: performing on -site observations of the progress and quality of the Work and determining, in general, if the Work is being performed in conformance with the Contract Documents; and notifying the Client if, in their opinion, Work does not conform to the Contract Documents or requires special inspection or testing. Where S:\Projects\Contracts\Client\Renton\09023-ShattuckAveStormBypass\Drafts&NegotiationRecords\In-houseDrafts\02-Shattuck-Ave-Ph-MxhA2-Scope091009.docx 5 of 7 KBA, Inc. September 10, 2009 "Specialty Inspector" or "specialty inspection" is used, it refers to the detailed inspection and sign -off required by codes and regulations, such as electrical or welding inspection. d. Because of the prior use of the project site, there is a possibility of the presence of toxic or hazardous materials. Consultant shall have no responsibility for the discovery, presence, handling, removal or disposal of toxic or hazardous materials, or for exposure of persons to toxic or hazardous materials, in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. If the Consultant suspects the presence of hazardous materials, they will notify the Client immediately for resolution. e. If Consultant's Scope of Services includes Constructability Review of design documents, such review will be for constructability, for general conformance with the design concept, and for contradictions and inconsistencies between the various parts of the design documents. This review will not include review of the accuracy or completeness of details, such as quantities, dimensions, weights, or gauges, fabrication processes; and will not include quantity takeoffs f. Review of Shop Drawings and other construction contractor submittals is not intended as an approval of the submittals if they deviate from the Contract Documents or contain errors, omissions and inconsistencies, nor is it intended to relieve the construction contractor of their full responsibility for Contract performance, nor is the review intended to ensure or guarantee lack of inconsistencies, errors, and/or omissions between the submittals and the Contract requirements. This review will not include review of the accuracy or completeness of details, such as quantities, dimensions, weights, or gauges, fabrication processes, construction means or methods, or coordination of the work with other trades, all of which are the sole responsibility of the construction contractor. Review of a specific item will not indicate that the Consultant has reviewed the entire assembly of which the item is a component. g. Any opinions of probable construction cost provided by the Consultant will be on the basis of experience and professional judgment. However, since Consultant has no control over competitive bidding or market conditions, the Consultant cannot and does not warrant that bids or ultimate construction costs will not vary from these opinions of probable construction costs. h. Development of construction schedules and/or sequencing, and/or reviewing and commenting on contractors' schedules, is for the purpose of estimating number of days to complete a project, and for identifying potential schedule and coordination challenges and determining compliance with the construction contract. It is not a guarantee that a construction contractor will complete the project in that sequence or timeline, as means and methods are the responsibility of the construction contractor. i. Consultant is not responsible for any costs, claims, or judgments arising from or in any way connected with errors, omissions, conflicts or ambiguities in the Contract Documents prepared by others. j. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances, in the same geographical area and time period. II. OPTIONAL SERVICES The services described under this task, and any other Extra Work requested by the Client, will be performed only when authorized by the Client. Authorization to perform Extra Work will be in the form of a mutually negotiated Supplement to this Agreement, specifying the scope of services and budget. A. Provide additional construction observation staff as needed. S:\Projects\Contracts\CI!ent\Renton\09023-ShattuckAveStonnBypass\Drafts&NegotaGonRecords\In-houseDrafts\02-Shattuck-Ave-Ph-2 xh#-Scope091009.docx 6 of 7 KBA, Inc. September 10, 2009 B. Restaking and/or changes to the one-time control and construction staking, as design changes or stakes or monuments are interfered with by construction contractor. C. Public Involvement support. 1. Coordinate media releases and traffic advisory updates. 2. Develop and maintain Project website, updating project progress monthly. 3. Provide periodic notification newsletters to affected property owners on upcoming work, and include contact numbers. D. Provide administrative and support services during construction which are not included in the above scope of services, which may include: 1. Investigations, meetings, and negotiations with the construction contractor involving claims and legal complaints, or a significant amount of defective or rejected work. A "significant amount" would be an item that might represent more than 2.5 percent of the total contract bid amount. 2. Additional work resulting from delinquency or insolvency of the construction contractor; or as a result of damage to the construction Project caused by fire, flood, earthquake or other acts of God, all exclusive of additional work resulting from litigation. 3. Additional work resulting from strikes, walkouts, or other acts of trade or labor unions or work required to resolve disputes or goals involving minorities. Additional work resulting from significant delays or acceleration of the work by the construction contractor. 4. Assistance to legal, financial, or other consultants engaged by the Client beyond the services previously described. 5. Additional services resulting from changes in scope or design of the Project due to circumstances beyond the Consultant's control. Changes include, but are not limited to, changes in size, complexity, the schedule, character of construction, or method of financing. E. Prepare additional copies of approved drawings, specifications, and other contract documents, either for bidding purposes, or as requested by the Client. F. Provide record drawings. G. Drafting of Procedures, or Operations and Maintenance Manual(s). S:\Projects\Contracts\Client\Renton\09023-ShattuckAveStormBypass\Drafts&Negotiation Records\In-houseDrafts\02-Shattuck-Ave-Ph-MA,A2-Scopeo9loo9.docx 7 of 7 Exhibit D-2a Summary of Payments - CPFF Basic Agreement Supplement #1 Total Direct Salary Cost $ 7,105.00 $79,285.35 $86,390.35 Overhead (Including Payroll Additives) $ 9,486.60 $105,861.80 $115,348.40 Direct Non -Salary Costs $ 776.90 $ 8,867.25 $ 9,644.15 Fixed Fee $ 2,131.50 $ 23,785.60 $ 25,917.10 Subconsultants $ 0.00 $ 32,000.00 $ 32,000.00 Total $19,500.00 $249,800.00 $269,300.00 CADocuments and Settings\Rlochmiller.RENTON\Local Settings\Temporary Internet Files\Content.Outlook\NZ9SDH03\ExD-2a-FINAL091009.docx 1 of 1 EXHIBIT E-1a CONSULTANT FEE DETERMINATION SUMMARY SHEET (COST PLUS FIXED FEE) KBA Project #09023 PROJECT: Rainier Ave. S. (SR 167) Ph. 1 - Shattuck Ave. S. Stormwater Bypass DIRECT SALARY COST (DSC): Estimated Estimated Estimated 2009 Classification Hours Rates Cost Project Manager 88 x $69.50 = $ 6,116.00 Resident Engineer 615 x $44.50 = $ 27,367.50 Project Administration 615 x $31.00 = $ 19,065.00 Field Engineer 50 x $44.75 = $ 2,237.50 Contracts Manager 5 x $33.65 = $ 168.25 Risk Manager 8 x $38.00 = $ 304.00 TOTAL DSC 1,381 $ 55,258.25 Estimated Estimated Estimated 2010 Classification Hours Rates Cost Project Manager 36 x $72.98 = $ 2,627.28 Resident Engineer 264 x $46.73 = $ 12,336.72 Project Administration 264 x $32.55 = $ 8,593.20 Field Engineer 10 x $46.99 = $ 469.90 Contracts Manager 0 x $35.33 = $ - Risk Manager 0 x $39.90 = $ - TOTAL DSC 574 $ 24,027.10 TOTAL 2009 and 2010 DSC $ 79,285.35 OVERHEAD (OH COST - including Salary Additives) OH Rate x DSC of 133.52% x $ 79,285.35 = $ 105,861.80 FIXED FEE (FF): FF Rate x (DSC+OH) of 30 % x $ 79,285.35 = $ 23,785.61 REIMBURSABLES: Vehicles, Mileage, Reproduction, Postage, Misc. $ 8,867.25 SUBCONSULTANT COSTS (See Exhibit G) Rosewater-GHD $ 20,000.00 Widener & Associates $ 12,000.00 Subconsultant Total $ 32,000.00 TOTAL $ 249,800.00 Optional Inspection Services to be authorized by client $ - GRAND TOTAL = $ 249,800.00 PREPARED BY: K. Wendell Adams Date: September 10, 2009 CADocuments and Settings\Rlochmiller.RENTON\Local Settings\Temporary Internet Files\Content.Outlook\NZ9SDH03\ExE-la_BudgetSpreadshee091009t.xlsx KBA Ex. E-1a Exhibit G Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: • Environmental Assessment Updates • Section 106 Monitoring • Construction Management Support from Designers Exhibit G-1 Subconsultant Fee Determination - Summary Sheet (Mandatory when Subconsultants are utilized) Project: Rainier Ave. S. (SR 167) Phase 1 - Shattuck Ave. S. Storinwater Bypass Sub Consultant: Rosewater - GHD, Inc. Direct Salary Cost (DSC): Classification Man Hours Rate — Cost Proiect Manager 36.0 Proiect Engineer 92.0 Engr. Tech (CAD) 8.0 Proiect Admin. 8.0 X 53.97 $ 1,943.00 X 37.23 3.425.00 X 39.88 319.00 X 28.63 229.00 X X X X X Total DSC = $ 5,916.00 Overhead (OH Cost -- including Salary Additives): OH Rate x DSC of 203.36 % x $ 5,916.00 = 12,030.78 Fixed Fee (FF): FF Rate x DSC of 30 % x $ 5,916.00 = 1,774.80 Reimbursables: Itemized = 278.41 SubConsultant Total = 20,000.00 Grand Total = 20,000.00 Prepared By: K. Adams, PE Date: September 8, 2009 DOT Form 140-089 EF Exhibit G-1 Revised 01/09 Exhibit G-1 Subconsultant Fee Determination - Summary Sheet (Mandatory when Subconsultants .are utilized) Project: Rainier Ave. S. (SR 167) .Pliase l - Shattuck Ave. S. Storitiwater Bypass Sub Consultant. Widener&Associates Direct Salary Cost (DSC): Classification Man Hours Rate = cost Project Manager 48.0 Sr. Biologist/Planner 30:0 X X X X X X X X X 50.00 31.00 2,400.00 930.00 i 11 Total DSC = $ 3,330.00 Overhead (OH Cost -- including Salary Additives): OH Rate x DSC of 150 % x $ 3,330.00 - 4;995.00 Fixed Fee (FF): FF Rate x DSC of 30 % x $ 3;3.30.00. = 999.00 Reimbursables: Itemized = 2,676.00 SubConsultant Total - 12,000.00 Grand Total = 12,000.00 Prepared By: K. Adains, PE Date: September 10, 2009 DOT Form 140-089 EF Exhibit 13-1 Revised 01/09 CITY OF RENTON COUNCIL AGENDA BILL I AIM Submitting Data: For Agenda of: Dept/Div/Board.. Public Works\Utility Systems September 21, 2009 Agenda Status Staff Contact...... Dave Christensen, x-7212 Consent .............. X Public Hearing.. Subject: Westview Lift Station Final Design and Construction Correspondence.. Services Annual Consultant Agreement with Carollo Ordinance ............. Engineers Resolution............ Old Business........ New Business....... Exhibits: Annual Consultant Agreement Study Sessions...... Information ......... Recommended Action: Approvals: Council Concur Legal Dept......... X Finance Dept...... X Other ............... Fiscal Impact: Expenditure Required... $62,437 Transfer/Amendment....... Amount Budgeted....... $90,000 Revenue Generated......... Total Project Budget $300,000 City Share Total Project.. SUMMARY OF ACTION: As part of the 2009 Wastewater Lift Station pre -design effort, a design report that outlined options for rehabilitation and options for potential gravity replacement was performed for the Westview Lift Station, including a cost effectiveness analysis. The analysis determined that the most cost efficient solution, which provided a minimum 20-year extended life for this station, was to perform a minor rehabilitation to the existing station. This option retains the basic structural and electrical elements of the station while replacing the majority of mechanical elements for which we have had issues. Carollo Engineers was selected from the approved 2009 Utility Systems Annual Consultant Roster to perform this work. There is sufficient funding for this contract in the 2009 Capital Improvement Program budget (426/u45479). STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the Annual Consultant Agreement with Carollo Engineers, in the amount of $62,437, for the Westview Lift Station Final Design and Construction Services Project. H:\File Sys\WWP - WasteWater\WWP-03-0000 Correspondence - Wastewater\DaveC\2009 Correspondence\Westview Lift Station Design AB.doc\DMCtp Renton net/agnbill/ bh E1-2009 ENGINEERING ANNUAL CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into on this , day of , 2009, by and between the CITY OF RENTON, WASHINGTON, A MUNICIPAL CORPORATION HEREINAFTER CALLED THE "CITY," and Carollo Engineers whose address is 1218 Third Avenue, Suite 1600, Seattle, Washington 98101, at which work will be available for inspection, hereinafter called the "CONSULTANT." PROJECT NAME: Westview Lift Station Final Design and Construction Services WHEREAS, the City has not sufficient qualified engineering employees to provide the engineering within a reasonable time and the City deems it advisable and is desirous of engaging the professional services and assistance of a qualified professional consulting firm to do the necessary engineering work for the project, and WHEREAS, the Consultant has represented and by entering into this Agreement now represents, that it is in full compliance with the statutes of the State of Washington for registration of professional engineers, has a current valid corporate certificate from the State of Washington or has a valid assumed name filing with the Secretary of State and that all personnel to be assigned to the work required under this Agreement are fully qualified to perform the work to which they will be assigned in a competent and professional manner, and that sufficient qualified personnel are on staff or readily available to Consultant to staff this Agreement. WHEREAS, the Consultant has indicated that it desires to do the work set forth in the Agreement upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein below, the parties hereto agree as follows: I SCOPE OF WORK The Consultant shall furnish, and hereby warrants that it has, the necessary equipment, materials, and professionally trained and experienced personnel to facilitate completion of the work described in Exhibit A, Scope of Work, which is attached hereto and incorporated into this Agreement as though fully set forth herein. The Consultant shall perform all work described in this Agreement in accordance with the latest edition and amendments to local and state regulations, guidelines and policies. The Consultant shall prepare such information and studies as it may deem pertinent and necessary, in order to pass judgment in a sound engineering manner on the features of the work. The Consultant shall make such minor changes, amendments or revisions in the detail of the work as may be required by the City. This item does not constitute an "Extra Work" item as related in Section VIII of the Agreement. The work shall be verified for accuracy by a complete check by the Consultant. The Consultant will be held responsible for the accuracy of the work, even though the work has been accepted by the City. II DESIGN CRITERIA The City will designate the basic premises and criteria for the work needed. Reports and plans, to the extent feasible, shall be developed in accordance with the latest edition and amendments of local and State regulations, guidelines, and specifications, including, but not limited to the following: pw:\\oco-pw-app:Carollo\Documents\Client\WA\Renton\Lift Station Pre-Desibm\Project Management\Contracts\Pi azza/Data_Center/Forms/City/Contracts E1-2009 1. Washington State Department of Transportation/American Public Works Association (WSDOT/APWA), "Standard Specifications for Road, Bridge, and Municipal Construction," as amended by Renton Standard Specification. 2. WSDOT/APWA, "Standard Plans for Road, Bridge and Municipal Construction." 3. Washington State Department of Transportation, "Highway Design Manual." 4. American Association of State Highway and Transportation Officials, "Standard Specifications for Highway Bridges." 5. Washington State Department of Transportation, "Bridge Design Manual, Volumes 1 and 2." 6. Washington State Department of Transportation, "Manual of Highways Hydraulics," except hydrologic analysis as described in item 14. 7. Washington State Department of Transportation, "Materials Laboratory Outline." 8. Transportation Research Board, "Highway Capacity Manual." 9. U.S. Department of Transportation, Federal Highway Administration, "Manual on Uniform Traffic Control Devices for Streets and Highways." 10. Washington State Department of Transportation, "Construction Manual." 11. Washington State Department of Transportation, "Local Agency Guidelines." 12. Standard drawings prepared by the City and furnished to the Consultant shall be used as a guide in all cases where they fit design conditions. Renton Design Standards, and Renton Specifications shall be used as they pertain. 13. Metro Transit, design criteria. 14. King County Surface Water Design Manual, Sections 1.2 and 1.3 of Chapter 1, and Chapters 3, 4, and 5. 15. American Association of State Highway and Transportation Officials, "A Policy on Geometric Design, of Highways and Streets." III ITEMS TO BE FURNISHED TO THE CONSULTANT BY THE CITY The City will furnish the Consultant copies of documents which are available to the City that will facilitate the preparation of the plans, studies, specifications, and estimates within the limits of the assigned work. All other records needed for the study must be obtained by the Consultant. The Consultant will coordinate with other available sources to obtain data or records available to those agencies. The Consultant shall be responsible for this and any other data collection to the extent provided for in the Scope of Work. City will provide to Consultant all data in City's possession relating to Consultants services on the project. Consultant will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the City. Should field studies be needed, the Consultant will perform such work to the extent provided for in the Scope of Work. The City will not be obligated to perform any such field studies. pw:\\oco-pw-app:Carollo\Docmnents\Client\WA\Renton\Lift Station Pre-Design\Project Management\Contracts\Piazza/Data_Center/Forms/City/Contracts E1-2009 IV OWNERSHIP OF PRODUCTS AND DOCUMENTS TO BE FURNISHED BY THE CONSULTANT Documents, exhibits or other presentations for the work covered by this Agreement shall be furnished by the Consultant to the City upon completion of the various phases of the work. All such material, including working documents, notes, maps, drawings, photo, photographic negatives, etc. used in the project, shall become and remain the property of the City and may be used by it without restriction. Any use of such documents by the City not directly related to the project pursuant to which the documents were prepared by the Consultant shall be without any liability whatsoever to the Consultant. All written documents and products shall be printed on recycled paper when practicable. Use of the chasing -arrow symbol identifying the recycled content of the paper shall be used whenever practicable. All documents will be printed on both sides of the recycled paper, as feasible. V TIME OF BEGINNING AND COMPLETION The work detailed in the Scope of Work will be performed according to Exhibit B, Time Schedule of Completion, attached hereto and incorporated herein as though fully set forth. It is agreed that all the Consultant's services are to be completed and all products shall be delivered by the Consultant unless there are delays due to factors that are beyond the control of the Consultant. The Consultant shall not begin work under the terms of this Agreement until authorized in writing by the City. If, after receiving Notice to Proceed, the Consultant is delayed in the performance of its services by factors that are beyond its control, the Consultant shall notify the City of the delay and shall prepare a revised estimate of the time and cost needed to complete the Project and submit the revision to the City for its approval. Time schedules are subject to mutual agreement for any revision unless specifically described as otherwise herein. Delays attributable to or caused by one of the parties hereto amounting to 30 days or more affecting the completion of the work may be considered a cause for renegotiation or termination of this Agreement by the other party. VI PAYMENT The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter as specified in Exhibit C, Cost Estimate. 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. All billings for compensation for work performed under this Agreement will list actual time (days and/or hours) and dates during which the work was performed and the compensation shall be figured using the rates in Exhibit C. Payment for this work shall not exceed $62,437 without a written amendment to this contract, agreed to and signed by both parties. Payment for extra work performed under this Agreement shall be paid as agreed to by the parties hereto in writing at the time extra work is authorized. (Section VIII "EXTRA WORK"). A short narrative progress report shall accompany each voucher for progress payment. The report shall include discussion of any problems and potential causes for delay. To provide a means of verifying the invoiced salary costs for consultant employees, the City may conduct employee interviews. pw:\\oco-pw-app:Carollo\Documents\Client\WA\Renton\Lift Station Pre-Design\Project Managentent\Contracts\Piazza/Data_Center/Forms/City/Contracts E1-2009 Acceptance of such final payment by the Consultant shall constitute a release of all claims of any nature, related to this Agreement, which the Consultant may have against the City unless such claims are specifically reserved in writing and transmitted to the City by the Consultant prior to its acceptance. Said final payment shall not, however, be a bar to any claims that the City may have against the Consultant or to any remedies the City may pursue with respect to such claims. The Consultant and its subconsultants shall keep available for inspection, by the City, for a period of three years after final payment, the cost records and accounts pertaining to this Agreement and all items related to, or bearing upon, these records. If any litigation, claim or audit is started before the expiration of the three-year retention period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. The three-year retention period starts when the Consultant receives final payment. VII CHANGES IN WORK The Consultant shall make all such revisions and changes in the completed work of this Agreement as are necessary to correct errors appearing therein, when required to do so by the City, without additional compensation. Should the City find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof revised, the Consultant shall make such revisions, if requested and as directed by the City in writing. This work shall be considered as Extra Work and will be paid for as provided in Section VIII. VIII EXTRA WORK The City may desire to have the Consultant perform work or render services in connection with the Project in addition to or other than work provided for by the expressed intent of the Scope of Work. Such work will be considered as Extra Work and will be specified in a written supplement which will set forth the nature and scope thereof. Work under a supplement shall not proceed until authorized in writing by the City. Any dispute as to whether work is Extra Work or work already covered under this Agreement shall be resolved before the work is undertaken. Performance of the work by the Consultant prior to resolution of any such dispute shall waive any claim by the Consultant for compensation as Extra Work. IX EMPLOYMENT The Consultant warrants that it has 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 he 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, gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City 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, while engaged in the performance of any work or services required by the Consultant under this Agreement, shall be considered employees of the Consultant only and not of the City and any and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees, while so engaged and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Consultant's employees, 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. pw:\\oco-pw-app:Carollo\Documents\Client\WA\Renton\Lift Station Pre-Design\Project Management\Contracts\Piazza/Data_Center/Forms/City/Contracts E 1-2009 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 this contract, in the employ of the City except regularly retired employees, without written consent of the City. If during the time period of this Agreement, the Consultant finds it necessary to increase its professional, technical, or clerical staff as a result of this work, the Consultant will actively solicit minorities through their advertisement and interview process. X NONDISCRIMINATION The Consultant agrees not to discriminate against any client, employee or applicant for employment or for services because of race, creed, color, national origin, marital status, sexual orientation, sex, age or handicap except for a bona fide occupational qualification with regard to, but not limited to the following: employment upgrading; demotion or transfer; recruitment or any recruitment advertising; layoff or termination's; rates of pay or other forms of compensation; selection for training; rendition of services. The Consultant understands and agrees that if it violates this Non -Discrimination provision, this Agreement may be terminated by the City and further that the Consultant shall be barred from performing any services for the City now or in the future, unless a showing is made satisfactory to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. XI TERMINATION OF AGREEMENT A. The City reserves the right to terminate this Agreement at any time upon not less than ten (10) days written notice to the Consultant, subject to the City's obligation to pay Consultant in accordance with subparagraphs C and D below. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, 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 City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City 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 City's concurrence, desire to terminate this Agreement, payment shall be made as set forth in Subsection C of this section. C. In the event this Agreement is terminated by the City other than for fault on the part of the Consultant, a final payment shall be made to the Consultant for actual cost for the work complete at the time of termination of the Agreement, plus the following described portion of the net fee. The portion of the net fee for which the Consultant shall be paid shall be the same ratio to the total net fee as the work complete is to the total work required by the Agreement. In addition, the Consultant shall be paid on the same basis as above for any authorized extra work completed. 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 as set forth herein above, then no final payment shall be due and the Consultant shall immediately reimburse the City for any excess paid. D. In the event the services of the Consultant are terminated by the City for fault on the part of the Consultant, the above stated formula for payment shall not apply. In such an event the amount to be paid shall be determined by the City 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 of a type which is usable pw:\\oco-pw-app:Carollo\Documents\Cljent\WA\Renton\Lift Station Pre-Design\Project Management\ContractsTiazza/Data_Center/Forms/City/Contracts E 1-2009 to the City at the time of termination, the cost to the City 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 City 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 if the formula set forth in subsection C above had been applied. E. In the event this Agreement is terminated prior to completion of the work, the original copies of all Engineering plans, reports and documents prepared by the Consultant prior to termination shall become the property of the City for its use without restriction. Such unrestricted use not occurring as a part of this project, shall be without liability or legal exposure to the Consultant. F. Payment for any part of the work by the City shall not constitute a waiver by the City 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 City. 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. XII DISPUTES Any dispute concerning questions of facts in connection with work not disposed of by agreement between the Consultant and the City shall be referred for determination to the Director of Planning/ Building/Public Works or his/her successors and delegees, whose decision in the matter shall be final and conclusive on the parties to this Agreement. In the event that either party is required to institute legal action or proceedings to enforce any of its rights in this Agreement, both parties agree that any such action shall be brought in the Superior Court of the State of Washington, situated in King County. XIII LEGAL RELATIONS The Consultant shall comply with all Federal Government, 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 Washington. The Consultant agrees to indemnify, defend and hold the City 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 part from the Consultant's errors, omissions, or negligent acts under this Agreement provided that nothing herein shall require the Consultant to indemnify the City against and hold harmless the City from claims, demands or suits based upon the conduct of the City, its officers or 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 City, its agents, officers and employees, this provision with respect to claims or suits based upon such concurrent negligence shall be valid and enforceable only to the extent of the Consultant's negligence or the negligence of the Consultant's agents or employees except as limited below. The Consultant shall secure general liability, property damage, auto liability, and professional liability coverage in the amount of $1.0 million, with a General Aggregate in the amount of $2.0 million, unless waived or reduced by the City. The Consultant shall submit a completed City of Renton Insurance Information Form, and the Standard Acord Certification Form prior to the execution of the contract. pw:\\oco-pw-app:Carollo\Documents\Client\WA\Renton\Lift Station Pre-Design\Project Management\Contracts\Piazza/Data_Center/Forts/City/Contracts E1-2009 The City of Renton will be named as Additional Insured(s) on Consultant's general liability, property damage and auto policies, with that coverage being primary and non-contributory with any other policy(ies) available to the City. A copy of the endorsement shall be provided to the City. The limits of said insurance shall not, however, limit the liability of Consultant hereunder. All coverages provided by the Consultant shall be in a form, and underwritten by a company acceptable to the City. The City will normally require carriers to have minimum A.M. Best rating of A XII. The Consultant shall keep all required coverages in full force and effect during the life of this project, and a minimum of forty five days' written notice shall be given to the City prior to the cancellation of any policy. The Consultant shall also submit copies of the declarations pages of relevant insurance policies to the City within 30 days of contract acceptance if requested. The Certification and Declaration page(s) shall be in a form as approved by the City. If the City's Risk Manager has the Declaration page(s) on file from a previous contract and no changes in insurance coverage has occurred, only the Certification Form will be required. The Consultant shall verify, when submitting first payment invoice and annually thereafter, possession of a current City of Renton business license while conducting work for the City. The Consultant shall require, and provide verification upon request, that all subconsultants participating in a City project possess a current City of Renton business license. The Consultant shall provide, and obtain City approval of, a traffic control plan prior to conducting work in City right-of-way. The Consultant's relation to the City shall be at all times as an independent contractor. It is further specifically and expressly understood that the indemnification provided herein constitute the Consultant's waiver of immunity under the Industrial Insurance Act, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this agreement. XIV SUBLETTING OR ASSIGNING OF CONTRACTS The Consultant shall not sublet or assign any of the work covered by this Agreement without the express consent of the City. XV ENDORSEMENT OF PLANS The Consultant shall place their certification on all plans, specifications, estimates or any other engineering data furnished by them in accordance with RCW 18.43.070. XVI COMPLETE AGREEMENT This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. Any supplements to this Agreement will be in writing and executed and will become part of this Agreement. 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. The invalidity or unenforceability of any provision in this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. pw:\\oco-pw-app:Carollo\Documents\Client\WA\Renton\Lift Station Pre-Design\Project Management\ContractsTiazza/Data_Center/Forms/City/Contracts E1-2009 XVII 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 Request for Qualifications, and the supporting materials submitted by the Consultant, and does hereby accept the Agreement and agrees to all of the terms and conditions thereof. IN WITNESS, WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CAROLLO ENGINEERS CITY OF RENTON Brian R. Matson, Partner Date Denis Law, Mayor Date ATTEST: Partner Date Bonnie I. Walton, City Clerk pw:\\oco-pw-app:Carollo\Documents\Client\WA\Renton\Lift Station Pre-Desip Project Management\Contracts\Piazza/Data_Center/Forms/City/Contracts E 1-2009 RESOLUTION NO. 3229 CITY OF RENTON SUMMARY OF FAIR PRACTICES POLICY ADOPTED BY RESOLUTION NO. 3 2 2 9 It is the policy of the City of Renton to promote and provide equal treatment and service to all citizens and to ensure equal employment opportunity to all persons without regard to race, color, national origin, ethnic background, gender, marital status, religion, age or disability, when the City of Renton can reasonably accommodate the disability, of employees and applicants for employment and fair, non-discriminatory treatment to all citizens. All departments of the City of Renton shall adhere to the following guidelines: (1) EMPLOYMENT PRACTICES - The City of Renton will ensure all employment related activities included recruitment, selection, promotion, demotion, training, retention and separation are conducted in a manner which is based on job -related criteria which does not discriminate against women, minorities and other protected classes. Human resources decisions will be in accordance with individual performance, staffing requirements, governing civil service rules, and labor contract agreements. (2) COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS - The City of Renton will cooperate fully with all organizations and commissions organized to promote fair practices and equal opportunity in employment. (3) AFFIRMATIVE ACTION PLAN - The City of Renton Affirmative Action Plan and Equal Employment Program will be maintained and administered to facilitate equitable representation with the City work force and to assure equal employment opportunity to all. It shall be the responsibility of elected officials, the Mayor, the Affirmative Action Officer, department administrators, managers, supervisors, Contract Compliance Officers and all employees to carry out the policies, guidelines and corrective measures set forth in the Affirmative Action Plan and Equal Employment Program. (4) CONTRACTORS' OBLIGATIONS - Contractors, sub -contractors, consultants and suppliers conducting business with the City of Renton shall affirm and subscribe to the Fair Practices and Non-discrimination policies set forth by the law and in the City's Affirmative Action Plan and Equal Employment Program. Copies of this policy shall be distributed to all City employees, shall appear in all operational documentation of the City, including bid calls, and shall be prominently displayed in appropriate city facilities. CONCURRED IN by the City Council o:fthe City o:fRENTON, Washington, this 7thday of October, 1996. CITY OF RENTON; ayor ,Anest- City Cler RENTON CITY COUNCIL: Council President pw:\\oco-pw-app:Carollo\Documents\Client\WA\Renton\Lift Station Pre-Desibm\Project Management\Contracts\Piazza/Data_Center/Forms/City/Contracts E1-2009 Y 1`t O AFFIDAVIT OF COMPLIANCE Carollo Engineers' hereby confirms and declares that (Name of contractor/subcontractor/consultant/supplier) I. It is Carollo Engineers' policy to offer equal (Name of contractor/subcontractor/consultant/supplier) opportunity to all qualified employees and applicants for employment without regard to the race, creed, color, sex, national origin, age, disability or veteran status. II. Carollo Engineers complies with all applicable federal, (Name of contractor/subcontractor/consultant/supplier) state and local laws governing non-discrimination in employment. II. When applicable, Carollo Engineeers will seek out and (Name of contractor/subcontractor/consultant/supplier) negotiate with minority and women contractors for the award of subcontracts. Brian R. Matson, Partner Print Agent/Representative's Name and Title Agent/Representative's Signature Instructions: This document MUST be completed by each contractor, subcontractor, consultant and/or supplier. Include or attach this document(s) with the contract. pw:\\oco-pw-app:Carollo\Documents\Client\WA\Renton\Lift Station Pre-Design\Project Management\Contracts\Piazza/Data_Center/Fot7nS/City/Contracts 10 Exhibit A Westview Lift Station Scope of Services PROJECT PURPOSE: As part of the 2009 Wastewater Lift Station Pre -design project (Phase 1), Carollo analyzed lift station rehabilitation and gravity sewer route alternatives for the Westview Area in a report titled, Westview Alternatives Analysis (Carollo, July 2009). Carollo recommended lift station rehabilitation as the service alternative for Westview Area. The City of Renton has requested final design and construction services be provided for the recommended alternative. PHASE 2 - FINAL DESIGN AND CONSTRUCTION SERVICES This scope of services covers the final design and construction services associated with the rehabilitation of the Westview Lift Station. The final design phase (Phase 2) of this project includes 60 percent, 90 percent, and final design submittals. Each submittal will include plans, specifications, and total a project cost estimate. Record drawings will also be provided as part of this scope of work. The City will perform office and construction inspection services (submittal/resubmittal response) for site/civil and concrete work and perform construction services (installation and inspection) for the new force main. Contract documents prepared for construction of the force main will include design drawings only (no specifications) and will not include the level of detail as typically shown in Contractor bid documents. The drawings will provide adequate information. for construction of the force main by City staff. TASK 1: PROJECT MANAGEMENT Task 1.1 - Project Management The objective of this task is to track and execute the project in accordance with the schedule, budget, and quality expectations that are established. This task includes the following project management work activities: Monitor project progress including work completed, work remaining, budget expended, schedule, estimated cost of work remaining, and estimated cost at completion; and manage activities within total project budget. Monitor project activities for potential changes, anticipate changes whenever possible, and with City approval, modify project tasks, task budgets, and approach to keep the overall project within budget and on schedule. Manage the quality control of all work activities and project deliverables. Carollo\Documents\Client\WA\Renton\8235X00\Project Management\Project Management Plan\Westview_Final Design Scope.doc Meetings • None Assumptions Assume project length is 14 months. DelivPrahlPs Scope of services and project budget Monthly progress report, invoice, and schedule Written documentation of amendments to the scope of services and associated budget TASK 2: PRELIMINARY DESIGN No services proposed for this task. TASK 3: FINAL DESIGN DEVELOPMENT The design phase of this project will be accelerated, as preliminary design was completed as part of the Westview Alternatives Analysis. Design submittals for the project will be provided at the 60 percent, 90 percent (Final Review Submittal), and Final (Contract documents) levels of design. A contractor will be invited to 60 percent and 90 percent design review meetings to evaluate the construction sequencing. Specifications will be based on 17-division CSI format (Carollo standard specifications) coded into WSDOT standard specification formatting. The rehabilitation design of the Westview Lift Station will generally consist of the following: • New concrete valve vault located adjacent to the wet well with new isolation (plug type) and check valves (swing type), instrumentation connections, and sump pump vault drain back to the wet well. • Replace anchors and supports with stainless steel anchors and supports. • Replace stainless steel discharge piping in wet well, as required. • Replace pump guide rail system. • Replace junction boxes with NEMA 4X rated junction boxes located outside of the classified ventilation area per NFPA 820. • Replace grinder pumps with similar grinder pumps. • Relocate float levels and use as backup level measurement system. Carollo\Documents\Client\WA\Renton\8235X00\Project Management\Project Management Plan\Westview_Final Design Scope.doc 2 • Add submersible transmitter/level transducer and use as primary level measurement system. • Modify wet well bottom to create slope as existing conditions allow. • Re-routing approximately 250 feet of 3-inch diameter force main directly up Monterey Avenue N.E. to a manhole located in N.E. 12th Street. Common Design Development Assumptions • All City review comments will be coordinated by the City as if coming from a single source, and will be received within three weeks of a submittal. • Drawings will be constructed using 2006 AutoCAD. • Maximum of 9 drawings will be prepared. Typical detail sheets will be bound, 8-1/2" x 11" sheets, attached at the end of the Contract documents. Carollo drafting standards, details, and borders will be used. • City to provide standard contract documents in electronic format for Carollo to attach to technical specifications and drawings. • Force main design will include a plan view drawing only with construction notes as required to facilitate proper construction and installation by City staff. • Submission of engineering calculations for typical details is not included in the scope of services. • Cost of City applications, forms or fees not included. • City to perform SEPA and other permitting requirements. • Contractor to acquire electrical permits. • Traffic control services not included • Utility locate services not included. • Modifications/replacement of the existing control panel is not required. • No easements will be required for project construction. • City will provide site access, if needed. Carollo\Documents\Client\WA\Renton\8235X00\Project Management\Project Management Plan\Westview_Final Design Scope.doc 3 Task 3.1 - City Lift Station Design Standards Carollo will review previous lift station design documents to identify/establish City design preferences and standards. After review, Carollo will conduct a Design Standards Meeting with City staff to discuss City lift station design preferences and standards based on the documents provided to Carollo. Following the Design Standards Meeting, and prior to starting final design, Carollo will conduct a Site Visit with the project team. Meetings • Design Standards Meeting (1) • Site Visit (1) Deliverables • Design Standards Meeting minutes (electronic .pdf file) Assumptions • Meeting will occur at City offices. • City to provide previous lift station design documents. • Design Standards Meeting and Site Visit to both Westview and Lake Washington Beach Lift Station sites to be held on same day. Task 3.2 - 60 Percent Design Development The 60 Percent Design Development will focus on the development of the following deliverables: • Additional Site Survey. This includes additional topographic survey of the project area using the primary control points on City of Renton datum. Survey will include a base map showing right-of-way and lot lines, one -foot contours, and all surface features. Additionally, it will include all underground utilities located from locator's paint, and readily available maps from the service provider. 60 percent drawings with 90 percent P&IDs and control narratives. • 60 percent technical specifications (divisions 1 through 17). • 60 percent construction cost estimate. Preliminary construction schedule. Construction Sequencing Review at design review meeting. Carollo\Documents\Client\WA\Renton\8235XD0\Project Management\Project Management Plan\Westview_Final Design Scope.doc 4 Meetings • 60 percent design review meeting. Deliverables • Two (2) hard copies and an electronic copy (.pdf file format) of 60 percent drawings (11 "x17") and specifications (bound together), construction cost estimate, and construction schedule. • 60 percent level construction cost estimate. Assumptions • Additional survey, approximately 30,000 square feet. • City will locate utilities and surveyor will call for locates for remaining private utilities. • Does not include obtaining a title report. • Contractor will attend design review meeting and evaluate construction sequencing. Task 3.3 - 90 Percent Design Development The 90 Percent Design Development will focus on the development of the following deliverables: • 90 percent drawings and control narratives. • 90 percent technical specifications (divisions 1 through 17). • 90 percent construction cost estimate. • Updated construction schedule. • Construction Sequencing Review at design review meeting. Meetings • 90 percent design review meeting. Deliverables • Two (2) hard copies and an electronic copy (.pdf file format) of 90 percent drawings (11 "x17") and specifications (bound together), construction cost estimate, and project schedule. • 90 percent level construction cost estimate. Carollo\Documents\Client\WA\Renton\8235X00\Project Management\Project Management Plan\Westview_Final Design Scope.doc 5 Assumptions • Contractor will attend design review meeting and evaluate construction sequencing. Task 3.4 - Final (Contract Document) Design Development Final Design Development will focus on the completion of the contract documents. The Contract documents will include the following: • Bid documents • Control narratives Engineer's construction estimate • Construction schedule Meetings None Deliverables • Five (5) 11 "x17"hard copies and five (5) 22"x34" hard copies and an electronic copy (.pdf file format) of Contract drawings. • Five (5) hard copies (bound together) and an electronic copy of specifications, construction cost estimate, and construction schedule. Assumptions Bid level construction estimates should be accurate with Contractor project bid prices. TASK 4: BID ASSISTANCE The objective of this task is to support the City during the bidding process. Task 4.1 - Respond to Questions and Issue Addenda Carollo will provide the City with technical support during the bidding period. The City will respond to questions relating to the contract and any City standards. Carollo will answer technical questions pertaining to the design that are forwarded by the City. Any issues requiring clarification and/or modification will be included in a bid package addendum. Meetings None Carollo\Documents\Client\WA\Renton\8235X00\Project Management\Project Management Plan\Westview_Final Design Scope.doc 6 Deliverables Addendum, issued in electronic .pdf file format. Assumptions Scope budgeted for maximum two (2) addenda. City will coordinate document distribution and record responses. TASK 5: ASSISTANCE DURING CONSTRUCTION The objective of this task is to support the City during the construction of the project. The City will perform all construction management services not described herein. Task 5.1 - Submittal Review Carollo will review submittals of mechanical/electrical nature for conformance with the Contract documents. Carollo will provide a written response to each submittal'that will designate the overall submittal as: "No Exceptions Taken", "Make Corrections Noted", "Amend and Resubmit", or "Rejected". The response will identify the contract requirements associated with any component that does not comply with the specifications, if applicable. Meetings None Deliverables • Submittal reviews, issued in electronic .pdf file format. Assumptions Scope budgeted for a maximum of four (4) total submittal or resubmittal packages for 3 hours each. Task 5.2 - Request for Information (RFIs) Carollo will respond to any RFIs forwarded by the City that are of a technical nature and require the engineer's input. Carollo will provide a written response to each RFI. Responses will be coordinated with the City. Meetings None Deliverables RFIs, issued in electronic .pdf file format. Carollo\Documents\Client\WA\Renton\8235X00\Project Management\Project Management Plan\Westview_Final Design Scope.doc 7 Assumptions • Scope budgeted for a maximum of four (4) RFIs at 2 hours each. Task 5.3 - On -site Mechanical Inspection Carollo will provide on -site mechanical inspection during construction to verify conformance with the mechanical specifications, confirm proper installation, and to answer questions. The mechanical inspector will attend a Pre -construction Meeting with the Contractor and City staff to discuss work efforts and daily interaction. Inspection reports will be prepared for each visit to document construction activities, decisions, and observations. Meetings Pre -construction Meeting (1). Deliverables Inspection reports. Assumptions • Four (4) hours per week, for an estimated 8-week construction period has been allocated for this effort. Task 5.4 - On -site Electrical Inspection Carollo will provide on -site electrical inspection during construction to verify conformance with the electrical specifications, confirm proper installation, and to answer questions. Inspection reports will be prepared for each visit to document construction activities, decisions, and observations. Meetings Pre -construction Meeting (1). Deliverables • Inspection reports. Assumptions Two (2) site visits over an estimated 8-week construction period has been allocated for this effort. Carollo\Documents\Client\WA\Renton\8235X00\Project Management\Project Management Plan\Westview_Final Design Scope.doc 8 Task 5.5 - Record Drawings Carollo will prepare Record drawings from red -line drawing markups provided by the Contractor. Meetings None Deliverables Two (2) hard copies (11 "x17"), two (2) hard copies (22"x34"), an electronic copy (.pdf file format), and an electronic copy of AutoCAD electronic files (.dwg file format) of Record drawings Assumptions Contractor will provide drawing markups using the color scheme identified in the technical specifications. Carollo\Documents\Client\WA\Renton\8235X00\Project Management\Project Management Plan\Westview_Final Design Scope.doc Exhibit B Estimated Timeline Westview Lift Station Kickoff Task 1: Project Management Task 2: Preliminary Design Task 3: Final Design Development Task 4: Bid Assistance Task 5: Assistance During Construction EXHIBIT C CAROLLO ENGINEERS, PC FEE SCHEDULE As of January 1, 2009 Hourly Rate Engineers / Scientists Assistant Professional $120.00 Project Engineer $140.00 Project Manager $170.00 Partner -in -Charge $215.00 Technicians Technicians $100.00 Senior Technicians $135.00 Construction Services Inspector $120.00 Senior Inspector $140.00 Senior Construction Manager $190.00 Support Staff Document Processing / Clerical $ 80.00 Project Equipment Communication Expense (PECE) Per DL Hour $ 9.00 Other Direct Expenses Travel and Subsistence at cost Mileage $0.55/mile Subconsultant cost + 10% Other Direct Costs cost + 10% This fee schedule is subject to annual revisions due to labor adjustments. pw/WA/Renton/Lift Station Pre-Design/Project Management/Budget/2009_ModifiedFeeSchedule.doc City of Renton mein 1P ran 4n<ha PrPleot M g - A b f AUvk f S� ' A kknF balstgh f ^x�iflf +"' "x ,rM,cC� r4 8�? a akas�UnN jALG1 ha'slo1 KAMi �^- ��`-:r-,, � .. }� _ „��t`� TbtifinlUkns. w r 3 �'0411� rt'°' «yA2Ubbb7Ung(r :;v,s� y-u .i n otal W� !'"" UUld`�°e y4''v�" 1,, 1' bd Cast ' 4�� 5= ' Cbsla flUbii' � :a RECE - . Eb kd Cn t Pbf TtsF Westview Lift Station Rehabilitation TASK 7 . - tea.,.>vs,9,,,:...._.�, ;. _: t ✓ ..;...,:. . �. 1 "- P yaf wa......,... � . ,.e,,,n�'`�u' � „rk q,, �incWdedl r�,. ,f' ^� tea. `ro-a .�...rt„�, -Project Management 1.1 rolect snagemenl .. Taskl:Subtotal TAS K 2 - Preliminary Design - None - 3g 14 p-...... ... , ...,�: 0 7 60 60 $8,915 -'fB 915 5150 .. $750' $540 : -3540 59,605 --ff,603 '. Task2:Subt.wi TASK ] -Final Design Development :. - 0 :..- 0 .''•:... 0 ::: .::. 0 p.': ::....- .. .. :: ...'0 ... .., 0', -,. .. p. ::. So SO .... -. -..: -SO -so- _ 3_7 Ci eUn rcStation Design Standards 3.2 60 Percent Design Development 4 fi 6 6 4 6 22 $3,080 $550 $198 53,828 $9D0 $17,530 3.3 90 Percent Design Development 28 16 4 B 40 6 100 $11,600 $5,030 3.4 Final(Conbacl Dowmentl Desgn Development 20 12 1 4 1 8 4 20 7 4 4 68 32 SB 200 f3995 $30 $3 0 $612 612 $B,B42 $8,34 Task J: Subtotal TASK 4 - Bid Assistance ..-1 - --': ::' 16"- 24 "�- '.62 --:'-::;`38 74.. :', ...222 ...f26,B76 $5.670 _. ... 51,998'':.: f]464]-: 4.7 Respondto Duestonsand ssue Addenda 2 1 6 Task '4; Subtotal-:. TASK 5 -Assistance During Construction 51 Submidal ::':0 ..- 0-: .`.,. 2 =' ':''6 :�:''::' 0':-.. ..::i..9 :, .. '0 ._- 8 9.,. -": E1000 'f1000 - 30 $72 "f72 f1,072 $1SI.072 Review 5.2 Requestforinfonna6on(RFIs) 1 5.3 Onsite Mechanical Ins 2 6 4 2 4 2 12 8 $L560 $1,040 $20 $108 $72 f1.68B 112 31,112 action 5.4 On Elecincal ins 4 B 32 44 E5,640 5800 f396 $6, 836 -site action 5.5 Record Drawings 4 2 20 1 4 19 26 23 $3,720 $2.420 $1.000 $234 $207 $4.954 $2,627 Task 6: Subtotal 0' - - e 13-':::-48 26 "18' -:--. 0 -- ": ':773':' -$14,380: -':'fi,B20. '.'S7.017. $17.217- -'- . ,:. PROJE�Y,TbiAls :2 -� 62• ..'.'. 39, ,,.;''; ,, ,, ":,;130 . - 64 .;�` ',0!.'� ,,;'.':,05 :` 2t ,.103 -" f51170 ''; 3r 40<:` `,., 33627; :. '', ez'oai _ CITY OF RENTON COUNCIL AGENDA BILL Al #: Submitting Data: For Agenda of: Dept/Div/Board.. Public Works\Utility Systems September 21, 2009 Staff Contact...... Dave Christensen, x-7212 Agenda Status Consent .............. X Public Hearing.. Subject: Lake Washington Beach Lift Station Final Design and Correspondence.. Construction Services Annual Consultant Agreement Ordinance ............. with Carollo Engineers Resolution............ Old Business........ New Business....... Exhibits: Annual Consultant Agreement Study Sessions...... Information......... Recommended Action: Approvals: Council Concur Legal Dept......... X Finance Dept...... X Other ............... Fiscal Impact: Expenditure Required... $135,877 Transfer/Amendment....... Amount Budgeted....... $150,000 Revenue Generated......... Total Project Budget $400,000 (2009/10) City Share Total Project.. SUMMARY OF ACTION: The 2009 Wastewater Lift Station pre -design effort evaluated the Lake Washington Beach Lift Station for potential rehabilitation options and for potential gravity replacement options. A cost effectiveness analysis was also performed to determine the least overall cost alternative. The analysis determined that while a gravity option is technically available, it is not recommended as it is not cost effective, and more importantly, it would increase risk that sewage overflows would occur in Gene Coulon Park. As such, we are proceeding on final design with a lift station rehabilitation option that replaces the station in a new better access location, with improved pump performance. Carollo Engineers was selected from the approved 2009 Utility Systems Annual Consultant Roster to perform this work. Funding for this contract will be from a combination of the current 2009 Capital Improvement Program ($50,000) along with a portion coming from the proposed 2010 Capital Budget ($85,877). The budget line item is 426/u45492. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the Annual Consultant Agreement with Carollo Engineers, in the amount of $135,877, for the Lake Washington Beach Final Design and Construction Services Project. H:\File Sys\WWP - WasteWater\WWP-03-0000 Correspondence - Wastewater\DaveC\2009 Correspondence\Lk Wa Beach Design AB.doc\DMCtp Renton net/agnbill/ bh E1-2009 ENGINEERING ANNUAL CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into on this , day of , 2009, by and between the CITY OF RENTON, WASHINGTON, A MUNICIPAL CORPORATION HEREINAFTER CALLED THE "CITY," and Carollo Engineers whose address is 1218 Third Avenue, Suite 1600, Seattle, Washington 98101, at which work will be available for inspection, hereinafter called the "CONSULTANT." PROJECT NAME: Lake Washington Beach Lift Station Final Design and Construction Services WHEREAS, the City has not sufficient qualified engineering employees to provide the engineering within a reasonable time and the City deems it advisable and is desirous of engaging the professional services and assistance of a qualified professional consulting firm to do the necessary engineering work for the project, and WHEREAS, the Consultant has represented and by entering into this Agreement now represents, that it is in full compliance with the statutes of the State of Washington for registration of professional engineers, has a current valid corporate certificate from the State of Washington or has a valid assumed name filing with the Secretary of State and that all personnel to be assigned to the work required under this Agreement are fully qualified to perform the work to which they will be assigned in a competent and professional manner, and that sufficient qualified personnel are on staff or readily available to Consultant to staff this Agreement. WHEREAS, the Consultant has indicated that it desires to do the work set forth in the Agreement upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein below, the parties hereto agree as follows: SCOPE OF WORK The Consultant shall furnish, and hereby warrants that it has, the necessary equipment, materials, and professionally trained and experienced personnel to facilitate completion of the work described in Exhibit A, Scope of Work, which is attached hereto and incorporated into this Agreement as though fully set forth herein. The Consultant shall perform all work described in this Agreement in accordance with the latest edition and amendments to local and state regulations, guidelines and policies. The Consultant shall prepare such information and studies as it may deem pertinent and necessary, in order to pass judgment in a sound engineering manner on the features of the work. The Consultant shall make such minor changes, amendments or revisions in the detail of the work as may be required by the City. This item does not constitute an "Extra Work" item as related in Section VIII of the Agreement. The work shall be verified for accuracy by a complete check by the Consultant. The Consultant will be held responsible for the accuracy of the work, even though the work has been accepted by the City. II DESIGN CRITERIA The City will designate the basic premises and criteria for the work needed. Reports and plans, to the extent feasible, shall be developed in accordance with the latest edition and amendments of local and State regulations, guidelines, and specifications, including, but not limited to the following: pwA\WA\Renton\8235X00\Project Management\Contracts\Final Lake Washington Lift Station\Consultant Agreement 2009 - LkWA.doc E1-2009 1. Washington State Department of Transportation/American Public Works Association (WSDOT/APWA), "Standard Specifications for Road, Bridge, and Municipal Construction," as amended by Renton Standard Specification. 2. WSDOT/APWA, "Standard Plans for Road, Bridge and Municipal Construction." 3. Washington State Department of Transportation, "Highway Design Manual." 4. American Association of State Highway and Transportation Officials, "Standard Specifications for Highway Bridges." 5. Washington State Department of Transportation, "Bridge Design Manual, Volumes 1 and 2." 6. Washington State Department of Transportation, "Manual of Highways Hydraulics," except hydrologic analysis as described in item 14. 7. Washington State Department of Transportation, "Materials Laboratory Outline." 8. Transportation Research Board, "Highway Capacity Manual." 9. U.S. Department of Transportation, Federal Highway Administration, "Manual on Uniform Traffic Control Devices for Streets and Highways." 10. Washington State Department of Transportation, "Construction Manual." 11. Washington State Department of Transportation, "Local. Agency Guidelines." 12. Standard drawings prepared by the City and furnished to the Consultant shall be used as a guide in all cases where they fit design conditions. Renton Design Standards, and Renton Specifications shall be used as they pertain. 13. Metro Transit, design criteria. 14. King County Surface Water Design Manual, Sections 1.2 and 1.3 of Chapter 1, and Chapters 3, 4, and 5. 15. American Association of State Highway and Transportation Officials, "A Policy on Geometric Design of Highways and Streets." III ITEMS TO BE FURNISHED TO THE CONSULTANT BY THE CITY The City will furnish the Consultant copies of documents which are available to the City that will facilitate the preparation of the plans, studies, specifications, and estimates within the limits of the assigned work. All other records needed for the study must be obtained by the Consultant. The Consultant will coordinate with other available sources to obtain data or records available to those agencies. The Consultant shall be responsible for this and any other data collection to the extent provided for in the Scope of Work. City will provide to Consultant all data in City's possession relating to Consultants services on the project. Consultant will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the City. Should field studies be needed, the Consultant will perform such work to the extent provided for in the Scope of Work. The City will not be obligated to perform any such field studies. pw:\\oco-pw-app:Carollo\Documents\Client\WA\Renton\Lift Station Pre-Design\Project Management\Contracts\Piazza/Data_Center/Fortes/City/Contracts 2 E1-2009 IV OWNERSHIP OF PRODUCTS AND DOCUMENTS TO BE FURNISHED BY THE CONSULTANT Documents, exhibits or other presentations for the work covered by this Agreement shall be furnished by the Consultant to the City upon completion of the various phases of the work. All such material, including working documents, notes, maps, drawings, photo, photographic negatives, etc. used in the project, shall become and remain the property of the City and may be used by it without restriction. Any use of such documents by the City not directly related to the project pursuant to which the documents were prepared by the Consultant shall be without any liability whatsoever to the Consultant. All written documents and products shall be printed on recycled paper when practicable. Use of the chasing -arrow symbol identifying the recycled content of the paper shall be used whenever practicable. All documents will be printed on both sides of the recycled paper, as feasible. V TIME OF BEGINNING AND COMPLETION The work detailed in the Scope of Work will be performed according to Exhibit B, Time Schedule of Completion, attached hereto and incorporated herein as though fully set forth. It is agreed that all the Consultant's services are to be completed and all products shall be delivered by the Consultant unless there are delays due to factors that are beyond the control of the Consultant. The Consultant shall not begin work under the terms of this Agreement until authorized in writing by the City. If, after receiving Notice to Proceed, the Consultant is delayed in the performance of its services by factors that are beyond its control, the Consultant shall notify the City of the delay and shall prepare a revised estimate of the time and cost needed to complete the Project and submit the revision to the City for its approval. Time schedules are subject to mutual agreement for any revision unless specifically described as otherwise herein. Delays attributable to or caused by one of the parties hereto amounting to 30 days or more affecting the completion of the work may be considered a cause for renegotiation or termination of this Agreement by the other party. VI PAYMENT The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter as specified in Exhibit C, Cost Estimate. 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. All billings for compensation for work performed under this Agreement will list actual time (days and/or hours) and dates during which the work was performed and the compensation shall be figured using the rates in Exhibit C. Payment for this work shall not exceed $135,877 without a written amendment to this contract, agreed to and signed by both parties. Payment for extra work performed under this Agreement shall be paid as agreed to by the parties hereto in writing at the time extra work is authorized. (Section VIII "EXTRA WORK"). A short narrative progress report shall accompany each voucher for progress payment. The report shall include discussion of any problems and potential causes for delay. To provide a means of verifying the invoiced salary costs for consultant employees, the City may conduct employee interviews. pw:\\oco-pw-app:Carollo\Documents\Client\WA\Renton\Lift Station Pre-Design\Project Management\Contracts\Piazza/Data_Center/Fortes/City/Contracts E 1-2009 Acceptance of such final payment by the Consultant shall constitute a release of all claims of any nature, related to this Agreement, which the Consultant may have against the City unless such claims are specifically reserved in writing and transmitted to the City by the Consultant prior to its acceptance. Said final payment shall not, however, be a bar to any claims that the City may have against the Consultant or to any remedies the City may pursue with respect to such claims. The Consultant and its subconsultants shall keep available for inspection, by the City, for a period of three years after final payment, the cost records and accounts pertaining to this Agreement and all items related to, or bearing upon, these records. If any litigation, claim or audit is started before the expiration of the three-year retention period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. The three-year retention period starts when the Consultant receives final payment. VII CHANGES IN WORK The Consultant shall make all such revisions and changes in the completed work of this Agreement as are necessary to correct errors appearing therein, when required to do so by the City, without additional compensation. Should the City find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof revised, the Consultant shall make such revisions, if requested and as directed by the City in writing. This work shall be considered as Extra Work and will be paid for as provided in Section VIII. VIII EXTRA WORK The City may desire to have the Consultant perform work or render services in connection with the Project in addition to or other than work provided for by the expressed intent of the Scope of Work. Such work will be considered as Extra Work and will be specified in a written supplement which will set forth the nature and scope thereof. Work under a supplement shall not proceed until authorized in writing by the City. Any dispute as to whether work is Extra Work or work already covered under this Agreement shall be resolved before the work is undertaken. Performance of the work by the Consultant prior to resolution of any such dispute shall waive any claim by the Consultant for compensation as Extra Work. IX EMPLOYMENT The Consultant warrants that it has 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 he 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, gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City 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, while engaged in the performance of any work or services required by the Consultant under this Agreement, shall be considered employees of the Consultant only and not of the City and any and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees, while so engaged and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Consultant's employees, 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. pw:\\oco-pw-app:Carollo\Documents\Client\WA\Renton\Lift Station Pre-Design\Project Management\Contracts\Piazza/Data_Center/Forrns/City/Contracts E 1-2009 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 this contract, in the employ of the City except regularly retired employees, without written consent of the City. If during the time period of this Agreement, the Consultant finds it necessary to increase its professional, technical, or clerical staff as a result of this work, the Consultant will actively solicit minorities through their advertisement and interview process. X NONDISCRIMINATION The Consultant agrees not to discriminate against any client, employee or applicant for employment or for services because of race, creed, color, national origin, marital status, sexual orientation, sex, age or handicap except for a bona fide occupational qualification with regard to, but not limited to the following: employment upgrading; demotion or transfer; recruitment or any recruitment advertising; layoff or termination's; rates of pay or other forms of compensation; selection for training; rendition of services. The Consultant understands and agrees that if it violates this Non -Discrimination provision, this Agreement may be terminated by the City and further that the Consultant shall be barred from performing any services for the City now or in the future, unless a showing is made satisfactory to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. XI TERMINATION OF AGREEMENT A. The City reserves the right to terminate this Agreement at any time upon not less than ten (10) days written notice to the Consultant, subject to the City's obligation to pay Consultant in accordance with subparagraphs C and D below. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, 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 City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City 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 City's concurrence, desire to terminate this Agreement, payment shall be made as set forth in Subsection C of this section. C. In the event this Agreement is terminated by the City other than for fault on the part of the Consultant, a final payment shall be made to the Consultant for actual cost for the work complete at the time of termination of the Agreement, plus the following described portion of the net fee. The portion of the net fee for which the Consultant shall be paid shall be the same ratio to the total net fee as the work complete is to the total work required by the Agreement. In addition, the Consultant shall be paid on the same basis as above for any authorized extra work completed. 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 as set forth herein above, then no final payment shall be due and the Consultant shall immediately reimburse the City for any excess paid. D. In the event the services of the Consultant are terminated by the City for fault on the part of the Consultant, the above stated formula for payment shall not apply. In such an event the amount to be paid shall be determined by the City 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 of a type which is usable pw:\\oco-pw-app:Carollo\Docuntents\Client\WA\Renton\Lift Station Pre-Design\Project Management\Contracts\Piazza/Data_Center/Forms/City/Contracts E1-2009 to the City at the time of termination, the cost to the City 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 City 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 if the formula set forth in subsection C above had been applied. E. In the event this Agreement is terminated prior to completion of the work, the original copies of all Engineering plans, reports and documents prepared by the Consultant prior to termination shall become the property of the City for its use without restriction. Such unrestricted use not occurring as a part of this project, shall be without liability or legal exposure to the Consultant. F. Payment for any part of the work by the City shall not constitute a waiver by the City 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 City. 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. XII DISPUTES Any dispute concerning questions of facts in connection with work not disposed of by agreement between the Consultant and the City shall be referred for determination to the Director of Planning/ Building/Public Works or his/her successors and delegees, whose decision in the matter shall be final and conclusive on the parties to this Agreement. In the event that either party is required to institute legal action or proceedings to enforce any of its rights in this Agreement, both parties agree that any such action shall be brought in the Superior Court of the State of Washington, situated in King County. XIII LEGAL RELATIONS The Consultant shall comply with all Federal Government, 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 Washington. The Consultant agrees to indemnify, defend and hold the City 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 part from the Consultant's errors, omissions, or negligent acts under this Agreement provided that nothing herein shall require the Consultant to indemnify the City against and hold harmless the City from claims, demands or suits based upon the conduct of the City, its officers or 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 City, its agents, officers and employees, this provision with respect to claims or suits based upon such concurrent negligence shall be valid and enforceable only to the extent of the Consultant's negligence or the negligence of the Consultant's agents or employees except as limited below. The Consultant shall secure general liability, property damage, auto liability, and professional liability coverage in the amount of $1.0 million, with a General Aggregate in the amount of $2.0 million, unless waived or reduced by the City. The Consultant shall submit a completed City of Renton Insurance Information Form, and the Standard Acord Certification Form prior to the execution of the contract. pw:\\oco-pw-app:Carollo\Docuntents\Client\WA\Renton\Lift Station Pre-Design\Project Management\Contracts\Piazza/Data_Center/Forms/City/Contracts E1-2009 The City of Renton will be named as Additional Insured(s) on Consultant's general liability, property damage and auto policies, with that coverage being primary and non-contributory with any other policy(ies) available to the City. A copy of the endorsement shall be provided to the City. The limits of said insurance shall not, however, limit the liability of Consultant hereunder. All coverages provided by the Consultant shall be in a form, and underwritten by a company acceptable to the City. The City will normally require carriers to have minimum A.M. Best rating of A XII. The Consultant shall keep all required coverages in full force and effect during the life of this project, and a minimum of forty five days' written notice shall be given to the City prior to the cancellation of any policy. The Consultant shall also submit copies of the declarations pages of relevant insurance policies to the City within 30 days of contract acceptance if requested. The Certification and Declaration page(s) shall be in a form as approved by the City. If the City's Risk Manager has the Declaration page(s) on file from a previous contract and no changes in insurance coverage has occurred, only the Certification Form will be required. The Consultant shall verify, when submitting first payment invoice and annually thereafter, possession of a current City of Renton business license while conducting work for the City. The Consultant shall require, and provide verification upon request, that all subconsultants participating in a City project possess a current City of Renton business license. The Consultant shall provide, and obtain City approval of, a traffic control plan prior to conducting work in City right-of-way. The Consultant's relation to the City shall be at all times as an independent contractor. It is further specifically and expressly understood that the indemnification provided herein constitute the Consultant's waiver of immunity under the Industrial Insurance Act, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this agreement. XIV SUBLETTING OR ASSIGNING OF CONTRACTS The Consultant shall not sublet or assign any of the work covered by this Agreement without the express consent of the City. XV ENDORSEMENT OF PLANS The Consultant shall place their certification on all plans, specifications, estimates or any other engineering data furnished by them in accordance with RCW 18.43.070. XVI COMPLETE AGREEMENT This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. Any supplements to this Agreement will be in writing and executed and will become part of this Agreement. 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. The invalidity or unenforceability of any provision in this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. pw:\\oco-pw-app:Carollo\Documents\Client\WA\Renton\Lift Station Pre-Design\Project Manage men t\Con tracts\Piazza/Data_Center/Forms/City/Contracts E1-2009 XVII 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 Request for Qualifications, and the supporting materials submitted by the Consultant, and does hereby accept the Agreement and agrees to all of the terms and conditions thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CAROLLO ENGINEERS Brian R. Matson, Partner Date CITY OF RENTON Denis Law, Mayor Date ATTEST: Partner Date Bonnie I. Walton, City Clerk pw:\\oco-pw-app:Carollo\Documents\Client\WA\Renton\Lift Station Pre-Design\Project Management\Contracts\Piazza/Data_Center/Forms/City/Contracts E 1-2009 RESOLUTION NO. 3229 CITY OF RENTON SUMMARY OF FAIR PRACTICES POLICY ADOPTED BY RESOLUTION NO. 3229 It is the policy of the City of Renton to promote and provide equal treatment and service to all citizens and to ensure equal employment opportunity to all persons without regard to race, color, national origin, ethnic background, gender, marital status, religion, age or disability, when the City of Renton can reasonably accommodate the disability, of employees and applicants for employment and fair, non-discriminatory treatment to all citizens. All departments of the City of Renton shall adhere to the following guidelines: (1) EMPLOYMENT PRACTICES - The City of Renton will ensure all employment related activities included recruitment, selection, promotion, demotion, training, retention and separation are conducted in a manner which is based on job -related criteria which does not discriminate against women, minorities and other protected classes. Human resources decisions will be in accordance with individual performance, staffing requirements, governing civil service rules, and labor contract agreements. (2) COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS - The City of Renton will cooperate fully with all organizations and commissions organized to promote fair practices and equal opportunity in employment. (3) AFFIRMATIVE ACTION PLAN - The City of Renton Affirmative Action Plan and Equal Employment Program will be maintained and administered to facilitate equitable representation with the City work force and to assure equal employment opportunity to all. It shall be the responsibility of elected officials, the Mayor, the Affirmative Action Officer, department administrators, managers, supervisors, Contract Compliance Officers and all employees to carry out the policies, guidelines and corrective measures set forth in the Affirmative Action Plan and Equal Employment Program. (4) CONTRACTORS' OBLIGATIONS - Contractors, sub -contractors, consultants and suppliers conducting business with the City of Renton shall affirm and subscribe to the Fair Practices and Non-discrimination policies set forth by the law and in the City's Affirmative Action Plan and Equal Employment Program. Copies of this policy shall be distributed to all City employees, shall appear in all operational documentation of the City, including bid calls, and shall be prominently displayed in appropriate city facilities. CONCURRED IN by the City Council of the City of RENTON, Washington, this 1 tbday of October, 1996. CITY OF RENTON: 4afy7or jmest: City Cler RENTON CITY COUNCi,; Council President pw:\\oco-pw-app:Carollo\Documents\Client\WA\Renton\Lift Station Pre-Design\Project Management\Contracts\Piazza/Data_Center/For ms/City/Contracts E1-2009 Y �`t O AFFIDAVIT OF COMPLIANCE Carollo Engineers' hereby confirms and declares that (Name of contractor/subcontractor/consultant/supplier) I. It is Carollo Engineers' policy to offer equal (Name of contractor/subcontractor/consultant/supplier) opportunity to all qualified employees and applicants for employment without regard to the race, creed, color, sex, national origin, age, disability or veteran status. II. Carollo Engineers complies with all applicable federal, (Name of contractor/subcontractor/consultant/supplier) state and local laws governing non-discrimination in employment. II. When applicable, Carollo Engineeers will seek out and (Name of contractor/subcontractor/consultant/supplier) negotiate with minority and women contractors for the award of subcontracts. Brian R. Matson, Partner Print Agent/Representative's Name and Title Agent/Representative's Signature Instructions: This document MUST be completed by each contractor, subcontractor, consultant and/or supplier. Include or attach this document(s) with the contract. pw:\\oco-pw-app:Carollo\Documents\Client\WA\Renton\Lift Station Pre-Design\Project Management\Contracts\Piazza/Data_Center/Forms/City/Contracts 10 Exhibit A Lake Washington Beach Lift Station Scope of Services PROJECT PURPOSE: As part of the 2009 Wastewater Lift Station Pre -design project (Phase 1), Carollo analyzed lift station replacement and gravity sewer route alternatives for the Gene Coulon Memorial Beach Park (the Park) in a report titled, Lake Washington Beach Alternatives Analysis (Carollo, July 2009). Carollo recommended lift station replacement as the service alternative for the Park. The City of Renton has requested final design and construction services be provided for the recommended alternative. PHASE 2 - FINAL DESIGN AND CONSTRUCTION SERVICES This scope of services covers the final design and construction services associated with the replacement of the Lake Washington Beach Lift Station. The final design phase (Phase 2) of this project includes 60 percent, 90 percent and Final design submittals. Each submittal will include plans, specifications, and total a project cost estimate. Record drawings will also be provided as part of this scope of work. The City will perform office and construction inspection services (submittal/resubmittal response) for site/civil and concrete work and perform construction services (installation and inspection) for the new force main. Contract documents prepared for construction of the force main will include design drawings only (no specifications) and will not include the level of detail, as typically shown in Contractor bid documents. The drawings will provide adequate information for construction of the force main by City staff. If the City elects to have the force main constructed by a contractor as part of the single project package, additional design work is required and is included as an optional task. It is understood that the City would still provide inspection for the force main installation. TASK 1: PROJECT MANAGEMENT Task 1.1 - Project Management The objective of this task is to track and execute the project in accordance with the schedule, budget, and quality expectations that are established. This task includes the following project management work activities: Monitor project progress including work completed, work remaining, budget expended, schedule, estimated cost of work remaining, and estimated cost at completion; and manage activities within total project budget. Carollo\Documents\Client\WA\Renton\8235X00\Project Management\Project Management Plan\LakeWABeach_Final Design Scope.doc 1 • Monitor project activities for potential changes, anticipate changes whenever possible, and with City approval, modify project tasks, task budgets, and approach to keep the overall project within budget and on schedule. • Manage the quality control of all work activities and project deliverables. Meetings s None Assumptions • Assume project length is 18 months Deliverables Scope of services and project budget • Monthly progress report with invoice • Written documentation of amendments to the scope of services and associated budget TASK 2: PRELIMINARY DESIGN Task 2.1 - Siting Alternatives Analysis Carollo will conduct an analysis to determine alternative lift station locations within the general vicinity of the current pump station site and summarize findings in a Siting Alternatives memorandum (Draft and Final). Alternatives will be analyzed with respect to ease and cost of construction, future facility operations and maintenance, and impact to the public. The findings of the memorandum will be discussed with the City during the site visit identified under Task 3.1, where a location will be selected prior to Detailed Design. The selected location will be identified in the Final Siting Alternatives memorandum that includes the site visit minutes, discussion of alternatives and planning level cost estimates. Meetings • None, occurs with Task 3.1 Deliverables Draft Siting Alternatives memorandum (electronic .pdf file) • Final Siting Alternatives memorandum (two hard copies and electronic .pdf file) Carollo\Documents\Client\WA\Renton\8235X00\Project Management\Project Management Plan\LakeWABeach_Final Design Scope.doc 2 Assumptions Pump station location will be selected for final design at site visit identified under Task 3.1 Task 2.2 - Subsurface Analysis Upon selection of the pump station location, HWA GeoSciences (HWA) will conduct a subsurface drilling exploration at the selected lift station location to determine/confirm soil characteristics for design. The drilling exploration shall consist of one, 30-foot deep, hollow -stem auger boring associated with sampling. Full time monitoring of the soil boring, logging, and soil sampling as the soils are recovered will be provided. Based on review of existing data and site reconnaissance, geotechnical engineering assistance and recommendations in the design and construction of force main will be provided. A Subsurface Analysis memorandum prepared by HWA will summarize the findings of the subsurface drilling exploration and include geotechnical engineering recommendations for design of the lift station and force main. Geotechnical engineering assistance (office and site inspection) will be provided throughout the project design phase as required. A Site Visit will be required with Carollo, HWA, and City staff to locate the drill hole and coordinate drilling services. The Site Visit will also serve as a site reconnaissance for HWA to discuss/recommend geotechnical design considerations for construction of the lift station and force main. Meetings Subsurface Analysis Site Visit (1) Deliverables Draft Subsurface Analysis memorandum (electronic .pdf file) Subsurface Analysis memorandum (two (2) hard copies and electronic .pdf file) Assumptions • Drilling services will be concluded in one equipment set-up • Drill hole patching and minor traffic control to be provided by HWA • City will provide utility locates • City will provide any access permits for the site TASK 3: FINAL DESIGN DEVELOPMENT The design phase of this project will be accelerated, as preliminary design was completed as part of the Lake Washington Beach Alternatives Analysis. Design submittals for the project will be provided at the 60 percent, 90 percent (Final Review Submittal), and Final (Contract Carollo\Documents\Client\WA\Renton\8235X00\Project Management\Project Management Plan\LakeWABeach_Final Design Scope.doc 3 documents) levels of design. Specifications will be based on 17-division CSI format (Carollo standard specifications) coded into WSDOT standard specification formatting. The replacement design of the Lake Washington Beach Lift Station will generally consist of the following: • Sloped bottom, reinforced fiberglass or concrete wet well approximately 8 foot in diameter and 17 feet deep with concrete base and dual access hatches. • Separate accessible fiberglass or concrete valve vault including discharge check and isolation (plug type) valves with access hatch. • Explosion proof, chopper pumps (two total). • NEMA 4X control panel, telemetry unit (programming by others), and junction boxes located on stand at grade. • Generator receptacle for portable generator usage. • Submersible level transducer with backup float levels for pump control. • Stainless steel pump guide rails for pump removal. • Stainless steel anchors and supports. Common Design Development Assumptions • All City review comments will be coordinated by the City as if coming from a single source, and will be received within three weeks of a submittal. • Drawings will be constructed using 2006 AutoCAD. • Maximum of 11 drawings will be prepared. • Typical detail sheets will be bound, 8-1/2" x 11" sheets, attached at the end of the Contract documents. • Carollo drafting standards and details will be used. • City to provide standard contract documents in electronic format for Carollo to attach to the front of the technical specs and drawings. • Force main design will include a plan view drawing only with construction notes as required to facilitate proper construction and installation by City staff. • Submission of engineering calculations for typical details is not included in the scope of services. • Cost of City applications, forms or fees not included. Carollo\Documents\Client\WA\Renton\8235X00\Project Management\Project Management Plan\LakeWABeach_Final Design Scope.doc 4 City to perform SEPA and other permitting requirements. Contractor to acquire electrical permits. • Traffic control services not included. • Utility locate services not included. • No easements will be required for project construction. • City will provide site access, if needed. Task 3.1 - City Lift Station Design Standards Carollo will review previous lift station design documents to identify/establish City design preferences and standards. After review, Carollo will conduct a Design Standards Meeting with City staff to discuss City lift station design preferences and standards based on the documents provided to Carollo. Following the Design Standards Meeting, and prior to starting final design, Carollo will conduct a Site Visit with the project team. Meetings Design Standards Meeting (1) • Site Visit (1) Deliverables Design Standards Meeting minutes (electronic .pdf file) Assumptions • Meeting will occur at City offices. • City to provide previous lift station design documents. • Design Standards Meeting and Site Visit to both Lake Washington Beach and Westview Lift Station sites to be held on same day. Task 3.2 - 60 Percent Design Development The 60 Percent Design Development will focus on the development of the following deliverables: • Additional Site Survey. This includes additional topographic survey of the project area using the primary control points on City of Renton datum. Survey will include a base map showing right-of-way and lot lines, one -foot contours, and all surface features. Carollo\Documents\Client\WA\Renton\8235X00\Project Management\Project Management Plan\LakeWABeach_Final Design Scope.doc 5 Additionally, it will include all underground utilities located from locator's paint, and readily available maps from the service provider. • 60 percent drawings with 90 percent P&IDs and control narratives. • 60 percent technical specifications (divisions 1 through 17). • 60 percent construction cost estimate. • Preliminary construction schedule. Meetings 60 percent design review meeting Deliverables • Two (2) hard copies and an electronic copy (.pdf file format) of 60 percent drawings (11 "x17") and specifications (bound together), construction cost estimate, and construction schedule. • 60 percent level construction cost estimate. Assumptions • Additional survey, approximately 125,000 square feet. • City will locate its utilities and surveyor will call for locates for remaining private utilities. • Does not include obtaining a title report. Task 3.3 - 90 Percent Design Development (Final Review Submittal) The 90 Percent Design Development will focus on the development of the following deliverables: • 90 percent drawings and control narratives • 90 percent technical specifications (divisions 1 through 17) • 90 percent construction cost estimate • Updated construction schedule Meetings • 90 percent design review meeting Carollo\Documents\Client\WA\Renton\8235X00\Project Management\Project Management PlanlakeWABeach_Final Design Scope.doc 6 Deliverables Two (2) hard copies and an electronic copy (.pdf file format) of 90 percent drawings (11"x17") and specifications (bound together), construction cost estimate, and project schedule. 90 percent level construction cost estimate. Assumptions • None Task 3.4 - Final (Contract Document) Design Development Final Design Development will focus on the completion of the contract documents. The Contract documents will include the following: Bid documents Control narratives • Engineer's construction estimate Construction schedule Meetings None Deliverables • Five (5) 11 "x17"hard copies and five (5) 22"x34" hard copies and an electronic copy (.pdf file format) of Contract drawings. Five (5) hard copies (bound together) and an electronic copy of specifications, construction cost estimate, and construction schedule. Assumptions • Bid level construction estimates should be accurate with Contractor project bid prices Task 3.5 - Optional Task: Contractor to Construct Force Main This task includes the additional effort to develop drawings and specifications necessary for a competitive public bidding process. Drawings will provide a plan view with elevations of crossings as established by the survey. Specifications will be added to the contract documents to reduce the potential for problems with inadequate materials and installation. If the City selects to add this optional task, the labor will be distributed across the 60 percent, 90 percent and Final document development tasks (3.2, 3.3, and 3.4) Carollo\Documents\Client\WA\Renton\8235X00\Project Management\Project Management Plan\LakeWABeach_Final Design Scope.doc 7 TASK 4: BID ASSISTANCE The objective of this task is to support the City during the bidding process. Task 4.1 - Respond to Questions and Issue Addenda Carollo will attend a pre -bid meeting and provide the City with technical support during the bidding period. The City will respond to questions relating to the contract and any City standards. Carollo will answer technical questions pertaining to the design that are forwarded by the City. Any issues requiring clarification and/or modification will be included in a bid package addendum. Meetings Pre -Bid Meeting Deliverables Addendum, issued in electronic .pdf file format Assumptions Scope budgeted, for maximum two (2) addendum • City will coordinate document distribution and record responses TASK 5: ASSISTANCE DURING CONSTRUCTION The objective of this task is to support the City during the construction of the project. The City will perform all construction management services not described herein. Task 5.1 - Submittal Review Carollo will review submittals of mechanical/electrical nature for conformance with the Contract Documents. Carollo will provide a written response to each submittal that will designate the overall submittal as: "No Exceptions Taken", "Make Corrections Noted", "Amend and Resubmit', or "Rejected". The response will identify the contract requirements associated with any component that does not comply with the specifications, if applicable. Meetings None Deliverables • Submittal reviews, issued in electronic .pdf file format Carollo\Documents\Client\WA\Renton\8235X00\Project Management\Project Management Plan\LakeWABeach_Final Design Scope.doc 8 Assumptions • Scope budgeted for a maximum of eight (8) total submittal or resubmittal packages for 3 hours each. Task 5.2 - Request for Information (RFIs) Carollo will respond to any RFIs forwarded by the City that are of a technical nature and require the engineer's input. Carollo will provide a written response to each RFI. Responses will be coordinated with the City. Meetings • None Deliverables RFIs, issued in electronic .pdf file format Assumptions Scope budgeted for a maximum of eight (8) RFIs at 2 hours each Task 5.3 - On -site Mechanical Inspection Carollo will provide on -site mechanical inspection during construction to verify conformance with the mechanical specifications, confirm proper installation, and to answer questions. The mechanical inspector will attend a Pre -construction Meeting with the Contractor and City staff to discuss work efforts and daily interaction. Inspection reports will be prepared for each visit to document construction activities, decisions, and observations. Meetings Pre -construction Meeting (1) Deliverables Inspection reports. Assumptions • Eight (8) hours per week, for an estimated 12-week construction period has been allocated for this effort. Carollo\Documents\Client\WA\Renton\8235X00\Project Management\Project Management Plan\LakeWABeach_Final Design Scope.doc 9 Assumptions Scope budgeted for a maximum of eight (8) total submittal or resubmittal packages for 3 hours each. Task 5.2 - Request for Information (RFIs) Carollo will respond to any RFIs forwarded by the City that are of a technical nature and require the engineer's input. Carollo will provide a written response to each RFI. Responses will be coordinated with the City. Meetings None Deliverables RFIs, issued in electronic .pdf file format Assumptions • Scope budgeted for a maximum of eight (8) RFIs at 2 hours each Task 5.3 - On -site Mechanical Inspection Carollo will provide on -site mechanical inspection during construction to verify conformance with the mechanical specifications, confirm proper installation, and to answer questions. The mechanical inspector will attend a Pre -construction Meeting with the Contractor and City staff to discuss work efforts and daily interaction. Inspection reports will be prepared for each visit to document construction activities, decisions, and observations. Meetings Pre -construction Meeting (1) Deliverables Inspection reports. Assumptions • Eight (8) hours per week, for an estimated 12-week construction period has been allocated for this effort. Carollo\Documents\Client\WA\Renton\8235X00\Project Management\Project Management PlanlakeWABeach_Final Design Scope.doc 9 Task 5.4 - On -site Electrical Inspection Carollo will provide on -site electrical inspection during construction to verify conformance with the electrical specifications, confirm proper installation, and to answer questions. Inspection reports will be prepared for each visit to document construction activities, decisions, and observations. Meetings Pre -construction Meeting (1) Deliverables Inspection reports Assumptions Six (6) site visits over an estimated 12-week construction period has been allocated for this effort. Task 5.5 - Record Drawings Carollo will prepare Record drawings from red -line drawing markups provided by the Contractor. Meetings None Deliverables • Two (2) hard copies (11 "x17"), two (2) hard copies (22"x34"), an electronic copy (.pdf file format), and an electronic copy of AutoCAD electronic files (.dwg file format) of Record drawings. Assumptions • Contractor will provide drawing markups using the color scheme identified in the technical specifications. Carollo\Documents\Client\WA\Renton\8235X00\Project Management\Project Management Plan\LakeWABeach_Final Design Scope.doc 10 Kickoff Task 1: Project Management Task 2: Preliminary Design Task 3: Final Design Development Task 4: Bid Assistance Task 5: Assistance During Construction Exhibit B Estimated Timeline Lake Washington Lift Station 2009 2010 2011 4th 1st 2nd 3rd 4th 1st Quarter Quarter Quarter Quarter Quarter Quarter 3 r. EXHIBIT C CAROLLO ENGINEERS, PC FEESCHEDULE As of January 1, 2009 Hourly Rate Engineers / Scientists Assistant Professional $120.00 Project Engineer $140.00 Project Manager $170.00 Partner -in -Charge $215.00 Technicians Technicians $100.00 Senior Technicians $135.00 Construction Services Inspector $120.00 Senior Inspector $140.00 Senior Construction Manager $190.00 Support Staff Document Processing / Clerical $ 80.00 Project Equipment Communication Expense (PECE) Per DL Hour $ 9.00 Other Direct Expenses Travel and Subsistence at cost Mileage $0.55/mile Subconsultant cost + 10% Other Direct Costs cost + 10% This fee schedule is subject to annual revisions due to labor adjustments. pw/WA/Renton/Lift Station Pre-Design/Project Man agement/Budget/2009_ModifieffeeSchedule.doc City Of Renton'- ;Parfn kamGharq />i.Pro)eet Ma qay gTdchdicalAdNsote-'�•`� a.d e 'a�(pne' "(F:R,-„i6A1C),, .Pmlasai4a+A'1 Techptel�n '-.,,: E r, ,.,> -- PYbo s'd,¢y(Cie Toby Cuopo;x .r,. Total c C Waz. i "Cerolb Other :• s Eub•.,;;..,, ;,Conwltan4L -4C S tw -fs neultentg x < C B P cE pr> Y E Omated,C fPerTuk-° Lake WA Beach Lift Station Replacement •, y, LO1%kro6aulolWIGM b � � , ar�fr" .' zr - _' N �, ;e-t - } lb iJ }%� 6 , if;H ;j } `fit N ,u k. lsbor -., .arc ty tta: OtA YDO,e t' le C Muku tlY ' w. >.«s a ,,.�ds .w 5`,a��,,,, a* �,,;_.,;IIz �"sya,• w, lti"�;hb,`?--. - TASK 1 -Protect Management . .8�;� m „x3r " 7,1 Pro1eU anagement 1 36 18 .. :Task l:6ubrohi 0 .-1' .36 --::... is 0 - 0 0- 9 '''9 64 f9,215 f750 So $576 '$576 $9.941 TASK 2 -Preliminary Design .::'''.:0 64 58215' $150- $0 "'' f0 :. $9941. 2.1 6itrn Altemetrves Ana 4 4 2.2 6ubsurtace wrysis 2 1 1fi 2 2 4 f20 $ $4268 Task 2: Sabrohl 0 - 6' '- 5 "' 9 9 $1.200$3.960 51200 f6,500 f65o fe18 58431 TASK 3 -Final Design Development 22" 2 0 2 4 41 $5160 $20 f6.500 5650 5369 $11699 3.1 City Lirt Sh9on Design Standards 4 6 6 6 3.2 60 Percent Design Develo ent d 12 22 $3,080 $510 $08 $70 $798 $4,596 3.3 gOPercont Deliopme 80 35 12 4 16 44 75 18 236 $27,480 $30 $9,698 $70 $2.124 539,402 3.4 Final (CantraU Doocumenmment Design Development 30 8 1 4 8 20 16 40 12 154 $18.480 $30 $698 $70 $1,386 $20,664 Task ]: Subrohl 2 16 42' - 150 15 6 72 $6.915 $60 $0 5648 $9.623 TASK 4 •Bid Assistance .1 87 22 - -- 130 - 36 - 484 $57955 $670 $11094 - $209 $4.356 $74284 4.1 ecpon to Questonsa e e a Task 4: Subrohl TASK 5 -Assistance During Construction 3 8 0 0 3 8 0' 0 - - 0 0 11 11 $1.380 $1380 $0 f0 $0 so $99 $99 $1479 $1479 5.1 6ubmitbl Revlew 5.2 Ra oast for lnlannation RFIs 2 4 12 8 2 24 $3.120 $30 $0 $216 $3,366 5.3 On -site Mechankal Ins action 4 12 8 4 16 $2,080 $20 $0 $144 $2,244 5.4 On -site Electrical Impstion 4 96 112 $13,880 f1,200 SO $1,008 $16,088 5.5 JR, card Drawings 6 6D 70 $9,800 $2,382 So 5630 $12.812 Task S: Subtotal s -� 4 0 B 18 126 72 2 - 22 22 0 26 248 $2,68D 'f31560 $50 53682 f0 $O 30 $234 f2,232 $2964 f37,474 ,PROJECTTOTALS `. 2'_'-: 68 68 - ' 24 161 - 2d .. _; iW:, 49-'- 848 $105276 `<�34,522 $17594:""' -�Y859- 57,632.=� °''a13ersn - O Donal Talks �: _ .._ W r. .: :,: _ ._ .'one•, x. �' � Y36310 35 O dorsal Task Contractor W ConsWct Force Main: <, °•� ...2 . _,. .-,-- g ; ..., ,- . 24 , ,, .' ,� , _ , ' 12 = 4 ., 50:' i5.B60< ' $0 f450 CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Public Works Dept/Div/Board: Utility Systems Division/ Surface Water Utility Staff Contact: Ron Straka (ext. 7248) Daniel Carey (ext. 7293) For Agenda of: September 21, 2009 Agenda Status Consent ............... X Public Hearing.... Subject: Final Pay Estimate — CAG-07-118, Correspondence... SWP-27-2850, North 26th Street/Park Place North Ordinance............ Storm System Project Resolution............ Old Business........ New Business....... Exhibits: Pay Estimate #7 Final Study Sessions..... Notice of Completion Information........... Recommended Action: Approvals: Council Concur Legal Dept......... Finance Dept...... X Other .................. Fiscal Impact: Expenditure Required... $6,038.79 Transfer/Amendment....... Amount Budgeted....... $20,000.00 Revenue Generated......... Total Project Budget $20,000.00 City Share Total Project.. SUMMARY OF ACTION: Northwest Infrastructure, Inc. (NWI) started construction of the North 26th Street/Park Place North Storm System Project on September 10, 2007, and completed all work for the project on April 6, 2009. The original contract amount was $175,693.56 and the final contract amount is $176,885.92. The increase of $1,192.36 was due to differences in various bid item quantities. The project is funded from the Surface Water Utility's 427 Fund Capital Improvement Program (CIP). The approved 2007 CIP budget for the North 26th Street/Park Place North Storm System Project was $240,000. Over half of the project expenditures were paid for in 2007, and the remaining budget amounts were carried forward into the 2008 and 2009 CIP budgets. The approved 2009 CIP budget for the project is $20,000. The approved 2009 Surface Water Utility 427 Fund CIP budget for the project has sufficient budget remaining to fund the Final Pay Estimate. STAFF RECOMMENDATION: Accept the North 26th Street/Park Place North Storm System Project, approve the Final Pay Estimate of $6,038.79, and release the retainage of $8,844.28 after 60 days and after all the required releases from the state have been obtained. HAFile Sys\SWP -Surface Water Projects\SWP-27 -Surface Water Projects (CIP)\27-2850 N 26th-ParkPL\1000c Final Payment\090902 FINAL-AgendaBill- N26-Park.doc\DWCtp TO: FROM: FINANCE DIRECTOR PUBLIC WORKS ADMINISTRATOR "ONTRACTOR: Northwest Infrastructure, Inc. '7NTRACT NO. CAG 07-118 PROJECT: N 26th St / Park PL N Storm System Project ESTIMATE NO. 7 FINAL 1. CONTRACTOR EARNINGS THIS ESTIMATE $6,038.79 2. SALES TAX 17a 9.5% $0.00 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $6,038.79 4. EARNINGS PREVIOUSLY PAID CONTRACTOR $162,304.79 5. EARNINGS DUE CONTRACTOR THIS ESTIMATE $5,736.85 6. SUBTOTAL - CONTRACTOR PAYMENTS $168,041.64 7. RETAINAGE ON PREVIOUS EARNINGS $8,542.34 8. ** RETAINAGE ON EARNINGS THIS ESTIMATE $301.94 9• SUBTOTAL - RETAINAGE $8,844.28 10. SALES TAX PREVIOUSLY PAID Sales Tax Rule 171 Applies $0.00 11. SALES TAX DUE THIS ESTIMATE (tax included in bid items) $0.00 12. SUBTOTAL - SALES TAX $0.00 * (95% x LINE 1) ** (RETAINAGE.- 5%) GRAND TOTAL: $176,885.92 FINANCE DEPARTMENT ACTION: PAYMENT TO CONTRACTOR (Lines 5 and 11): ACCOUNT # 427;018.5960.00.38.63.000000 / u65330 / f010 $5,736.85 # 7 FINAL $5,736.85 RETAINED AMOUNT (Line 8): ACCOUNT # 427.018.5960..0038 n3.000000 / u65330 / f010 $301.94 # 7 FINAL $301.94 TOTAL THIS ESTIMATE: $6,038.79 CHARTER 116, LAWS OF 1965 CITY OF RENTON CERTIFICATION I, THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY, THAT THE MATERIALS HAVE BEEN FURNISHED, THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN, AND THAT THE CLAIM IS A JUST, DUE AND UNPAID OBLIGATION AGAINST THE CITY OF RENTON, AND THAT I AM AUTHORIZED TO AUTHENTICATE AWfERTIFY TO SAID CLAIM Signed: a G'z'oct Printed On: 09/02/2009 City of Renton Public Works Department Page 1 rsi State of Washington Department of Revenue VE/V PO Box 47474 NUE Olympia WA 98504-7474 Contractor's Registration No. (UBI No.) 602 008 758 Date 9/2/09 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: City of Renton Attn: Natalie Beardsley 1055 S Grady Way Renton, WA 98055 �beapartmentUsre Assigned To Date Assigned Notice is hereby given relative to the completion of contract or project described below Description of Contract Contract Number SWP-27-2850 N 26th St / Park PL N Storm System Project CAG-07-118 Contractor's Name Telephone Number Northwest Infrastructure, Inc. 253-840-5400 Contractor's Address 133 23rd Street SE, Puyallup, WA 98372 Date Work Commenced Date Work Completed Date Work Accepted 9/10/07 4/6/09 9/21/09 Surety or Bonding Company Western Surety Compay Agent's Address Bell Anderson Insur., 724 West Smith St, Kent, WA 98032, Ann Bosic 253-852-1680 Contract Amount $ 175,693.56 Additions $ + 1,192.36 Liquidated Damages $ Reductions $ — Sub -Total $ 176,885.92 Amount Disbursed $ 168,041.64 Amount of Sales Tax Paid at 0.0 % $ Amount Retained $ 8,844.28 (If various rates apply, please send a breakdown) TOTAL $ 176,885.92 TOTAL $ 176,885.92 <sburs><ngfficer j� Comments: Sales Tax Rule 171 applies, tax included by Contractor in bid item prices. Signature Type or Print Name Phone Number The Disbursing Officer must complete and mail THPEE copies of this notice to the Department of Revenue, PO Box 47474, Olympia, WA 98504-7474, immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department's certificate, and then only in accordance with said certificate. 1 To inquire about the availability of this document in an alternate format for the visually impaired, please call (360) 753-3217. Teletype (TTY) users please call (800) 451-7985. You may also access tax information on our Internet home page at http://dor.wa.gov. REV 31 0020e (6-27-01) E I, no 610 CITY OF RENTON, WASHINGTON RESOLUTION NO. 1/0/i/ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF TUKWILA REGARDING THE USE OF A FIRE APPARATUS. WHEREAS, the City of Tukwila ("Tukwila") currently operates and maintains its own Fire Department to provide comprehensive fire suppression, emergency medical services, and other services incidental to the protection of persons and property in Tukwila; and WHEREAS, due to extraneous circumstances, Tukwila's Fire Department is temporarily operating without any reserve fire apparatus available; and WHEREAS, Tukwila seeks to fill the temporary need for an additional reserve fire apparatus for command support; and WHEREAS, the City of Renton ("Renton") provides its own highly professional fire fighting service and has a reserve fire apparatus available on a temporary basis to Tukwila; and WHEREAS, Tukwila and Renton agree that the Renton Fire & Emergency Services Department is in the best position to provide a reserve fire apparatus to Tukwila; and WHEREAS, it is necessary to memorialize the terms and conditions under which the reserve fire apparatus will be provided to Tukwila; 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. 1 RESOLUTION NO. SECTION II. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with the City of Tukwila entitled Interlocal Agreement Between the City of Tukwila and the City of Renton Relating to the Use of a Fire Apparatus. PASSED BY THE CITY COUNCIL this day of 12009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of 12009. Approved as to form: Lawrence J. Warren, City Attorney RES.1416:8/26/09:scr Denis Law, Mayor 2 9�iy�9 CITY OF RENTON, WASHINGTON ORDINANCE NO. 6"'OV AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ANNEXING CERTAIN TERRITORY TO THE CITY OF RENTON (EARLINGTON ANNEXATION; FILE NO. A- 08-002). WHEREAS, under the provisions of RCW 35A.14.120, as amended, a petition in writing requesting that certain territory contiguous to the City of Renton, as described below, be annexed to the City of Renton, was presented and filed with the City Clerk on or about January 28, 2009; and WHEREAS, prior to the filing and circulation of said petition for annexation to the City of Renton, the petitioning owners notified the City Council of their intention to commence such proceedings as provided by law, as more particularly specified in RCW 35A.14.120 and upon public hearing thereon, it having been determined and the petitioning owners having agreed to accept that portion of the City's Comprehensive Plan as it pertains to the territory including the applicable Zoning Code relating thereto; and WHEREAS, the King County Department of Assessments has examined and verified the signatures on the petition for annexation on or about, February 2, 2009, and determined that the signatures represent at least sixty percent (60%) of the assessed value (excluding streets) of the area to be annexed, as provided by law; and WHEREAS, the Department of Community and Economic Development of the City of Renton having considered and recommended the annexing of said property to the City of Renton; and 1 ORDINANCE NO. WHEREAS, the City Council fixed April 6, 2009, as the time and place for public hearing regarding the proposed annexation in the City Council Chambers, City Hall, Renton, Washington, upon the petition and notice thereof having been given as provided by law; and WHEREAS, pursuant to the notices, public hearings having been held at the time and place specified in the notices, and the Council having considered all matters in connection with the petition and further having determined that all legal requirements and procedures of the law applicable to the petition method for annexation have been met; and WHEREAS, the King County Boundary Review Board having deemed the "Notice of Intention" approved as of July 10, 2009; and WHEREAS, the City of Renton is concurrently zoning the annexation site R-8, eight units per net acre, R-10, ten units per net acre, and R-14 fourteen units per net acre; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The findings, recitals, and determinations are hereby found to be true and correct in all respects. All requirements of the law in regard to the annexation by petition method, including the provisions of RCW 35A.14.120, 130, 140, and 150 have been met. It is further determined that the petition for annexation to the City of Renton of the property and territory described below is hereby approved and granted; the following described property being contiguous to the City limits of the City of Renton is hereby annexed to the City of Renton, and such annexation to be effective on and after the approval, passage, and thirty days 2 ORDINANCE NO. after publication of this ordinance; and on and after said date the property shall constitute a part of the City of Renton and shall be subject to all its laws and ordinances then and thereafter in force and effect; the property being described as follows: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein [Said property, approximately 101-acres, is bordered by the existing City limits to the west and along portions of the northern and southern boundaries, with South Langston Road and 80th Avenue South to the east; Renton Avenue South intersects the annexation area.] and the owners of the property within the annexation shall be subject to the City's Comprehensive Plan and Zoning Code. SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30) days after its publication. A certified copy of this ordinance shall be filed with the King County Council, State of Washington, and as otherwise provided by law. PASSED BY THE CITY COUNCIL this day of , 2009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of 12009. Denis Law, Mayor 3 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1577:7/28/09:scr EARLINGTON ANNEXATION LEGAL DESCRIPTION Those portions of the Northeast quarter of Section 13, Township 23 North, Range 4 East, W.M. and the Northwest quarter of Section 18, Township 23 North, Range 5 East, W.M., in King County, Washington, described as follows: Beginning at the intersection of the westerly right of way margin of Oakesdale Ave SW and the southerly margin of the City of Seattle's Cedar River pipeline right of way, said southerly margin also being the limits of the City of Renton as annexed under Ordinance No. 3845; Thence northerly along the northerly extension of said westerly margin crossing said pipeline right of way and S 134th St to an intersection with the northerly right of way margin of said S 1341h St; Thence southeasterly along said northerly margin to an intersection with the southwesterly right of way margin of S Langston Rd; Thence northwesterly along said southwesterly margin to an intersection with the southerly extension of the westerly right of way margin of 80th Ave S; Thence northerly along said southerly extension, crossing Said S Langston Road and S 132" d St, and continuing northerly along said westerly margin and the northerly extension thereof, crossing S 130t' St to an intersection with the northerly right of way margin of said S 130th St; Thence easterly along said northerly margin and its easterly extension, crossing 80th Ave S, Renton Ave S and 84th Ave S to an intersection with the easterly right of way margin of said 84th Ave S; Thence northerly along said easterly margin to an intersection with the southerly right of way margin of NW 3` St and the existing limit line of the City of Renton as annexed under City of Renton Ordinance No. 1461; Thence generally easterly, southerly and westerly along said existing limits as annexed under City of Renton Ordinance Nos. 1461, 1579, 1461, 1968, 1461, 1320, 2022, 3680, 2022, 1820, 1320, 1539 and 3845, to the point of beginning. 1 of 1 06/25/2009 4:09:00 PM Uti`tY �� Department of Community Earlington Annexation Area Boundary • &Economic Development Legend Alex Pietsch, Administrator Q City Limits Adriana Johnson, Planning Technician earlington_annex_bdry April 30, 2008 0 260 520O PFe:r:u;:ed by CYy of Rwi<,on ;c'f 2008, the �:ify of Feet Renton ail ri-liis reserved. No warrart es of any sort. Re Name: H: EL�NSP\Gl$ re ccfsarrexak arsieariinyion includi but not iim:teri to accuracy, iilness of .mex Ji'X�Sig�:'iFf iCn^_8' _ n9 arse wundary.mxd 1•5,000 merchaMattility. accor.1rany Oils rxadtrt. 15t 8-71o9 �l�a9 CITY OF RENTON, WASHINGTON 911 ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY ANNEXED WITHIN THE CITY OF RENTON FROM R-6 (URBAN RESIDENTIAL 6 DWELLING UNITS PER ACRE, KING COUNTY ZONING) TO R-8 (RESIDENTIAL 8 DU/AC; EIGHT DWELLING UNITS PER ACRE) (EARLINGTON ANNEXATION, FILE NO. A-08-002). WHEREAS, under Section 4-2-020 of Chapter 2, Zoning Districts — Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", as amended, and the maps and reports adopted in conjunction therewith, the property hereinbelow described has not been zoned in the City of Renton; and WHEREAS, property owners petitioned the City of Renton for annexation and concurrent rezoning, which annexation having previously been approved and ordinance adopted which will annex the property to the City of Renton, and the City having held two public hearings in the matter of zoning, the first hearing having being held on April 6, 2009, and the second hearing having being held on August 17, 2009, and the zoning being in conformity with the City's Comprehensive Plan, as amended, and the City Council having duly considered all matters relevant thereto, and all parties having been heard appearing in support or in opposition to the proposed zoning; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The following described property in the City of Renton is hereby zoned to R-S. The annual ordinance adopting the maps of the City's zoning ordinance is hereby amended 1 ORDINANCE NO. to evidence the rezoning and the Administrator of the Community and Economic Development Department is hereby authorized and directed to change the maps of the zoning ordinance, as amended, to evidence the rezoning, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein. [Said property, approximately 16.07-acres, is generally located south of South 130th Street, immediately east of 80th Avenue South, and north of South 132"d Street.] SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30) days after its publication. PASSED BY THE CITY COUNCIL this day of 12009. APPROVED BY THE MAYOR this day of Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1576:7/28/09:scr Bonnie I. Walton, City Clerk Denis Law, Mayor 2009. 2 1710 CITY OF RENTON, WASHINGTON d" V4� ORDINANCE NO. 57g0"% AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY ANNEXED WITHIN THE CITY OF RENTON FROM R-8 (URBAN RESIDENTIAL 8 DWELLING UNITS PER ACRE, KING COUNTY ZONING) AND R-12 (URBAN RESIDENTIAL 12 DWELLING UNITS PER ACRE, KING COUNTY ZONING) TO R-10 (RESIDENTIAL 10 DU/AC; EIGHT DWELLING UNITS PER ACRE, CITY OF RENTON ZONING) (EARLINGTON ANNEXATION, FILE NO. A-08-002). WHEREAS, under Section 4-2-020 of Chapter 2, Zoning Districts — Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", as amended, and the maps and reports adopted in conjunction therewith, the property hereinbelow described has not been zoned in the City of Renton; and WHEREAS, property owners petitioned the City of Renton for annexation and concurrent rezoning, which annexation having previously been approved and ordinance adopted which will annex the property to the City of Renton, and the City having held two public hearings in the matter of zoning, the first hearing having being held on April 6, 2009, and the second hearing having being held on August 17, 2009, and the zoning being in conformity with the City's Comprehensive Plan, as amended, and the City Council having duly considered all matters relevant thereto, and all parties having been heard appearing in support or in opposition to the proposed zoning; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: 1 ORDINANCE NO. SECTION I. The following described property in the City of Renton is hereby zoned to R-10. The annual ordinance adopting the maps of the City's zoning ordinance is hereby amended to evidence the rezoning and the Administrator of the Community and Economic Development Department is hereby authorized and directed to change the maps of the zoning ordinance, as amended, to evidence the rezoning, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein. (Said property, approximately 48.86-acres, is generally located south of South 132tn Street, immediately east of South Langston Road, and north of South 134"d Street.] SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30) days after its publication. PASSED BY THE CITY COUNCIL this APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1578:7/28/09:scr day of 12009. Bonnie I. Walton, City Clerk day of , 2009. Denis Law, Mayor 2 Department of Community & Economic Development Alex Pietsch, Administrator Adriana Johnson, Planning Technician June 23, 2009 N 0 300 600 � �\ ^() 1:4800 Feet Praluced by City of Rcnfcn tc; 2009, the City of Ren?cn a!: rights reserved. i owarranties ofanv sort, itc!udinabut not united to accw'acy. fitness or mero haMcbilEy, accorruany this Product. Earlington Annexation Area Proposed R-10 Zone L, j Eadington Annexation Boundary City Limits ® R1Ozone aeNamei ,.CE 1Pia, nnw2',G15kGIS_proj6-tswniexat!a=ezAingion �mxds4art��te�:_anr;ex Drnacsed_R9q_<one_Jui;ev9.rnxd sf CITY OF RENTON, WASHINGTON ORDINANCE NO. S F% AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON ESTABLISHING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY ANNEXED WITHIN THE CITY OF RENTON FROM R-12 (URBAN RESIDENTIAL 12 DWELLING UNITS PER ACRE, KING COUNTY ZONING) TO R-14 (RESIDENTIAL 14 DU/AC; FOURTEEN DWELLING UNITS PER ACRE, CITY OF RENTON ZONING) (EARLINGTON ANNEXATION, FILE NO. A-08-002). WHEREAS, under Section 4-2-020 of Chapter 2, Zoning Districts — Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," as amended, and the maps and reports adopted in conjunction therewith, the property hereinbelow described has not been zoned in the City of Renton; and WHEREAS, property owners petitioned the City of Renton for annexation and concurrent rezoning, which annexation having previously been approved and ordinance adopted which will annex the property to the City of Renton, and the City having held two public hearings in the matter of zoning, the first hearing having being held on April 6, 2009, and the second hearing having being held on August 17, 2009, and the zoning being in conformity with the City's Comprehensive Plan, as amended, and the City Council having duly considered all matters relevant thereto, and all parties having been heard appearing in support or in opposition to the proposed zoning; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The following described property in the City of Renton is hereby zoned to R-14. The annual ordinance adopting the maps of the City's zoning ordinance is hereby 1 ORDINANCE NO. amended to evidence the rezoning and the Administrator of the Community and Economic Development Department is hereby authorized and directed to change the maps of the zoning ordinance, as amended, to evidence the rezoning, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein. [Said property, approximately 10.97-acres, is generally located south of South 130th Street and west of 84th Avenue South.] SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30) days after its publication. PASSED BY THE CITY COUNCIL this day of 12009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2009. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1579:7/30/09:scr Denis Law, Mayor 2 �zY o� Department of Community U ��Nzo� & Economic Development Alex Pietsch, Administrator Adriana Johnson, Planning Technician June 30, 2009 N 300 600 Feet J� 1:4800 Earlington Annexation Area Proposed R-14 Zone L � Earlington Annexation Boundary '` City Limits ® R14 zone Produced by City of, Renton (c) 2099. the City o` Renton all rights reserved. No warranties of any sort, including but not t miffed to accuracy. fitness or merchantability. accompany this product. File Name:?:iCEDiPtannkr�glGlStGiS�rrojecfs�annercatlons�adinglon ln;xdstearTngtor,_annex_pruposed_R1a zone_ Rmt.,O9.mxd CITY OF RENTON, WASHINGTON ORDINANCE NO. S'V?ff AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ANNEXING CERTAIN TERRITORY TO THE CITY OF RENTON (DUVALL SOUTH; FILE NO. A-09-001). WHEREAS, under the provisions of RCW 35A.14.295 code cities are authorized to annex unincorporated islands of territory when the area has boundaries that are at least eighty percent (80%) contiguous to the city and is less than one hundred (100) acres in size; and WHEREAS, under the provisions of RCW 35A.14.295 the legislative body of the code city may resolve to annex such unincorporated islands and describe the boundaries of the area, state the number of voters residing therein, and set a date for a public hearing in the matter; and WHEREAS, the Renton City Council approved Resolution Number 3996 calling for the annexation of the Duvall South area under the unincorporated island method and setting the public hearing; and WHEREAS, the Renton City Council held a public hearing in the matter of the proposed annexation on March 2, 2009, affording proponents and opponents of the proposed annexation an opportunity to be heard; and WHEREAS, as part of the East Renton Plateau pre -zoning the area was considered as file number LUA 06-152 and the City held public hearings regarding the pre -zoning of the area with the first hearing held on November 6, 2006, and the second hearing held on December 11, 2006; and 1 ORDINANCE NO. WHEREAS, pre -zoning was determined to be Residential Four Dwelling Units per Net Acre (R-4) for the eastern portion of the area and adopted by Ordinance number 5254 and pre - zoning was determined to be Residential Eight Dwelling Units per Net Acre (R-8) for the western portion of the area and adopted by Ordinance number 5257; and WHEREAS, the King County Boundary Review Board deemed the "Notice of Intention" approved as of June 2, 2009; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The findings, recitals, and determinations are hereby found to be true and correct in all respects. All requirements of the law in regard to annexations using the unincorporated island method, including the provisions of RCW 35A.14.295 and 297 have been met. The area called Duvall South and depicted on the map attached hereto as Exhibit A is hereby annexed and made a part of the City of Renton; the property being described as follows: See Exhibit A attached hereto and made a part hereof as if fully set forth herein. [Said property, approximately 11.6-acres, is generally located immediately north of 139th Avenue Southeast and immediately west of Field Avenue Northeast, if extended.] SECTION II. The owners of property within said annexation area shall not be required to assume their fair share of the outstanding indebtedness of the City of Renton, but all property in the area shall be assessed and taxed at the same rate and on the same basis as property in the City of Renton, and the property shall be subject to the City's Comprehensive Plan and Zoning Code. 2 ORDINANCE NO. SECTION III. The City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the King County Council, State of Washington, and as otherwise provided by law. The City Clerk is also authorized and directed to give notice by publishing in a newspaper of general circulation at least one time per week for two consecutive weeks subsequent to the adoption of this ordinance. That notice shall include the proposed effective date of this annexation, a description of the property to be annexed, and statement that the area will be subject to City of Renton Zoning Code. SECTION IV. This ordinance is subject to referendum for forty-five (45) days and shall be effective following the passage of the forty-fifth (45th) day from but excluding the date of passage of this ordinance if no timely and sufficient referendum petition has been filed. PASSED BY THE CITY COUNCIL this day of , 2009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2009. Denis Law, Mayor 3 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1570:7/29/09:scr DUVAL SOUTH ANNEXATION - LEGAL DESCRIPTION That portion of the Southeast quarter of the Northwest quarter and the north 30 feet of the Southwest quarter of Section 15, Township 23 North, Range 5 East, W. M., in King County, Washington of said section bounded by the existing limits of the City of Renton, as annexed thereto under Ordinance Nos.3143, 4564, 3163, 5074 and 5283, listed in clockwise order beginning where the south line of said north 30 feet intersects the said limits to the West. 1 of 1 08/27/2008 9:48 AM UticY o Department of Community & Economic Development Q�N toZ Alex Pietsch, Administrator Adriana Johnson, Planning Technician December 10, 2008 N 0 225 t 1:4,200 Rroduced by City of Renton (c) 2008, the City of Renton all rights reserved. No warranties of any sort, including but not limited to accuracy; fitness or merchantability, accompany this product. ICJ 'n Imo' Duvall South Annexation Vicinity Map ;.Z,i Duvall South Annexation Area File Name'.:\EDNSP\GIS_projects\annexations\ honey_creek_estate s\tnxds\1_honey_creek,_estates_annex_vici nity.mxd sf -7 9 CITY OF RENTON, WASHINGTON 9�j -//D 9 ORDINANCE NO. 57`W 9 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON ANNEXING CERTAIN TERRITORY TO THE CITY OF RENTON (HONEY CREEK ESTATES; FILE NO. A-09- 003). WHEREAS, under the provisions of RCW 35A.14.295 code cities are authorized to annex unincorporated islands of territory when the area has boundaries that are at least eighty percent (80 %) contiguous to the city and is less than one hundred (100) acres in size; and WHEREAS, under the provisions of RCW 35A.14.295 the legislative body of the code city may resolve to annex such unincorporated islands and describe the boundaries of the area, state the number of voters residing therein, and set a date for a public hearing in the matter; and WHEREAS, the Renton City Council approved Resolution Number 3998 calling for the annexation of the Honey Creek Estates area under the unincorporated island method and setting the public hearing; and WHEREAS, the Renton City Council held a public hearing in the matter of the proposed annexation on March 2, 2009, affording proponents and opponents of the proposed annexation an opportunity to be heard; and WHEREAS, the King County Boundary Review Board deemed the "Notice of Intention" approved as of June 2, 2009; and WHEREAS, the City of Renton is concurrently zoning the annexation site to R-4, four units per net acre; 1 ORDINANCE NO. annexation, a description of the property to be annexed, and statement that the area will be subject to City of Renton Zoning Code and zoned to R-4, four dwelling units per net acre. SECTION IV. This ordinance is subject to referendum for forty-five (45) days and shall be effective following the passage of the forty-fifth (45th) day from but excluding the date of passage of this ordinance if no timely and sufficient referendum petition has been filed. PASSED BY THE CITY COUNCIL this day of , 2009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2009. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1571:7/29/09:scr 3 Denis Law, Mayor HONEY CREEK ESTATES ANNEXATION LEGAL DESCRIPTION Those portions of Sections 10 & 11 of Township 23 North, Range 5 East, W. M., in King County, Washington, described as follows: The north 20 acres of the Northeast quarter of the Northeast quarter of said Section 10, LESS that portion platted as Brookefield 11, as recorded in Volume 224 of Plats, pages 80 - 83, records of King County; TOGETHER with the west 30 feet (148"' Ave SE) of said Section 11 adjacent to the above described. i I I of 1 09/23/2008 1:49 PM U�AY o� Department of Community Honey Creek Estates Annexation & Economic Development Alex Pietsch, Administrator Vicinity Map Adriana Johnson, Planning Technician December 10, 2008 N 0 150 30Feet Honey Creek Estates Annexation Boundary 1:4,200 4� Produced by City of Renton (c) 2008, the City of Renton all rights reserved. No warranties of any sort, including but not limited to File Name :\EDNSP\GIS_projects\annexations\ accuracy, fitness or merchantability. accompany this product. honey.. creek estates\mxds\1_ honey_creek_estates_annex_vicinity.mxd CITY OF RENTON, WASHINGTON ORDINANCE NO..5'19D AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY ANNEXED WITHIN THE CITY OF RENTON FROM R-4 (URBAN RESIDENTIAL 4 DWELLING UNITS PER ACRE, KING COUNTY ZONING) TO R-4 (RESIDENTIAL 4 DU/AC; FOUR DWELLING UNITS PER ACRE) (HONEY CREEK ESTATES ANNEXATION, FILE NO. A-09-003). WHEREAS, under Section 4-2-020 of Chapter 2, Zoning Districts — Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," as amended, and the maps and reports adopted in conjunction therewith, the property hereinbelow described has not been zoned in the City of Renton; and WHEREAS, the annexation using the unincorporated island method and initiated by the City will be effective following the passage of the forty-fifth (45th) day from but excluding the date of the passage of the annexation ordinance and if a timely and sufficient referendum petition is not filed within those forty-five (45) days; and WHEREAS, the matter of zoning was duly referred to the Planning Commission for investigation, study, and public hearing, and two public hearing having been held thereon on or about May 13, 2009, and June 24, 2009; and said matter having been duly considered by the Planning Commission; and the zoning being in conformity with the City's Comprehensive Plan, as amended, and all parties having been heard appearing in support or in opposition to the proposed zoning; and, the City Council having duly considered all matters relevant thereto; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: 1 ORDINANCE NO. SECTION I. The following described property in the City of Renton is hereby zoned to R-4. The annual ordinance adopting the maps of the City's zoning ordinance is hereby amended to evidence the rezoning and the Administrator of the Community and Economic Development Department is hereby authorized and directed to change the maps of the zoning ordinance, as amended, to evidence the rezoning, to wit: See Exhibit A attached hereto and made a part hereof as if fully set forth herein. [Said property, approximately 18.2-acres, is generally located immediately south Northeast 12th Street, if extended and immediately west of 148th Avenue Southeast.] SECTION II. In accordance with RCW 35A.14.330 this ordinance shall be effective upon the effective date of the Honey Creek Estates annexation. PASSED BY THE CITY COUNCIL this APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1572:7/29/09:scr day of , 2009. day of Bonnie I. Walton, City Clerk Denis Law, Mayor 2009. 2 o�aY o� Department of Community &Economic Development Honey Creek Estates Annexation ®� ��NToZ Alex Pietsch, Administrator Zoning Data/GIS Services Adriana Johnson, Patrick Roduin April 22, 2008 N Legend 0 150 300� Honey Creek Annexation Boundary Feet 1:3200 R-4 (Proposed Zoning) Produced by City of Renton. (c) 2009. the City of r2enwn all rights reseived. No warranties of any sort: File Name: H:\CED\Planning\GIS\GIS_projedslannexaiions\ including but not limited to accuracy, fitness or ineichantability, accompany this product. honey_creek_estate\mxds\honey_creek_annex_proposed_zoning_B&W.mxd �sf 7/09 CITY OF RENTON, WASHINGTON ORDINANCE NO. 5'091 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ANNEXING CERTAIN TERRITORY TO THE CITY OF RENTON (SUNSET EAST; FILE NO. A-09-002). WHEREAS, under the provisions of RCW 35A.14.295 code cities are authorized to annex unincorporated islands of territory when the area has boundaries that are at least eighty percent (80%) contiguous to the city and is less than one hundred (100) acres in size; and WHEREAS, under the provisions of RCW 35A.14.295 the legislative body of the code city may resolve to annex such unincorporated islands and describe the boundaries of the area, state the number of voters residing therein, and set a date for a public hearing in the matter; and WHEREAS, the Renton City Council approved Resolution Number 3997 calling for the annexation of the Sunset East area under the unincorporated island method and setting the public hearing; and WHEREAS, the Renton City Council held a public hearing in the matter of the proposed annexation on March 2, 2009, affording proponents and opponents of the proposed annexation an opportunity to be heard; and WHEREAS, the King County Boundary Review Board deemed the "Notice of Intention" approved as of May 29, 2009; and WHEREAS, the City of Renton is concurrently zoning the annexation site to R-4, four units per net acre; 1 ORDINANCE NO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The findings, recitals, and determinations are hereby found to be true and correct in all respects. All requirements of the law in regard to annexations using the unincorporated island method, including the provisions of RCW 35A.14.295 and 297 have been met. The area called Sunset East and depicted on the map attached hereto as Exhibit B is hereby annexed and made a part of he City of Renton; the property being described as follows: See Exhibit A attached hereto and made a part hereof as if fully set forth herein. [Said property, approximately 15.9-acres, is generally located immediately north of Southeast Renton -Issaquah Road and immediately east of Jericho Avenue Northeast, if extended.] SECTION II. The owners of property within said annexation area shall not be required to assume their fair share of the outstanding indebtedness of the City of Renton, but all property in the area shall be assessed and taxed at the same rate and on the same basis as property in the City of Renton, and the property shall be subject to the City's Comprehensive Plan and Zoning Code. SECTION III. The City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the King County Council, State of Washington, and as otherwise provided by law. The City Clerk is also authorized and directed to give notice by publishing in a newspaper of general circulation at least one time per week for two consecutive weeks subsequent to the adoption of this ordinance. That notice shall include the proposed effective date of this 2 ORDINANCE NO. annexation, a description of the property to be annexed, and statement that the area will be subject to City of Renton Zoning Code and zoned to R-4, four dwelling units per net acre. SECTION IV. This ordinance is subject to referendum for forty-five (45) days and shall be effective following the passage of the forty-fifth (45th) day from but excluding the date of passage of this ordinance if no timely and sufficient referendum petition has been filed. PASSED BY THE CITY COUNCIL this day of , 2009. APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1573:7/29/09:scr Bonnie I. Walton, City Clerk day of 12009. 3 Denis Law, Mayor SUNSET EAST ANNEXATION LEGAL DESCRIPTION That portion of unincorporated King County lying in the Southeast quarter of Section 3, Township 23 North, Range 5 East, W. M., in King County, Washington, bounded on all sides by the existing limits of the City of Renton, as annexed thereto under Ordinance Nos. 4092, 5068 and 5293, listed in clockwise order beginning with the western boundary of the hereby described. 1 of 1 08/27/2008 12:33 PM Uti�Y o� Department of Community & Economic Development 'Q�N fOs Alex Pietsch, Administrator Adriana.Johnson, Planning Technician December 10, 2008 N 0 195 eet 1:4,200 Produced by City of Renton (c) 2008, the City of Renton all rights reserved. No warranties of any sort, including but not limited to accuracy, fitness or merchantability, accompany this product. Sunset East Annexation Vicinity Map C3Sunset East Annexation Bdry File Name::\EDNSP\GIS_projects\annexations\ sunset_east_annex\mxds\1 _sunset__east_annex_vicinity. mxd CITY OF RENTON, WASHINGTON ORDINANCE NO. /st 8� 7 /ay -?// 10o 9, AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY ANNEXED WITHIN THE CITY OF RENTON FROM R-4 (URBAN RESIDENTIAL 4 DWELLING UNITS PER ACRE, KING COUNTY ZONING) TO R-4 (RESIDENTIAL 4 DU/AC; FOUR DWELLING UNITS PER ACRE) (SUNSET EAST ANNEXATION, FILE NO. A-09-002). WHEREAS, under Section 4-2-020 of Chapter 2, Zoning Districts — Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," as amended, and the maps and reports adopted in conjunction therewith, the property hereinbelow described has not been zoned in the City of Renton; and WHEREAS, the annexation using the unincorporated island method and initiated by the City will be effective following the passage of the forty-fifth (45th) day from but excluding the date of the passage of the annexation ordinance and if a timely and sufficient referendum petition is not filed within those forty-five (45) days; and WHEREAS, the matter of zoning was duly referred to the Planning Commission for investigation, study, and public hearing, and two public hearing having been held thereon on or about April 22, 2009, and May 27, 2009; and said matter having been duly considered by the Planning Commission; and the zoning being in conformity with the City's Comprehensive Plan, as amended, and all parties having been heard appearing in support or in opposition to the proposed zoning; and, the City Council having duly considered all matters relevant thereto; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: 1 ORDINANCE NO. SECTION I. The following described property in the City of Renton is hereby zoned to R-4. The annual ordinance adopting the maps of the City's zoning ordinance is hereby amended to evidence the rezoning and the Administrator of the Community and Economic Development Department is hereby authorized and directed to change the maps of the zoning ordinance, as amended, to evidence the rezoning, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein. [Said property, approximately 15.9-acres, is generally located immediately north of Southeast Renton -Issaquah Road and immediately east of Jericho Avenue Northeast, if extended.] SECTION II. In accordance with RCW 35A.14.330 this ordinance shall be effective upon the effective date of the Sunset East annexation. PASSED BY THE CITY COUNCIL this day of , 2009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2009. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1574:7/30/09:scr Denis Law, Mayor 2 Department of Community Sunset East Annexation &Economic Development Alex Pietsch, Administrator Zoning DataIGIS Services Adriana Johnson, Patrick Roduin April 23, 2008 N Legend 0 155 310 rt--�� Sunset East Annexation Boundary Feet 0 R-4 (proposed zoning) 1:3600 Produced by City of Renton (c) 2009. the City of Renton all rights reserved. No warranties of any son, File Name. H:\CED\Planning\GIS\GIS_projects\annexations\ including but not limited to accuracy, fitness or merchantability, accompany this product. sunset _east\mxds\sunset_east_annex_proposed_zoning_B&W.mxd CITY OF RENTON, WASHINGTON ORDINANCE NO. 511193 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 1, ADMINISTRATION AND ENFORCEMENT, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON- TO AMEND LAND USE PERMIT FEES. WHEREAS, the City's land use permit fee schedule has not been evaluated or amended in many years; and WHEREAS, the City recently conducted an analysis of neighboring jurisdiction's land use permit fees and found Renton's fees to be significantly less than comparable jurisdictions for various permit types; and WHEREAS, the City desires to be more adequately compensated for actual processing costs, yet still encourage appropriate annexation proposals; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I: Subsection 4-1-170A, Application Type, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to read as shown on Attachment A. SECTION II: Subsection 4-1-17013, Joint Land Use Applications, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby deleted and the remaining subsections re -lettered accordingly. 1 ORDINANCE NO. SECTION III: Subsection 4-1-170C, Refund of Land Use Application Fees, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby re -lettered as subsection B, and amended to read as follows: B. REFUND OF LAND USE APPLICATION FEES: The filing fees as set forth in the fee schedule for the City are established to defray the cost of posting and processing and the proceedings in connection with a land use application. The Community and Economic Development Department Administrator may authorize the refunding of not more than eighty percent (80%) of the total application fees paid provided the applicant presents a written request to withdraw or cancel prior to the routing of the application for staff review. Eighty percent (80%) of the applicable fee will be refundable if the application is withdrawn prior to circulation by the Planning Staff. Once circulation (and review has begun) no refund of base fees will be authorized. SECTION IV: Subsection 4-1-170D, Exception for Projects Vested in the County, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby re -lettered as subsection C. SECTION V: This Ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. 2 ORDINANCE NO. PASSED BY THE CITY COUNCIL this day of , 2009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2009. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1568:7/9/09:scr 3 Denis Law, Mayor 4-1-170 LAND USE REVIEW FEES: A. APPLICATION TYPE: FEE AMOUNT: Additional Animals Permit (annual fee) $50.00 Annexation No charge Appeal of Hearing Examiner's Decision, Administrative Decision, or Environmental Decision $250.00 Binding Site Plan (total fee for both preliminary and final phases) $1,800.00 Code Text Amendment No Charge Comprehensive Plan Map or Text Amendment (each) $1,000.00 Conditional Use Permit $2,000.00 Critical Areas Review Fee 100% of costs of contract biologist's for those projects that propose impacts to critical areas' review' Environmental Impact Statement/Draft and Final' 100% of costs of coordination, review and appeals' Environmental Checklist Review $1,000.00 Fence Permit (special) $100.00 Grading and Filling Permit (Hearing Examiner) $2,000.00 Lot Line Adjustment $450.00 Manufactured/Mobile Home Park: Tentative $500.00 Preliminary $2,000.00 Final $1,000.00 Open Space Classification Request $100.00 Plats: Short Plat (total fee for both preliminary and final phases) $1,400.00 Preliminary Plat $4,000.00 Final Plat $1,500.00 Planned Urban Development: $2,000.00 Preliminary Plan $1,000.00 Final Plan Rebuild Approval Permit: Hearing Examiner Review $500.00 Administrative Review $250.00 Rezone $2,000.00 Routine Vegetation Management Permit without Critical Areas $75.00 ATTACHMENT A No Charge $ 2, 000.00 $ 2, 000.00 $2,000.00 each ee $ 2, 000.00 $1, 000.00 No Charge New Application and Repayment of Fee Required $ 2, 000.00 $ 75.00 $150.00 $1,200.00 each request $100.00 each request to cover costs incurred by the City in valuation of impacts to or hazards z When the City is the lead agency for a proposal requiring an Environmental Impact Statement (EIS) and the Environmental Review Committee (ERC) determines that the EIS shall be prepared, the City may charge and collect a reasonable fee from any applicant to cover costs incurred by the City in preparing the EIS. The ERC shall advise the applicant(s) of the projected costs for the EIS prior to actual preparation; the applicant shall post bond or otherwise ensure payment of such costs. The ERC may determine that the City will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, and may bill such costs and expenses directly to the applicant. Such consultants shall be selected by mutual agreement of the City and applicant after a call for proposals. If a proposal is modified so that an EIS is no longer required, the ERC shall refund any fees collected under this subsection which remain after incurred costs are paid. The City may collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this Title relating to the applicant's proposal. The City shall not collect a fee for performing its duties as a consulted agency. The City may charge any person for copies of any document prepared under this Title, and for mailing the document, in a manner provided by chapter 42.17 RCW. ATTACHMENT A -710 CITY OF RENTON, WASHINGTON ORDINANCE N0. S*? AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 11, SPEED LIMITS, OF TITLE X (TRAFFIC) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON," BY CHANGING THE SPEED LIMITS OF EDMONDS AVENUE S.E. FROM S.E. PUGET DRIVE TO S.E. 1615T STREET AND 116T" AVENUE SE FROM 1615T STREET TO SE 192ND STREET TO 30 MILES PER HOUR; ADDING DUVALL AVENUE NE, FROM THE NORTH CITY LIMIT TO NE 4T" STREET AND SETTING THE SPEED LIMIT AT 35 MILES PER HOUR; CHANGING THE SPEED. LIMIT OF BENSON DRIVE SOUTH, FROM SOUTH PUGET DRIVE TO PETROVITSKY ROAD SE TO 40 MILES PER HOUR; AND ADDING 108T" AVENUE SE, FROM PETROVITSKY ROAD SE TO THE SOUTH CITY LIMIT AT SE 192ND STREET AND SETTING THE SPEED LIMIT AT 40 MILES PER HOUR. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 10-11-113 of section 10-11-1, Speed Limits, of Chapter 11, Speed Limits, of Title X (Traffic) of Ordinance 4260 entitled "Code of General Ordinances City of Renton, Washington," is hereby amended by adding two new subsections, numbered 16 and 17, to read as follows: 16. Edmonds Avenue S.E. from S.E. Puget Drive to S.E. 161St Street, with the exception of the school zone. The school zone established around Cascade Elementary School shall remain in force dependent on time of day or the presence of children. 17. 116th Avenue SE from 161St Street to SE 192nd Street, with the exception of the school zone. The school zone established around Benson Hill Elementary 1 ORDINANCE NO. School shall remain in force dependent on time of day or the presence of children. SECTION II. Subsection 10-11-1C.16 of section 10-11-1, Speed Limits, of Chapter 11, Speed Limits, of Title X (Traffic) of Ordinance 4260 entitled "Code of General Ordinances City of Renton, Washington," is hereby amended to read as follows: 16. Oakesdale Avenue Southwest from Monster Road Southwest to Southwest 43rd Street, and the posting of signs to that effect on both sides of the street. SECTION III. Subsection 10-11-1C.17 of section 10-11-1, Speed Limits, of Chapter 11, Speed Limits, of Title X (Traffic) of Ordinance 4260 entitled "Code of General Ordinances City of Renton, Washington," is hereby amended to read as follows: 17. Duvall Avenue NE, from the north City limit to NE 4t" Street. SECTION IV. Subsections 10-11-1C.18 and 19 of section 10-11-1, Speed Limits, of Chapter 11, Speed Limits, of Title X (Traffic) of Ordinance 4260 entitled "Code of General Ordinances City of Renton, Washington," are hereby deleted. SECTION V. Subsection 10-11-1D of section 10-11-1, Speed Limits, of Chapter 11, Speed Limits, of Title X (Traffic) of Ordinance 4260 entitled "Code of General Ordinances City of Renton, Washington," is hereby amended to add two new subsections 4 and 5, to read as follows: 4. Benson Drive South, from South Puget Drive to Petrovitsky Road SE. 5. 108t" Avenue SE, from Petrovitsky Road SE to the south City limit at SE 192nd Street. 2 ORDINANCE NO, SECTION VI. This Ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of , 2009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2009. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1569:07/15/09:scr