Loading...
HomeMy WebLinkAboutCouncil 01/07/2008 AGENDA RENTON CITY COUNCIL *REVISED* REGULAR MEETING January 7, 2008 Monday, 7 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL * 3. SWEARING-IN CEREMONY: Mayor—Denis Law by State Attorney General Rob McKenna Councilmembers Marcie Palmer, Position No. 3; Greg Taylor, Position No. 4; King Parker, Position No. 5; and Don Persson, Position No. 7 by retired Judge Roger Lewis 4. DECLARATION OF VACANCY FOR COUNCIL POSITION NO. 2 (position formerly held by Dan Clawson who resigned effective 1/1/2008) 5. PROCLAMATION: National Mentoring Month - January 2008 6. ADMINISTRATIVE REPORT 7. 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. 8. 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 12/3/2007. Council concur. b. Approval of Council meeting minutes of 12/10/2007. Council concur. c. City Clerk reports bid opening on 12/20/2007 for CAG-07-202, Activity Buildings ADA Upgrades at Philip Arnold and Kennydale Lions Parks; two bids; engineer's estimate $348,000; and submits staff recommendation to award the contract to low bidder, United Pacific Structures, Inc., in the amount of$363,069. Council concur. d. Economic Development, Neighborhoods and Strategic Planning Department submits 60% Petition to Annex for the proposed Liberty Annexation and recommends a public hearing be set on 1/28/2008 to consider the petition and R-4 zoning; 193 acres located in the vicinity of 156th Ave. SE, SE 144th St., and SE 134th St. Council concur. e. Economic Development, Neighborhoods and Strategic Planning Department recommends approval to amend the 2008 Budget by transferring funds from the unallocated balance in Fund 110 (Hotel-Motel Fund) for the 2008 Renton Community Marketing Campaign and Renton Visitors Connection expenses. Council approved the lodging tax allocations on 12/10/2007. Council concur. (See 10. for ordinance.) (CONTINUED ON REVERSE SIDE) � I f. Economic Development, Neighborhoods and Strategic Planning Department recommends approval of a contract with Hamilton/Saunderson in the amount of$219,000 for management of the 2008 Renton Community Marketing Campaign. Contract funded by allocated lodging tax collections and by EDNSP Department business recruitment budget, key stakeholders, and other community agencies, organizations, and businesses. Council concur. g. Economic Development, Neighborhoods and Strategic Planning Department recommends approval of a contract with the Greater Renton Chamber of Commerce in the amount of$129,000 for the Renton Visitors Connection 2008 tourism marketing efforts. Contract funded by allocated lodging tax collections. Council concur. h. Police Department recommends approval of an interlocal agreement with various law enforcement agencies in King County to participate in the Regional Automated Information Network(RAIN) that coordinates information about criminal activity, offenders, and suspect vehicles across jurisdictional borders. Renton's cost share is $4,679.50. Council concur. (See 10. for resolution.) i. Transportation Systems Division requests approval of an amendment to CAG-07-178, contract with Washington State Department of Transportation, for the additional costs related to the SR- 900, I-405 vicinity to Harrington Ave. NE signal modification and raised traffic island project, which increases the contract amount by $20,000 for an expenditure of$45,000. Council concur. j. Transportation Systems Division recommends approval of two agreements with BNSF Railway Company: a general construction agreement, and a crossing surface installation agreement in the amount of$1,100,000; both of which are related to the installation of concrete crossing panels on railroad tracks on Houser Way S. from Main Ave. S. to Burnett Ave. S. Council concur. k. Utility Systems Division recommends approval of an agreement in the amount of$715,350 with Roth Hill Engineering Partners, LLC for the Stonegate II Lift Station and conveyance design. Council concur. * 9. UNFINISHED BUSINESS 10. RESOLUTIONS AND ORDINANCES Resolution: Regional Automated Information Network interlocal agreement (see 8.h.) * Ordinance for first reading: 2008 Budget amendment for Renton Community Marketing Campaign (see 8.e.) 11. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 12. AUDIENCE COMMENT 13. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) CANCELLED • 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 1 1 AM&9 PM,WED.&FRI.AT 9 AM&7 PM AND SAT.&SUN.AT 1 PM&9 PM RENTON CITY COUNCIL Regular Meeting January 7,2008 Council Chambers Monday, 7 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Denis Law called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ' ROLL CALL OF MARCIE PALMER, Council President; RANDY CORMAN; GREG COUNCILMEMBERS TAYLOR; TERRI BRIERE; KING PARKER; DON PERSSON. CITY STAFF IN DENIS LAW, Mayor; JAY COVINGTON, Chief Administrative Officer; ATTENDANCE LAWRENCE J. WARREN,City Attorney; BONNIE WALTON, City Clerk; TERRY HIGASHIYAMA, Community Services Administrator; PETER RENNER,Facilities Director; GERALD RERECICH, Recreation Director; ALEX PIETSCH, Economic Development Administrator; SUZANNE DALE ESTEY,Economic Development Director; MARTY WINE,Assistant CAO; PREETI SHRIDHAR, Communications Director; JUDGE TERRY JURADO, Municipal Court; FIRE CHIEF/EMERGENCY SERVICES ADMINISTRATOR I. DAVID DANIELS,DEPUTY CHIEF CHUCK DUFFY, DEPUTY CHIEF ROBERT VAN HORNE, and EMERGENCY MANAGEMENT DIRECTOR DEBORAH NEEDHAM, Fire Department; COMMANDER DAVID LEIBMAN, COMMANDER KATIE MCCLINCY, and COMMANDER CHARLES MARSALISI, Police Department. SWEARING-IN Following his comments regarding how Renton is flourishing and will continue CEREMONY do so under Mayor Law's leadership,Washington State Attorney General Rob Mayor and Councilmembers McKenna ceremonially administered the oath of office to Denis Law, who was elected to the office of Mayor in November 2007 for a four-year term to expire 12/31/2011. Following his remarks regarding Renton's outstanding local governance, retired Renton Municipal Court Judge Roger Lewis ceremonially administered the oath of office to incoming Councilmembers Greg Taylor,Position No. 4, and King Parker, Position No. 5,both of whom were elected in November 2007 to four- year terms to expire on 12/31/2011; and to Councilmembers Marcie Palmer, Position No. 3, and Don Persson,Position No. 7,both of whom were re-elected in November 2007 to four-year terms to expire on 12/31/2011. Mayor Law thanked all of the dedicated supporters and citizens of Renton who provided him with the opportunity to serve as Renton's Mayor. He expressed his appreciation to his family, Attorney General McKenna, and Judge Lewis; and he recognized former Mayor Don Custer, former Mayor Jesse Tanner's wife, Janice Tanner, and former Councilmember Toni Nelson,who were present in the audience. Additionally Mayor Law recognized former Mayor Kathy Keolker's contributions to the Renton community, and he welcomed new Councilmembers Taylor and Parker. Mayor Law stated that a lot of changes have taken place since Mayor Custer and Judge Lewis served the City,noting the growth in population, The Landing project, and the Seattle Seahawks headquarters. He stressed that Renton is fortunate to have a dedicated City Council and a committed City staff. Mayor Law said he looks forward to working with the Council and community partners towards continuing to improve the quality of life for Renton citizens. January 7,2008 Renton City Council Minutes Page 5 DECLARATION OF Mayor Law declared Council Position No. 2 vacant due to the resignation of VACANCY Councilmember Dan Clawson and acceptance of that resignation by Council at Council: Vacancy Declaration the Council meeting on 12/10/2007. Mayor Law reviewed the steps that must &Appointment Process be taken to fill the unexpired, four-year term that expires 12/31/2009,as established per policy 800-10. MOVED BY PALMER, SECONDED BY CORMAN, COUNCIL: SET NOON ON MONDAY,JANUARY 14, 2008, AS THE DEADLINE FOR SUBMISSION OF LETTERS OF INTEREST TO FILL THE COUNCIL VACANCY,AND SET 4:30 P.M. ON MONDAY, JANUARY 14,2008,AS THE DATE AND TIME FOR COUNCIL'S REVIEW AND DEBATE OF THE SUBMITTED MATERIALS DURING THE COMMITTEE OF THE WHOLE MEETING IN THE COUNCIL CHAMBERS, WITH NO PUBLIC COMMENT TO BE TAKEN. CARRIED. Mayor Law invited all interested qualified persons to submit a letter of interest accompanied by any additional materials outlining interests and qualifications, as well as any letters of support from individuals or organizations,to the City Clerk by noon on January 14. Council President Palmer assured that the process of choosing a councilmember will be public, and all discussions will be carried out on the floor. PROCLAMATION A proclamation by Mayor Law was read declaring January 2008 to be "National National Mentoring Month- Mentoring Month" in the City of Renton in tribute to the many dedicated January 2008 individuals who volunteer their time, compassion, and talents to mentor young people, and encouraging all citizens to join in this special observance and to consider giving back to the community as mentors. MOVED BY BRIERE, SECONDED BY PARKER, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. Erin Iverson,Mentor Program Manager for Communities in Schools of Renton, accepted the proclamation with appreciation. AUDIENCE COMMENT Mark Martinez (Renton),pointing out that he owns property near the proposed Citizen Comment: Martinez - Liberty Annexation area, expressed concern regarding the effect of new Liberty Annexation, 156th Ave development on surface water drainage. He asked that developers currently SE & SE 144th St performing construction in the area and future developers be required to develop under level 3 flow control standards in order to help mitigate the drainage problems. Citizen Comment: Jaques - Fred Jaques(King County)recommended that the Liberty Annexation proposal Liberty Annexation, 156th Ave be rejected. He questioned the validity of the signatures on the petition and the SE & SE 144th St time frame. Additionally, Mr. Jaques stated that the annexation does not have logical boundaries, and requested that the petition be restarted. Citizen Comment: Campbell - Arthur Campbell (King County) asked that the proposed Liberty Annexation Liberty Annexation, 156th Ave boundary be adjusted so that the area's southern boundary extends along SE SE & SE 144th St 144th St. He indicated that this is a more natural boundary, and makes more sense for police service response. Responding to Councilmember Corman's inquiry,Mr. Campbell stated that he lives in the area that he is suggesting be part of the annexation. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. i January 7, 2008 Renton City Council Minutes Page 6 Council Meeting Minutes of Approval of Council meeting minutes of 12/3/2007, including the correction to 12/3/2007 the total 2008 Budget amount on page 423,paragraph 8, 1st sentence,which should state $234,628,924. Council concur. Council Meeting Minutes of Approval of Council meeting minutes of 12/10/2007, including the correction to 12/10/2007 the total 2008 Budget amount on page 438,paragraph 2, 1st sentence, which should state $234,628,924. Council concur. CAG: 07-202, Activity City Clerk reported bid opening on 12/20/2007 for CAG-07-202, Activity Buildings ADA Upgrades at Buildings ADA Upgrades at Philip Arnold and Kennydale Lions Parks; two Philip Arnold & Kennydale bids; engineer's estimate $348,000; and submitted staff recommendation to Lions Parks,United Pacific award the contract to low bidder,United Pacific Structures, Inc., in the amount Structures of$363,069. Council concur. Annexation: Liberty, 156th Economic Development,Neighborhoods and Strategic Planning Department Ave SE & SE 144th St submitted 60%Petition to Annex for the proposed Liberty Annexation and recommended a public hearing be set on 1/28/2008 to consider the petition and R-4 zoning; 193 acres located in the vicinity of 156th Ave. SE, SE 144th St., and SE 134th St. Council concur. EDNSP: 2008 Budget Economic Development,Neighborhoods and Strategic Planning Department Amendment, Hotel-Motel recommended approval to amend the 2008 Budget by transferring funds from Fund Transfer the unallocated balance in Fund 110 (Hotel-Motel Fund) for the 2008 Renton Community Marketing Campaign and Renton Visitor's Connection expenses. Council approved the lodging tax allocations on 12/10/2007. Council concur. (See page 7 for ordinance.) EDNSP: Renton Community Economic Development,Neighborhoods and Strategic Planning Department Marketing Campaign, recommended approval of a contract with Hamilton/Saunderson in the amount Hamilton/Saunderson of$219,000 for management of the 2008 Renton Community Marketing Campaign. Contract funded by allocated lodging tax collections and by EDNSP Department business recruitment budget, key stakeholders, and other community agencies, organizations, and businesses. Council concur. EDNSP: Renton Visitors Economic Development,Neighborhoods and Strategic Planning Department Connection Tourism Efforts, recommended approval of a contract with the Greater Renton Chamber of Chamber of Commerce Commerce in the amount of$129,000 for the Renton Visitor's Connection 2008 tourism marketing efforts. Contract funded by allocated lodging tax collections. Council concur. Police: Regional Automated Police Department recommended approval of an interlocal agreement with Information Network Interlocal various law enforcement agencies in King County to participate in the Regional Agreement Automated Information Network(RAIN) that coordinates information about criminal activity, offenders, and suspect vehicles across jurisdictional borders. Renton's cost share is $4,679.50. Council concur. (See page 7 for resolution.) CAG: 07-178, SR-900/I-405 Transportation Systems Division requested approval of an amendment to CAG- Vicinity to Harrington Ave NE 07-178, contract with Washington State Department of Transportation, for the Signal Modification, WSDOT additional costs related to the SR-900, I-405 vicinity to Harrington Ave. NE, signal modification and raised traffic island project,which increases the contract amount by $20,000 for an expenditure of$45,000. Council concur. Transportation: Houser Way S Transportation Systems Division recommended approval of two agreements Railroad Track Crossing with BNSF Railway Company: a general construction agreement, and a Improvements, BNSF Railway crossing surface installation agreement in the amount of$1,000,000;both of Company which are related to the installation of concrete crossing panels on railroad tracks on Houser Way S. from Main Ave. S. to Burnett Ave. S. Council concur. January 7, 2008 Renton City Council Minutes Page 7 Utility: Stonegate II Lift Utility Systems Division recommended approval of an agreement in the amount Station Design, Roth Hill of$715,350 with Roth Hill Engineering Partners, LLC for the Stonegate II Lift Engineering Partners Station and conveyance design. Council concur. MOVED BY PALMER, SECONDED BY TAYLOR, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. RESOLUTIONS AND The following resolution was presented for reading and adoption: ORDINANCES Resolution #3924 A resolution was read authorizing the Mayor and City Clerk to sign the Police: Regional Automated interlocal agreement among the participating law enforcement agencies forming Information Network Interlocal a Regional Automated Information Network(RAIN). MOVED BY BRIERE, Agreement SECONDED BY PERSSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinance was presented for first reading and referred to the Council meeting of 1/14/2008 for second and final reading: EDNSP: 2008 Budget An ordinance was read amending the 2008 Budget by transferring $80,000 from Amendment, Hotel-Motel Fund 110 Hotel-Motel account's unallocated fund balance as authorized by the Fund Transfer Lodging Tax Advisory Committee on 12/10/2007. These funds will be disbursed in part through the 2008 contracts with Hamilton/Saunderson for marketing services for$219,000, and with Renton Chamber of Commerce for the Renton Visitor's Connection for$129,000. MOVED BY BRIERE, SECONDED BY CORMAN, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 1/14/2008. CARRIED. AUDIENCE COMMENT Jim Sullivan (King County)requested that the proposed Liberty Annexation's Citizen Comment: Sullivan - southern boundary be adjusted to extend along SE 144th St. in order to include Liberty Annexation, 156th Ave the neighborhood in which he resides in the annexation area. SE & SE 144th St ADJOURNMENT MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL ADJOURN. CARRIED. Time: 7:48 p.m. YC3�`�J�i�• GUGZ��tD'n� Bonnie I. Walton, CMC, City Clerk Recorder: Michele Neumann January 7, 2008 RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING January 7, 2008 COMMITTEE/CHAIRMAN DATE/TIME AGENDA COMMITTEE OF THE WHOLE MON., 1/14 Review of Council Candidate Information (Palmer) 4:30 p.m. COMMUNITY SERVICES (Briere) FINANCE MON., 1/14 Final 2007 Vouchers (Persson) 4 p.m. PLANNING & DEVELOPMENT THURS., 1/10 City Code Title IV (Development (Parker) 3 p.m. Regulations) Docket PUBLIC SAFETY MON., 1/14 CANCELLED (Taylor) TRANSPORTATION (AVIATION) THURS., 1/10 CANCELLED (Corman) UTILITIES NOTE: Committee of the Whole meetings are held in the Council Chambers unless otherwise noted. All other committee meetings are held in the Council Conference Room unless otherwise noted. CITY OF RENTON Denis Law, Mayor P r W heerea4-, the future of the city of Renton and our nation rests on the shoulders of our youth; and Whereat; educated, confident, and nurtured children will give rise to a stronger city, community, state, and nation; and Whereat; the mission of Communities in Schools of Renton is to champion the connection of needed community resources with schools to help young people successfully learn, stay in school, and prepare for life; and Whereat; research has shown that mentoring has a definitive impact on young people by increasing school attendance, improving rates of high school graduation and college attendance, and decreasing involvement with drugs, alcohol, and violent behaviors; and Whereat; the Communities in Schools of Renton Mentoring Program matches a caring adult with a child in a one-to-one relationship to provide guidance and build confidence, stability, and direction for that child; and 11) Whereat, mentoring relationships create continuing cycles of hope and promise, as they not only provide positive influences for individual children, but also strengthen families and communities; Now, Therefore, I, Denis Law, Mayor of the City of Renton, do hereby proclaim the month of January 2008, to be Nam' eAntortli M in the City of Renton,in tribute to the many dedicated individuals who volunteer their time, compassion, and talents to mentor young people, and I encourage all citizens to join me in this special observance and to consider giving back to our community as mentors. In witness whereof, I have hereunto set my hand and caused the seal of the City of Renton to be affixed this 7th day of January, 2008. • Denis Law, Mayor of the City of Renton, Washington fn 1055 South Grady Way-Renton,Washington 98057-(425)430-6500/FAX.(425)430-6523 RENN AHEAD OF THE CUBE ms paper contains 50%recycted materiaL 30%post consumer //7/Zoo5 e,jieir C c ole-pif - At'Aut Com hal/ _ .. IT 44:- pi •-amermu moirmonal I ' am 4-0 i 4-4 in morminummillilla Lamm' .: in 1It �,,y _� 2 SSE 134th tet. `` ���,• . r _0 III i ..V. *1111111111r. ri _ s gummy' �v, �- . ,.. . :, rt , 1 1 1 13��St. it iniumb, I- 1Uall i 111 11111'.. IIInouctil - II MI LI' 111111 Park mil �s = -'� 1st:: _= ill.Gis1�r wH I _ Vit! :r ^ L11�3i f 1 !1 ! " itt�� -- ``� !IIIA r .. ,li�� L'_' I I SEI II Mil) [9. 1 1 f -- Eilling OIrIr111E� cn (,) •;, ial w Liberty ----------Zi « -_.„ ,„1,, i. . 11 �!! �� ` �� H.S. `t• /LL11L�1tirowil in I 1 1CD ala ar/ill III 1 II - La �� ��� Park c aim u� erg lidbal II, St. F, „��� ���� ... _,- .4_, L4 !iiá iA - im VW% MW, .., Vb.. IMMO 121111111111111 21111Wrii MINN 7_ In N1,0411 ftdr Immo mow - weimminv ratek litiusi .. Imago ____ Liberty Annexation 0 600 1200 Exhibit 1 ...;<: ._ NENAnnexation Boundary 1 : 7200 yq Economic Development.Neighborhoods&Strategic planning • Alex Piebch,Mmtnirtmmr ui�i , - Urban Growth Boundary - City Limits r i CITY OF RENTON COUNCIL AGENDA BILL AI#: g6 CO • Submitting Data: For Agenda of: Dept/Div/Board.. AJLS/City Clerk January 7, 2008 Staff Contact Bonnie Walton Agenda Status Consent X Subject: Public Hearing.. Bid opening on December 20, 2007, for CAG-07-202, Correspondence.. Activity Buildings ADA Upgrades at Philip Arnold and Ordinance Kennydale Lions Parks Project Resolution Old Business Exhibits: New Business. Staff Recommendation Study Sessions Bid Tabulation Sheet (two bids) Information Recommended Action: Approvals: Legal Dept Council concur Finance Dept Other . Fiscal Impact: iiiExpenditure Required... $363,069 Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget $240,000 City Share Total Project SUMMARY OF ACTION: Engineer's Estimate: $348,000 In accordance with Council procedure, bids submitted at the subject bid opening met the following criteria: there was more than one bid, and there were no irregularities. While the low bid was not within the amount budgeted, sufficient funds from project savings and cancelled projects cover the budget shortfall, and no fund transfer is necessary. STAFF RECOMMENDATION: Accept the low bid submitted by United Pacific Structures, Inc. in the amount of$363,069. III P �Y ti 0a cm � COMMUNITY SERVICES DEPARTMENT �N�o� MEMORANDUM DATE: December 21, 2007 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayor Elect FROM: Terry Higashiyama, Community Services Administrator STAFF CONTACT: Peter Renner, Facilities Director, Ext. #6605 SUBJECT: Award of Bid, Kennydale Lions Park and Philip Arnold Park Recreation Buildings. We would like to submit the results of the following project bid for Council's review and approval: • Council date: January 7, 2008 • • Project Name: Recreation Building ADA Upgrade • • Project Summary: This project involves the update of two park recreation buildings, one in Kennydale Lions Park and one in Philip Arnold Park, to comply with current ADA bathroom and accessibility standards. • Bid Opening Date: December 20, 2007 • Number of Bidders: Two • Apparent Low Bidder: United Pacific Structures, Inc. • Apparent Low Bid: $363,069.00 • Engineer's Estimate: $348,000.00 • Project Budget: $240,000.00 • Funding Source: Community Services Department Public Facilities CIP Fund • Additional Funding: $270,000 from project savings and cancelled projects in the 2007 Fund 316 for a total budget of$510,000. • Bid Irregularities: None • Staff Recommendation: Council Concur in awarding the Kennydale Lions Park and Philip Arnold Park Recreation Building upgrades to United Pacific Structures, Inc. in the amount of$363,069.00. CC: Jay Covington,Chief Administrative Officer Mike Bailey,Finance/FIS Administrator • CITY OF RENTON BID TABULATION SHEET PROJECT: Activity Buildings ADA Upgrades at Philip Arnold&Kennydale Lions Parks; CAG-07-202 • DATE: December 20, 2007 FORMS BID BIDDER Triple Contractor's Form Qualification Statement Advanced Construction,Inc. X X $377,883.00 4640 Campus Pl., Suite 150 Mukilteo,WA 98275 A.J. Smith United Pacific Structures, Inc. X X $363,069.00 PO Box 1640 Gig Harbor,WA 98335 Jim Bozich 4111 ENGINEER'S ESTIMATE TOTAL: $348,000.00 LEGEND: • Forms:Triple Form:Non-Collusion Affidavit,Anti-Trust Claims,Minimum Wage CITY OF RENTON COUNCIL AGENDA BILL AI#. o ci - Submitting Data: For Agenda of: • Dept/Div/Board.. EDNSP/Strategic Planning January 7, 2007 Staff Contact Don Erickson (x-6581) Agenda Status X Consent X Subject: Public Hearing.. Liberty Annexation - Acceptance of 60% Direct Correspondence.. Petition and consideration of future zoning Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions 60% Direct Petition Information King County Certification Document Recommended Action: Approvals: Council concur in setting a public hearing for Legal Dept X January 28, 2008. Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget N/A City Share Total Project.. SUMMARY OF ACTION: • The Council received a 60% Direct Petition to Annex on October 25, 2007, to annex approximately 193-acres of unincorporated King County located within Renton's Potential Annexation Area. The proponent's petition has been certified by King County as having signatures representing at least 60% of the area's assessed valuation. Under state law, if the City decides to accept the 60% Direct Petition it is required to hold at least two public hearings on future zoning. The site is currently designated Residential Low Density (RLD) on the City's Comprehensive Plan Land Use Map and would most likely be zoned R-4, four units per net acre, consistent with this designation, if it is eventually annexed into the City. The Administration is also seeking authorization to forward the Notice of Intent Package to the Boundary Review Board if Council decides to accept the 60% Direct Petition. STAFF RECOMMENDATION: Council set January 28, 2008, for a public hearing to decide whether to accept the 60% Direct Petition, to consider future zoning for the Liberty Annexation if the 60% Direct Petition is accepted, and to authorize the Administration to forward the Notice of Intent package to the Boundary Review Board for King County. i Rentonnet/agnbill/ bh ',I CITY OF RENTON ,�Y O ,et' ECONOMIC DEVELOPMENT, NEIGHBORHOODS AND STRATEGIC PLANNING MEMORANDUM DATE: December 21, 2007 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayo a) ' bs" FROM: Alex Pietsch, Administrator (x-6592) STAFF CONTACT: Don Erickson, (x-6581) • SUBJECT: Liberty Annexation - Acceptance of 60% Direct Petition Annex and Consideration of Future Zoning ISSUES: Whether the City Council wants to accept the 60% Direct Petition to Annex the Liberty Annexation now that the petition has been certified by the King County Department of Assessments? Whether future zoning should be R-4, consistent with the Comprehensive Plan Land Use Map, if the Council decides to accept the 60% Direct Petition? If the Council accepts the 60% Direct Petition, whether it wishes to authorize the Administration to forward the Notice of Intent package for this annexation to the Boundary Review Board, at this time? RECOMMENDATION: • Council accept the 60% Direct Petition to Annex the 193-acre Liberty Annexation site; • • Council adopt the recommendation of the Administration to support future zoning consistent with the Comprehensive Plan Land Use Map Residential Low Density (RLD) designation, shown for this portion of the East Renton Plateau PAA; and • Liberty Annexation- Acceptance of 60% Direct Petition, Zoning Public Hearing December 20, 2007 Page 2 • Council authorize the Administration to forward the Notice of Intent package for the • Liberty Annexation to the Boundary Review Board for King County for their mandatory 45-day review. BACKGROUND SUMMARY: At its July 9, 2007, public meeting, Council decided to accept the 10% Notice of Intent to Commence Annexation petition and authorized circulation of a 60% Direct Petition to Annex. Council at that time required petitioners to support future zoning consistent with the Comprehensive Plan land use designation upon possible future annexation to the City. Except for a parks shortfall, no major issues were identified for this annexation area. Because the annexation area is in the Orting Hills sub-basin of the Cedar River Basin and drains to Orting Hills Creek, future development should be required to mitigate surface water impacts and asked to use the 2005 King County Surface Water Design Manual, level 2 flow control standards. The City received the 60% Direct Petition to Annex for this revised annexation on October 25, 2007. The petition was certified by the King County Department of Assessments as having signatures representing at least 60% of the area's assessed valuation on November 26, 2007. Council is now being asked to decide whether it wants to accept the 60% Direct Petition to Annex, and if it does, consider future zoning for the site should it be subsequently annexed into the City. 11111 The Comprehensive Plan Land Use Map designation for the subject site is Residential Low Density (RLD). This designation currently allows three zoning classifications: Resource Conservation at one unit per ten acres, R-1 at one unit per net acre, and R-4 at four units per net acre. The area is currently zoned R-4, four units per gross acre in King County and bonuses up to six units per gross acre under this zoning. Six units per gross acre is comparable to Renton's R-8 zoning (60 units versus 68 units). Staff is recommending R-4 zoning, consistent with the current RLD land use designation. The 193-acre area was previously a part of the proposed 1,475 Preserve Our Plateau Annexation that failed at the polls last November. As a consequence of this larger annexation failing, residents within this area who supported annexation petitioned the City to bring their area into Renton. A more detailed discussion of this proposed annexation and review comments are contained in the department's June 18, 2007, Liberty Annexation 10% Notice of Intent issue paper. CONCLUSION: The proposed Liberty Annexation has been certified as now having sufficient signatures representing at least 60% of the area's assessed value. It also has reasonable boundaries and appears to comply with most of the relevant Boundary Review Board objectives. Reviewing staff raised no significant obstacles to this annexation. Parks, however, indicated a general • deficiency in neighborhood and community parks in the area and estimate a one time parks Liberty Annexation-60%Direct Petition Liberty Annexation- Acceptance'of 60% Direct Petition, Zoning Public Hearing December 20, 2007 Page 3 • acquisition and improvement cost of$287,279 to bring the annexation site up to City standards. This is based upon an estimated future population of 750 people living in 326 dwelling units. Currently, there are approximately 269 single-family detached dwellings on the site (a number of whom are in new subdivisions). Based upon the above, and the previously submitted analysis in the 10% Notice of Intent issue paper, staff concludes that the proposed Liberty Annexation would further the City's business goals and be in the general welfare and interest of the City and asks Council to accept the 60% Direct Petition and authorize staff to forward the Notice of Intent package to the Boundary Review Board for King County. { • 1 • Liberty Annexation-60%Direct Petition .. � iIla '4' , "�-��----- -Imo,■ om ;7 _____ -_- li ` II 1111111111111111ti ,11 .:,11 . ' 0 ! SE 134th t. III NIL Vl . Ill IF— Ilia •i Inn L �I ,T �411111111.1 40111 aiumei Lo II 1 136th St. 11A11111 ----= lb Park ....." 1 111131w�t Mikt 0 MI _libeny ---- J1 1 S= I13 t� 10. 1 I J :1�� law Q irx,ilkk _ane Li � fllani w Libert 9 l ril y :_ 3 t� PI. Q �L��L ']�i • r-� H.S. P\ 11111111111. = — co V IMPARIVI -4 'di. a 1 Park �' MN ma ll 4-2ne St. -, ni 0 �� ► 4�l�� NEM• 1411110 w Alibi MM. Malillin hal MillMir IN Zerar ‘-\--- - pi , MMY4 . 1111II1 ' -• `• 1111714111.411111 MI‘ VINE 11111p ►���•.. i��l� LIN Ai. 'Mil-imam" II _ Ii-■..a . itakon Liberty Annexation o 600 1200 f' Exhibit 1 Annexation Boundary 1 : 7200 J ,c'\,@:, Alcx Economic Development,Neighborhoods&Strategic Planning P dministrator ;J� Urban Growth �dary City Limits 0 . 1 /q-o7ooa PETITION TO ANNEX TO THE CITY OF RENTON UNDER RCW 35A.14.120 CITY OF RENTON • (60% Petition — Liberty Annexation) OCT 2 5 2007 TO: THE CITY COUNCIL OF THE CITY OF RENTON RECEIVED 1055 South Grady Way CM CLERK'S OFFICE Renton, WA 98055 The undersigned are owners of not less than sixty percent(60%) in value according to the assessed valuation for general taxation, of real property located contiguous to the City of Renton. We hereby petition that such property be annexed to the City of Renton under the provisions of RCW 35A.14.120 et seq. The territory proposed to be annexed is within King County, Washington, and is contiguous to the City of Renton. A map (Exhibit 1) and legal description(Exhibit 2) are included as part of this petition. In response to a duly filed and considered "Notice of Intention" to commence annexation proceedings, the City Council of the City of Renton met with the initiating parties under RCW 35A.14.120 on July 9, 2007. The City Council then determined that the City would accept the proposed annexation. Further, pursuant to RCW 35A.14.120, the undersigned petitioners agree to: (1) Accept the City's Comprehensive Plan land use designation as it affects the subject property: and • (2) Accept the City's simultaneous adoption of zoning regulations for the subject property consistent with the City's Comprehensive Plan, all as noted in the minutes of the Council meeting and contained in the electronic recording of such meeting. WHEREFORE, the undersigned property owners petition the City Council and ask: (a) That the City Council fix a date for a public hearing about such proposed annexation, cause a notice to be published and posted, specifying the time and place of such hearing, and inviting all persons who are interested to appear at the hearing and state their approval or disapproval of such annexation or to ask questions; and (b) That following such hearing, and consistent with any approval by the Boundary Review Board, the City Council by ordinance annex the above described territory to become part of the City of Renton, Washington, subject to its laws and ordinances then and thereafter in force, and to receive City public services. This two page form is one of a number of identical forms which comprise one petition seeking the annexation of the described territory to the City of Renton, Washington as above stated, and • may be filed with other pages containing additional signatures. NAMt ut-I KUF'VNtN I: .Uurtis Schuster —ADDRESS OF PROPONENT: /)3,)0 N•L'. �"�5r1lar cfr *vo d Page 1 of 5 PHONE NUMBER OF BgLL E-y"e1 M`` eiro PROPONENT: 2-O '.)‘1,-.M 1i t vo-tivv L=-)t0 5 E'4, Kt; Liberty Annexation, continued .) WARNING: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who • makes herein any false statement, shall be guilty of a misdemeanor. The undersigned have read the above petition and consent to the filing of this petition. (Names of petitioners should be in identical form as the same that appear on record in the chain of title to the real estate.) ii /. • '::'::.-::: ':::::,:iie:.1''';,-,1 :-: ::.:::0:.*:1440.,;',?::7-: ',:., :::.,:,::' ;#4140,,• .' ' -.. .. .-***** .- f 3 7 0 1I' a cP 1. ---- --- (e20 1 ,-- - 2. Gi �0 0r) - 1530 5 'L 13`)-�6'L_ H 3�I o II � ,111 =.)--O7 ytt � 13 73 d �5 �s-.3t°�s� ow ,i3(1 DafilfigGiA5o/v_,:3-0/VC e,f l'1:;:%25 c./3f,�6 .% 6 a.3 D-o iv"..r' g f.s 14s7 o� — a' • ` 5. Z2 +444 ''`�:= li, , Liberty Annexation, continued WARNING: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or ip she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement,shall be guilty of a misdemeanor. The undersigned have read the above petition and consent to the filing of this petition. (Names o petitioners should be in identicalform as the same that appear on record in the chain of PP of title to the real estate.) V(.14.606010. .1 k�Y 10 :i •.> - '„. •'` - - [-o.'T.l"`c�M. <lssessor:t : R_ ,!. ,. ........: M,.�.,,.,. ,,� ,. 1 ;: = r GU >r) 1 31x0 i•5; _L pi 50 /iii iZa raN\ t-)>} et 0o51- 39450 —o'f .yttnA) R w,� �o a`a' 6o iTv") (,i;-f- So )5 2 4-R 56 136441 LN 3. tijab7 P-� c 7 o I\ ToK) wit 09F1 5) fSer!-*L . 4. q//19/e7 ' 1?1Q ) - wooa s'E /�6 .tAi III 5, 1 i _, ----271, 7�- v1-'- /7,7 ab (5-3,4101- st _C35, 1/1 1 gl a/ mhocit fir-J.1--6-. rapirlyk, bo-il-qsys-7 6. 9// .,/07 /' /37/z ir3 ��: . 0 _ .03 !I-kw Vayt) 1 -e , w)9 `. < 15-2.5-log-s r7`J=P� 7. q b� %1 ! a1321 Sci 61-—(0Cab 6 High/ria RP-4* g i Ao• ,3,„ /t--,,,,,, rp,,- 31?-- 311s4 -CO ' 8. "f / 04- 1,11 ..,..,44.v 7.;) c-47,t_v .4._,,,,, ___„ . 9. 9/1,)z,0 c 7:_?2n- k\----1,-A- `A-----Cy 5 , rr __.,i‘.1,,.,-ivi,\L 1.-- 3A9,90 u'l I' , 10. �.J 4yoL �( _ /F 15-31 Sr; I� A • / __ c- _ p,a,,,,, os)- ms-7 • Ac-4\ II . _ F^~y Page:, - _,y<<:. Liberty Annexation, continued ' 7 WARNING: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or • she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. • The undersigned have read the above petition and consent to the filing of this petition. (Names ofpetitioners should be in identical form as the same that appear on record in the chain of title to the real estate.) <r . ft 1`%4�� ":r �'a> td r�_. :t�, kTMi r .:.is;=. =_iu'��° � y."-y��'a.��.�'i`,_. '.f,.F.�S7s$= � 4"e:. t..�5�^v�'. �`3���w��� ..:`,'{.I:: <`�T':^�r•:j;'. � -;ku;:�+r. :_{�St.:». s•:T'� ',"r• --'�'s�':.*,.;:.�F.?:, x21 a.�' 1���a_xT..�s�--"(.ys"-:•':., �r:�t°,- F,: �: ��"s� �,`{ i sj::s��• --- - ^�`�:y 491011-1*,z3A-'� � z'•• F'i�.��==: � :���'�� �� �7c3� •`xN,,t .:e;1;s'.� j:: 1 1.0 x� 1 ,:;,,, t�" t 6, -"•;b�iv:.�::?� x.-x.`= '.r;i5:..t�;��.�,5._, :«'�>:as.',.t N:.e ,`.: e �.��a:.:::.��;- ��'=� _ s.y:,..s„�....j.� �:,��", �,c` - ,FfO:� ,,1C....-.` .;Sr�.a...�:-3'r.�, '•A - .ul„'.T..:. ._�C�..-_ �:iY.'v.�i_��!L ,. :_L:..:x':`..r.M:� y� s/v�.."� i '<'r. _ "T ,:iC' �.,�{.5 ::t:3; ":f:3`t>�� � �`d T% 3^,�C$_S'��S;a,� : ...x_...::�:n- y. Y. :ii "..`ili-x�.3.,wx3.eiy:.! - - s\is.. -.sir a.. i�.a rv:ve •. f :�...c: .-, . . xr xx.• . .,.; .:,rr,.,.x.:ti.._..::.. �?„ - - .b:or: la 1 `B125/07 _ t i, _ 6 239 . E 13(,944' Et e,ect 6v15-wv‘, I C4&.& (JA `g6 S't 3,2 9%5-1o-O 4zaz. ' Y3a8Li 2. g/29/o7 - 4R-E1-4-rt, Ic31S Sf- 13 3 -)° -) --- -- he t-F c,.JA 991:67 SQA) -c1A-c -i 3�`� 'o- O L° �/,��� 13731lsaN..C�se" 4. e/24lcri 1 .„ : . 4a,k. Rehtzth, WA- gtos5f 3 s-9o7-v/go F49/91 1110 • � a- �Je /57 °` • Ble4o-z=1 • 6.23 6. fA7Atri u o c. /� �G� _ �A 3 5-9'07• *1201 a eki,_ 13 -7--/.5.341PL-sL tul/dieRe7,(4 qgc)- .7;,,5—q0 -c2�*o 8. 9. 10. 4111 Page 2 of 2' l'" . -\ Liberty Annexation, continued \. WARNING: Every person who signs this petition with any other than'his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or • she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement,shall be guilty of a misdemeanor. The undersigned have read the above petition and consent to the filing of this petition. (Names of petitioners should be In identical form as the same that appear on record in the chain of title to the real estate.) `No. i E r :.,y - /��o ��a�.. at>:r��plrs A �' is.23q /36 ftii 1. /i/3/ 07fLoFEP'TliJD u(.a.r w 2. / /o7 A-k-j (A,),-01(.0 t"2. (t SC- l (�-�-- ,�/.�1b - -)—_ J� 1 :_ 522 s6- 3. 4. 9/3/6'7 -1-k -- ---7V:-/- ---gr gav-ro ) 04--41•-f 3... g..5--- a-C./360' I v S C?---'' w " 3,==.7 9-53-"' 011 0 • 5. --f- -- -- A ( -si e s (.5-3 ,cam PZS9. /` . , c 9 --3.,2 S . -0,5 O . ,,,( i 37/1 /5 3/.4 /Z 5E 6. V,34 2 /14 - 3ot,A /un di e_c- /er r kti , (J4 9To55 3.;2 t,5---�0-0330 ' t- 'll S� iv] ' •(- t(f'r.0a Pm�h1Vf ��� �� 3vZ95 90-�?60 ! / ' \i O c3 tc R . 8. 0(3)0 - -vor,v it1- (6aszl Mecryv,- M \-11 off' .3.: ",_5-7 -0.;-.349 9. q73/07 67 Q ---T:1\64,1,-rt /5Z-ZS LSE 137 (4PL 8177; A . r �v�,s- 3,2,s�e-07f0 10. --&- -- tt,,, - i37Zz 1S , NO PL S6= v1Aq _ 111 . Page 2 of 2 Liberty Annexation, continued '`' WARNING: Every person who signs this petition with any other than his or her true name, or who knowingly signs more titan one of these petitions; or-signs a petition seeking an election when he or 11111 she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. The undersigned have read the above petition and consent to the filing of this petition. (Names of petitioners should be in Identical form as the same that appear on record-in-tire-chain-of-titleto thereat estate.) i`: ,�. v� x. � :a ,:�f''r�_ 449 Ss 0 :.ii _ t3 s ... ....is ,-:::-;',1;.'_n:11 .r„,... ,_.. _ .. .. ?:..)_:,. ,: ...,... r... ..:c.,.. lsti,%:,-;• .- .... - No...,Q1`�Ot_fir. r; 1. q'-30-EP i`''i--I ` �`=-.�--- G5-3Go 5 e 13o RIK Toiv7 H(Iywlir 14-611 PN Kt gear' 3G29 (7 0550 ' 2. � ,��� - ,_ani - - /5 •3�I - - (3-7-'64-e 0,-J /4 g4 q 3A295-g0-0300 3. 8'_._ 0 ,o,Th_cpei,et 5Aato.e ._ i 531 St✓ /37 1 �- /I* 13 Z4 -IS.� PI.SE 4. rap '0- c2: )'-- �--SA.v -- R # �� t,n-LA 53,r '7c.S_ • s. - 0 - g o(t`S `c" GY�f�,J 1�G z` r S � tic( P6- 6. ( /30�0 ." 5c9(2i5 Zik‘ trict,v SE ak i pe S9 ,_.. . .?,..5—q a-623-7a 7. 10103 Il,n 4 \KAA ivy rsue )?,Q nktn ` 3AB'.-9& 0130 X071 - c1CZ 'J P c y,D /3 3�' L "C-r-----8. 7J (rCr49f3 rf2'7 aid r i S sC SGT - 9. 6./. /,.,,, --- --� - ' '� '� ' 7�Aa v ( !�`�zi� - -0-- ,;,2-, are a � C ..� i% :3 1lv 157'' LCE 10. Pa-C(1 /1 P24.0i i 3 7 z{ol-0 VA q g 0SpB -'9S 9 III. Page 2 of 2 Liberty Annexation,continued WARNING: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or • she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement,shall be guilty of a misdemeanor. The undersigned have read the above petition and consent to the filing of this petition. (Names of petitioners should be In identical form as the same that appear on record in the chain of title to the real estate,) 1040#10 .. .. ......:.. ...: •-.,� '� . • :. •net .. -..nn ' �1�- .� .��� `� , �� Address ftitit,�1oc,��lat,�,s��sor- w?' E . .. No:orother 1. 1 al r I 3„295-,0/f�G 2. 3. 4. • 5. 6. 7. 8. 9. 10. • Page 2 of 2 . , ........... --- . • _. morigim 1111111 , --) I 1 I--- 1 I (71- > ,.. ..„ 3,. . 1 I 'c\,1-,-: — 411- • .....-1::: --1..:-.... ' -0 - • I 1 .---- ‘ . IL: , i 1111W i 1•,,', cf) , - ,....-",..y,... , S....- -------....-- 1 I 77; -'—'1i .. ' SE 134th --51t 1 , 77:" 1.• CD, [-y---i i. 1 T-T-1-1------ 1 , op tr --s-t---) ---. ,,.., . ...Li i , — 4 4 I......I_ .1 - \<K.,/ .7 11- II 111 -- .7.. -'4.-....•- 1 .,-- --I I Ii , . .------1 I— .._ —1M...._ sII•< I f)I 11 i —. I "1 i -SE 136th .:Eit. ----.1 t, 1 LI ut--,4,ei. r .1. ........, , `‘ , 1 -r---.1 i.------- i_ 114.t ._. _ T.:: ,,_... 1 , , 1371:h Pl. ••••• 1.J. ..11.., L__L• iii 1 r -- --i'T 1.1 - ,'LLJ - 1 1 -- ! tI I [ Park _......, il i , ,VIL•41,-rit I -- -....1_17.p':—.. ,,,•-.-i.-17.!-,-- ---: -ilevi -----' 1 -- _..... ft.,-..,...- .1 I--.-- ---t-.4 4-4-7. 77.11- --- 4 _>/".. a.-- __II ...,...i.,-...-4.\r• ,. ,.. .n...._ I 1 1 I :=1---f--1.1---- -----n _ ,, 1 y-- __:.:--= / , -A,_.}... , ; ,,,,:„., -,-..,, / „ -..i 1 -I I 1 ,_,E. ',--'1"1.121,-. ,'' t . 31, , [ [ 11 [ [Lainii.,L., 1._ 1...,J . c.r) $]. 11 jeii) ill 1 1 , tftl'ir , 1. ,4.,•02•4; . i ‘", 4 I ' 1 , ,....____1,..4_ .0700)0 5E1 I 'OTIF-,1,, 1,1 1 III .,: Lt...i 1---7-1-TFT-- . -------(—ill -iii....i444-,--;..0,-,-- - --7- 1 i I [---0.. : ,f I. -44?:;:- ------ -PT i t / t 1 r1 ,C)1-(11 LLL (D.' > [ . c- I. , [. Li 1 ..._.Ni.- --,-( '1. [ t:f • ......., Liberty H.S. 2.) ...,,, 4co i ,--s,L 1,41tli (20 :c\' . \ - 1 -.) ,71--"' Or , Net44 -- -1, I i ti • ; i 1 : '---21"--- •••• -•---1-..zh'tti---.1P1--: -1,- • ..-) ; ...4_, , ...„,_ C,J — 'I- -\ \ I. I in .i....._ _______i I (SD {. III T-L-:.L..., . Park . •i .„,_.. t - i 1 —1--- , . (......,_ .._ o„.. .._.1.. ... L,,E,_-. , ct i. 1 . .,L. I 1 -14i2nc: .J . ... e... I 1 ,...._ , 190\ \ i Hi ! I 1 I I I_ • (--7-1 ---7—i — -5A,,---\b, _. . 1 i ____[ I t 1 /,./ ,... 1-1--) •---1,..JE , l I I \t2,\\ '>------'- - ... -1., .......) .47T II Icf),.. --1 -I-- S - 43rd .. , . . . ..,.... . .. . ----l' :". ..- E-:-c?1.-413rd7-1,1., I • • ---T-1-777-1-T-7c-- .-=,____ ,, ,._ .....- 1,, , 1.. .,.. _ ,....I _ ___ _ 1 ‘(- ' . • , ,. ,.\\.., •J 1 r........_ k 144th iSt. { Fri ' 1- ! 1 i i . ...._ .. y. __, ,t.,Th.„._[)1.1..._..1.1...:..., ..,,,._ ...,1, ..1...ri, ........ifs.i --1---' '."--c PI ill i-+-I'. ...-.... I -I i \I_i ./ /41 -1-I' .---------7-"--1-7.—r— I ' , ,_,.) - 11/1-,)ti-lii , , , ...... . . . - 00 ' 1200 i Liberty Annexation t .....ezzonis i t Exhibit .1 1_,1 Annexation Boundary 1. : 7200 0)1 „ .-.....0. Ec„„,,,,iDevooninent,Noighborhonds&Strategic Planning ' •,.,P. + Alc..k,•ult,Actmtlmortont "" ."`"'' Urban Growthoundary — City Limits )1 :-:" .,:,,, c..t. .11!;;-7. . 0 III ..., • LIBERTY ANNEXATION LEGAL DESCRIPTION That portion of the Southwest quarter and the Northeast quarter and the Southeast quarter of Section 14, Township 23 North, Range 5 East, W.M., and that portion of the Southwest quarter of Section 13, Township 23 North, Range 5 East, W.M., and that portion of the Northeast quarter of Section 23, Township 23 North, Range 5 East, W.M., in King County, Washington, described as follows: Beginning at the Southwest corner of the Northeast quarter of said Section 14; Thence east along the south line of said Northeast quarter to the intersection with the southerly extension of the west line of Block 2 of Janett's Renton Boulevard Tracts as per plat filed in Volume 17 of Plats, Page 60, records of King County, Washington. thence north along said west line to the intersection with the north line of the south 130 feet of Lot 5 of said Block 2; thence east along said north line to the intersection with the east line of said Block 2; thence north along said east line to the intersection with the westerly extension of the north line of Southeast 132nd Place as dedicated for the subdivision of . Weglin's First Addition as per plat filed in Volume 68 of Plats, Page 6, records of King County, Washington; thence east along said north line and its easterly projection to the intersection with the west line of Block 2 of Cedar Park Five Acre Tracts as per plat filed in Volume 15 of Plats, Page 91, records of King County, Washington; thence south along said west line to the beginning of a curve located at the southwest corner of Lot 1, Block 2 of the subdivision of Derry Hurst as dedicated per plat filed in Volume 66 of Plats, Page 74, records of King County, Washington; thence along said curve to the north margin of Southeast 136th Street as dedicated by said subdivision of Derry Hurst; thence along said north margin of Southeast 136th Street to the Southwest corner of Block 1 of said Subdivision of Cedar River Five Acre Tracts; thence east along the south line of said Block 1 and its easterly projection to the intersection of the east line of said Section 14; thence south along said east line to its intersection with the south line of the north 30 feet of said Section 23 also being the south margin of Southeast 144th Street; thence along said south margin to an angle point in said margin as dedicated for the subdivision of Briarwood South No. 4 as per plat filed in Volume 91 of Plats, Page 74, records of King County, Washington; thence along said margin to the intersection with the southerly extension of the east line of Block 3 of said Cedar River Five Acre Tracts; thence north along said east line to the north line of Lot 7 of said Block 3; • • thence west along said north line to the west line of said Block 3; thence south along said west line to the intersection of the easterly extension of • the north line of Carolwood as per plat filed in Volume 111 of Plats, Pages 99 to 100, records of King County, Washington; thence west along said north line and its westerly projection to the intersection with the west line of the Southeast quarter of said Section 14; thence north along said west line to the point of beginning. TOGETHER WITH the east 30 feet of the Southwest quarter of said Section 14, lying northerly of the westerly projection of the north line of Carolwood as per plat filed in Volume 111 of Plats, Pages 99 to 100, records of King County, Washington ALSO TOGETHER WITH thatp ortion of 164th Avenue Southeast dedicated for the subdivision of Serena Park as per plat filed in Volume 124 of Plats, Pages 72 to 73, records of King County, Washington. All situate in King County, Washington. ,dpi ,1,0 H � W CENTS ~!v`(, N a s4,/!:1490 � %. ' Cdrisittirikk.Inc.PS .1 . 202 Railroad Avenue North J, 9 36965 O �� Kent, WA 98032 sfoygt I S�AN� 253-813-1901 Phone 253-813-1908 Fax r�l`exaiaes5-23-2610 77 • • • Return Address: City Clerk's Office 11111111'1111 11111111111 City of Renton 1055 South Grady Way Renton, WA 98055 �� 6 ,600 20060 36.00 CITY OF RENTON 68 PAGE001 OF 005 KING6COUNTY14WA$ DECLARATION OF COVENANT AND Property Tax Parcel Number: 1423059058 ANNEXATION AGREEMENT NEW DEVELOPMENT Street Intersection or Project Name:Nichols Place Grantor(s): Grantee(s): I. Sound Built Homes. Inc 1. City of Renton. a Municipal Corporation The Agreement executed herein between the City of Renton,Washington,a municipal corporation,hereinafter referred to as "CITY"and the Grantor(s),as namcd above and/or successors in interest of certain property,hereinafter referred to as "OWNER",is for and in consideration of the furnishing of utility service by the CITY to certain property of the OWNER hereinafter referred to as"PROPERTY". The OWNER does hereby petition for annexation of the PROPERTY to the CITY, does hereby agree to the conditions of annexation herein,and does hereby declare this covenant. ACKNOWLEDGEMENTS AND REPRESENTATIONS The Grantor docs hereby acknowledge and agree as follows; • 1.1. The OWNER is the owner of certain PROPERTY,which is located outside the corporate limits of the CITY. 1.2. The OWNER is seeking Preliminary Plat approval from King County for the PROPERTY. 1.3. The OWNER has requested the CITY to furnish sewer service to the PROPERTY. 1.4. This Agreement to extend sewer service outside the corporate limits of the CITY is authorized by RCW 35.67.310 and RCW 35.92.170 and shall not be construed as a voluntary agreement pursuant to RCW 82.02.020 and therefore the provisions of RCW 82.02.020 shall not be applied hereto. 1.5. This Agreement does not preclude any evaluation and determination by the CITY that later development actions or proposals undertaken by the OWNER may require a determination of significance and environmental review under SEPA. 1.6. Per Renton Municipal Code Section 4-6-040,the owner of property in Renton's Potential Annexation Arca shall execute a commitment to future annexation and compliance with certain other conditions as a prerequisite for the extension of or connection to the City's sanitary sewer system outside of the City Limits. 1.7. A CITY'S requirement of an annexation agreement or a commitment to future annexation as a condition of extending utility service outside the corporate limits of the CITY is recognized by Washington law. 1.8. The PROPERTY is located within the CITY'S POTENTIAL ANNEXATION AREA or URBAN SERVICE AREA for annexation purposes as adopted by the CITY in its Comprehensive Plan pursuant to the King County Countywide Planning Policies. tom',- 70 4111 • • DECLARATION OF COVENANT AND Property Tax Parcel Number: : 1423059058 ANNEXATION AGREEMENT NEW DEVELOPMENT Street Intersection or Project Name: Nichols Place 1.9. It is the interest of the citizens ofthe CITY to insure that all public improvements that are or could be constructed within the corporate limits of the CITY or will be ultimately annexed into the CITY arc constructed in accordance with CITY construction standards. 1.10. The OWNER'S request for the extension of utility services was duly considered by the CITY,and it was determined that the furnishing of sewer service to the PROPERTY would be proper upon the fulfilling of all conditions herein. 1.1 1_ The OWNER docs hereby acknowledge that in the event of violation or breech of the terms of this PETITON,AGREEMENT AND COVENANT,or upon the invalidation of this PETITON,AGREEMENT AND COVENANT by judicial action,operation of law or otherwise,the CITY reserves the right at its sole discretion to immediately terminate the provision of utility service to the PROPERTY and in such case the OWNER agrees to indemnify and hold the CITY harmless from any and all claims of any party. 2. PROPERTY DESCRIPTION The PROPERTY is hereby described as follows:Lots 1-23,inclusive,of Nichols Place plat,according to plat recorded November 7,2005 under recording number 20051107002032,in King County,Washington. The PROPERTY is legally described in Attachment A,attached hereto and incorporated by reference as if set forth in full. The OWNER warrants that Attachment A is correct as fully describing subject PROPERTY. 3. PETITION AND COVENANT FOR ANNEXATION • The OWNER, in consideration of the CITY'S agreement to provide utility service to the PROPERTY,does hereby petition,agree and covenant as follows: 3.1 The OWNER does hereby agree,promise and covenant that if at any time the PROPERTY is included within any area which is being considered for annexation to the CITY,said OWNER does join in said annexation. 3.2 The OWNER agrees to execute all necessary documents such as letters,notices,petitions or other instruments initiating,furthering or accomplishing the annexation of the PROPERTY to the CITY,whether or not the annexation involves the assumption by the area to be annexed of existing CITY indebtedness,the application to the area to be annexed of the CITY Comprehensive Plan and land use controls,and such other conditions as the CITY may lawfully impose. The OWNER,for him'her/themselves and for his/her/their heirs,successors and assigns,agrees and covenants with the CITY,and to the present and future owners of the PROPERTY to which this covenant relates,that such agreement is to constitute a covenant running with the land,that he/she/they shall, whenever so requested,execute such letters,notices,petitions or other instruments. OWNER understands that the CITY will record this document and the OWNER agrees to specifically advise future interests in the property. covnt annex new dcvcl 2005 City of Renton105/l 8/06 Page 2 FORM 03 0008/bId • • DECLARATION OF COVENANT AND Property Tax Parcel Number: : 1423059058 ANNEXATION AGREEMENT NEW DEVELOPMENT Street Intersection or Project Name:Nichols Place 3.3 The OWNER recognizes that the laws of the State of Washington relating to the annexation of property by a city provides that property may be annexed to a city if property owners sign a petition for such an annexation. The OWNER recognized and agrees that by signing this Agreement,the PROPERTY of the OWNER will automatically be included as a property to be annexed in the event PROPERTY is within a proposed annexation arca. The OWNER further recognizes that there are other methods of annexation allowed under the laws of the State of Washington, including the election method. 3.4 The OWNER understands that the OWNER'S signatures on this Agreement is an admission that the OWNER understands the certain rights which the OWNER has regarding the PROPERTY and that the OWNER is willingly waiving such rights in consideration of receiving the described utility services. 3.5 The undersigned OWNER of the PROPERTY,on behalf of himself/hersclOthemselvcs,his/her/their heirs,successors and assigns,hereby designate(s)the CITY as OWNER'S true and lawful attorney-in-fact for the purpose of signing any petition leading to the annexation of said PROPERTY to the CITY,with full power to do and perform any proper act which the OWNER may do with respect to the annexation of said real property. The CITY may exercise this power through its City Clerk or otherwise as the CITY COUNCIL may direct This Special Power of Attorney is given for the valuable consideration of the furnishing of sewer service by the CITY, and this Special Power of Attorney is further given as security for performance of the annexation covenant • obligation set forth herein. This Special Power of Attorney is not revocable and shall not be affected by the disability of the principal. 4. AGREEMENT AND COVENENT OF CONDITIONS AND MITIGATION MEASURES The OWNER acknowledges that the CITY has a desire to have certain minimum development standards met for new developments in the CITY's Potential Annexation Area. The OWNER,in consideration of the CITY's agreement to provide sanitary sewer utility service to the PROPERTY and in recognition of the CITY's conditions for annexation of the PROPERTY,does hereby agree and covenant to submit their development plans to the CITY for review and approval prior to official submittal to King County. Except as may be waived by the CITY's Public Works Administrator or his/her designee,the minimum design standards that will be required are: 4.1 The OWNER shall provide record drawings of all of the constructed Public Work's facilities for the CITY's records. II/ covet annex new devel 2005 City of Rcnton105/18/06 Page 3 FORM 03 0008/bh/ • DECLARATION OF COVENANT AND Property Tax Parcel Number: 1423059058 ANNEXATION AGREEMENT • NEW DEVELOPMENT Street Intersection or Project Name:Nichols Place 5. GENERAL PROVISIONS The OWNER and the CITY do hereby acknowledge and agree to the following provisions,which apply to the entire Agreement herein. 5.1 The OWNER agrees that all future land use and development on the PROPERTY will meet all land use and development standards of the CITY. In the event of a conflict between CITY standards and any applicable County standards,the more restrictive standards as determined by the CITY shall apply. 5.2 No modifications of this Agreement shall be made unless mutually agreed upon by the parties in writing. 5.3 Nothing in this agreement shall be construed to create any financial obligation on the part of the CITY with regard to annexation,construction of utilities and appurtenances,or any other matter. The OWNER and the CITY hereby acknowledged that it is the OWNER's responsibility to finance the design and construction of utility facilities needed to serve OWNER's property consistent with the CITY plans and specifications,unless otherwise agreed by the CITY. 5.4 The terms and provisions of this PETITION,AGREEMENT AND COVENANT shall insure to the benefit and become binding upon the heirs,assigns and/or successors in interest of the parties hereto. The OWNER agrees to indemnify and hold the CITY harmless from any claims any subsequent purchaser may have as a result of this Agreement,including CITY'S attorney fees and costs. 5.5 Any notice or demand required or permitted to be given under this Agreement shall be sufficient if given • in writing and sent by registered or certified mail,return receipt requested,to the address of the parties set forth below. Any notice shall be deemed to have been given on the date it is deposited in the U.S.Postal Service mail with postage prepaid. 5.6 If for any reason of any default or breach on the part of either the OWNER or the CITY in the performance of any of the provision of this Agreement a legal action is instituted,the party not prevailing agrees to pay all reasonable costs and attorney fees and costs in connection therewith. It is hereby agreed that the venue of any legal action brought under the terms of this Agreement shall be King County,Washington. This Agreement shall be governed by the applicable laws,rules,and regulations of the State of Washington and the CITY. 5.7 In the event that any term,provision,condition,clause or other portion of this Agreement be held to be inoperative,invalid,void,or in conflict with applicable provision,condition,clause or other portion of this Agreement,and the remainder of this Agreement shall be effective as if such term,provision,condition or other portion had not been contained herein,and to this end,the terms of this Agreement are declared by the parties to be severable. 5.8 Upon execution,the CITY will record these covenants with the King County Recorder's Office. covnt annex new devel 2005 City of Renton\05/18/06 Page 4 FORM 03 0008/bh/ • S DECLARATION OF COVENANT AND Property Tax Parcel Number: : 1423059058 ANNEXATION AGREEMENT NEW DEVELOPMENT Street Intersection or Project Name:Nichols Place IN WITNESS WHEREOF,I have hereunto set my hand and seal the day and year as written below. Grantor Signature(s) INDIVIDUAL FORM OF.4CA,VOJPLEDGJIE.VT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instalment. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: DECLARATION OF COVENANT AND Property Tax Parcel Number: 1423059058 • ANNEXATION AGREEMENT Project File#: KC#L03P0015 Street Intersection or Project Name:Nichols Place IN WITNESS WI-IEREOF,I have-hereunto set my hand and seal the day and year as written below. COR POR- TF FORM OFACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY CE.X.ING ). �/ On this � --day of Mu ,20( X(2,before me personally appeared M. "it'Ai'',, Gc ��, to me known to 4i �A; •--.• , be f�=, ,�• er'l - of the corporation that • t•------ _ `f" executed the within instrument,and acknowledge the said instrument to be the free C,:)TA and voluntary act and deed of said corporation,for the uses and purposes therein ! mentioned,and each on oath stated that he/she was authorized to execute said F,Ipt`; ins ent and th t the seal affixed{s the corporate seal of said corporation. 'd - (2.A/6.( otary blic in And for the S4se of Washington ,,,..:.., Notary rint) 12gc'/ c- pi 1 ` i f� My appoin ent ex Cres: 6/// /C'/, Dated: 5 0(0 covnt annex new devel 2005 City of Renton105/t 8/06 Page 5 FORM 03 0008/bh/ Return Address: 111111111 City Clerk's Office 111 II City of Renton 1055 South Grady Way 2005102100157 Renton. WA 98055 CITY OF RENTON AG 36.00 PAGE001 OF 005 5 KINGICOUNTY, UA1 DECLARATION OF COVENANT AND Property Tax Parcel Number: 2407900010 through ANNEXATION AGREEMENT 2407900700 NEW DEVELOPMENT Street Intersection or Project Name:Evcndell Grantor(s): Grantee(s): 1. SBI DEVELOPING, LLC 1. City of Renton, a Municipal Corporation The Agreement executed herein between the City of Renton,Washington,a municipal corporation,hereinafter referred to as "CITY"and the Grantor(s),as named above and/or successors in interest of certain property,hereinafter referred to as "OWNER",is for and in consideration of the furnishing of utility service by the CITY to certain property of the OWNER hereinafter referred to as"PROPERTY". The OWNER does hereby petition for annexation of the PROPERTY to the CITY, does hereby agree to the conditions of annexation herein,and does hereby declare this covenant. 1. ACKNOWLEDGEMENTS AND REPRESENTATIONS The Grantor does hereby acknowledge and agree as follows: 1.1. The OWNER is the owner of certain PROPERTY,which is located outside the corporate limits of the • CITY. 1.2. The OWNER is seeking Preliminary Plat approval from King County for the PROPERTY. 1.3. The OWNER has requested the CITY to furnish sewer service to the PROPERTY. 1.4. This Agreement to extend sewer service outside the corporate limits of the CITY is authorized by RCW 35.67.310 and RCW 35.92.170 and shall not be construed as a voluntary agreement pursuant to RCW 82.02.020 and therefore the provisions of RCW 82.02.020 shall not be applied hereto. 1.5. This Agreement does not preclude any evaluation and determination by the CITY that later development actions or proposals undertaken by the OWNER may require a determination of significance and environmental review under SEPA. 1.6. Per Renton Municipal Code Section 4-6-040,the owner of property in Rcnton's Potential Annexation Arca shall execute a commitment to future annexation and compliance with certain other conditions as a prerequisite for the extension of or connection to the City's sanitary sewer system outside of the City Limits. 1.7. A CITY'S requirement of an annexation agreement or a commitment to future annexation as a condition of extending utility service outside the corporate limits of the CITY is recognized by Washington law. 1.8. The PROPERTY is located within the CITY'S POTENTIAL ANNEXATION AREA or URBAN SERVICE AREA for annexation purposes as adopted by the CITY in its Comprehensive Plan pursuant to the King County Countywide Planning Policies. • • DECLARATION OF COVENANT AND Property Tax Parcel Number: : 2407900010 through P _ g ANNEXATION AGREEMENT 2407900700 NEW DEVELOPMENT Street Intersection or Project Name:Evendell 1.9. h is the interest of the citizens of the CITY to insure that all public improvements that are or could be constructed within the corporate limits of the CITY or will be ultimately annexed into the CITY are constructed in accordance with CITY construction standards. 1.10. The OWNER'S request for the extension of utility services was duly considered by the CITY,and it was determined that the furnishing of sewer service to the PROPERTY would be proper upon the fulfilling of all conditions herein. 1_I I. The OWNER does hereby acknowledge that in the event of violation or breech of the terms of this PETITON,AGREEMENT AND COVENANT,or upon the invalidation of this PETITON,AGREEMENT AND COVENANT by judicial action,operation of law or otherwise,the CITY reserves the right at its sole discretion to immediately terminate the provision of utility service to the PROPERTY and in such case the OWNER agrees to indemnify and hold the CITY harmless from any and all claims of any party. 2. PROPERTY DESCRIPTION The PROPERTY is hereby described as follows: Lots 1-70,inclusive,of Evendell plat,according to plat recorded July 26,2005 under recording number 20050726000751,in King Washington. The PROPERTY is legally described in Attachment A,attached hereto and incorporated by reference as if set forth in full. The OWNER warrants that Attachment A is correct as fully describing subject PROPERTY. • 3. PETITION AND COVENANT FOR ANNEXATION The OWNER,in consideration of the CITY'S agreement to provide utility service to the PROPERTY,docs hereby petition,agree and covenant as follows: 3.1 The OWNER does hereby agree,promise and covenant that if at any time the PROPERTY is included within any arca which is being considered for annexation to the CITY,said OWNER does join in said annexation. 3.2 The OWNER agrees to execute all necessary documents such as letters,notices,petitions or other instruments initiating,furthering or accomplishing the annexation of the PROPERTY to the CITY,whether or not the annexation involves the assumption by the area to be annexed of existing CITY indebtedness,the application to the area to be annexed of the CITY Comprehensive Plan and land use controls,and such other conditions as the CITY may lawfully impose. The OWNER,for him/her/themselves and for his/her/their heirs,successors and assigns,agrees and covenants with the CITY,and to the present and future owners of the PROPERTY to which this covenant relates,that such agreement is to constitute a covenant running with the land,that he/she/they shall, whenever so requested,execute such letters,notices,petitions or other instruments. OWNER understands that the CITY will record this document and the OWNER agrees to specifically advise future interests in the property. covnt annex new devel 2004 City of Renton\08/16/05 Page 2 FORM 03 0008/bh/ • • DECLARATION OF COVENANT AND Property Tax Parcel Number: : 2407900010 through ANNEXATION AGREEMENT 2407900700 NEW DEVELOPMENT Street Intersection or Project Name:Evendell 3.3 The OWNER recognizes that the laws ofthe State of Washington relating to the annexation of property by a city provides that property may be annexed to a city if property owners sign a petition for such an annexation. The OWNER recognized and agrees that by signing this Agreement,the PROPERTY of the OWNER will automatically be included as a property to be annexed in the event PROPERTY is within a proposed annexation area.The OWNER further recognizes that there are other methods of annexation allowed under the laws of the State of Washington. including the election method. 3.4 The OWNER understands that the OWNER'S signatures on this Agreement is an admission that the OWNER understands the certain rights which the OWNER has regarding the PROPERTY and that the OWNER is willingly waiving such rights in consideration of receiving the described utility services. 3.5 The undersigned OWNER of the PROPERTY,on behalf of hirnsclUherselfithemselves,his/her/their heirs,successors and assigns,hereby designate(s)the CITY as OWNER'S true and lawful anomey-in-fact for the purpose of signing any petition leading to the annexation of said PROPERTY to the CITY,with full power to do and perform any proper act which the OWNER may do with respect to the annexation of said real property. The CITY may exercise this power through its City Clerk or otherwise as the CITY COUNCIL may direct. This Special Power of Attorney is given for the valuable consideration of the furnishing of sewer service by the CITY, and this Special Power of Attorney is further given as security for performance of the annexation covenant 410 obligation set forth herein. This Special Power of Attorney is not revocable and shall not be affected by the disability of the principal. 4. AGREEMENT AND COVENENT OF CONDITIONS AND MITIGATION MEASURES The OWNER acknowledges that the CITY has a desire to have certain minimum development standards met for new developments in the CITY's Potential Annexation Arca. The OWNER,in consideration of the CITY's agreement to provide sanitary sewer utility service to the PROPERTY and in recognition of the CITY's conditions for annexation of the PROPERTY,does hereby agree and covenant to submit their development plans to the CITY for review and approval prior to official submittal to King County. Except as may be waived by the CITY's Public Works Administrator or his/her designee,the minimum design standards that will be required arc: 4.1 The OWNER shall provide record drawings of all of the constructed Public Work's facilities for the CITY's records. covnt annex new devel 2004 City of Rcnton\08/16/05 Page 3 FORM 03 0008/bh' • • DECLARATION OF COVENANT AND Property Tax Parcel Number::2407900010 through ANNEXATION AGREEMENT 2407900700 NEW DEVELOPMENT Street Intersection or Project Name:Evcndell 5. GENERAL PROVISIONS The OWNER and the CITY do hereby acknowledge and agree to the following provisions,which apply to the entire Agreement herein. 5.1 The OWNER agrees that all future land use and development on the PROPERTY will meet all land use and development standards of the CITY. In the event of a conflict between CITY standards and any applicable County standards,the more restrictive standards as determined by the CITY shall apply. 5.2 No modifications of this Agreement shall be made unless mutually agreed upon by the parties in writing. 5.3 Nothing in this agreement shall be construed to create any financial obligation on the part of the CITY with regard to annexation,construction of utilities and appurtenances,or any other matter. The OWNER and the CITY hereby acknowledged that it is the OWNER's responsibility to finance the design and construction of utility facilities needed to serve OWNER's property consistent with the CITY plans and specifications,unless otherwise agreed by the CITY. 5.4 The terms and provisions of this PETITION,AGREEMENT AND COVENANT shall insure to the benefit and become binding upon the heirs,assigns and/or successors in interest of the parties hereto. The OWNER agrees to indemnify and hold the CITY harmless from any claims any subsequent purchaser may have as a result of this Agreement,including CITY'S attorney fees and costs. • 5.5 Any notice or demand required or permitted to be given under this Agreement shall be sufficient if given in writing and sent by registered or certified mail,return receipt requested,to the address of the parties set forth below. Any notice shall be deemed to have been given on the date it is deposited in the U.S.Postal Service mail with postage prepaid. 5.6 If for any reason of any default or breach on the part of either the OWNER or the CITY in the performance of any of the provision of this Agreement a legal action is instituted,the party not prevailing agrees to pay all reasonable costs and attorney fees and costs in connection therewith. It is hereby agreed that the venue of any legal action brought under the terms of this Agreement shall be King County,Washington. This Agreement shall be governed by the applicable laws,rules,and regulations of the State of Washington and the CITY. 5.7 In the event that any term,provision,condition,clause or other portion of this Agreement be held to be inoperative,invalid,void,or in conflict with applicable provision,condition,clause or other portion of this Agreement,and the remainder of this Agreement shall be effective as if such term,provision,condition or other portion had not been contained herein,and to this end,the terms of this Agreement arc declared by the parties to be severable. 5.8 Upon execution,the CITY will record these covenants with the King County Recorder's Office. covnt annex new devel 2004 City of Renton108/16/05 Page 4 FORM 03 0008/bh/ 410 • DECLARATION OF COVENANT AND Property Tax Parcel Number: : 2407900010 through ANNEXATION AGREEMENT 2407900700 NEW DEVELOPMENT Street Intersection or Project Name:Evendell IN WITNESS WHEREOF,I have hereunto set my hand and seal the day and year as written below. Grantor Signature(s) INDIVIDUAL FORM OF.4 CKNOWLEDGtJErVT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: I DECLARATION OF COVENANT AND Property Tax Parcel Number: : 2407900010 through ANNEXATION AGREEMENT 2407900700 • Project File#: KC#L01 P0016 Street Intersection or Project Name:Evendell IN WITNESS WHEREOF,I have ereunto set my hand and seal the day and year as written below. CORPORATE FORM OF ACKNOWLEDGMENT Nota Seal must& tithin box STATE OF WASHINGTON )ss a / COUNTY OF,I4-1+46 1';!•t 'r`) 0 On this - 1 `day of . N ,20•'-` ,before me personally appeared J Z W t �� -^,��� to me known to 03=Y I be \\\. \\\ t-c\\X 'C of the corporation that O.(Aj ED. executed the within instrument,and acknowledge the said instrument to be the free 8 and voluntary act and deed of said corporation,for the uses and purposes therein Qz c ` mentioned,and each on oath stated that he/she was authorized to execute said 1—O 2 E t instrument and that the seal affixed is the corporate seal of said corporation. c Notary Public in and for the State of Washington.. Notary(Print) =`t,_ ...�_ • - My appointment expires: ! _��_ :.a Th• ;;k: -c L- Dated: t , %)c'('_ : covnt annex new devel 2004 City of Renton\08/16/05 Page 5 FORM 03 0008/bh/ • - 11101131H 1110 Otr Return Address: City Clerof Office f � o City of R20040729000541 1055 South Grady Way CITY OF RENTON COV 23.00 PAGE001 OF 005 Renton,WA 98055 07/29/2004Y081:54 DECLARATION OF COVENANT AND Property Tax Parcel Number: ANNEXATION AGREEMENT 3E6 4/c0--O/C/0 NEW DEVELOPMENT Street Intersection or Project Name: i'lM��1/t/P��e" Grantor(s): Grantee(s): �T 1. /16s- 66v6.7,06))/e /6`/��/2, Di d I. City of Renton, a Municipal Corporation The Agreement executed herein betweentheCity of Renton,Washington,a municipal corporation,hereinafter referred to as`CITY"and the Grantor(s),as named above and/or successors in interest of certain property,hereinafter referred to as "OWNER",is for and in consideration of the furnishing of utility service by the CITY to certain property of the OWNER hereinafter referred to as"PROPERTY". The OWNER does hereby petition for annexation of the PROPERTY to the CITY,does hereby agree to the conditions of annexation herein,and does hereby declare this covenant. 1. ACKNOWLEDGEMENTS AND REPRESENTATIONS The Grantor does hereby acknowledge and agree as follows: • 1.1. The OWNER is the owner of certain PROPERTY,which is located outside the corporate limits of the CITY 1.2. The OWNER is seeking Preliminary Plat approval from King County for the PROPERTY. 1.3. The OWNER has requested the CITY to furnish sewer service to the PROPERTY. 1.4. This Agreement to extend sewer service outside the corporate limits of the CITY is authorized by RCW 35.67.310 and RCW 35.92.170 and shall not be construed as a voluntary agreement pursuant to RCW 82.02.020 and therefore the provisions of RCW 82.02.020 shall not be applied hereto. 1.5. This Agreement does not preclude any evaluation and determination by the CITY that later development actions or proposals undertaken by the OWNER may require a determination of significance and environmental review under SEPA. 1 6. Per Renton Municipal Code Section 4-6-040,the owner of property in Renton's Potential Annexation Area shall execute a commitment to future annexation and compliance with certain other conditions as a prerequisite for the extension of or connection to the City's sanitary sewer system outside of the City Limits. 1.7. A CITY'S requirement of an annexation agreement or a commitment to future annexation as a condition of extending utility service outside the corporate limits of the CITY is recognized by Washington law. 1.8. The PROPERTY is located within the CITY'S POTENTIAL ANNEXATION AREA or URBAN SERVICE AREA for annexation purposes as adopted by the CITY in its Comprehensive Plan pursuant to the King County Countywide Planning Policies. �. r - • • DECLARATION OF COVENANT AND Property Tax Parcel Number: ANNEXATION AGREEMENT 2Co‹,57) -0100 NEW DEVELOPMENT Street Intersection or Proj t Name: i2/04✓ /1f1Ce- 1.9. It is the interest of the citizens of the CITY to insure that all public improvements that are or could be constructed within the corporate limits of the CITY or will be ultimately annexed into the CITY are constructed in accordance with CITY construction standards. 1.10. The OWNER'S request for the extension of utility services was duly considered by the CITY,and it was determined that the furnishing of sewer service to the PROPERTY would be proper upon the fttllilling of all conditions herein. 1.11. The OWNER does hereby acknowledge that in the event of violation or breech of the terms of this PETTfON,AGREEMENT AND COVENANT,or upon the invalidation of this PETITON,AGREEMENT AND COVENANT by judicial action,operation of law or otherwise,the CITY reserves the right at its sole discretion to immediately terminate the provision of utility service to the PROPERTY and in such case the OWNER agrees to indemnify and hold the CITY harmless from any and all claims of any party. 2. PROPERTY DESCRIPTION The PROPERTY is hereby described as follows: The PROPERTY is legally described in Attachment A,attached hereto and incorporated by reference as if set forth in full. The OWNER warrants that Attachment A is correct as fully describing subject PROPERTY. 3. PETITION AND COVENANT FOR ANNEXATION The OWNER,in consideration of the CITY'S agreement to provide utility service to the PROPERTY,does • hereby petition,agree and covenant as follows: 3.I The OWNER does hereby agree,promise and covenant that if at any time the PROPERTY is included within any area which is being considered for annexation to the CITY,said OWNER does join in said annexation. 3.2 The OWNER agrees to execute all necessary documents such as letters,notices,petitions or other instruments initiating,furthering or accomplishing the annexation of the PROPERTY to the CITY,whether or not the annexation involves the assumption by the arca to be annexed of existing CITY indebtedness,the application to the area to be annexed of the CITY Comprehensive Plan and land use controls,and such other conditions as the CITY may lawfully impose. The OWNER,for him/her/themselves and for his/her/their heirs, successors and assigns,agrees and covenants with the CITY,and to the present and future owners of the PROPERTY to which this covenant relates,that such agreement is to constitute a covenant running with the land, that he/she/they shall,whenever so requested,execute such letters,notices,petitions or other instruments. OWNER understands that the CITY will record this document and the OWNER agrees to specifically advise future interests in the property. covet annex ocw devel 200410527104 Page 2 FORM 03 000glbht • • DECLARATION OF COVENANT AND Property Tax Parcel Number: ANNEXATION AGREEMENT ySV•-G%DC NEW DEVELOPMENT Street Intersection or Project Name �f1�-ri�lrf�/✓ 3.3 The OWNER recognizes that the laws of the State of Washington relating to the annexation of property by a city provides that property may be annexed to a city if property owners sign a petition for such an annexation. The OWNER recognized and agrees that by signing this Agreement,the PROPERTY of the OWNER will automatically be included as a property to be annexed in the event PROPERTY is within a proposed annexation area. The OWNER further recognizes that there are other methods of annexation allowed under the laws of the Stare of Washington,including the election method. 3.4 The OWNER understands that the OWNER'S signatures on this Agreement is an admission that the OWNER understands the certain rights which the OWNER has regarding the PROPERTY and that the OWNER is willingly waiving such rights in consideration of receiving the described utility services. 15 The undersigned OWNER of the PROPERTY,on behalf of himself/herselUthemselves,his/her/their heirs,successors and assigns,hereby designate(s)the CITY as OWNER'S true and lawful attorney-in-fact for the purpose of signing any petition leading to the annexation of said PROPERTY to the CITY,with full power to do and perform any proper act which the OWNER may do with respect to the annexation of said real property. The CITY may exercise this power through its City Clerk or otherwise as the CITY COUNCIL may direct. This Special Power of Attorney is given for the valuable consideration of the furnishing of sewer service by the CITY, and this Special Power of Attorney is further given as security for performance of the annexation covenant . obligation set forth herein. This Special Power of Attorney is not revocable and shall not be affected by the disability of the principal. 4. AGREEMENT AND COVENENT OF CONDITIONS AND MITIGATION MEASURES The OWNER acknowledges that the CITY has a desire to have certain minimum development standards met for new developments in the CITY's Potential Annexation Area. The OWNER, in consideration of the CITY's agreement to provide sanitary sewer utility service to the PROPERTY and in recognition of the CITY's conditions for annexation of the PROPERTY,does hereby agree and covenant to submit their development plans to the CITY for review and approval prior to official submittal to King County. Except as may be waived by the CITY's Public Works Administrator or his/her designee,the minimum design standards that will be required are: 4.1 For developments with length of streets over 700'(seven hundred feet)there shall be two means of vehicular access. 4.2 Road pavement sections for residential streets shall be 4"(four inch)asphalt concrete pavement over 6" (six inch)crushed rock surfacing. 4.3 The OWNER shall provide record drawings of all of the constructed Public Work's facilities for the CITY's records. • covet annex new devil 2004\05/27/04 Page 3 FORM 03 000gibh/ • DECLARATION OF COVENANT AND Property Tax Parcel umber• ANNEXATION AGREEMENT -c 100 NEW DEVELOPMENT Street Intersection orptplfe2412ct �� ,411C:6- 5. GENERAL PROVISIONS The OWNER and the CITY do hereby acknowledge and agree to the following provisions. which apply to the entire Agreement herein. 5.1 The OWNER agrees that all future land use and development on the PROPERTY will meet all land use and development standards of the CITY. In the event of a conflict between CITY standards and any applicable County standards,the more restrictive standards as determined by the CITY shall apply. 5.2 No modifications of this Agreement shall be made unless mutually agreed upon by the parties in writing. 5.3 Nothing in this agreement shall be construed to create any financial obligation on the part of the CITY with regard to annexation,construction of utilities and appurtenances,or any other matter. The OWNER and the CITY hereby acknowledged that it is the OWNERs responsibility to finance the design and construction of utility facilities needed to serve OWNER's property consistent with the CITY plans and specifications,unless otherwise agreed by the CITY. 5.4 The terms and provisions of this PE 111ION,AGREEMENT AND COVENANT shall insure to the benefit and become binding upon the heirs,assigns and/or successors in interest of the parties hereto. The OWNER agrees to indemnify and hold the CITY harmless from any claims any subsequent purchaser may have as a result of this Agreement,including CITY'S attorney fees and costs. 5.5 Any notice or demand required or permitted to be given under this Agreement shall be sufficient if given in writing and sent by registered or certified mail,return receipt requested,to the address of the parties set forth below. Any notice shall be deemed to have been given on the date it is deposited in the U.S.Postal Service mail with postage prepaid. 5.6 If for any reason of any default or breach on the part of either the OWNER or the CITY in the performance of any of the provision of this Agreement a legal action is instituted,the party not prevailing agrees to pay all reasonable costs and attorney fees and costs in connection therewith. It is hereby agreed that the venue of any legal action brought under the terms of this Agreement shall be King County,Washington. This Agreement shall be governed by the applicable laws,rules,and regulations of the State of Washington and the CITY. 5.7 In the event that any term,provision,condition,clause or other portion of this Agreement be held to be inoperative,invalid,void,or in conflict with applicable provision,condition,clause or other portion of this Agreement,and the remainder of this Agreement shall be effective as if such term,provision,condition or other portion had not been contained herein,and to this end,the terms of this Agreement are declared by the parties to be severable. 5.8 Upon execution,the CITY will record these covenants with the King County Recorder's Office. coon!annex new devel 2004\05/27/04 Page 4 FORM 03 0008ibh/ • . . . . . - DECLARATION OF COVENANT AND Property Tax Parcel Number: ANNEXATION AGREEMENT 336•c/5 "vim/CU NEW DEVELOPMENT Street Intersection or t Name- , �G/fC=�. IN WITNESS1WHEREO ,1 have hereunto set my hand and seal the day and year as written below. / / /;, raptor ar./i :s) ii 'otary Seal must . within box STATE OF WASHINGTON )SS `��� v v COUNTY OF KING ) 7, _':JRt‘S G.�S II r I certify that I know or have satisfactory evidence that A%�,�.'T7yu:f e-40ssj'�'.,, o1.rig signed this instrument and MM^^ 4' Gi , acknowledged it to be his/her/their free and voluntary act for the uses and purposes �`�, 's -1 '. mentioned in the' ent. ii is OA.is. I' �0%a'_ Notary Public in an for the State of Washington ' t ASNt*10t`` Notary(Print) (--cif-- 1/7 G - SC:A(.c cc My appointment expires: f"-3O 03— Dated: SDated: S-a r_0 y DECLARATION OF COVENANT AND Property Tax Parcel Number: • Pro ject File ANI:NEXATION AGREEMENT Street Intersection or Project Name: IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING ) On this day of ,20 ,before me personally appeared to me known to be of the corporation that executed the within instrument,and acknowledge the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: IIeovnt annex new devel 2004\05 27/04 Page 5 FORM 03 0008/bh/ • King County Department of Assessments Accounting Division Scott Noble 500 Fourth Avenue,ADM-AS-0725 Assessor Seattle,WA 98104-2384 (206)296-5145 FAX(206)296-0106 Email:assessor.info@kingcounty.gov http://www.ki nneounty.aov/assessor/ ANNEXATION PETITION CERTIFICATION THIS IS TO CERTIFY that the petition submitted October 26, 2007 to the King County Department of Assessments by Don Erickson, Senior Planner for the City of Renton, supporting the annexation to Renton of the properties described as the LibertyAnnexation, have been examined, the property taxpayers, tax parcel numbers, and assessed value of properties listed thereon carefully compared with • the King County tax roll records, and as a result of such examination, found to be sufficient under the provisions of the Revised Code of Washington, Section 35A.01.040. The Department of Assessments has not verified that the signature on the petition is valid through comparison with any record of actual signatures, nor that the signature was obtained or submitted in an appropriate time frame, and this document does not certify such to be the case. Dated this 26th day of November, 2007 Scott Noble, King County Assessor • CITY OF RENTON COUNCIL AGENDA BILL AI#: gi e u 1 •Submitting Data: For Agenda of: Dept/Div/Board.. EDNSP January 7, 2008 Staff Contact Alex Pietsch x6592 Agenda Status Consent X Subject: Public Hearing.. 2008 Budget Amendment to Fund 110 Correspondence.. Ordinance Resolution Old Business Exhibits: New Business Ordinance Study Sessions Lodging Tax Advisory Committee Report Information Recommended Action: Approvals: Council Concur Legal Dept Finance Dept Other Fiscal Impact: Expenditure Required... $80,000 Transfer/Amendment $80,000 from ili Fund 110 unallocated fund balance Amount Budgeted Revenue Generated Total Project Budget $80,000 City Share Total Project SUMMARY OF ACTION: On December 10, 2007, the City Council adopted the Lodging Tax Advisory Committee's recommendation and authorized allocations from Fund 110 to cover both the 2008 Renton Marketing Campaign and the 2008 Renton Visitor's Connection expenses. These are primarily contracted through Hamilton/Saunderson and the Renton Chamber of Commerce and are being presented on separate agenda bills. This ordinance is necessary to adjust the budget document by transferring $80,000 from the unallocated fund balance in Fund 110 to be added to the 2008 budget. STAFF RECOMMENDATION: Adopt the budget ordinance to transfer these funds and reflect the transfer in the budget document. 0 H:\EDNSP\Council\lssue Papers-Agenda Bills-Ctte Reports\2008\Fund 110 Budget Amendment Agenda Bill.doc CITY OF RENTON, WASHINGTON ORDINANCE NO. j R AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE 2008 BUDGET BY TRANSFERING $80,000 FROM THE FUND 110 HOTEL-MOTEL ACCOUNT'S UNALLOCATED FUND BALANCE FOR CONTRACTS WITH HAMILTON/SAUNDERSON FOR 2008 MARKETING SERVICES FOR $219,000 AND WITH RENTON CHAMBER OF COMMERCE FOR 2008 RENTON VISITOR'S CONNECTION FOR $129,000. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Appropriation in the Hotel-Motel Fund is hereby increased as follows: Fund 2008 Budget 2008 Original Increase Adjusted Budget Budget 110 Hotel—Motel $255,000 $80,000 $335,000 Source of funds: Fund 110 Unallocated reserve balance • SECTION II. This ordinance shall be effective upon its passage, approval, and 30 days after publication. PASSED BY THE CITY COUNCIL, this day of , 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: • Lawrence J. Warren, City Attorney Date of Publication: • CITY OF RENTON LODGING TAX ADVISORY COMMITTEE December 7, 2007 Allocation of Lodging Tax funding for 2008 The Lodging Tax Advisory Committee met December 7, 2007 to discuss the allocation of Lodging Tax funding for 2008. The Committee recommends that the City Council allocate Lodging Tax funds as follows: • $110,000 to the Renton Community Marketing Campaign; • $129,000 to Renton Visitor's Connection; and • One-time allocations of fund reserves as follows: o $66,000 to the Renton Community Marketing Campaign for television advertising during the upcoming 2008 NFL playoffs, and o $30,000 to the City of Renton's Department of Economic Development, Neighborhoods & Strategic Planning to collaborate with the Community • Services Department, Downtown Renton Committee, and Piazza Renton to produce seasonal decorations in Downtown Renton, including banner brackets, banners, and a"Santa House." Denis Law, Chair cc: Alex Pietsch Mike Bailey • 2008 Funding Comm report.doc\ ., CITY OF RENTON COUNCIL AGENDA BILL AI#: 9, �. •Submitting Data: For Agenda of: Dept/Div/Board.. EDNSP January 7, 2008 Staff Contact Alex Pietsch x6592 Agenda Status Consent X Subject: Public Hearing.. Contract with Hamilton/Saunderson for management of Correspondence.. the Renton Community Marketing Campaign Ordinance Resolution Old Business Exhibits: New Business Contract with Hamilton/Saunderson Study Sessions Lodging Tax Advisory Committee Report Information Recommended Action: Approvals: Council Concur Legal Dept Finance Dept Other Fiscal Impact: Expenditure Required... Up to $219,000 Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget Up to $219,000 City Share Total Project SUMMARY OF ACTION: On December 10, 2007, the City Council allocated$176,000 in Lodging Tax collections to the Renton Community Marketing Campaign for its 2008 activities. This funding will be leveraged with $65,000 in additional funding from the Economic Development,Neighborhoods, and Strategic Planning Department's business recruitment budget, key stakeholders, other community agencies, organizations, and businesses, for a total 2008 budget of$241,000. The marketing firm of Hamilton/Saunderson has been retained to perform $219,000 of the 2008 work program. A contract is now necessary in order for work to begin. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to sign the contract for an amount not to exceed$219,000 with Hamilton/Saunderson Marketing Partnership. III H:\EDNSP\Economic Development\Lodging Tax Advisory Committee\Council Action-Agenda Bills and Issue Papers\2008\AGDBILL Community Marketing Campaign 2008.doc • CONSULTANT AGREEMENT THIS AGREEMENT is made as of the day of , 20 , between the CITY OF RENTON, a municipal corporation of the State of Washington, hereinafter referred to as "CITY" and Hamilton/Saunderson, hereinafter referred to as "CONSULTANT", for their services related to the City of Renton's Marketing Campaign. Information shall be made available for use by the City of Renton Staff and City Council. The CITY and CONSULTANT agree as set forth below: 1. Scope of Services. The Consultant will provide all labor necessary to perform all work, which is described in the attached Scope of Services (Exhibit A). This Agreement and Exhibit hereto contain the entire agreement of the parties and supersedes all prior oral or written representation or understandings. This Agreement may only be amended by • written agreement of the parties. The scope of work may be amended as provided herein. 2. Changes in Scope of Services. The City, without invalidating the Consultant Agreement, may order changes in the services consisting of additions, deletions or modifications, and adjust the fee accordingly. Such changes in the work shall be authorized by written agreement signed by the City and Consultant. If the project scope requires less time, a lower fee will be charged. If additional work is required, the consultant will not proceed without a written change order from the City. If any provision of this Agreement is held to be invalid, the remainder of the Agreement shall remain in full force and effect to serve the purposes and objectives of this Agreement. 3. Time of Performance. The Consultant shall complete performance of the Consultant Agreement for the items under Consultant's control in accordance with Exhibit A. If items not under the Consultant's control impact the time of performance, the Consultant will notify the City. 4. Term of Consultant Agreement. The term of this Agreement shall end at completion of the scope of work identified in Exhibit A, but no later than December 31, 2008. This Agreement may be extended to accomplish change orders, if required, upon mutual written agreement of the City and the Consultant. 5. Consultant Agreement Sum. The total amount of this Agreement is not to exceed the sum of$219 ,000. Washington State Sales Tax is not required. The Cost Estimate • provided by the Consultant to the City specifies total cost. 1 6. Method of Payment. Payment by the City for services rendered will be made after a • voucher or invoice is submitted in the form specified by the City. Payment will be made within thirty (30) days after receipt of such voucher or invoice. The City shall have the right to withhold payment to the Consultant for any work not completed in a satisfactory manner until such time as the Consultant modifies such work so that the same is satisfactory. 7. Record Maintenance and Work Product. The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and services provided in the performance of this Agreement. The Consultant agrees to provide access to any records required by the City. All originals and copies of work product, exclusive of Consultant's proprietary items protected by copyright such as computer programs, methodology, methods, materials, and forms, shall belong to the City, including records, files, computer disks, magnetic media or material which may be produced by Consultant while performing the services. Consultant will grant the City the right to use and copy Consultant copyright materials as an inseparable part of the work product provided. 8. Assignment Agreement. The Consultant shall not assign any portion of this consultant Agreement without express written consent of the City of Renton. 9. Hold Harmless. The Consultant shall indemnify, defend and hold harmless the City, its officers, agents, employees and volunteers, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death of Consultant's own • employees, or damage to property caused by a negligent act or omission of the Consultant, except for those acts caused by or resulting from a negligent act or omission by the City and its officers, agents, employees and volunteers. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the contractor and the city, its officers, officials, employees and volunteers, the contractor's liability hereunder shall be only to the extent of the contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitute the contractor'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. 10. Insurance. The Consultant shall secure and maintain commercial liability insurance in the amount of$1,000,000 in full force throughout the duration of this Consultant Agreement. It is agreed that on the CONTRACTOR's policy, the City of Renton will be named as Additional Insured(s) on a non-contributory primary basis. A certificate of insurance and the Primary & Non-Contributory Additional Insurance Endorsement page, properly endorsed, shall be delivered to the City before executing the work of this agreement. Please note: The cancellation language should read "Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will mail 45 days written notice to the certificate holder named to the left." • 2 • 11. Independent Contractor. 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. The Consultant's relation to the City shall be at all times as an independent contractor. 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. 12. Compliance with Laws. The Consultant and all of the Consultant's employees shall perform the services in accordance with all applicable federal, state, county and city laws, codes and ordinances. Discrimination Prohibited: Consultant, with regard to work performed under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, the presence of any physical or sensory handicap, or sexual orientation, in the selection and/or retention of employees, or procurement of materials or supplies. This agreement is entered into as of the day and year written above. • .ULTANT CITY OF RENTON IP Hamilton/Sau derson Denis Law, Mayor 621 Fifth Avenue North, Suite A Seattle, WA 98109 (206) 282-6858 APPROVED AS TO FORM: ATTEST: • City Attorney Bonnie I. Walton, City Clerk • 3 2008 Renton Community Marketing Plan Budget Initiative Proposed Budget Notes • Advertising Puget Sound Business Journal Ads First Quarter $ 16,000.00 4 Second Quarter $ 20,000.00 5 Fourth Quarter $ 20,000.00 5 KUOW First Quarter $ 10,000.00 6 wks Third Quarter $ 10,000.00 6 wks Fourth Quarter $ 10,000.00 6 wks 425 Magazine $ 12,000.00 4 Other Print Advertising $ 7,500.00 As needed • Video Production (pending new distribution tools, e.g. hotel tv) Curve Winter $ 12,000.00 Curve Spring $ 12,000.00 Vignette/Video Production $ 5,000.00 Business Development California in Q3(Alex and Mayor may go to Austin in March as well,but no funding Recruitment Trips $ 5,000.00 necessary Sponsorships $ 15,000.00 Curve Mail $ 5,000.00 DVD Printing $ 2,000.00 1000 units Stakeholder/Campaign Support • Quarterly Meetings $ 4,000.00 DRAFT 12/20/2007 1 2008 Renton Community Marketing Plan Budget itiative Proposed Budget Notes Retreat $ 2,000.00 Copying/Production/Postage $ 1,000.00 Photography for RTC $ 3,500.00 Graphic Design $ 1,000.00 Contingency $ 2,000.00 Not contracted with H/S to do this. Work to be completed by $ (22,000.00) other vendors Total $ 153,000.00 Big Idea Budget oeaws Advertising Superbowl Ad from 3-3:30 p.m. $ 26,000.00 February Seahawk Wildcard Game $ 25,000.00 January Production $ 15,000.00 Total $ 66,000.00 • DRAFT 12/20/2007 2 • • RENTON AHEAD OF THE CURVE 2008 Renton Community Marketing Campaign Objectives 1. Maintain the Renton brand: deliver key messages and build the buzz in targeted local, regional, national and international markets. 2. Tell the Renton story by showcasing opportunities in Renton: "Renton is the center of opportunity in the Puget Sound Region where families and businesses thrive". 3. Show up in places that will "surprise" opinion leaders and build the Renton buzz. 4. Build pride in Renton. 5. Leverage stakeholder and community marketing resources. 6. Support community economic development initiatives. 7. Maintain strength of the stakeholder partnership in the marketing campaign. 111 Campaign Theme The 2008, the Community Marketing Campaign will continue to brand Renton as "Ahead of the Curve." Annually, we have supported the Ahead of the Curve brand with different themes. The theme is incorporated into advertising headlines and copy. Last year, we began using the theme of"Renton is the Center of Opportunity in the Puget Sound region where families and businesses thrive." This theme has resonated extremely well with targeted audiences. And, it will be continued in our 2008 initiatives. Tactics Tactic I: Reach opinion leaders ❑ Puget Sound Business Journal Where do top area business leaders get their business news? According to our Renton marketing survey, The PSBJ was rated as their top choice. Use full color, 3/4 page ads (no other advertising on this page) First quarter: 4 ads Second quarter: 5 ads Fourth quarter: 5 ads • • • ❑ KUOW Radio KUOW is one of the top three stations in the market and is a premier way to reach area decision makers. We propose two, six week schedules, with the Renton spots airing adjacent to business reports at 6:50 AM, 12:50 PM and during Marketplace from 6:30-7PM. In addition, Renton will receive a web tile on the KUOW home page throughout the year. First quarter: 6 weeks Fourth quarter: 6 weeks ❑ 425 Magazine 425 is the lifestyle magazine devoted to the Eastside community. Currently, the publication has a paid and controlled circulation of 36,200, with a total of 76,000 readers for each issue. We propose running four full page, full color ads in 2008. Tactic II: Video Production The Curve is an exciting half hour television magazine show that focuses on Renton as the center of opportunity in the Puget Sound region where families and businesses thrive. The • Curve airs on Renton's Channel 21 and on Puget Sound Access Channel 77. However, we have been challenged in our efforts to distribute the program in a way that it reaches a mass audience. One suggestion has been to work with the Renton hotels to have the program shown on their in-room informational television channels. In addition, we believe that distribution of the Curve can be significantly enhanced by pursing the following strategies: ❑ Edit existing (and 2008) segments of the Curve into short, informative vignettes that highlight why Renton is the right choice for business and families, education, health care and fun. Post the vignettes on stakeholder websites and on sties such as You Tube. ❑ Distribute new segments and vignettes in Curve Mail sent to commercial real estate brokers, developers and other targeted individuals. Therefore, we recommend producing two episodes of the Curve in 2008. However, funding for production will be held until broader distribution methods are determined. If these methods cannot be determined, the budget for this piece of the work plan will be redeployed to additional advertising. Tactic III: Support Business Development ❑ Plan two Business Recruitment Trips. Working with enterprise Seattle, develop business recruitment trips to markets such as Austin and Los Angeles. Key DRAFT 2008 Renton Community Marketing Campaign 2 stakeholders will meet with businesses and organizations to discuss the Renton III opportunity. ❑ Sponsor economic and business development conferences and forums. Keep Renton top of mind with area decision makers. Opportunities could include Technology Alliance Tech Summit, Prosperity Partnership Annual Luncheon, ULI programs and Governor's Aerospace Summit. ❑ Distribute Renton's e-newsletter, Curve Mail, quarterly. Continue to add to the distribution list (currently at 1,400 opinion leaders). o Reproduce Renton Marketing DVD. This award-winning DVD has proven to be a powerful marketing tool. We propose printing another 1,000 DVDs in 2008. o Continue Renton Speaker's Bureau. Seek opportunities to tell the Renton story at economic forums and meetings of key opinion leaders. Tactic IV: Maintain the Brand o The Campaign will continue to encourage stakeholders to incorporate the Renton Ahead of the Curve logo and theme into as many 111 advertising/communications vehicles as possible. This not only leverages resources, but also extends the brand into all aspects of the community. o The campaign will continue to mobilize stakeholders to assist with business recruitment and retention opportunities during the course of the year. This will be accomplished through the signing of joint letters, phone calls, personal visits and other means coordinated by the City's Economic Development, Neighborhoods and Strategic Planning Department. Tactic V: Marketing Support and Campaign Administration o Quarterly meetings will be held with the stakeholders. The primary purpose of the meetings will be to brainstorm marketing initiatives and to discuss collaborative ideas between stakeholders. In addition, the stakeholders will review progress to date, evaluate budget expenditures and reallocate the marketing budget as required. o Year End Marketing Retreat. The stakeholders will meet in the Fall of 2008 to develop a 2009 marketing plan. o Photography. The Campaign developed powerful creative and highlighted the best of Renton with four photo shoots in 2007. For 2008, we recommend scheduling a photo shoot to highlight a program at Renton Technical College. III DRAFT 2008 Renton Community Marketing Campaign 3 ❑ Graphic Design. The campaign will primarily use the print ads developed in 2007. A • small amount of funds will be set aside for additional ads that compliment this creative. ❑ Miscellaneous and Opportunity Fund. A small amount of funds will be set aside for postage, copying and production. In addition, we recommend creating a contingency fund to take advantage of new opportunities which arise in 2008. Additional Advertising Ideas to Consider—from the Big Idea Budget ❑ The Big Idea Blow people away with advertising during the Seahawks Wild Card Football Game and during the Super Bowl pre-game show. The Seahawks are hot and rolling into the playoffs and interest in the playoff games will be huge. They are also a new Renton business! We propose creating a high-energy, highly-informative and high-impact :30 ad that will get people talking about Renton. No other city regionally has done this. It keeps Renton —Ahead of the Curve. January—Wild Card Playoff Game February—Super Bowl Pre-Game ad to be televised between 3 and 3:30 p.m.,just prior • to the start of the game. ❑ Banner Advertising Place ads on targeted websites, which could include NW Source and the Wall Street Journal. • DRAFT 2008 Renton Community Marketing Campaign 4 • CITY OF RENTON LODGING TAX ADVISORY COMMITTEE December 7, 2007 Allocation of Lodging Tax funding for 2008 The Lodging Tax Advisory Committee met December 7, 2007 to discuss the allocation of Lodging Tax funding for 2008. The Committee recommends that the City Council allocate Lodging Tax funds as follows: • $110,000 to the Renton Community Marketing Campaign; • $129,000 to Renton Visitor's Connection; and • One-time allocations of fund reserves as follows: o $66,000 to the Renton Community Marketing Campaign for television advertising during the upcoming 2008 NFL playoffs, and o $30,000 to the City of Renton's Department of Economic Development, • Neighborhoods & Strategic Planning to collaborate with the Community Services Department, Downtown Renton Committee, and Piazza Renton to produce seasonal decorations in Downtown Renton, including banner brackets, banners, and a"Santa House." Denis Law, Chair cc: Alex Pietsch Mike Bailey • 2008 Funding Comm report.doc\ CITY OF RENTON COUNCIL AGENDA BILL AI#: £?.. cy_ eSubmitting Data: For Agenda of: Dept/Div/Board.. EDNSP January 7, 2008 Staff Contact Alex Piet4ch x6592 Agenda Status Consent X Subject: Public Hearing.. Allocation of 2008 Lodging Tax funding Correspondence.. Ordinance Resolution Old Business Exhibits: New Business Contract with the Renton Chamber of Commerce Study Sessions Lodging Tax Advisory Committee Report Information Recommended Action: Approvals: Council Concur Legal Dept Finance Dept Other Fiscal Impact: i; Expenditure Required... $129,000 Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget $129,000 City Share Total Project SUMMARY OF ACTION: On December 10, 2007, the City Council allocated$129,000 in Lodging Tax collections to the Renton Visitor's Connection (RVC) for its 2008 tourism marketing efforts. A contract with the Renton Chamber of Commerce, which administers the RVC work program, is now necessary. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to sign the contract for an amount not to exceed $129,000 with the Renton Chamber of Commerce to administer the Renton Visitor's Connection 2008 work program. • H:\EDNSP\Economic Development\Lodging Tax Advisory Committee\Council Action-Agenda Bills and Issue Papers\2008\AGDBILL lodging tax funding 2008.doc .. 1 • CONSULTANT AGREEMENT THIS AGREEMENT is made as of the day ofbac.._, 2067 between the CITY OF RENTON, a municipal corporation of the State of Washington, hereinafter referred to as "CITY" and the Renton Chamber of Commerce, a Washington Non-Profit Corporation, hereinafter referred to as "CONSULTANT", for their services related to the Renton Visitors Connection Tourism Marketing Campaign. Information shall be made available for use by the City of Renton Staff and City Council. The CITY and CONSULTANT agree as set forth below: 1. Scope of Services. The Consultant will provide all labor necessary to perform all work, which is described in the attached Scope of Services (Exhibit A). This Agreement and Exhibit hereto contain the entire agreement of the parties and supersedes all prior oral or written representation or understandings. This Agreement may only be amended by . written agreement of the parties. The scope of work may be amended as provided herein. 2. Changes in Scope of Services. The City, without invalidating the Consultant Agreement, may order changes in the services consisting of additions, deletions or modifications, and adjust the fee accordingly. Such changes in the work shall be authorized by written agreement signed by the City and Consultant. If the project scope requires less time, a lower fee will be charged. If additional work is required, the consultant will not proceed without a written change order from the City. If any provision of this Agreement is held to be invalid, the remainder of the Agreement shall remain in full force and effect to serve the purposes and objectives of this Agreement. 3. Time of Performance. The Consultant shall complete performance of the Consultant Agreement for the items under Consultant's control in accordance with Exhibit A. If items not under the Consultant's control impact the time of performance, the Consultant will notify the City. 4. Term of Consultant Agreement. The term of this Agreement shall end at completion of the scope of work identified in Exhibit A, but no later than December 31, 2008. This Agreement may be extended to accomplish change orders, if required, upon mutual written agreement of the City and the Consultant. 5. Consultant Agreement Sum. The total amount of this Agreement is not to exceed the sum of$129,000. Washington State Sales Tax is not required. The Cost Estimate IIprovided by the Consultant to the City specifies total cost. 1 6. Method of Payment. Payment by the City for services rendered will be made after a • voucher or invoice is submitted in the form specified by the City. Payment will be made within thirty (30) days after receipt of such voucher or invoice. The City shall have the right to withhold payment to the Consultant for any work not completed in a satisfactory manner until such time as the Consultant modifies such work so that the same is satisfactory. 7. Record Maintenance and Work Product. The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and services provided in the performance of this Agreement. The Consultant agrees to provide access to any records required by the City. All originals and copies of work product, exclusive of Consultant's proprietary items protected by copyright such as computer programs, methodology, methods, materials, and forms, shall belong to the City, including records, files, computer disks, magnetic media or material which may be produced by Consultant while performing the services. Consultant will grant the City the right to use and copy Consultant copyright materials as an inseparable part of the work product provided. 8. Assignment Agreement. The Consultant shall not assign any portion of this consultant Agreement without express written consent of the City of Renton. 9. Hold Harmless. The Consultant shall indemnify, defend and hold harmless the City, its officers, agents, employees and volunteers, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury 1111 or death to persons, including injuries, sickness, disease or death of Consultant's own employees, or damage to property caused by a negligent act or omission of the Consultant, except for those acts caused by or resulting from a negligent act or omission by the City and its officers, agents, employees and volunteers. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the contractor and the city, its officers, officials, employees and volunteers, the contractor's liability hereunder shall be only to the extent of the contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitute the contractor'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. 10. Insurance. The Consultant shall secure and maintain commercial liability insurance in the amount of$1,000,000 in full force throughout the duration of this Consultant Agreement. It is agreed that on the CONTRACTOR's policy, the City of Renton will be named as Additional Insured(s) on a non-contributory primary basis. A certificate of insurance and the Primary & Non-Contributory Additional Insurance Endorsement page, properly endorsed, shall be delivered to the City before executing the work of this agreement. Please note: The cancellation language should read "Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will mail 45 days written notice to the certificate holder named to the left." • 2 11. Independent Contractor. 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. The Consultant's relation to the City shall be at all times as an independent contractor. 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. 12. Compliance with Laws. The Consultant and all of the Consultant's employees shall perform the services in accordance with all applicable federal, state, county and city laws, codes and ordinances. Discrimination Prohibited: Consultant, with regard to work performed under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, the presence of any physical or sensory handicap, or sexual orientation, in the selection and/or retention of employees, or procurement of materials or supplies. This agreement is entered into as of the day and year written above. C• ‘it ANT CITY OF RENTON NL11111111!Ii um.- Bill Tay-or, "r=sicknt Denis Law, Mayor Greater Renton " amber of Commerce 300 Rainier Avenue N Renton, WA 98055 425-226-4560 APPROVED AS TO FORM: ATTEST: City Attorney Bonnie I. Walton, City Clerk • 3 RENTON CHAMBER OF COMMERCE 2008 Renton Visitor's Connection Plan and Budget The Renton Chamber of Commerce is a Destination Marketing Organization for Renton and performs certain marketing functions to attract visitors. It operates a Visitor's Center to accommodate visitor informational needs. The scope of work for the year 2008 includes but is not limited to: GoRenton.com Web Site — Receives 63,000 hits a week from 50 states and 127 countries. The most frequently visited pages on the web site are: Live Web Camera, Play, Stay, Dine and Farmers Market. In 2008 there will be further improvements made to the site to attract greater interest and enhance the experience on the web site. Visitor's Guide — Is produced and distributed throughout the Pacific Northwest, featuring Businesses, Attractions, Activities, Events and general information about Renton to attract visitors. In 2008, 50,000 guides will be produced consisting of 32 pages and distributed in • 520 Certified locations throughout Washington and British Columbia. In addition, the Renton Visitors Guide will be in 5 locations at SEATAC Airport as well as the Seattle/King County Visitors Bureau. — Event Pocket Calendar— A folding Pocket Calendar is produced listing all of the events that would be of interest to visitors to Renton. It is designed to bring visitors back to Renton to experience events throughout the year. In 2008 30,000 pocket calendars will be produced and will be distributed in high traffic locations throughout Renton. -- National Geographic Travel —We will once again utilize the West's Best section of the magazine to acquaint readers with and offer Renton as a hub for activities in the Seattle market. Our ad in 2007 generated 700 responses and requests for our visitors guide. In 2008 there will be an ad in the Jan/Feb issue of National Geographic Travel Magazine distributed in the Western United States and a readers response feature nationally. - Newspaper Advertising — Is positioned to offer Renton as a convenient Seattle area travel destination and emphasizes events and activities. • 1 2008 RVC BUDGET Proposed 2008 RVC Budget 2008 Budget Chamber fulfillment • Advertising Director $13,000 Print Misc. $1,800 National Geographic Travel $3,700 Memberships $1,050 Willamette $5,000 FAM activities $500 Yakima $3,000 Publicity/Media $3,800 Spokesman $5,000 Postage $1,000 Metro $3,500 Printing $850 Total Print $20,200 Receptionist/referrals $3,000 Radio Toll free number $2,850 CISL-Vancouver,BC $6,000 Chamber management $5,500 KXLY-Spokane $6,000 Total Chamber $33,350 KALE/KNLT-Tri-cities $6,000 KPAM-Portland $6,500 Total $129,000 KIT-Yakima $6,000 KPQ/Quake $6,000 Seattle $6,500 Total Radio $43,000 Production Newspaper $2,500 Nat'l Geographic $500 Total production $3,000 Total advertising $66,200 Visitors Guide-32 page 50,000 Design $2,500 • Printing $10,200 Freight $475 Distribution $7,325 Airport $500 Total Visitors Guide $21,000 Event pocket calendar-30,000 Printing $3,500 Total Pocket Calendar $3,500 Downtown Guide-15,000 $0 Total printed material $24,500 Web Development $2,000 Slide show $400 Hosting $250 DSL camera $810 Maintenance $540 Total web $4,000 Misc. Meetings $250 Memberships.(Sea/KC&SKAL) $700 Equipment $0 Software/computer $0 • Total Misc.' $950 • CITY OF RENTON LODGING TAX ADVISORY COMMITTEE December 7, 2007 Allocation of Lodging Tax funding for 2008 The Lodging Tax Advisory Committee met December 7, 2007 to discuss the allocation of Lodging Tax funding for 2008. The Committee recommends that the City Council allocate Lodging Tax funds as follows: • $110,000 to the Renton Community Marketing Campaign; • $129,000 to Renton Visitor's Connection; and • One-time allocations of fund reserves as follows: o $66,000 to the Renton Community Marketing Campaign for television advertising during the upcoming 2008 NFL playoffs, and o $30,000 to the City of Renton's Department of Economic Development, Neighborhoods & Strategic Planning to collaborate with the Community • Services Department, Downtown Renton Committee, and Piazza Renton to produce seasonal decorations in Downtown Renton, including banner brackets, banners, and a"Santa House." Denis Law, Chair cc: Alex Pietsch Mike Bailey • 2008 Funding Comm report.doc\ CITY OF RENTON COUNCIL AGENDA BILL AI#: ke :) . •Submitting Data: For Agenda of: January 7, 2008 Dept/Div/Board.. Police Staff Contact Tim Troxel, Deputy Chief (x7531) Agenda Status Consent X Subject: Public Hearing.. Regional Automated Information Network (RAIN) Correspondence.. Interlocal Law Enforcement Agreement Ordinance Resolution X Old Business Exhibits: New Business Interlocal Agreement Study Sessions Resolution Information Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept Other(HR) X Fiscal Impact: 41; Expenditure Required... $4679.50 Transfer/Amendment Amount Budgeted $4679.50 Revenue Generated Total Project Budget City Share Total Project SUMMARY OF ACTION: The City of Renton is reauthorizing an agreement to share law enforcement crime analysis information with other King County cities through the Regional Automated Information Network (RAIN).The City has participated in RAIN since 2005 via memorandum of understanding (MOU). The system is shared among 26 cities in King County and allows law enforcement agencies to coordinate information about criminal activity, offenders and suspect vehicles across jurisdictional borders. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to sign an interlocal agreement with other King County cities for participation in the Regional Automated Information Network (RAIN). i Rentonnet/agnbill/ bh J Enslaving Publie Safety INTER-LOCAL AGREEMENT AMONG THE PARTICIPATING • s = '' LAW ENFORCEMENT AGENCIES k FORMING A REGIONAL AUTOMATED 3'tp INFORMATION NETWORK(RAIN) By Sharing Information A. PARTICIPATING AGENCIES The participating agencies to this agreement are the: Auburn Police Department Algona Police Department Bellevue Police Department Black Diamond Police Department Bothell Police Department Clyde Hill Police Department Des Moines Police Department Duvall Police Department Enumclaw Police Department Federal Way Police Department Issaquah Police Department Kent Police Department King County Department of Adult and Juvenile Detention King County Sheriff's Office and its Contract Cities Kirkland Police Department • Lake Forest Park Police Department Medina Police Department Mercer Island Department of Public Safety Normandy Park Police Department Pacific Police Department Port of Seattle Police Department Redmond Police Department Renton Police Department Seattle Police Department Snoqualmie Police Department Tukwila Police Department University of Washington Police Department B. PURPOSE The participating agencies desire to enter into an Inter-Local Agreement (ILA) to establish and maintain a Regional Automated Information Network(RAIN) that connects automated records management systems to: 1. Protect the public by assisting law enforcement in solving and preventing crimes and acts of terrorism. 2. Protect law enforcement officers by giving them information important to • their safety while out on our streets and highways. RAIN ILA-2007 3. Connect to other parts of the Criminal Justice System for increased effectiveness and efficiency. • 4. Connect to other regional, state, and national information systems. C. DURATION This agreement shall commence on the date it is executed by the second participating agency to execute the agreement and shall continue until terminated as provided herein. D. AGENCY RESPONSIBILITIES 1. Each fully participating agency shall bear the following financial obligations: • Maintaining its own costs and, if necessary, modifying its own information technology systems so that it is compatible and can communicate with RAIN. • Maintaining its own RAIN servers and peripherals, if any, and replacing them as they go out of warranty and/or malfunction. • Paying its financial assessment of shared costs. This assessment (see Appendix d) includes costs common to all RAIN agencies and is subject to annual revision. 2. Provider-only agencies shall not be assessed financial obligations. For example, the King County Department of Adult and Juvenile Detention(DAJD) has agreed to provide jail booking photos in direct support of RAIN facial II) recognition functionality and that is the extent of their current involvement. As a provider-only RAIN agency, DAJD will not be assessed charges for either implementation or for on-going maintenance. Grant funds will cover the implementation costs and maintenance fees will be shared by full participating RAIN agencies as outlined in this governing ILA. Should DAJD, at a later date, successfully petition the governance board to become a fully participating RAIN agency, this exemption will expire and they will be required to share maintenance fees as again outlined in this governing ILA. 3. Each participating agency shall adopt this Inter-Local Agreement holding other RAIN participants harmless for that agency's negligent acts or negligent omissions related to the system. The hold harmless provisions are set forth in Appendix A. In the event that a participating agency is not able to get approval for the Inter-Local Agreement, that agency will no longer be a participating agency in the RAIN system. 4. King County Sheriff's Office Disclaimer: The King County Sheriff's Office agrees to be the host for the RAIN UDDI server and in that role will operate and maintain the server. The King County Sheriff's Office does not make any guarantees, warranties, or promises the server will be operational at all times or will not suffer from any failures or malfunctions. Other participating agencies recognize the RAIN UDDI server is intended to provide information to agencies to assist and supplement their investigations but is not intended to be the sole or • RAIN ILA-2007 • primary source of information to investigate a suspect or crime. Access to the 1 RAIN UDDI server is not intended to take the place of other means of accessing iinformation to investigate suspects or crimes. The King County Sheriff's Office also does not control or guarantee the accuracy, relevance, timeliness, or completeness of the information or documents other participating agencies create and maintain, as noted in section E.1 of this Inter-Local Agreement. The King County Sheriff's Office also does not bear any responsibility for ensuring or , auditing other participating agencies' compliance with the ACCESS and SECURITY provisions of this Inter-Local Agreement. E. OWNERSHIP, ENTRY,AND MAINTENANCE OF INFORMATION 1. Each participating agency retains sole ownership, exclusive control, and responsibility for the information it chooses to share with RAIN, except as provided in paragraph J. All system entries will be clearly marked to identify the contributing party. 2. The contributing party has the sole responsibility and accountability for ensuring compliance with all applicable laws, regulations, policies, and procedures applicable to the party's entry and sharing of information with RAIN, except as provided in paragraph J. 3. Each agency has agreed to share only police records, crime data, and 1 investigative reports with RAIN. This system is not for intelligence information, IDe.g. reports from confidential informants. F. ACCESS TO AND USE OF INFORMATION 1. Each participating agency connected and contributing to RAIN agrees to permit the access, and use of such information by every other partner under the provisions of this Inter-Local Agreement. 2. Agencies that are not connected to RAIN and are not parties to the ILA are not authorized to access RAIN. Only law enforcement agencies may become fully participating RAIN agencies. 3. All parties will have access via a secure Internet connection to the information in RAIN. Each agency is responsible for providing its own internet connectivity. 4. A party may only access RAIN when it has a legitimate, official need to know the information for an authorized law enforcement, counter terrorism, public safety, and/or national security purpose, after receiving training on system use. s RAIN ILA-2007 5. An accessing party may use RAIN information for official matters only. 6. RAIN information may not be disseminated without first obtaining permission • of each party that contributed the information, in accordance with and to the extent permitted by applicable law. 7. RAIN includes an audit capability that will log all user actions, including queries executed, and responses. 8. Nothing in this Inter-Local Agreement is intended to restrict the ordinary sharing of information between law enforcement agencies whether or not those agencies are members of RAIN. G. SECURITY 1. Each participating agency will be responsible for designating those employees who have access to RAIN. This system has been developed with the capability to record each use of the system, including the identity of the individual accessing the system, and the time of the access to the system, and the information queried. 2. Each party is responsible for training those employees authorized to access RAIN regarding the use and dissemination of information obtained from the system. Specifically, employees should be given a clear understanding of the need to verify the reliability of the information with the contributing party • before using the information for purposes such as obtaining warrants. H. GOVERNANCE An Executive Board, composed of the Sheriff/Police Chief/Agency Executive, or his/her designee, from each participating agency, shall govern the affairs of RAIN. Each member of the Executive Board shall have an equal vote and voice on all board decisions. Unless otherwise provided, Roberts Revised Rules of Order shall govern all procedural matters relating to the business of the Executive Board. A presiding officer shall be elected by its members, together with such other officers as a majority of the Board may determine. The presiding officer, or any board member, may call sessions as necessary. For a meeting to occur, a simple majority of the Executive Board (quorum) must be present. A simple majority of those present shall be required for passage when the Board votes on any matter. A tie vote does not pass the matter. In emergency situations, the presiding officer may conduct a telephone poll of Board members to resolve any issues. I. COMMITTEES 1. The Executive Board shall designate committees such as Users, Technical, and Legal Committees, as needed or appropriate. • RAIN ILA-2007 2. The presiding officers of the committees shall transmit recommendations to • the presiding officer of the executive board and meet with him/her as needed or appropriate. J. DISCLOSURE REQUESTS A participating agency that receives a request for documents that the receiving agency interprets to include RAIN documents, (e.g., public disclosure, subpoena duces tecum, civil or criminal discovery motion) shall be responsible for responding to the request. If the receiving agency determines the law requires release of all or part of a RAIN document contributed by another participating agency, the receiving agency shall promptly forward a copy of the request to the contributing agency, notify that agency which documents or parts of documents the receiving agency intends to release, and provide the contributing agency a reasonable period of time to obtain a court order preventing the release of the RAIN documents or parts of documents. The receiving agency shall determine what time period is reasonable given the applicable law and any deadlines established by law or the court to respond to the request. For purposes of this paragraph J, a RAIN document includes any writing that can be printed or electronically stored from the RAIN network containing information relating to the conduct of government of the receiving agency or the performance of any governmental or proprietary function prepared, owned, used, or retained by the receiving agency. A RAIN document relating to a governmental function is 'used' by the agency if it is applied to a given purpose or instrumental to an end or process. The receiving agency shall not be considered to have used, owned retained or prepared a RAIN document merely because • the RAIN document is accessible to the receiving agency through the Regional Automated Information Network. K. TERMINATION The minimum term of this Agreement shall be one (1) year. This Agreement shall automatically be extended for consecutive one (1) year terms, unless terminated pursuant to the terms of this Agreement, or when the maintenance for the system funded by the grant for RAIN expires. A jurisdiction may withdraw its participation in RAIN by providing written notice of its withdrawal, and serving such notice upon each Executive Board member. A notice of withdrawal shall become effective thirty(30) days after service of the notice. RAIN may be terminated by a majority vote of the Executive Board. Any vote for termination shall occur only after notice has been given to the police chief or sheriff of each participating jurisdiction. Agency: Signature: Date: • Name(Print) and Title: RAIN ILA-20 7 Signature: Date: • Name (Print) and Title: (other county or city official as necessary or desired) Signature: Date: (Attorney—reviewed and approved as to form)Print: • i RAIN ILA-2007 APPENDIX A • Language for Interlocal Agreement on Hold Harmless Insurance, Liability: Each Cooperating Agency shall be responsible for the wrongful or negligent actions of its employees arising out of performance of this agreement as their respective liability shall apply under the laws of the State of Washington and/or Federal law and this Agreement is not intended to diminish or expand such liability. To that end each Cooperating Agency promises to hold harmless and release all other participating Agencies from any loss, claim or liability arising from or out of the negligent,tortious action(s) or inaction(s) of its employees, officers and officials. Such liability shall be apportioned among the parties or other at fault persons or entities in accordance with the laws of the State of Washington. Nothing herein shall be interpreted to: a. Waive any defense arising out of RCW Title 51. b. Limit the ability of a participant to exercise any right, defense, or remedy which a party may have with respect to third parties or other Officer(s)whose action(s)o (s) or inaction give rises to loss, claim or liability including but not limited to an assertion that the Officer(s) was acting beyond the scope of his • or her employment. c. Cover or require indemnification or payment of any judgment against any individuals or Agency for intentionally wrongful conduct outside the scope of employment of any individual or Agency. Payment of punitive damage awards, fines or sanctions shall be the sole responsibility of the individual against whom said judgment is rendered and/or his or her municipal employer, should that employer elect to make said payment voluntarily. This Agreement does not require indemnification of any punitive damage awards or for any order imposing fines or sanctions. • RAIN ILA-2007 APPENDIX B RAIN Security System • Security Roles and Responsibilities Policy: The Chief of Police for each participating agency in RAIN is responsible for establishing appropriate RAIN security control. Security control is defined as the ability to set, maintain, and enforce: 1. Standards for the selection, supervision, and termination of system access; and 2. -Policy governing the operation of computers, access devices, circuits, hubs, router, firewalls, and other components that make up and support a telecommunications network and related RAIN system used to process, store, or transmit law enforcement and investigative information, guaranteeing the priority, integrity, and availability of service needed by the criminal justice community. Policy: The RAIN Governance Board is responsible for developing and maintaining the RAIN security policy. The RAIN Governance Board is not responsible for overseeing the security of participating agency systems, other then to act as a resource for each agency and to make decisions relating to apparent violations of the RAIN Security Policy, when111 they become known. Personnel Background Screening Background: Each participating agency in RAIN is member of an information sharing network that requires a security clearance for all who access to the system. State and Federal Laws prohibit or restrict public access to and dissemination of Database Records. Access to these Database Records is therefore controlled by security authorizations. RAIN wishes to protect the security and proper use of the Database Records by performing Security Investigations on non Department employees or contractors who have or seek to have access to Database Records. RCW 10.97.050(3)provides that criminal justice agencies can access criminal history record information that includes non conviction data for any purpose associated with the administration of criminal justice. RCW 43.89.010 establishes the Central Computerized Enforcement Services System (ACCESS) and limits its use exclusively to the official business of the state, and the official business of any city, county, city and county, or other public agency. The Washington State Supreme Court has recognized that a law enforcement agency has a legitimate interest in ensuring a high level of trustworthiness • RAIN ILA-2007 f � and personal integrity in those individuals who would have access to Database Records due to the sensitive information accessible from those records and the unique potential dangers inherent to compromised information during ongoing criminal investigations and other law enforcement activities. Policy: State and national fingerprint-based record checks must be conducted within 30 days upon initial employment or assignment for all law enforcement non agency personnel, including appropriate IT or contractor personnel, having access to RAIN systems. The minimum check must include submission of a completed applicant fingerprint card to the appropriate state or federal identification bureau. When a record of any kind is found, access will not be granted until the Chief of Police can review the matter to decide if access is appropriate. Before system access is granted, fingerprint comparison or other positive means must establish the identification of the non-agency applicant. The Chief of Police shall determine whether the information obtained from the fingerprint-based record check demonstrates that the individual has honesty and has not committed crimes and associated with criminals, where the information contained on the Database Records would present an unacceptable risk of misuse of said records. The Chief will consider the following factors in his/her decision making process: Criminal convictions: 1. Does the crime(s)go to one's honest integrity, tendenc to associate with other Y� Y criminals (for example. Theft, forgery, sale of illegal drugs for profit, computer crimes)? 2. The seriousness of the crime. 3. Applicants age when the crime was committed. 4. How long ago the crime(s) was committed. Arrests: 1. Does the arrest(s) go to one's honesty, integrity, tendency to associate with other criminals? 2. Whether the applicant disclosed the arrest. 3. The applicant's explanation for the arrest. 4. Other information that may tend to show whether the acts for which the person was arrested would demonstrate an unacceptable risk to allow applicant access to Database Records. 5. Applicants age when arrested. 6. How long ago the applicant was arrested. Revocation: When the Chief of Police becomes aware of an employee with a security clearance is arrested for a crime or is alleged of misconduct. The Chief of Police will • RAIN ILA-2007 V APPENDIX C Rules for Use of Data from RAIN RAIN is an investigative tool, not a Records Management System. RAIN should be accessed only for a law enforcement purpose. It allows you to search shared data from participating agencies, but is only one element in effective law enforcement for building an investigative case. Each participating agency maintains ownership of its own data. Therefore, the following rules apply: 1. All attempts to access data through RAIN are recorded in system logs and are subject to routine audit or review for detection of inappropriate or illegal activity. 2. A hit through RAIN is not probable cause for arrests, searches and seizures, or court testimony; but it indicates that information exists in the RMS of an identified agency. You must have original documents from the originating agency prior to using any information obtained through RAIN for any proceedings requiring court testimony. 3. Any information intended for use in a criminal record or case must be validated through the originating agency for accuracy and completeness. 4. Security-related incidents that impact RAIN data or communications shall be immediately reported to your Chief, who will report them to the RAIN Governance Board. 5. All data retrieved from law enforcement records stored in the RAIN system shall be securely stored and/or destroyed in an approved manner to prevent access by • unauthorized personnel. • RAIN ILA-2007 1 APPENDIX D • Cost Sharing Assessment for RAIN in 2007 and 2008 2007 Costs associated with maintenance of shared RAIN system elements shall be divided among all participating agencies. The specific assessments outlined below are based on a commissioned officer model agreed to by both the RAIN Governance Board and the KCPCA general membership. This assessment is specific to 2007 and costs are subject to change as maintenance fees and shared elements increase. Annual software maintenance is subject to a 3% increase, and the cost associated with Jail Booking Photos will be added in 2008. Sharable Element Costs (2007) Item Base Increase Adjusted Tax Total Cost BIS Site License Maintenance $40,000.00 3.0% $41200.00 8.8% $44,825.60 FR Site License Maintenance $20,000.00 3.0% $20,600.00 8.8% $22,412.80 UDDI Server Replacement $2,000.00 $2,000.00 Total Sharable $69,238.40 Cost Sharing Model • Level 1 (001 to 025 officers)= $500.00 • Level 4(101 to 200 officers)_ $5,000.00 • Level 2 (026 to 050 officers)= $1.300.00 • Level 5 (201 and over)= $8,000.00 • Level 3 (051 to 100 officers)= $3,500.00 IIIBased on this model, the participating RAIN agencies are assessed the following in 2007. Assessments (2007) Agency #Commissioned Level 2007 Assessment _Algona,PD 6 1 $500.00 Auburn PD 85 3 $3,500.00 Bellevue PD 172 4 $5,000.00 Black Diamond PD 11 1 $500.00 Bothell PD 53 3 $3,500.00 Clyde Hill PD 7 1 $500.00 Des Moines PD 39 2 $1,300.00 Duvall PD 13 1 $500.00 Enumclaw PD22 1 $500.00 Federal Way PD 111 4 $5,000.00 ' Issaquah PD 28 2 $1,300.00 Kent PD 116 4 $5,000.00 King County Sheriffs Office 723 5 $8,000.00 Kirkland PD 63 3 $3,500.00 • Lake Forest Park PD 22 1 $500.00 1 Medina PD 9 1 $500.00 Mercer Island PD 28 2 $1.300.00 Normandy Park PD 12 1 $500.00 Pacific PD 10 1 $500.00 Port of Seattle PD 108 4 $5,000.00 Redmond PD 71 3 $3,500.00 Renton PD 88 3 $3,500.00 Seattle PD 1,281 5 $8,000.00 • Snoquahnie PD 13 1 $500.00 Tukwila PD 67 3 $3,500.00 University of Washington 51 3 $3,500.00 Total 3,209 $69,400.00 RAIN ILA-2007 2008 RAIN sharable costs in 2008 will increase approximately 33.7% over 2007. This increase 1111 is due to adding Jail booking photos ($4,706.69), the new analytics capability completed in 2007 ($16,809.60) and a 3% allowable increase on site license maintenance rates. These ongoing sharable costs shall be divided among all participating agencies. The specific assessments outlined below are based on a commissioned officer model agreed to by both the RAIN Governance Board and the KCPCA general membership. This assessment is specific to 2008 and costs are subject to change as maintenance fees and shared elements increase. Again, annual software maintenance is subject to a 3% increase per annum. Sharable Element Costs (2008) Item Base Increase Adjusted Tax Total Cost BIS Site License Maintenance $41,200.00 3.0% $42A36.00 8.8% $46,170.37 FR Site License Maintenance $20,600.00 3.0% $21,218.00 8.8% $23,085.18 UDDI Server Replacement $2,000.00 $2,000.00 Jail BIS/FR Maintenance $4,200.00 3.0% $4,326.00 8.8% $4,706.69 Analytics Site License Maintenance $15,000.00 3.0% $15,450.00 8.8% $16,809.60 Total Sharable $92,771.84 Cost Sharing Model • Level 1 (001 to 025 officers)= $668.50 • Level 4(101 to 200 officers)= $6,685.00 • Level 2 (026 to 050 officers)= $1,738.10 • Level 5 (201 and over)= $10,696.00 • Level 3 (051 to 100 officers)= $4.679.50 Based on this model, the participating RAIN agencies are assessed the following in 2008. Ill Assessments (2008) Agency #Commissioned Level 2008 Assessment Algona PD 6 1 $668.50 Auburn PD 85 3 $4.679.50 Bellevue PD 172 4 $6,685.00 Black Diamond PD 11 1 $668.50 Bothell PD 53 3 $4,679.50 Clyde Hill PD 7 1 $668.50 Des Moines PD 39 2 $1,738.10 Duvall PD 13 1 $668.50 Enumclaw PD 22 1 $668.50 Federal Way PD 111 4 $6,685.00 Issaquah PD 28 2 $1,738.10 Kent PD 116 4 $6,685.00 King County Sheriff's Office 723 5 $10,696.00 Kirkland PD 63 3 $4,679.50 Lake Forest Park PD 22 1 $668.50 Medina PD 9 1 $668.50 Mercer Island PD 28 2 $1,738.10 Normandy Park PD 12 1 $668.50 Pacific PD 10 1 $668.50 Port of Seattle PD 108 4 $6,685.00 Redmond PD 71 3 $4,679.50 Renton PD 88 3 $4,679.50 Seattle PD 1,281 5 $10,696.00 Snoqualmie PD 13 1 $668.50 Tukwila PD 67 3 $4,679.50 III University of Washington 51 3 $4,679.50 Total 3,209 $92,787.80 RAIN ILA-2007 CITY OF RENTON, WASHINGTON • RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE INTERLOCAL AGREEMENT AMONG THE PARTICIPATING LAW ENFORCEMENT AGENCIES FORMING A REGIONAL AUTOMATED INFORMATION NETWORK(RAIN) WHEREAS, RCW 39.34 permits governmental units to enter into Interlocal Cooperative Agreements; and WHEREAS, law enforcement agencies can better protect the public by sharing information through a regional automated records management system; and WHEREAS, a regional automated records management system can help protect law enforcement officers by giving them information important to their safety while out on the street; • and WHEREAS, a regional automated records management system can connect to other parts of the Criminal Justice System and, thereby, improve effectiveness and efficiency; and WHEREAS, the Regional Automated Information Network is such an automated records management system; and WHEREAS, the City of Renton and numerous King County cities desire to enter into an Interlocal Cooperative Agreement in order to participate in such a records management system; NOW, THEREFORE, the City Council of the City of Renton, Washington, Does Resolve as Follows: SECTION I. The above recitals are true and correct in all respects. • 1 . 1 RESOLUTION NO. SECTION H. The Mayor and City Clerk are authorized to sign the Interlocal III Agreement Among The Participating Law Enforcement Agencies Forming a Regional Automated Information Network(RAIN). PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Dennis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney III RES. 1267:05/10/07:ch 411 2 CITY OF RENTON COUNCIL AGENDA BILL A114: o / t. • Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Transportation Systems Division January 7, 2008 Staff Contact Jim Seitz, Transportation Planning Agenda Status Ext. 7245 Consent X Subject: Public Hearing.. Approval of Amendment to Agreement GCA-5522 Correspondence.. Between the Washington State Department of Ordinance Transportation (WSDOT) and the City of Renton Resolution X (CAG-07-178) Old Business Exhibits: New Business X Issue Paper Study Sessions Agreement GCA-5522 Information Amendment to Agreement GCA-5522 Intersection Safety & Mobility Program (TIP #15) Project Sheet Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept Fiscal Impact (Account 317.012601) Expenditure Required... $45,000 Transfer/Amendment Amount Budgeted.. $45,000 Revenue Generated . Amount Needed City Share Total Project. SUMMARY OF ACTION: On June 23, 2006,the City of Renton contributed $75,000 (received from a federal grant) to WSDOT to assist the state in the work required for the replacement of a signal pole and mast, replacement of a signal cabinet and wiring, and other safety improvements at the intersection of SR 900 and the I-405 on and off ramps. WSDOT advertised the project in spring 2007 as part of a larger paving project along SR 900 from Garden Avenue North to Harrington Avenue NE. Unfortunately,the bids were approximately 38 percent above the engineer's estimate. Therefore, WSDOT rejected all bids and re-advertised the project in November 2007. WSDOT opened bids again in late November and received bids within the engineer's estimate and is moving forward to award the project in early 2008. Unfortunately, the City of Renton's portion of the project was higher than the $100,000 limit that the City agreed to contribute to the project. Staff is recommending that we increase this limit by$20,000 to $120,000. The City will only pay for the actual cost up to the $120,000 maximum contribution. Funding for this project will come from the Intersection Safety and Mobility Program (TIP #15 attached) and will have no financial impact on any other programmed project. Approving the attached agreement will commit the City of Renton to pay up to an additional $45,000 for the signal work. Based upon the new engineer's cost estimate (Exhibit B) the cost of the work will now be approximately $116,000. STAFF RECOMMENDATION: • Authorize the Mayor and City Clerk to execute Amendment to Agreement GCA-5522 between WSDOT and the City of Renton. H:\File Sys\TRP-Transportation Planning&Programming\TRP-10-Transportation Planning Projects\Agreement GCA-5522agenda bill-revl.doc -s`SY 0 PLANNINGBUILDING/ • A% ® ‘e PUBLIC WORKS DEPARTMENT DAIL MEMORANDUM DATE: January 7, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayor''' DL FROM: Gregg Zimmerman'"PBPW Administrator SUBJECT: Approval of Amendment to Agreement GCA-5522 Between the Washington State Department of Transportation (WSDOT) and the City of Renton (CAG-07-178) ISSUE: Should Council authorize the Mayor and City Clerk to sign an Amendment to Agreement GCA-5522 between the Washington State Department of Transportation(WSDOT) and the City of Renton? RECOMMENDATION: Authorize the Mayor and City Clerk to execute an Amendment to Agreement GCA-5522 between WSDOT and the City of Renton. BACKGROUND: On June 23, 2006, the City of Renton contributed $75,000 (received from a federal grant)to WSDOT to assist the state in the work required for the replacement of a signal pole and mast, replacement of a signal cabinet and wiring, and other safety improvements at the intersection of SR 900 and the I-405 on and off ramps. WSDOT advertised the project in spring 2007 as part of a larger paving project along SR 900 from Garden Avenue North to Harrington Avenue NE. Unfortunately, the bids were approximately 38 percent above the engineer's estimate. Therefore, WSDOT rejected all bids and re-advertised the project in November 2007. WSDOT opened bids again in late November and received bids under the engineer's estimate and is moving forward to award the project in early 2008. Unfortunately,the City of Renton's portion of the project was higher than the $100,000 limit that the City agreed to contribute to the project. Staff is recommending that we increase this limit by$20,000 to $120,000. The City will only pay for the actual cost up to the $120,000 maximum contribution. 111 Marcie Palmer,Council President Members of the Renton City Council Page 2 of 2 January 7,2008 • Funding for this project will come from the Intersection Safety and Mobility Program (TIP #15) and will have no financial impact on any other programmed project. By approving the attached amendment the City of Renton will be agreeing to pay up to an additional $45,000 for the signal work. Based upon the new engineer's cost estimate the cost of the work will now be approximately $116,000. cc: Peter Hahn,Deputy PBPW Administrator—Transportation Jim Seitz,Transportation Planning and Programming Supervisor Chris Barnes,Transportation Operations Manager Connie Brundage,Transportation Administrative Secretary File • • H\File Sys\TRP-Transportation Planning&Programming\TRP-10-Transportation Planning Projects\Agreement GCA-5522 issue paper-revl doc CAG-07-17,8 AGREEMENT GCA-5522 • R- 00 1-405 Vicinityto Harrington AVE NE S 9 g Signal Modification and Raised Traffic Island Additional Cost THIS AGREEMENT is entered into by the CITY OF RENTON, 1055 South Grady Way, Renton, WA 98057, a municipal corporation, hereinafter referred to as the "CITY", and the STATE OF WASHINGTON, DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "STATE", collectively referred to as the "PARTIES" and individually referred to as the"PARTY". WHEREAS, the STATE is proposing a project to improve SR 900 in the vicinity of I-405 to Harrington Avenue NE hereinafter referred to as the "PROJECT", and; WHEREAS, a portion of the PROJECT is located within the CITY's corporate limits; and WHEREAS, the CITY desires to assist the STATE in the work required for the replacement of a signal pole and mast, replacement of a signal cabinet and wiring, addition of detection loops, and other related work on the PROJECT; and 41) WHEREAS, the CITY has agreed to fund the construction of these improvements, and WHEREAS, the cost of constructing the improvements has been determined to be greater than the $75,000 original estimate. NOW, THEREFORE, by virtue of RCW 47.28.140 and in consideration of the temis, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, it is mutually agreed as follows: I. GENERAL The STATE, agrees to perform the work described in Exhibit "A", Work to be Performed (hereinafter"WORK"), attached hereto and by this reference made a part of this AGREEMENT Once the STATE determines that the work has been completed, the STATE shall notify the CITY by written letter sent to the CITY's contact listed in section VI. Notification. The CITY agrees, upon satisfactory completion of the WORK, to deliver a letter of acceptance to the STATE which shall include a release and waiver of all future claims or demands of any nature resulting from the performance of the work under this AGREEMENT. If a letter of acceptance is not received by the STATE within 90 days following completion of the work, the WORK will be considered accepted by the CITY and the STATE shall be automatically released from all future claims and demands of any nature resulting from performance of the WORK under this AGREEMENT. GCA 5522 Page 1 of 5 • of these procedural steps before seeking to resolve disputes in a court of law or any other forum. V. EFFECTIVENESS AND DURATION • This AGREEMENT is effective upon execution by both PARTIES and will remain in effect until December 31, 2008, unless otherwise supplemented or terminated. VI. NOTIFICATION Any notice required or permitted to be given pursuant to the AGREEMENT shall be in writing and shall be sent postage prepaid by U.S. Mail, return receipt requested, to the following addresses unless otherwise indicated by the PARTIES to the AGREEMENT: To the STATE: Josh Cheatham Project Engineer Washington State Dept. of Transportation 21851 84th Avenue South Kent, Washington 98032 To the CITY: Jim Seitz Transportation Planning Manager City of Renton 5th Floor, EDNSP 1055 South Grady Way Renton, WA 98057 VII. RECORDS RETENTION AND AUDIT During the progress of the work and for a period not less than three (3) years from the date of final payment to the STATE, the records and accounts pertaining to the project and accounting thereof are to be kept available for inspection and audit by the CITY, and the Federal Government and copies of all records, accounts, documents, or other data pertaining to the project will be furnished upon request. If any litigation, claim, or audit is commenced, the records and accounts along with supporting documentation shall be retained until all litigation, claim, or audit finding has been resolved even though such litigation, claim, or audit continues past the 3-year retention period. VIII. TERMINATION This AGREEMENT may be terminated by either PARTY upon 30 days advanced written notice. Neither PARTY shall incur any new obligations for the terminated portion of this AGREEMENT after the effective termination date and shall cancel as many obligations as possible. The CITY shall be responsible for all non-cancelable obligations properly incurred up to the effective date of termination. • GCA 5522 Page 3 of 5 IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT as of the 11 t Ill latest date written below. CITY OF RENTON STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION -7 :/ca4 By By Kathy Keolker Craig J. Stone, P.E. Mayor, City of Renton UCO Deputy Administrator io- 1-%- 0, /® - io -may . Date Date APPROVED AS TO FORM: APPROVED AS TO FORM: ignature Sign. re Lawrence J. Warren t7i 24c - By4-(print) By(print) J City Attorney Assistant Attorney General Title Office of the Attorney General 0et9l)-CAJ '6Z00 7 Cf— 21 -07 Date Date Attest: Bonnie I. Walton, City Clerk • GCA 5522 Page 5 of 5 GCA 5522 Exhibit B SR 900, I-405 Vicinity to Harrington Avenue NE Cost Estimate NUMBER OF COST PER ORIGINAL ADDITIONAL TOTAL ITEM UNIT UNITS UNIT COST COST COST EROSION/WATER POLLUTION CONTROL EST. EST. EST. $4,000.00 $0.00 $4,000.00 TYPE A BLOCK TRAFFIC CURB L.F. 237 15 $3,555.00 $0.00 $3,555.00 TRAFFIC SYSTEM AND ILLUMINATION SYSTEM. 405-NB RAMP L.S. L.S. L.S. $36,900.00 $15,100.00 $52,000.00 PROJECT TEMPORARY TRAFFIC CONTROL L.S. L.S. L.S. $12,800.00 $3,580.00 $16,380.00 TYPE B PROGRESS SCHEDULE L.S. L.S. L.S. $220.00 $0.00 $220.00 SPCC PLAN L.S. L.S. L.S. $250.00 $0.00 $250.00 Sub-total A $57,725.00 $18,680.00 $76,405.00 Mobilization (8% Sub-total A) $4,618.00 $1,494.40 $6,112.40 Sub-total B $62,343.00 $20,174.40 $82,517.40 Const. Engr. (16% of Sub-total C) & Contingencies (4%) $12,468.60 $4,034.88 $16,503.48 TOTAL $74,811.60 $24,209.28 $99,020.88 SR 900 1-405 VIC to Harrington Avenue NE • Exhibit B- Eete of Cost 0S522 4 I ' AGREEMENT GCA 5522 411 SR-900 I-405 Vicinity to Harrington AVE NE Signal Modification and Raised Traffic Island Additional Cost • Amendment#1 THIS AMENDMENT#1 made this day of 2007,to that certain Agreement GCA 5522, SR-900 1-405 Vicinity to Harrington Ave NE, Signal Modification and Raised Traffic Island Additional Cost, (hereinafter the"AGREEMENT")dated October 10,2007,between the CITY OF RENTON, 1055 South Grady Way,Renton,WA 98057,a municipal corporation,hereinafter referred to as the"CITY",and the STATE OF WASHINGTON,DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the"STATE",collectively referred to as the"PARTIES"and individually referred to as the"PARTY". WHEREAS,the PARTIES desire to amend the AGREEMENT to adjust the funding limits following review of the contract bids,pursuant to the provisions of Section I of the AGREEMENT. NOW THEREFORE,in consideration of the terms,conditions,covenants,and performance contained herein,or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: 1. Exhibit"B",Cost Estimate is amended and superseded by Exhibit`B-1",Cost Estimate,attached hereto and made by this reference part of this AMENDMENT#1. • 2. The paragraph at the end of Section I of the AGREEMENT that states: "The CITY has contributed$75,000 to the PROJECT by the `Transfer of Lead Agency' letter dated June 23,2006,which was based on the original cost estimate show in Exhibit B. The updated cost estimate, also shown on Exhibit B,requires an additional$25,000 be provided by the CITY to cover total expected construction costs. Therefore,the CITY shall incur all costs over the$75,000 already contributed for the WORK,up to a total additional amount not to exceed$25,000. If the contract bids for the WORK exceed $100,000,the STATE and the CITY will evaluate either supplementing this agreement or deleting work from the PROJECT" is hereby amended to state: "The CITY has contributed$75,000 to the PROJECT by the `Transfer of Lead Agency' letter dated June 23,2006,which was based on the original cost estimate show in Exhibit B-1. The actual bid amount,also shown on Exhibit B-1,requires an additional$45,000 • be provided by the CITY to cover total expected construction costs. Therefore,the CITY shall incur all costs over the$75,000 already contributed for the WORK,up to a total additional amount not to exceed$45,000. If the actual cost of the WORK exceeds $120,000,the STATE and the CITY will evaluate either supplementing this agreement or deleting work from the PROJECT." 3. All other terms and conditions of the AGREEMENT shall remain in full force and effect except as modified by mutual supplemental agreement. 110 GCA 5522 12/11/2007 Amendment#1 IN WITNESS WHEREOF,the Parties hereto have executed this AMENDMENT#1 as of the day and • year first above written. WASHINGTON STATE DEPARTMENT CITY OF RENTON OF TRANSPORTATION By By Title: Title: Date: Date: APPROVED AS TO FORM By Title: Date: • • GCA 5522 12/11/2007 Amendment#1 • • • GCA 5522 Exhibit B-1 SR 900, I-405 Vicinity to Harrington Avenue NE Cost Estimate ORIGINAL AGREEMENT AMENDMENT#1 ORIGINAL ADDITIONAL TOTAL ACTUAL BID ITEM COST COST COST AMOUNT EROSION/WATER POLLUTION CONTROL $4,000.00 $0.00 $4,000.00 $2,500.00 TYPE A BLOCK TRAFFIC CURB $3,555.00 $0.00 $3,555.00 $2,844.00 TRAFFIC SYSTEM AND ILLUMINATION SYSTEM-405-NB RAMP $36,900.00 $15,100.00 $52,000.00 $61,000.00 PROJECT TEMPORARY TRAFFIC CONTROL $12,800.00 $3,580.00 $16,380.00 $20,000.00 TYPE B PROGRESS SCHEDULE $220.00 $0.00 $220.00 $5,000.00 SPCC PLAN $250.00 $0.00 $250.00 $1,500.00 Sub-total A $57,725.00 $18,680.00 $76,405.00 $92,844.00 Mobilization (8% Sub-total A) $4,618.00 $1,494.40 $6,112.40 $3,500.00 Sub-total B $62,343.00 $20,174.40 $82,517.40 $96,344.00 Const. Engr. (16% of Sub-total C) & Contingencies (4% $12,468.60 $4,034.88 $16,503.48 $19,268.80 TOTAL $74,811.60 $24,209.28 $99,020.88 $115,612.80 SR 900 1-405 VIC to Harrington Avenue NE GCA 5522 Exhibit B-1 - Estimate of Cost Amendment#1 CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS TRANSPORTATION SYSTEMS DIVISION 2008-2013 SIX-YEAR TIP Intersection Safety & Mobility Program Functional Classification: N/A Fund: 317 Proj.Length: N/A Proj: 12601 TIP No. 15 CONTACT: Bob Cavanaugh 425.430.7222 DESCRIPTION: STATUS: This program will design and construct traffic signals identified by the transportation system traffic signal The priorities and schedules for new traffic signals will be set by the transportation system priority needs list, including intersection improvements. Intersections without signalized traffic control will traffic signal warrant priority list. The list is determined by citizen concerns,intersection be evaluated. safety,mobility needs, and intersections that meet MUTCD traffic signal warrants. JUSTIFICATION: CHANGES: Historically,on the average, one traffic signal is designed and constructed every two years to meet safety Traffic signals high on the warrant priority list include: NE Sunset Blvd&Hoquiam Ave NE, and mobility needs. This program budgets for projects needed to meet increasing demand, and the need SW 41st St&Oakesdale Ave SW,S Carr Road&Mill Ave S,SW 34th St&Lind Ave SW, for signalized traffic control. Elements used to prioritize project intersections may include vehicular and S 55th St&Talbot Rd. approach volumes,accident analysis,signal-warrant analysis,and pedestrian volume. (Funded : 11,880,000 'Unfunded : 120,000 Project Totals Programmed Pre-2008 Six-Year Program _ ITEM Programmed Spent in 2006 2007 Total 2008 2009 2010 2011 2012 2013 _ EXPENSES: Project Development Precon Eng/Admin 206,000 26,000 180,000 50,000 26,000 26,000 26,000 26,000_ 26,000 R-O-W(includes Admin) Construction Contract 1,512,000 202,000 1,310,000 300,000 202,000- 202,000 202,000 202,000 202,000 Construction Eng/Admin 182,000, 22,000 160,000 , 50,D00 22,000 22,000 22,000 22,000-, 22,000 Other TOTAL EXPENSES 1,900,000 250,000 1,650,000 400,000 250,000, 250,000 250,000 250,000 250,000 SOURCE OF FUNDS: - - Vehicle Fuel Tax Business License Fee 1,200,000 50,000 1,150,000 50,000 200,000 200,000 200,000 250,000 250,000 Proposed Fund Balance 400,000. 200,000, 200,000 200,000 Grants In-Hand Mitigation In-Hand 230,000 230,000 150,000 50,000 30,000 Vehicle Fuel Tax 50,000 50,000 50„000 Other In-Hand Grants Proposed . Mitigation Proposed L.I.D.'s Proposed Other Proposed . Undetermined 20,000 20,000 20,000 TOTAL SOURCES 1,900,000 250,000 1,650,000 400,000 250,000 250,000 250,000 250,000 250,000 Imes Saley 0821/2007 12.38 PM 5-15 FINAL CITY OF RENTON COUNCIL AGENDA BILL AI#: n J ._ •Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/BoardTransportation Systems Division January 7, 2008 Staff Contact Jim Seitz, Transportation Planning Agenda Status Ext. 7245 Consent X Subject: Public Hearing.. Houser Way South—Main Avenue South to Burnett Correspondence.. Avenue South—Approval of Agreements Between the Ordinance BNSF Railway Company and the City of Renton Resolution Old Business Exhibits: New Business X Issue Paper Study Sessions BNSF General Construction Agreement Information BNSF Crossing Surface Installation Agreement Houser Way (TIP #37) Project Sheet Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept Fiscal Impact (Account 317.012213) Expenditure Required... $1,100,000 Transfer/Amendment Amount Budgeted. $350,000 Revenue Generated Amount Needed $750,000 City Share Total Project. SUMMARY OF ACTION: IIIThe Houser Way South project improvements have been on the City of Renton Six-Year TIP for many years. This segment of roadway between Main Avenue South and Burnett Avenue South has a pavement condition rating in the single digits(out of a possible 100 points). Pedestrians and bicyclists often complain about the uneven surface and how slippery the existing rubber crossing panels are, especially when they are wet or icy. In the 2008-2013 Six-Year TIP staff staged the project starting in 2009 and proposed to complete it in 2011. However,during the 2008 budget cycle,the City Council amended the 2008 TIP to move the project forward to 2008. Following the Council action staff met with BNSF to begin planning for the improvements. As a result of that meeting BNSF proposed that all the work be completed now while the rail line is closed to rail traffic. This would be the opportune time in terms of the least cost and impact to both the rail traffic, nearby businesses and their customers, and the general public. Approving the attached agreements will commit the City of Renton to paying BNSF up to$1,100,000 for installing concrete crossing panels on Houser Way South from Main Avenue South to Burnett Avenue South. The current project budget is$350,000, so staff is proposing to use unprogrammed funds from Fund 305 and Fund 317 to come up with the additional$750,000 needed to complete the project this year. This will deplete all unprogrammed funds from Fund 305 and Fund 317, so any new project,cost overruns and/or higher than expected bids on currently programmed projects will need to be funded by another funding source such as the general fund. Staff had planned on using these unprogrammed funds for current project contingency and potentially higher than expected bids for future projects such as the Duvall Avenue NE project. • STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute a General Construction Agreement and a Crossing Surface Installation Agreement between the BNSF Railway Company and the City of Renton. H:\File Sys\TRP-Transportation Planning&Programming\TRP-10-Transportation Planning Projects\BNSF Construction Agreement agenda bill.doc ti`SY O PLANNINGBUILDING/ ® PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: January 7, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayor 41.114( aV FROM: Gregg ZimmermaBPW Administrator SUBJECT: Houser Way South—Main Avenue South to Burnett Avenue South—Approval of Agreements Between the BNSF Railway Company and the City of Renton ISSUES: Should Council authorize the Mayor and City Clerk to sign a General Construction Agreement and a Crossing Surface Installation Agreement between the BNSF Railway Company and the City of Renton? • RECOMMENDATIONS: Authorize the Mayor and City Clerk to execute a General Construction Agreement and a Crossing Surface Installation Agreement between the BNSF Railway Company and the City of Renton. BACKGROUND: The Houser Way South project improvements have been on the City of Renton Six-Year TIP for many years. This segment of roadway between Main Avenue South and Burnett Avenue South has a pavement condition rating in the single digits out of a possible rating of 100 points. Pedestrians and bicyclists often complain about the uneven surface and how slippery the existing rubber crossing panels are especially when they are wet and icy. In the 2008-2013 Six-Year TIP staff staged the project starting in 2009 and proposed to complete it in 2011. However, during the 2008 budget cycle, the City Council amended the 2008 CIP to move the project forward to 2008. Following the Council action, staff met with BNSF to begin planning for the improvements. As a result of that meeting BNSF proposed that all the work be completed now while the rail line is closed to rail traffic. This would be the opportune time in terms of the least cost and impact to both the rail • traffic, nearby businesses and their customers, and the general public. Marcie Palmer, Council President Members of the Renton City Council Page 2 of 2 January 7, 2008 • Approving the attached agreements will commit the City of Renton to paying BNSF up to $1,100,000 for installing concrete crossing panels on Houser Way South from Main Avenue South to Burnett Avenue South. The current project budget is $350,000, so staff is proposing to use unprogrammed funds from Fund 305 and Fund 317 to come up with the additional $750,000 needed to complete the project this year. This will deplete all unprogrammed funds from Fund 305 and Fund 317, so any new projects, cost overruns and/or higher than expected bids on currently programmed projects will need to be funded by another funding source such as the general fund. Staff had planned on using these unprogrammed funds for current project contingency and potentially higher than expected bids for future projects such as the Duvall Avenue NE project. cc: Peter Hahn,Deputy PBPW Administrator—Transportation • Mike Stenhouse,Maintenance Services Director Jim Seitz,Transportation Planning and Programming Supervisor Bob Hanson,Transportation Design Supervisor Juliana Fries,Transportation Project Coordinator Connie Brundage, Transportation Administrative Secretary • H\File Sys\TRP-Transportation Planning&Programming\TRP-I 0-Transportation Planning Projects\BNSF Construction Agreement tissue Paper.doc LAW DEPARTMENT APPROVED S GENERAL CONSTRUCTION AGREEMENT (FOR CONSTRUCTION PROJECTS PERFORMED BY AN AGENCY'S CONTRACTOR ON OR ADJACENT TO BNSF'S PROPERTY) This General Construction Agreement("Agreement")is entered into effective as of 200 ,by and between ("Contractor"),and BNSF RAILWAY COMPANY("Railway"). WHEREAS,Railway operates a freight transportation system by rail with operations throughout the United States and Canada;and WHEREAS, [insert the appropriate state/municipal agency here] desires Contractor to perform certain construction services adjacent to and upon Railway's right of way and/or property, and Contractor is willing to perform such services. NOW, THEREFORE, in consideration of Railway entering this Agreement with Contractor and granting Contractor permission to enter upon the Premises(defined herein),Contractor agrees with Railway as follows: SECTION 1. SCOPE OF SERVICES Contractor[and/or Agency] will perform the following services,hereinafter described as "Work": Provide a hot mix asphalt overlay between the newly installed concrete crossing panels and the face of the curbs on the north and south side of Houser Way between Main Avenue South and Burnett Avenue South . Performance of the Work will necessarily require Contractor to enter Railway's right of way and property ("Premises"). Contractor agrees that no work will be commenced on the Premises until ( i) this Agreement is executed by both Contractor and Railway;and(ii)Contractor provides the Railway with the insurance contemplated herein. Contractor further agrees that if this Agreement is not executed by the owner, general partner, president or vice-president of Contractor, Contractor will furnish Railway with evidence certifying that the signatory is empowered to execute this Agreement. SECTION 2. PAYMENT OF FEES [state/municipal agency] will be responsible for paying Contractor for the Work performed under this Agreement. SECTION 3. RELEASE OF LIABILITY AND INDEMNITY Contractor hereby waives,releases, indemnifies, defends and holds harmless Railway for, from and against all judgments, awards, claims, demands, and expenses (including attorney's fees), for injury or death to all persons, including Railway's and Contractor's officers and employees, and for loss and damage to property belonging to any person,arising in any manner from Contractor's or any of Contractor's subcontractors'acts or omissions or any work performed on or about Railway's property or right of way. THE LIABILITY ASSUMED BY CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DESTRUCTION, DAMAGE, DEATH, OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF RAILWAY, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF RAILWAY. . THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR INCLUDES ANY CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE FEDERAL 1 Form 0101 Rev. 09/15/05 EMPLOYEE'S LIABILITY ACT INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY APPLIANCE ACT OR THE BOILER INSPECTION ACT,WHENEVER SO CLAIMED. • Contractor further agrees, at its expense, in the name and on behalf of Railway,that it will adjust and settle all claims made against Railway, and will, at Railway's discretion, appear and defend any suits or actions of law or in equity brought against Railway on any claim or cause of action arising or growing out of or in any manner connected with any liability assumed by Contractor under this Agreement for which Railway is liable or is alleged to be liable.Railway will give notice to Contractor,in writing, of the receipt or pendency of such claims and thereupon Contractor must proceed to adjust and handle to a conclusion such claims, and in the event of a brought against Railway,Railway may forward summons and complaint or other process in connection therewith to Contractor, and Contractor, at Railway's discretion, must defend, adjust, or settle such suits and protect, indemnify, and save harmless Railway from and against all damages,judgments, decrees, attorney's fees, costs, and expenses growing out of or resulting from or incident to any such claims or suits. It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in this Agreement will survive any termination of this Agreement. SECTION 4. INSURANCE. Contractor must, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: (a) Commercial General Liability insurance. This insurance must contain broad form contractual liability with a combined single limit of a minimum of$2,000,000 each occurrence and an aggregate limit of at least $ 4,000,000. Coverage must be purchased on a post 1998 ISO occurrence form or equivalent and include coverage for,but not limited to,the following: • Bodily Injury and Property Damage • Personal Injury and Advertising Injury • • Fire legal liability • Products and completed operations This policy must also contain the following endorsements,which must be indicated on the certificate of insurance: • It is agreed that any workers' compensation exclusion does not apply to Railroad payments related to the Federal Employers Liability Act or a Railroad Wage Continuation Program or similar programs and any payments made are deemed not to be either payments made or obligations assumed under any Workers Compensation, disability benefits, or unemployment compensation law or similar law. • The defmition of insured contract must be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. • Any exclusions related to the explosion,collapse and underground hazards must be removed. No other endorsements limiting coverage as respects obligations under this_Agreement may be included on the policy. (b) Business Automobile Insurance. This insurance must contain a combined single limit of at least per occurrence,and include coverage for,but not limited to the following: $1,000,000 g • Bodily injury and property damage • Any and all vehicles owned,used or hired (c) Workers Compensation and Employers Liability insurance including coverage for,but not limited to: • Contractor's statutory liability under the worker's compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. • 2 Form 0101 Rev.09/15/05 • • Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by • disease policy limit,$500,000 by disease each employee. (d) Railroad Protective Liability insurance naming only the Railroad as the Insured with coverage of at least$2,000,000 per occurrence and$6,000,000 in the aggregate. The policy must be issued on a standard ISO form CG 00 35 10 93 and include the following: • Endorsed to include the Pollution Exclusion Amendment(ISO form CG 28 31 10 93) • Endorsed to include the Limited Seepage and Pollution Endorsement • Endorsed to include Evacuation Expense Coverage Endorsement • No other endorsements restricting coverage may be added • The original policy must be provided to the Railroad prior to performing any work or services under this Agreement Other Requirements: All policies (applying to coverage listed above) must not contain an exclusion for punitive damages and certificates of insurance must reflect that no exclusion exists. Contractor agrees to waive its right of recovery against Railroad for all claims and suits against Railroad. In addition, its insurers, through the terms of the policy or policy endorsement, waive their right of subrogation against Railroad for all claims and suits. The certificate of insurance must reflect the waiver of subrogation endorsement. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation against Railroad for loss of its owned or leased property or property under contractor's care,custody or control. Contractor's insurance policies through policy endorsement, must include wording which states that the policy will be primary and non-contributing with respect to any insurance carried by Railroad. The certificate of insurance must reflect that the above wording is included in evidenced policies. • All policy(ies) required above (excluding Workers Compensation and if applicable, Railroad Protective) must include a severability of interest endorsement and Railroad must be named as an additional insured with respect to work performed under this agreement. Severability of interest and naming Railroad as additional insured must be indicated on the certificate of insurance. Contractor is not allowed to self-insure without the prior written consent of Railroad. If granted by Railroad, any deductible, self-insured retention or other financial responsibility for claims must be covered directly by contractor in lieu of insurance. Any and all Railroad liabilities that would otherwise, in accordance with the provisions of this Agreement, be covered by Contractor's insurance will be covered as if Contractor elected not to include a deductible,self-insured retention or other financial responsibility for claims. Prior to commencing the Work, contractor must furnish to Railroad an acceptable certificate(s) of insurance including an original signature of the authorized representative evidencing the required coverage, endorsements, and amendments and referencing the contract audit/folder number if available. The policy(ies)must contain a provision that obligates the insurance company(ies) issuing such policy(ies)to notify Railroad in writing at least 30 days prior to any cancellation, non-renewal, substitution or material alteration. This cancellation provision must be indicated on the certificate of insurance. Upon request from Railroad, a certified duplicate original of any required policy must be furnished. Contractor should send the certificate(s)to the following address: BNSF RISK MANAGEMENT 2500 Lou Menk Drive AOB-1 Fort Worth,TX 76131-2828 Fax: 817-352-7207 41111 3 Form 0101 Rev.09/15/05 Any insurance policy must be written by a reputable insurance company acceptable to Railroad or with a • current Best's Guide Rating of A-and Class VII or better, and authorized to do business in the state(s) in which the service is to be provide. Contractor represents that this Agreement has been thoroughly reviewed by contractor's insurance agent(s)/broker(s), who have been instructed by contractor to procure the insurance coverage required by this Agreement. Allocated Loss Expense must be in addition to all policy limits for coverages referenced above. Railroad may reasonably modify the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry. If any portion of the operation is to be subcontracted by contractor, contractor must require that the subcontractor provide and maintain the insurance coverages set forth herein, naming Railroad as an additional insured, and requiring that the subcontractor release, defend and indemnify Railroad to the same extent and under the same terms and conditions as contractor is required to release,defend and indemnify Railroad herein. Failure to provide evidence as required by this section will entitle, but not require, Railroad to terminate this Agreement immediately. Acceptance of a certificate that does not comply with this section will not operate as a waiver of contractor's obligations hereunder. The fact that insurance (including, without limitation, self-insurance) is obtained by contractor will not be deemed to release or diminish the liability of contractor including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad will not be limited by the amount of the required insurance coverage. For purposes of this section, Railroad means "Burlington Northern Santa Fe Corporation", "BNSF RAILWAY COMPANY"and the subsidiaries,successors,assigns and affiliates of each. SECTION 5.CONTRACTOR REQUIREMENTS 410 (a) While on or about the Premises, Contractor must fully comply with Railway's Contractor Requirements set forth on Exhibit "C" attached to and made a part of this Agreement. The Contractor Requirements , include clearance requirements and personal protective equipment requirements. Contractor will be responsible for becoming familiar with Railway's "Contractor Requirements". (b)Prior to entering the Premises, each person providing labor,material,supervision,or services connected with the Work to be performed on or about the Premises must complete the safety training program (hereinafter called, "Railway Contractor Safety Orientation") at the following internet website: "conractororientation.com". Contractor must ensure that each of its employees, subcontractors, agents or invitees completes the Railway Contractor Safety Orientation before any Work is performed under this Agreement. Additionally, Contractor must ensure that each and every employee of Contractor, its subcontractors, agents or invitees possesses a card certifying completion of the Railway Contractor Safety Orientation prior to entering the Premises. Contractor must renew the Railway Contractor Safety Orientation annually. (c) Prior to entering the Premises, the Contractor must prepare and implement a safety action plan acceptable to Railway. Contractor must audit compliance with that plan during the course of Contractor's work. A copy of the plan and audit results must be kept at the work site and will be available for inspection by Railway at all reasonable times. (d)When not in use, Contractor's machinery and materials must be kept at least 50 feet from the centerline of Railway's nearest track. Contractor must not cross Railway's tracks except at existing open public crossings. SECTION 6 INDEPENDENT CONTRACTOR Contractor is considered an independent contractor under this Agreement and neither Contractor nor any of its employees, subcontractors, agents or servants are considered employees of Railway in any respect. Contractor110 has the exclusive right and duty to control the work of its employees. All persons employed by Contractor or any of 4 Form 0101 Rev.09/15/05 its subcontractors under this Agreement are the sole employees of Contractor or its subcontractors. Contractor will • be given general directions and instructions regarding the Work to be performed under this Agreement; however, direct supervision of Contractor's employees will be Contractor's responsibility and obligation. SECTION 7.TRAIN DELAYS Contractor is responsible for and hereby indemnifies and holds harmless Railway (including its affiliated railway companies, and its tenants) for, from and against all damages arising from any unscheduled delay to a freight or passenger train which affects Railway's ability to fully utilize its equipment and to meet customer service and contract obligations. Contractor will be billed, as further provided below, for the economic losses arising from loss of use of equipment, contractual loss of incentive pay and bonuses and contractual penalties resulting from train delays, whether caused by Contractor, or subcontractors, or by the Railway performing work under this Agreement. Railway agrees that it will not perform any act to unnecessarily cause train delay. For loss of use of equipment, Contractor will be billed the current freight train hour rate per train as determined from Railway's records. Any disruption to train traffic may cause delays to multiple trains at the same time for the same period. Additionally, the parties acknowledge that passenger, U.S. mail trains and certain other grain, intermodal, coal and freight trains operate under incentive/penalty contracts between Railway and its customer(s). Under these arrangements, if Railway does not meet its contract service commitments, Railway may suffer loss of performance or incentive pay and/or be subject to penalty payments. Contractor is responsible for any train performance and incentive penalties or other contractual economic losses actually incurred by Railway which are attributable to a train delay caused by Contractor or its subcontractors. The contractual relationship between Railway and its customers is proprietary and confidential. In the event of a train delay covered by this Agreement,Railway will share information relevant to any train delay to the • extent consistent with Railway confidentiality obligations. Damages for train delay for certain trains may be as high as$50,000.00 per incident. Contractor and its subcontractors must give Railway's representative( ) weeks advance notice of the times and dates for proposed work windows. Railway and Contractor will establish mu tually agreeable work windows for the project. Railway has the right at any time to revise or change the work windows due to train operations or service obligations. Railway will not be responsible for any additional costs or expenses resulting from a change in work windows. Additional costs or expenses resulting from a change in work windows shall be accounted for in Contractor's expenses for the project. Contractor and subcontractors must plan,schedule,coordinate and conduct all Contractor's work so as to not cause any delays to any trains. 5 Form 0101 Rev. 09/15/05 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed as of the day and year first written above. 11111 BNSF Railway Company [Insert Contractor's Name] Signature: Signature: Printed Name: Printed Name: Title: Title: Contact Person: Address Fax: Phone: E-mail: • • Form 0101 Rev. 09/15/05 Exhibit "C" • (Insert Exhibit "C" (Form 0102) here] • • Form 0101 Rev. 09/15/05 LAW DEPARTMENT APPROVED • EXHIBIT "C" CONTRACTOR REQUIREMENTS 1.01 General • 1.01.01 The Contractor must cooperate with BNSF RAILWAY COMPANY, hereinafter referred to as "Railway" where work is over or under on or adjacent to Railway property and/or right-of-way, hereafter referred to as "Railway Property",during the construction of • 1.01.02 The Contractor must execute and deliver to the Railway duplicate copies of the Exhibit "C-1" Agreement, in the form attached hereto, obligating the Contractor to provide and maintain in full force and effect the insurance called for under Section 3 of said Exhibit"C-1". Questions regarding procurement of the Railroad Protective Liability Insurance should be directed to to Rosa Martinez at Marsh,USA,214-303-8519. • 1.01.03 The Contractor must plan, schedule and conduct all work activities so as not to interfere with the movement of any trains on Railway Property. • 1.01.04 The Contractor's right to enter Railway's Property is subject to the absolute right of Railway to cause the Contractor's work on Railway's Property to cease if, in the opinion of Railway, Contractor's activities create a hazard to Railway's Property,employees,and/or operations. • 1.01.05 The Contractor is responsible for determining and complying with all Federal, State:and Local Governmental laws and regulations, including,but not limited to environmental laws and regulations(including • but not limited to the Resource Conservation and Recovery Act, as amended; the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA), and health and safety laws and regulations. The Contractor hereby indemnifies, defends and holds harmless Railway for, from and against all fines or penalties imposed or assessed by Federal, State and Local Governmental Agencies against the Railway which arise out of Contractor's work under this Agreement. • 1.01.06 The Contractor must notify the(Agency)at and Railway's Manager Public Projects, telephone number( ) at least thirty(30)calendar days before commencing any work on Railway Property. Contractors notification to Railway,must refer to Railroad's file • 1.01.07 For any falsework above any tracks or any excavations located, whichever is greater, within twenty-five (25) feet of the nearest track or intersecting a slope from the plane of the top of rail on a 1 '/2 horizontal to 1 vertical slope beginning at eleven (11) feet from centerline of the nearest track, both measured perpendicular to center line of track, the Contractor must furnish the Railway five sets of working drawings showing details of construction affecting Railway Property and tracks. The working drawing must include the proposed method of installation and removal of falsework, shoring or cribbing, not included in the contract plans and two sets of structural calculations of any falsework, shoring or cribbing. All calculations must take into consideration railway surcharge loading and must be designed to meet American Railway Engineering and Maintenance-of-Way Association (previously known as American Railway Engineering Association) Coopers E-80 live loading standard.All drawings and calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located. The Contractor must not begin work until notified by the Railway that plans have been approved. The Contractor will be required to use lifting devices such as, cranes and/or winches to place or to remove any falsework over Railway's tracks. In no case will the Contractor be relieved of responsibility for results obtained by the implementation of said approved plans. • 1 Form 0102 Rev. 01/20/05 r • 1.01.08 Subject to the movement of Railway's trains, Railway will cooperate with the Contractor such that the • work may be handled and performed in an efficient manner. The Contractor will have no claim whatsoever for any type of damages or for extra or additional compensation in the event his work is delayed by the Railway. 1.02 Contractor Safety Orientation • 1.02.01 No employee of the Contractor,its subcontractors,agents or invitees may enter Railway Property without first having completed Railway's Engineering Contractor Safety Orientation, found on the web site www.contractororientation.com. The Contractor must ensure that each of its employees, subcontractors, agents or invitees completes Railway's Engineering Contractor Safety Orientation through internet sessions before any work is performed on the Project. Additionally, the Contractor must ensure that each and every one of its employees,subcontractors,agents or invitees possesses a card certifying completion of the Railway Contractor Safety Orientation before entering Railway Property. The Contractor is responsible for the cost of the Railway Contractor Safety Orientation. The Contractor must renew the Railway Contractor Safety Orientation annually. Further clarification can be found on the web site or from the Railway's Representative. 1.03 Railway Requirements • 1.03.01 The Contractor must take protective measures as are necessary to keep railway facilities, including track ballast, free of sand, debris, and other foreign objects and materials resulting from his operations. Any damage to railway facilities resulting from Contractor's operations will be repaired or replaced by Railway and the cost of such repairs or replacement must be paid for by the Agency. • 1.03.02 'The Contractor must notify the Railway's Division Superintendent at ( ) and provide blasting plans to the Railway for review seven.(7)calendar days prior to conducting any blasting operations adjacent to or on Railway's Property. • • • 1.03.03 The Contractor must abide by the following temporary clearances during construction: • 15' Horizontally from centerline of nearest track • 21'-6" Vertically above top of rail • 27'-0" Vertically above top of rail for electric wires carrying less than 750 volts • 28'-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts • 30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000 volts • 34'-0" Vertically above top of rail for electric wires carrying more than 20,000 volts • 1.03.04 Upon completion of construction,the following clearances shall be maintained: • 25' Horizontally from centerline of nearest track • 23'-3 '/2" Vertically above top of rail • 1.03.05 Any infringement within State statutory clearances due to the Contractor's operations must be submitted to the Railway and to the (Agency) and must not be undertaken until approved in writing by the Railway, and until the(Agency) has obtained any necessary authorization from the State Regulatory Authority for the infringement. No extra compensation will be allowed in the event the Contractor's work is delayed pending Railway approval,and/or the State Regulatory Authority's approval. • 1.03.06 In the case of impaired vertical clearance above top of rail, Railway will have the option of installing tell-tales or other protective devices Railway deems necessary for protection of Railway operations. The cost of tell-tales or protective devices will be borne by the Agency. • 1.03.07 The details of construction affecting the Railway's Property and tracks not included in the contract plans must mttt the Railway by (Agency) for approval before work is • undertaken andbe this subworkied must not be undertaken until approved by the Railway. 2 Form 0102 Rev.01/20/05 • 1.03.08 At other than public road crossings, the Contractor must not move any equipment or materials across Railway's tracks until permission has been obtained from the Railway. The Contractor must obtain a • "Temporary Private Crossing Agreement" from the Railway prior to moving his equipment or materials across the Railways tracks. The temporary crossing must be gated and locked at all times when not required for use by the Contractor.The temporary crossing for use of the Contractor will be at the expense of the Contractor. • 1.03.09 Discharge, release or spill on the Railway Property of any hazardous substances, oil, petroleum, constituents, pollutants, contaminants, or any hazardous waste is prohibited and Contractor must immediately notify the Railway's Resource Operations Center at 1(800) 832-5452, of any discharge, release or spills in excess of a reportable quantity. Contractor must not allow Railway Property to become a treatment, storage or transfer facility as those terms are defined in the Resource Conservation and Recovery Act or any state analogue. • 1.03.10 The Contractor upon completion of the work covered by this contract, must promptly remove from the Railway's Property all of Contractor's tools, equipment, implements and other materials, whether brought upon said property by said Contractor or any Subcontractor, employee or agent of Contractor or of any Subcontractor, and must cause Railway's Property to be left in a condition acceptable to the Railway's representative. 1.04 Contractor Roadway Worker on Track Safety Program and Safety Action Plan • 1.04.01 Each Contractor that will perform work within 25 feet of the centerline of a track must develop and implement a Roadway Worker Protection/On Track Safety Program and work with Railway Project Representative to develop an on track safety strategy as described in the guidelines listed in the on track safety portion of the Safety Orientation. This Program must provide Roadway Worker protection/on track training for all employees of the Contractor,,its subcontractor's, agents or invitees. This training is reinforced at the job site • through job safety briefings. Additionally, each Contractor must develop and implement the Safety Action Plan,. as provided for on the web site www.contractororientation.com, which will be made available to Railway prior to commencement of any work on Railway Property. During the performance of work, the Contractor must audit its work activities. The Contractor must designate an on-site Project Supervisor who will serve as the contact person for the Railway and who will maintain a copy of the Safety Action Plan, safety audits, and Material Safety Datasheets(MSDS),at the job site. 1.05 Protection of Railway Facilities and Railway Flagger Services: • 1.05.01 The Contractor must give Railway's Roadmaster (telephone ) a minimum of thirty (30) calendar days advance notice when flagging services will be required so that the Roadmaster can make appropriate arrangements(i.e.,bulletin the flagger's position). If flagging services are scheduled in advance by the Contractor and it is subsequently determined by the parties hereto that such services are no longer necessary, the Contractor must give the Roadmaster five(5)working days advance notice so that appropriate arrangements can be made to abolish the position pursuant to union requirements. • 1.05.02 Unless determined otherwise by Railway's Project Representative, Railway flagger and protective services and devices will be required and furnished when.Contractor's work activities are located over, under and/or within twenty-five (25) feet measured horizontally from centerline of the nearest track and when cranes or similar equipment positioned beyond 25-feet from the track centerline could foul the track in the event of tip over or other catastrophic occurrence,but not limited thereto for the following conditions: • 1.05.02a When in the opinion of the Railway's Representative it is necessary to safeguard Railway's Property, employees,trains,engines and facilities. • 1.05.02b When any excavation is performed below the bottom of tie elevation, if, in the opinion of Railway's representative,track or other Railway facilities may be subject to movement or settlement. • 1.05.02c When work in any way interferes with the safe operation of trains at timetable speeds. • 3 Form 0102 Rev.01/20/05 • 1.05.02d When any hazard is presented to Railway track, communications, signal, electrical, or other facilities • either due to persons,material,equipment or blasting in the vicinity. • 1.05.02e Special permission must be obtained from the Railway before moving heavy or cumbersome objects or equipment which might result in making the track impassable. • 1.05.03 Flagging services will be performed by qualified Railway flaggers. • I.05.03a Flagging crew generally consists of one employee. However,additional personnel may be required to protect Railway Property and operations, if deemed necessary by the Railways Representative. • 1.05.03b Each time a flagger is called,the minimum period for billing will be the eight(8)hour basic day. • 1.05.03c The cost of flagger services provided by the Railway, when deemed necessary by the Railways representative,will be borne by the(Agency) . The estimated cost for one(1)flagger is $800.00 for an eight (8) hour basic day with time and one-half or double time for overtime, rest days and holidays. The estimated cost for each flagger includes vacation allowance, paid holidays, Railway and unemployment insurance, public liability and property damage insurance, health and welfare benefits, transportation, meals, lodging and supervision. Negotiations for Railway labor or collective bargaining agreements and rate changes authorized by appropriate Federal authorities may increase actual or estimated flagging rates. The flagging rate in effect at the time of performance by the Contractor hereunder will be used to calculate the actual costs of flagging pursuant to this paragraph. • 1.05.03d The average train traffic on this route is freight trains per 24-hour period at a timetable speed MPH and passenger trains at a timetable speed of MPH. 1.06 Contractor General Safety Requirements • 1.06.01 Work in the proximityof railwaytrack(s)is potentiallyhazardous where movement of trains and equipment can occur at any time and in any direction. All work performed by contractors within 25 feet of any track must be in compliance with FRA Roadway Worker Protection Regulations. • 1.06.02 Before beginning any task on Railway Property, a thorough job safety briefing must be conducted with all personnel involved with the task and repeated when the personnel or task changes. If the task is within 25 feet of any track, the job briefing must include the Railway's flagger, as applicable, and include the procedures the Contractor will use to protect its employees, subcontractors, agents or invitees from moving any equipment adjacent to or across any Railway track(s). • 1.06.03 Workers must not work within 25 feet of the centerline of any track without an on track safety strategy approved by the Railway's Project Representative. When authority is provided, every contractor employee must know: (1) who the Railway flagger is, and how to contact the flagger, (2) limits of the authority,(3)the method of communication to stop and resume work,and(4) location of the designated places of safety. Persons or equipment entering flag/work limits that were not previously job briefed, must notify the flagger immediately,and be given a job briefing when working within 25 feet of the center line of track. • 1.06.04 When Contractor employees are required to work on the Railway Property after normal working hours or on weekends,the Railroad's representative in charge of the project must be notified.A minimum of two employees must be present at all times. • 1.06.05 Any employees, agents or invitees of Contractor or its subcontractors under suspicion of being under the influence of drugs or alcohol,or in the possession of same,will be removed from the Railway's Property and • subsequently released to the custody of a representative of Contractor management. Future access to the Railway's Property by that employee will be denied. 4 Form 0102 Rev.01/20/05 • 1.06.06 Any damage to Railway Property, or any hazard noticed on passing trains must be reported immediately to the Railway's representative in charge of the project. Any vehicle or machine which may come 111/ in contact with track, signal equipment, or structure (bridge) and could result in a train derailment must be reported immediately to the Railway representative in charge of the project and to the Railway's Resource Operations Center at 1(800) 832-5452. Local emergency numbers are to be obtained from the Railway representative in charge of the project prior to the start of any work and must be posted at the job site. • 1.06.07 For safety reasons, all persons are prohibited from having pocket knives, firearms or other deadly weapons in their possession while working on Railway's Property. • 1.06.08 All personnel protective equipment(PPE)used on Railway Property must meet applicable OSHA and ANSI specifications. Current Railway personnel protective equipment requirements are listed on the web site, www.contractororientation.com, however, a partial list of the requirements include: a) safety glasses with permanently affixed side shields (no yellow lenses); b) hard hats c) safety shoe with: hardened toes, above-the-ankle lace-up and a defined heel; and d) high visibility retro-reflective work wear. The Railroad's representative in charge of the project is to be contacted regarding local specifications for meeting requirements relating to hi-visability work wear. Hearing protection, fall protection, gloves, and respirators must be worn as required by State and Federal regulations. (NOTE—Should there be a discrepancy between the information contained on the web site and the information in this paragraph,the web site will govern.) • 1.06.09 THE CONTRACTOR MUST NOT PILE OR STORE ANY MATERIALS, MACHINERY OR EQUIPMENT CLOSER THAN 25'-0" TO THE CENTER LINE OF THE NEAREST RAILWAY TRACK. MATERIALS, MACHINERY OR EQUIPMENT MUST NOT BE STORED OR LEFT WITHIN 250 FEET OF ANY HIGHWAY/RAIL AT-GRADE CROSSINGS, WHERE STORAGE OF THE SAME WILL OBSTRUCT THE VIEW OF A TRAIN APPROACHING THE CROSSING.PRIOR TO BEGINNING WORK, THE CONTRACTOR MUST ESTABLISH A STORAGE AREA WITH - CONCURRENCE OF THE RAILROAD'S REPRESENTATIVE. • 1.06.10 Machines or vehicles must not be left unattended with the engine running. Parked machines or 40_ equipment must be in gear with brakes set and if equipped with blade, pan or bucket, they must be lowered to the ground. All machinery and equipment left unattended on Railway's Property must be left inoperable and secured against movement. (See internet Engineering Contractor Safety Orientation program for more detailed specifications) • 1.06.11 Workers must not create and leave any conditions at the work site that would interfere with water drainage.Any work performed over water must meet all Federal, State and Local regulations. • 1.06.12 All power line wires must be considered dangerous and of high voltage unless informed to the contrary by proper authority. For all power lines the minimum clearance between the lines and any part of the equipment or load must be;200 KV or below - 15 feet;200 to 350 KV-20 feet; 350 to 500 KV-25 feet; 500 to 750 KV-35 feet;and 750 to 1000 KV-45 feet. If capacity of the line is not known,a minimum clearance of 45 feet must be maintained. A person must be designated to observe clearance of the equipment and give a timely warning for all operations where it is difficult for an operator to maintain the desired clearance by visual means. 1.07 Excavation • 1.07.01 Before excavating,the Contractor must determine whether any underground pipe lines,electric wires, or cables, including fiber optic cable systems are present and located within the Project work area. The Contractor must determine whether excavation on Railway's Property could cause damage to buried cables resulting in delay to Railway traffic and disruption of service to users. Delays and disruptions to service may cause business interruptions involving loss of revenue and profits. Before commencing excavation, the Contractor must contact BNSF's Field Engineering Representative L2066256189 ).All underground and overhead wires will be considered HIGH VOLTAGE and dangerous until verified with the company having • ownership of the line. It is the Contractor's responsibility to notify any other companies that have underground utilities in the area and arrange for the location of all underground utilities before 5 Form 0102 Rev.01/20/05 excavating. • • 1.07.02 The Contractor must cease all work and notify the Railway immediately before continuing excavation in the area if obstructions are encountered which do not appear on drawings. If the obstruction is a utility and the owner of the utility can be identified, then the Contractor must also notify the owner immediately. If there is any doubt about the location of underground cables or lines of any kind,no work must be performed until the exact location has been determined. There will be no exceptions to these instructions. • 1.07.03 All excavations must be conducted in compliance with applicable OSHA regulations and,regardless of depth,must be shored where there is any danger to tracks,structures or personnel. • 1.07.04 Any excavations, holes or trenches on the Railway's Property must be covered, guarded and/or protected when not being worked on. When leaving work site areas at night and over weekends,the areas must be secured and left in a condition that will ensure that Railway employees and other personnel who may be working or passing through the area are protected from all hazards.All excavations must be back filled as soon as possible. 1.08 Hazardous Waste, Substances and Material Reporting • 1.08.01 If Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious material, including but not limited to any non-containerized commodity or material, on or adjacent to Railway's Property, in or near any surface water, swamp, wetlands or waterways, while performing any work under this Agreement, Contractor must immediately: (a) notify the Railway's Resource Operations Center at 1(800) 832-5452, of such discovery: (b) take safeguards necessary to protect its employees, subcontractors, agents and/or third parties: and(c)exercise due care with respect to the release, including the taking of any appropriate measure to minimize The impact'of such release:" 1.09 Personal Injury Reporting • 1.09.01 The Railway is required to report certain injuries as a part of compliance with Federal Railroad Administration(FRA)reporting requirements.Any personal injury sustained by an employee of the Contractor, subcontractor or Contractor's invitees while on the Railway's Property must be reported immediately(by phone mail if unable to contact in person)to the Railway's representative in charge of the project. The Non-Employee Personal Injury Data Collection Form contained herein is to be completed and sent by Fax to the Railway at 1(817) 352-7595 and to the Railway's Project Representative no later than the close of shift on the date of the injury. • 6 Form 0102 Rev.01/20/05 NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION INFORMATION REQUIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION. IT SHOULD • BE USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND IS NOT INTENDED TO PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABILITY. 1. Accident City/St 2. Date: Time: County: 3. Temperature: 4. Weather (if non-Railway location) 5. Social Security# 6. Name(last,first,mi) 7. Address: Street: City: St. Zip: 8. Date of Birth: and/or Age Gender: (if available) 9. (a) Injury: (b)Body Part: (i.e.(a)Laceration(b)Hand) 11. Description of Accident(To include location,action,result,etc.): • 12. Treatment: ? First Aid Only ? Required Medical Treatment ? Other Medical Treatment 13. Dr.Name 30.Date: 14. Dr.Address: Street: City: St: Zip: 15. Hospital Name: 16. Hospital Address: Street: City: St: Zip: 17. Diagnosis: FAX TO RAILWAY AT(817)352-7595 AND COPY TO RAILWAY ROADMASTER FAX • 7 Form 0102 Rev.01/20/05 • LAW DEPARTMENT APPROVED CROSSING SURFACE INSTALLATION AGREEMENT • BNSF RIGHT-OF-WAY STREET DOT NO. MP This Crossing Surface Installation Agreement (hereinafter called, this"Agreement") is entered into effective as of , 200_, by and between City of Renton (hereinafter called, "Agency") and BNSF RAILWAY COMPANY(hereinafter called,the"Company"). WHEREAS, Company operates a freight transportation system by rail with operations throughout the United States and Canada; and WHEREAS, Agency and Company desire to replace the existing crossing surface along Houser Way between Main Avenue S.to Burnett Avenue S. with a new concrete crossing surface; NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Company Work. The Company will install a new concrete crossing surface for a length of approximately 1,000 feet from Main Avenue S. to Burnett Avenue S. as shown in the attached project limits. The Company will perform all necessary track upgrades to accommodate the new crossing surface. 2. Payment; Invoicing. Upon execution of this Agreement by both parties hereto, • Company will send Agency an invoice detailing the total amount owed by Agency for the new crossing surface. Agency agrees to pay Company up to $1,100,000 and No/100 Dollars $1,000 per foot for the new crossing surface within thirty days after Agency is billed by BNSF. 3. Vehicular Traffic during Installation. The Agency shall provide, at its own cost and expense, all necessary barricades, lights or traffic control devices for detouring vehicular traffic around the Houser Way crossing during installation of the new crossing surface. 4. Drainage. The Agency agrees to allow the Company to drain water from the Houser Way crossing area into existing Agency storm sewers, if such storm sewers are available. Drain pipes and filter fabric necessary for such drainage will be furnished and installed by the Company. 5. Roadway Surfacing Work. The Agency agrees to provide, at its sole cost and expense, enough asphalt to cover the distance between the existing roadway surface along House Way and the new crossing surface on both sides of the track. 7. Term. This Agreement begins on the effective date set forth above and remains in effect until completion of all work contemplated in this Agreement and Agency's payment of the amounts set forth in Section 2 above. • Form 0108 Rev.01/20/05 LAW DEPARTMENT APPROVED IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by its duly qualified and authorized officials as of the day and year first written above. • COMPANY: BNSF RAILWAY COMPANY: By: Printed Name: Title: AGENCY: [insert Agency name herel By: Printed Name: Title: 411 • Form 0108 Rev. 01/20/05 J-1,64,,,.: k t,Yi.'R�SRfrlf[.9' "'T ` w` ! 113:" 0 `...sc.' ��. t.� p 1. « r a a 3' ;`t}: !',R",.` - ;x ,.,,,,,,�. f ! •, 4. �r:'k +rtirt: 1 J' r tr .;Fk�, N 1' ,;.. .;,,,,,,,,,,.., ,,e.,/' O v h LC- ,'... ,.0 , V 00 f• r'2,0'i, }�!'+ d P ,§ k ' t' �.r d, {., F+ IY# r a . C�. h, .ap p 'a t, �a x>Fa v ,.'.y xp,, ny .t 1. r'S e lit ! ''''{{{{{(I.E. ,,t t tf.!r;il;" �ma. 1 ' 'r 1! ~f M t-' ,s P :F• j r' ' t :g r .tti. rc }�-�,� ;yit r }, w fii !� • '{ t • r n, t!!�`�!� `r.3'£t r kt!{.Y�# }S �fV S w�� , # ;'.r^:£��°?w�€�.tr' ;tis.����w�. .i �a^.";-�. ,'f � �° •.•-„..•,,r..:;.:,. .``;,.�.,�.. �_, .,,,,r� `�a } ' .� .... 3t t � � � �� ti'fi( h� P' . cxk [,^'�y � w!E� ;#il".a: '4;== '"!• ', e �!� ��,,,.g ' x�n, _'s Y,.; h �, .u'.i`"t�''� .� v='' .� ' �� 6 p �.•. • ,[:7 _ ri,i lF:1 i, +� .,fix t y ih¢, :' ''e;k.s`° r .' ,.r:, W3'r•� ;, ,11 ,L., " _ P, r {li' .d' [ 1 �, f c �5" �x ". i �t; =`J9' re,�er ��, ''?::7-7'11:.:11.7:14.(1, F �SA�� ,_�: w' R4� .7 y }rr) iv a :t, d,*uri+r5ryyu k,'t .-'z,rx.`rri� 4;1'1{ ,i"!`l '' ,p ,fir' . ,'kt{) v" r'v'#....' as »stir"-? .a-,a- •— .� is,k r a � " A . i ! ,f.,`.,0. y;sYs; i ' ii An 7 [ ti.�iti��tiir •:.!I� �r> � � t t,�, _ #,. � i""�,.� It=d- p i7.,,,,./' 1 ! :"5`,�'ps� � -•^-'�'• «,r�'-at''`..�. 'A s•'`" .�ti !•�*.rti'"5v. .� •�.� -�':• .,r x, �;� .,,µ""� ` _ r... -�`•x'. .X . .,.f e-,-.t -_ a sv,t'e3 4 .`t,>'>:.: �,. N `r a�+�..A,,kp a i � ,� �„ .gi a'{f'7},tt �p��" ;,y.,;�,,;,�.,� K'f ,��^�. '� "t^�. r ' t�.;,:�_,�" =•" 'tt441''''41"'... i "'*1,'!gffi. .. £"PE.s .......__"11„A-_1441.41".','.. t .E sk ."` ett'' X - t _ '' :;iC ? $;'. ' ;,,k41-f,: , ..�,a - „ .a;J. �� ;t e,.,S 'A- .t d x �:,r Av. z'* _ .ry, ..�r -.,�'W: ;...�—....'..{},. ' ' "� • t l '�;l °a c, y, �`' 2;� .:41'1,,c6.„,;-.e ,a r o tns: *, n -; r ;, j.. e 1 - 2 ' -�' ,x,`" ?,� 9S V. x Fw4.- s•> 1:11.,:-4,', - � .:kv �+y '''''''',..,07014!.:,,6'4;4 »rr.,,Y 14!.:, `'b ;4, ,6a' �'t�=',' :'�,w;• j.e"';'t.-,.. .'4 �'tqs ::"�;e s ; 't#_--;rte `�" �•a , c € +Irt (n _ 'a- t `;:yx - r-rr• r '-x yq� }� 1 f L'r 3 r ,� k�if� �y.' s # '9r . C n'4 ,� .t r ' ,#___....-, .t ii "k+d:.'" •-+o,- x" '' h ,tib,} & x �, 7'M`•*" ri C 1.:� .•.s y`t�,' }'7t• '' Tv.• •-F .-,,.''',',,'•''.••:•;'.:' a , *Yy, H p Ir ��.>} L f^" ! iq `- ._ `F 1' w 1a�� - r ',�.I7 h ,.ii 9 *t.� r,�v. f.�.. ���. ,Yay`f �'14 cu�'�� i y 7 �� ;�,# ��� �E � � i y :d.. Illi:aftitittg!' s ��'�� lws ��«� � 3� ,.m'1 `. h':r''`i, rAaz�iai.�. Jt. `F 'vtv '° `� tf ,R �y 'r` ' . SRI o:5,.. L. �+ It' # M ' ,rr4.* r c >:';w<�,g, , k v CI s ,�r 3 5 M !2 ass Q ! .1:1' t r i -._.t '. .` �. .—•, .aX tt�, n,v}r,,, •� 'i ire _ :,,,:,;,;.;:1,,,, y -'''' t" '..4 p t'p c, =-' to 1,^.11.`n:::74 • ft ' '�1$' �,a I y fs 3 �:. ' ,`} '�;�, �� � ,�. •.;�'+ f °.i r i` � �„ �j,''` �� rfi; � 'J , 1'! iN i ri,y[ # .! ' t, 'ra , r- _a ,tel +> t• t�, i'� Ry'p •,,,--.7,e:-•;,:-•-....J ..�` sd s, a.t rg Y} . '1!fr t hr~i ^'t 3` ji'.•:':.44:4•101'''. ^ ,1 d'R+,p'„S' .rri: r,.� 3 t s' r^w r i i `#f��P'1}C. 10:41' .I.r,,�e,.,�p+�.a St{� �'wy, t�'+.5,;k�� s.,��"a;'� 't • I; s; ,�,�. ,trm � it:`r T��� • ?; :e-�,' 4�;.�- � 4[f!" 'r i!+sf t.� !,i,�,r,3n' `.s 4.a^1„w ° ' ,li.. �+ -r+'!er f' ,;,;1 lr. a.'� t,. "f >c ,� it ,,.,*,; I;w ,.`= �':€i#i�t� ,i., �+f II�i tik'1!I � ,xf t4 /«!� >' `;#�� .,.-� ;,;.,_ dt i. #°� x J;. 1�,p rt 'y a .v,ffn v , 1 fa. i {,1 ;t#1 t s r r `� €rr yS!� z:i4 ar' ,i!t£?a Y.. � 4 a' h �.. ,:.., 'i ?�#i' Paw. .. `5 'sb°',: W$ 'ti,^N e! :!:'�'' t'...,�e. '�., ;,;.,` a"!,�y'y� k� , ,r7, ..; :, s;�. , . '>I �} ir?v,,:rP`ej4ii:.l:• f ! - "a4. 1+ I 1M��:. ya« •- Eq.4�' , ',A ( �`t .."y� {3n . .:v^ i`c..1. «r_"ip '''.0 '+��!.t. y 'ijj,�t _ �,��%t« roe, ti .� -y, � .�. •r„.. ii c �I c.'r a..� ,C,„r !i Sati>; , ! Ct ::-3t >y >S ,v4 'r'.. ', . ... .. -.,1a` g S x , ' •t ?.��,ha� ;:�>,!,•%;:s+•_-c,. ..r -.Y -'�+� � ,7._ z , '-y :. «»,ktt � � ;.n :,,� _x�''s'"�i ,;.:t: IL t ¢ :tt". ip.Yi� � .�vr,.•.',a'.; 'f;a. �`� li '� �: ���,�'K£�j Rq��.�?�'C� �'L �"kio: �y J Y 1 f`Z� ,'{. a.4'.'vx` ';',•,- 'ta, �R !n "�r �t a t ` 9 l _ .. :: „:,,,,,e 4: . ,u .d +i•b t R 1;.: -' �r`a' - i, ,7" 3,X .{�:'iP' '."'.:1 :4'i.pf#-tt f't ;'",>..:�:. 'a' Vis. tr'ti. : ,�it �«•r,hv ,� '�#4`: :x, ... a u,. t .:s,' k '.,-.„,,,i,,;.:::,',45;.771.1: , i -t .r� rr '' '•.: f .t'. n t 'p-",t' r,it. '” * a+t Mari, sey*'+'. i."7-4.;--i'', � f ' ,•• L:c. 't:';4;<!-::;;`:;•1!;''.:,,,_3,1.4111 4°°~ ."... A x . ,...,..1,,,..,..;„#, W{ :74', f:' Yi a Li>; ;'"'� r� k'3"`Hf.,7 p�5g'Ks "` 't. ,; x x i` t ..,, ,.::1,..,,,4,,,,.0 r«� a ',4y.'"',,4,4:•-;,a45,17041 . , t { "R� :! w", LN '+!'f a9.:;. '-''' t. ' f ,, M ,,,,-,4,:1,,-.,;,,,�? AF' rf � ,k' •: � p R#,t Lv•„R. ; ,r k �, d'`g' „_ 1r�"!"4 L , arfq ! e j{F`'�" ,:ii,...,',... --,,,,,, r,.;1.,-.;,,,i,,,,,,,,,..a " i,tri`' �„ , l',.',� ,��r": � a•` d � _ a.,,n. 'l,. �; �** • f p . , + ,t.r d f4. i s �•L 't f� Lo t zfr ' 3 a tt" J t• f1(f ss 'ip t S 3x Y i t E fi. �ll,k,� j �, $ " "'t+y',{ .w!.:,•:: il 3 ;}{ grt 4 '`;41,,,a140 a 4 res S } «, t S' Y C x..6'11 i ';5 , i.„3 q4€_ ,.. .N'"{':' 4-,'4"� i,t•x`s F „!, -'s�^•- . ,>f f\\1.t.:,'', -',.•,..4.,': S is h `. ryy..a.,VT : 4,,,e,-.1.4-,;4..._.• M». :. � •�i+�iyxi:4 �� � r; R s'#. i _ .Mi �, i� t.,:�€ Ls >,::r� ,� - � � � "sem � � „4-,.!,?..•••,:..,.:',,:#••••.t� t« d'' .. ;•: 1‘,I. �`9 .il ,� •t.? 4.•'... y-, y II • I-- `' f •y t. t9�� •ri �' 'fie$1P_�'S; ;. a. " r :. '• i, f' '. i- ,i k9 :',,,.5*-u.. ,;,..-1-,.. ...,.,.., ' in,,.,.:',.:,$.4'' F,`. t`r E. s irs4 ' ,"' f. is t :4 � :` • ��,!M1e_ : . `�.:: � F �u1 vii' -. } ,�y. # _ ;OA''.• i'A,�'"'i�.:` �jy�. 7-7 -w-,-..._ ,!-.1.•11,.". er u ':' . 4 ,•;•::i, -_,-•-•••••,,rf �,'�((h��+ Mi . - `4 if: • ; K i..* 1'S}pk(1£ rAT p C• ":•••-:.7 . -'':t , '..it Y 'k t i,r j L: +r8 A . fl"i`f P Ar' s' 3 k.. X �r ,.', •,eit?* 7 kr� nr N x v *xr t -, ',•'''':•' . �c.. "'4 t � Y!' ! #i rte .fit 4 t i1 1:•,:i f .t f i r • ��i Doff'—'7"1"t• tm� - f .t' a wn! gyp' a „t',.,44',4: ..ca. M1' �Y ' yyt f• 3i t -g Dr b . #? i R I 1W -r))., P • y 'j y' it 7,1 7 - ,�; '�^'�.�N+1' .„.tP , T �' f� _7 v�i{ +nt { st t:` T •,.. Y t ,w 9 s r,j.a,.t 'tAzY: .•'..T xXA ,., ° " art t z N p m f°"a'r a�� P F,,r .. - 1' r:v�� � 't�`- i(�, { � ��.'{("���7 - ` � ,� S .1"-,4": •:-10'. 3(7 4 � " �� .,. y" '�°" � 9 � �' 'Y '� a Gd.'.. �7x,�' P.:. i7 7 'w• $ M.p }' co 1 , 0i,:,.,..;, .# �S pi L S 2 µ'n'4 R+.. ,a m ,''moi T t.' tr k r.` P1A.-'4.2:4.,..- � p .{ �rL `� -,•,',� /4 - 0 .. 5 yi _ } F- ._ �i fit•' . I.,.• i w • k.E jilt �•�1i .r,,,�"s ; U"am.f ,,? '1,....,t ,La,,,,.;_ya:., ,�. N '.,,^,M,. ",,,..�•" xp. q > Rl f`?".3 p '+ .h � ' . rte. .. ...� 'i ,,.',t• � w ': -1 :3 " .-._ . "°' "_ , �«...,,:, " .. K... ,...... :"s. .-,..:.r,.}FAY Magnum Manufacturing Corporation - Concrete Railroad Crossings Page 1 of 3 •MAGNUM 1iCon r `t Crossings °fiPQ rEON° Concrete Crossings I Equipment I Railroad Safety I Transportation }TT Night Vision ' Lighting i ! , Magnum crossings are known for being extremely durable, and for providing a smooth ride for automobile, truck and pedestrian traffic. Each crossing is - manufactured to the unique specifications of ' °v... the crossing project with consideration given m._ h " x � ` to safety and longevity. Designed For: :. Straight Trace Putt + pth Curves :Precast Concrete' Switches & Frogs ; `` .._moi Magnum uses reinforced steel, high strength r _ . concrete, and angle iron around the perimeter of = , High.strength each panel. Once the panels are in the crossing, = concrete Magnum rubber flangeway filler is used to keep debris out of the flange way; making a smooth, safe Rubber flange crossing Filler years for to come. t .` �.. � ' ' ' Magnum produces curved and special crossing .7:41 _, panels to fit all locations and specifications. A panel s Reinforced elinside nsi with a curve up to 25 degrees can be manufactured Angie iron around perimeter se on a standard traffic or a heavy-loading crossing. oIae panel Pedestrian walkways provide a safe, clean and professional approach, as transit riders approach the trains. Switches, frogs and diamonds are available to fit the unique needs and requirements of railroad lines. Features: Technical information on • No bolts or screws needed for installation precast crossing panels • Rubber flange filler package (available at additional charge) • • Crossings available for straight track curves, and switches • Full engineering services available Installation instructions for • Insulated crossings available precast crossing panels http://www.magnum-usa.com/crossings1.html 12/17/2007 CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS TRANSPORTATION SYSTEMS DIVISION 2008-2013 SIX-YEAR TIP Houser Way S - Main Av S to Burnett Av S Functional Classification: Non-arterial Fund: 317 Proj.Length: 0.2 miles :Proj: 12213 TIP No. 37 CONTACT: Jim Seitz 425.430.7245 DESCRIPTION: STATUS: Upgrade railroad tracks to concrete on Houser Way S between Main Avenue S and Burnett Avenue Discussions with Burlington Northern Santa Fe(BNSF)railroad to share funding on this South. project were initiated in 2003. BNSF indicated by letter of 5/20/03 that it was not interested in the City's proposal. JUSTIFICATION: CHANGES: This segment of roadway has a pavement management 001 rating(Year 2003)as low as between 0 and A meeting with BNSF was held on Aug 9,2007. It is very unlikely that BNSF will fund any 12 points(out of a possible 100 points). The quality of the roadway is very poor due to the flexing of the more than 10%of the cost. BNSF agreed the project could be done in three phases, tracks. An overlay will only be effective if the tracks are placed in concrete, starting in 2010.The project does remain largely unfunded. Funded :1 I Unfunded :I 1,050,000 Project Totals Programmed Pre-2008 Six-Year Program ITEM Programmed Spent Pre-2007 2007 Total 2008 2009 2010 2011 2012 2013 EXPENSES: Project Development Precon Eng/Admin R-0-W(includes Admin) Construction Contract 1,050,000 1,050,000 350,000 350,000 350,000 Construction Eng/Admin Other TOTAL EXPENSES 1,050,000 1,050,000 350,000 350,000 350,000 SOURCE OF FUNDS: Vehicle Fuel Tax Business License Fee Proposed Fund Balance Grants In-Hand Mitigation In-Hand Vehicle Fuel Tax Other In-Hand • Grants Proposed Mitigation Proposed L.I.D.'s Proposed Other Proposed(BNSF) 105,000 105,000 35,000 35,000 35,000 Undetermined 945,000 945,000 315,000 315,000 315,000 TOTAL SOURCES 1,050,000 1,050,000 350,000 350,000 350,000 Houser bke Ofl21/2007 12 45 CM 5-37 FINAL CITY OF RENTON COUNCIL AGENDA BILL or AI #: 0 , leo • Submitting Data: For Agenda of: January 7, 2008 Dept/Div/Board.. PBPW/Utilities System Division Staff Contact Dave Christensen (ext. 7212) Agenda Status Consent X Subject: Public Hearing.. Stonegate II - Lift Station and Conveyance Design Correspondence.. Consultant Agreement with Roth Hill Engineering Ordinance Partners Resolution Old Business Exhibits: New Business Issue Paper - Study Sessions Consultant Agreement Information Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept X Other Fiscal Impact: illExpenditure Required... $715,350 Transfer/Amendment Amount Budgeted $900,000 Revenue Generated Total Project Budget $2,700,000 City Share Total Project SUMMARY OF ACTION: The Wastewater Utility, as part of its adopted 2008 Capital Improvement Program, has identified the need to rebuild the Stonegate II Lift Station to accommodate the flows from within the basin it serves and to eliminate the Summerwind Lift Station. The proposed contract, in the amount of $715,350, is within the established budget for the design element of the project. Roth Hill Engineering Partners was selected through an RFP/RFQ process. A total of eight engineering firms submitted proposals. Selection was based upon both written and oral presentations that took place between November 2006 and January 2007. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to approve and execute the consultant agreement with Roth Hill Engineering Partners, in the amount of$715,350, for services related to the Stonegate II - Lift Station and-Conveyance Design project. • • H:\File Sys\WWP-WasteWater\WWP-03-0000 Correspondence-Wastewater\davec\Roth Hill Stonegate II Design AB.doc\DMCtp ti`SY O PLANNINGBUILDING/ EQPUBLIC WORKS DEPARTMENT , MEMORANDUM DATE: January 2, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayor ��bL FROM: Gregg Zimmerm , , ministrator STAFF CONTACT: Dave Christensen, Wastewater Utility Supervisor(ext. 7212) SUBJECT: Stonegate II -Lift Station and Conveyance Design Consultant Agreement with Roth Hill Engineering Partners ISSUE: Should the City Council authorize the Mayor and City Clerk to approve and execute the consultant agreement with Roth Hill Engineering Partners, in the amount of$715,350, for • services related to the Stonegate II - Lift Station and Conveyance Design project? RECOMMENDATION: Authorize the Mayor and City Clerk to approve and execute the consultant agreement with Roth Hill Engineering Partners (Roth Hill), in the amount of$715,350, for services related to the Stonegate II - Lift Station and Conveyance Design project. BACKGROUND SUMMARY: The Stonegate II Lift Station project is included within the Wastewater Utility's 2008 Capital Improvement Program adopted by City Council. All design work associated with the proposed improvement is currently scheduled for 2008. An alternatives analysis was completed in 2007 and was needed prior to proceeding with a specific design in order to examine each of the various force main and interceptor routes that could be utilized for the project. With the alternatives analysis complete, the Wastewater Utility is now ready to proceed with the remaining design services. Roth Hill was selected for this project through an RFP/RFQ process that took place between November 2006 and January 2007. A total of eight firms submitted proposals, with three firms participating in the final oral interview process. Roth Hill was the highest rated firm by all City participants in the interview process. • Council/Stonegate II Lift Station—Alternatives Analysis Consultant Agreement January 2,2008 Page 2 of 2 Since late January 2007, Wastewater Utility staff has been working with Roth Hill to develop the scope, schedule, and budget for the design work. It was during this process that the decision was made to split the work into two phases, the completed alternatives analysis phase and the conveyance design phase. The project budget for 2008 is $2,700,000. This is anticipated to cover all design related costs for the project. The contract for the lift station and conveyance design project, in the amount of$715,350, is within the anticipated costs for this portion of work. The remaining budget, along with the 2007 carry-forward is anticipated to be sufficient to cover the costs to complete design services and construction in 2009. CONCLUSION: The Stonegate II Lift Station project is in the Wastewater Utility's 2008 Capital Improvement Program for design and start-up of construction. Roth Hill was selected by the Wastewater Utility to perform design services for this project. The contract, in the amount of$715,350, is within the anticipated costs for this phase of work. The remaining funds are sufficient to complete the construction of this project. cc: Lys Hornsby,Utility Systems Director File • 1111 H:\File Sys\WWP-WasteWater\WWP-03-0000 Correspondence-Wastewater\davec\Roth Hill Stonegate II Design Issue Paper.doc\DMCtp ENGINEERING ANNUAL CONSULTANT AGREEMENT • THIS AGREEMENT, made and entered into on this ,day of , 2007, by and between the CITY OF RENTON,WASHINGTON,A MUNICIPAL CORPORATION HEREINAFTER CALLED THE "CITY," and ROTH HILL ENGINEERING PARTNERS,LLC whose address is 2600 116t Avenue NE,#100, Bellevue,WA 98004, at which services will be available for inspection,hereinafter called the"CONSULTANT." PROJECT NAME: Stonegate II—Lift Station and Conveyance Design 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 services 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 services required under this Agreement are fully qualified to perform the services 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 perform the services 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 SERVICES 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 services described in Exhibit A, Scope of Services, which is attached hereto and incorporated into this Agreement as though fully set forth herein. The Consultant shall perform all services 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 services. The Consultant shall make such minor changes, amendments, or revisions in the detail of the services as may be required by the City. This item does not constitute an "Extra Services" item as related in Section VIII of the Agreement. The services deliverables shall be verified for accuracy by a complete check by the Consultant. The Consultant will be held responsible for the accuracy of the services deliverables, even though accepted by the City. H DESIGN CRITERIA The City will designate the basic premises and criteria for the services needed. Reports and plans, to the extent feasible, shall be developed in accordance with the latest edition and amendments of local and State regulations, Ouidelines, and specifications, including,but not limited to the following: F:\0015\000'8.000\PrjMgmt\Design Scope\Annual Consultant Agreement_Stonegate Design Services.doc 1 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 services. 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 Services. 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 services to the extent provided for in the Scope of Services. The City will not be obligated to perform any such field studies. F:\0015\00018.000\PrjMgmt\Design ScopelAnnual Consultant Agreement_Stonegate Design Services.doc 2 l IV OWNERSHIP OF PRODUCTS AND 1 III DOCUMENTS TO BE FURNISHED BY THE CONSULTANT Documents, exhibits or other presentations for the services covered by this Agreement shall be furnished by the Consultant to the City upon completion of the various phases of the project. 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 services detailed in the Scope of Services 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 services 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 ill 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 services 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 services rendered under this Agreement as provided hereinafter as specified in Exhibit C, Schedule of Hourly Rates. Such payment shall be full compensation for services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the services. All billings for compensation for services performed under this Agreement will list actual time(days and/or hours)and dates during which the services were performed. Payment for these services shall not exceed $715,350 without a written amendment to this contract, agreed to and signed by both parties. 1. Payment. a. Billing Rates. Payment for the CONSULTANT's services shall be at the CONSULTANT's stated billing rate,which includes base compensation and indirect overhead costs. The standard billing rate of individual personnel assigned to CITY projects shall be calculated as a direct multiplication of the assignee's base compensation rate or hourly equivalent, factored by the CONSULTANT's standard fee multiplier. The CONSULTANT may review and modify the fee multiplier once per year. The CONSULTANT may review and • modify the base compensation rate of individuals in employment of the CONSULTANT once per year. The schedule of billing rates is attached to this Agreement as Exhibit C. F:\0015\00018.000\PrjMgmt\Design Scope\Annual Consultant Agreetnent_Stonegate Design Services.doc 3 b. Reimbursable Expenses. Direct Expenses such as mileage, computer station time and certain equipment shall be charged according to the standard schedule of direct reimbursable expenses attached to this Agreement as part of Exhibit C. The CONSULTANT may update the expense• schedule two(2)times per year. c. Invoice Format. The CONSULTANT's invoices shall itemize the hours and fees in a format mutually agreed upon. d. Payment Due. Invoices shall be submitted by the CONSULTANT monthly,are due upon presentation and shall be considered past due if not paid within thirty(30)calendar days of the due date. The CITY will inform the CONSULTANT of the standard monthly invoice submittal schedule that willfacilitate the CITY's timely payment of invoices. e. Interest. If payment in full is not received by the CONSULTANT within thirty(30) calendar days of the due date, invoices shall bear interest at one-and-one-half(1.5)percent of the PAST DUE amount per month, which shall be calculated from the invoice due date. Payment thereafter shall be first applied to accrued interest and then to the unpaid principal. Payment for extra services performed under this Agreement shall be paid as agreed to by the parties hereto in writing at the time extra services are authorized. (Section VIII"EXTRA SERVICES"). 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. • 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 SERVICES The Consultant shall make all such revisions and changes in the completed service deliverables 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 services or parts thereof revised, the Consultant shall make such revisions, if requested and as directed by the City in writing. These services shall be considered as Extra Services and will be paid for as provided in Section VIII. • F:\0015\00018.000\PrjMgmt\Design Scope\Annual Consultant Agreement_Stonegate Design Services.doc 4 , VIII IIIEXTRA SERVICES The City may desire to have the Consultant render services in connection with the Project in addition to or other than services provided for by the expressed intent of the Scope of Services. Such services will be considered as Extra Services and will be specified in a written supplement which will set forth the nature and scope thereof. Services under a supplement shall not proceed until authorized in writing by the City. Any dispute as to whether services are Extra Services or services already covered under this Agreement shall be resolved before the services are undertaken. Performance of the services by the Consultant prior to resolution of any such dispute shall waive any claim by the Consultant for compensation as Extra Services. 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 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 0 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 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 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 project,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, 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 terminations; 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. • F:\0015\00018.000\PrjMgmt\Design Scope\Annual Consultant Agreement_Stonegate Design Services.doc 5 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 services 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, the CONSULTANT shall be compensated for all services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. In addition,upon resumption of services,the CITY shall compensate the CONSULTANT for expenses incurred as a result of the suspension and resumption of its services, and the CONSULTANT's schedule and fees for the remainder of the services may be equitably adjusted upon mutual agreement. 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 services to the date of termination,the extent of services originally required which was satisfactorily completed to date of termination,whether those services are in a form or of a type which is usable to the City at the time of termination, the cost to the City of employing another firm to complete the services required and the time which may be required to do so, and other factors which affect the value to the City of the services 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 services, 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 services 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 services 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 services 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 delegates, whose decision in the matter shall be final and conclusive on the parties to this Agreement. F:\0015\00018.0001PrjMgmt\Design Scope\Annual Consultant Agreement_Stonegate Design Services.doc 6 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 1 • 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 services to be performed 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 million,unless waived or reduced by the City. The Consultant shall submit a completed City of Renton Insurance Information Form, and the Standard Accord Certification Form prior to the execution of the contract. The City of Renton shall be named as an •"additional insured"on all contracts/projects. 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 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 notice shall be given to the City prior to the cancellation of any policy. The Consultant shall verify, when submitting first payment invoice and annually thereafter,possession of a current City of Renton business license while conducting services 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 activities in City right-of-way. The Consultant's relation to the City shall be atall times as an independent contractor. s F:\0015\00018.000\PrjMgmt\Design Scope\Annual Consultant Agreement_Stonegate Design Services.doc 7 • XIV SUBLETTING OR ASSIGNING OF CONTRACTS III The Consultant shall not sublet or assign any of the services 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. XVII III 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. CONS r• • CITY OF RENTON di Gre,7" '?r 7i Date Denis W. Law,Mayor Date i ATTEST: / Bonnie I. Walton, City Clerk 4111 F:\0015\000I8.000\Pr'M t\D Design es gn S cope\Amoral Consultant Agreement_Stonegate Design Services.doc 8 Stonegate 11 Lift Station and Conveyance Design Exhibit A Scope of Services Page 1 of 12 • SCOPE OF SERVICES City of Renton Stonegate II Lift Station and Conveyance Design Roth Hill Engineering Partners, LLC Project No. 0015-00018.001 PROJECT DESCRIPTION AND PURPOSE The project includes the design of a new gravity sewer main, force main, and lift station to take the Summerwind Lift Station out of service as well as upsizing of existing mains to handle the additional flows. The new lift station will replace the existing Stonegate Lift Station since the addition of the flows from the Summerwind Lift Station and the projected growth in the surrounding service area would exceed the existing Stonegate Lift Station's pumping capacity. The new force main will convey flow from the new lift station to the City's existing sewer system along Field Avenue NE, diverting flow from the sewer system along Duvall Avenue, thus alleviating capacity issues in that portion of the City's sewer system. Roth Hill will be responsible for managing the project so that it meets the City expectations and will incorporate results from the Alternatives Analysis Report that included the design flow rates and a recommended route for the conveyance system. Roth Hill will refine the system hydraulic calculations, develop a plan to maintain operational continuity during construction, design the III conveyance system and the new lift station, provide regulatory support, and assist with public outreach and communications. This scope of services extends through the design phase of the project only and does not include construction services. A separate scope and budget for construction services will be developed near the end of the design services. SCOPE OF SERVICES AND TASKS This scope of services consists of the following five tasks. I. Project Management (402 Hours, $62,000) Phase Manager: Tony Fisher Roth Hill will provide the project management services necessary to comply with the Project Plan and to meet the City's expectations for the project. Specific tasks for this effort are as follows: • Conduct a project kickoff meeting. • Prepare monthly status reports. • Manage consultant's staff and tasks and provide general project administration. • Monitor progress against projected schedule, scope of service, and budget and administer monthly invoicing to City. • Procure sub-consultant services and coordinate with subconsultants as required, including review of subconsultant invoices. II • Communicate with City staff regarding the design progress, any issues of concern, project requirements, periodic reviews, and overall project schedule. • Conduct progress meetings with City throughout the project(assumes 4 meetings). F:\0015\00018.000\PrjMgmt\Design Scope\Stonegate II Design Scope 120507 doc 12/5/2007 Stonegate Il Lift Station and Conveyance Design Exhibit A Scope of Services Page 2 of 12 • • Develop a Project Plan for construction services. Deliverables: • Draft and Final Project Plans including Scope of Services, Project Schedule, and Engineering Fee worksheet for the Construction phase of the project. • Monthly invoices and status reports. • Correspondence as required. Tasks Not Included: • Procurement of subconsultant services other than those specifically listed in this scope of services. II. Quality Control/Quality Assurance (104 Hours, $20,100) Phase Manager: Tony Fisher The Roth Hill team will provide quality assurance and quality control (QA/QC) reviews by senior technical engineers of the design documents prepared in order to minimize potential change orders and overall project costs. Additionally, Roth Hill will perform a constructability review of the lift station and conveyance portions of the project at the 60% design stage using our in- house construction observer and Gordon Wagster of Omega Contractors. Gordon will perform an external constructability review of the electrical and telemetry design of the proposed lift station at the 60% and 90% design stages. Copies of the design documents will be sent to the City for QA/QC reviews as described later in this scope of services. Sub-Consultant Support1111 Roth Hill will contract with Omega Contractors to assist with a constructability review of the lift station drawings, specifications, and opinion of probable construction cost(OPCC). Specific Tasks for this effort are as follows: • Internal review of facility evaluation which includes 30% design of lift station. • Internal review of 60%, 90%, and Final Drawings, Specifications, and OPCC prior to submittal to the City. • Perform internal constructability review of the 60% and 90% Drawings, Specifications, and OPCC using Roth Hill's construction observer. • Contract and coordinate with Omega Contractors who will perform constructability review on the lift station Drawings, Specifications, and OPCC at the 60% and 90% design stages. Deliverables: • None. Information collected will be incorporated into future design submittals. Ill. Pre-Design Phase Phase Manager: Tony Fisher Roth Hill will collect topographic information on the lift station site and the preferred route for the conveyance system improvements. This information will be used along with the results of the Alternatives Analysis Report to evaluate the facilities needed for the new Stonegate Lift Station. The evaluation will culminate in the preparation of 30% design drawings of the new lift station • that will be provided to the City for review and comment. F:\0015\00018.000\PrjMgmt\Design Scope\Stonegate II Design Scope 120507.doc 12/5/2007 Stonegate II Lift Station and Conveyance Design Exhibit A Scope of Services Page 3 of 12 • Roth Hill will also review funding alternatives for the proposed improvements. The results of our review along with specific recommendations will be incorporated into a design memo that will be sent to the City. The specific tasks associated with the Pre-Design efforts are described below: A. Topographic Survey (358 Hours, $40,100) Task Lead: Mike Lemasa Roth Hill will collect topographic information for the design of the Stonegate II project. The topographic survey will collect detailed topographic information for the new lift station and along the route for Force Main Alternative#3B from the Alternatives Analysis Report. This phase will include coordinating with a utility locating service to paint the utility locations in the field prior to conducting the topographic survey. We will also collect information on above ground surface features that may impact design and construction of the proposed facilities, including but not limited to trees larger than 6-inches in diameter, storm drain catch basin rims and inverts, culverts, water valves, fire hydrants, water meters, sewer manhole rims and inverts, pavement limits, curb/gutter, sidewalk, utility vaults, poles and pedestals. Sub-Consultant Support Roth Hill will contract with a utility locating service to paint the utility locations in the field prior to conducting the topographic survey. Specific Tasks required for this effort are as follows: 1111 • Contract and coordinate utility locating and utility locate services. • Research horizontal and vertical survey control information. • Set survey control points in field. • Collect detailed topographic information. • Collect existing storm drain and sewer manhole measure down information. • Process field survey data and prepare base map. • Map review, quality control, and field verification. • Office support(PLS) for required survey tasks. • Notify City of Renton regarding the properties that need right of entry access permission. Deliverables: • None. Detailed topographic survey will be used to generate 60% design plans. Tasks Not Included: • Obtaining rights of entry onto private property to perform topographic survey(City will be responsible for this activity). • Performing Boundary Surveys. • Potholing existing underground utilities. B. Facility Evaluation (468 Hours, $98,800) Task Lead: Erik Brodahl Roth Hill will assist the City in evaluating alternative locations for the new proposed lift station. As part of the evaluation, Roth Hill will investigate up to three alternative locations. These alternatives are assumed to include: • • Constructing the new station on an expansion of the existing easement, F:\0015\00018.0001PrjMgmt\Design Scope\Stonegate II Design Scope 120507.doc 12/5/2007 Stonegate 11 Lift Station and Conveyance Design Exhibit A Scope of Services Page 4 of 12 • • Constructing the new station within the existing right-of-way, and • Constructing the station on another nearby parcel. We will evaluate each site with respect to acquisition issues, ease of permitting, construction requirements, access needs for future maintenance, impacts to the surrounding community and sensitive area, and other potential cost impacts. These factors and any others that are determined through discussions with the City will be compared to determine the site that provides the most cost effective solution with the fewest impacts. This analysis and recommendation will be summarized in a technical memorandum to the City. The existing lift station will need to remain in service during construction. The preliminary site layout effort will develop a spatial arrangement for the main components of the station and determine access requirements. The layout will include provisions for convenient maintenance and operational access, while minimizing negative visual impacts to the surrounding community. Our evaluation will also focus on operational and control strategies and the determination of general facility layout requirements. Visits to City-owned lift stations and lift stations designed by the consultant team for other clients will be incorporated into this task. All significant components of the lift station will be evaluated, and a 30% design OPCC will be provided. Roth Hill will retain the services of subconsultants to assist with the preparation of various portions of the facility evaluation, as identified below. The wet well will be sized to ensure it has sufficient volume to provide operational flexibility within a reasonable pumping range. The size of the storage facility will be determined based on the City's design criteria. The layout of the major components in the wet well, valve vault, and • storage facility will be determined, incorporating provisions for ease of maintenance(including cleaning) and operations. We will work with the City to select a pumping scheme for the station. The evaluation efforts will include sizing the pumps and motors and determining City preferences for vendors and equipment including the pumps, control valves, flow meters, and other significant project components. Operational considerations will be evaluated and addressed. The need for flow meters to monitor the discharge and/or inflow to the station will be discussed with the City. Construction sequencing options will be evaluated to identify a reasonable progression of the construction efforts so that utility operations in the area are not disrupted. The construction sequence will incorporate provisions to minimize impacts to traffic and to the adjacent school bus loading area during construction. Sub-Consultant Support The services of Kennedy/Jenks will be retained to assist with the structural and architectural design of the control building. A preliminary architectural concept will be developed for the control building, with the goal of making the lift station building look similar to a detached garage, or otherwise minimizing the visual impact of the project to the surrounding neighborhood. Exterior building elevation views will be developed such that general appearance and architectural considerations can be evaluated by the design team. A preliminary interior layout of the building will be prepared,working with the City to determine necessary facilities, such as a restroom and/or storage. Kennedy/Jenks will also be retained to assist with evaluating the electrical, control, and • telemetry systems. This effort will determine the power requirements for the site, including any necessary upsizing of the existing electrical services. A meeting will be held with the City's F:10015100018.0001PrjMgmtlDesign Scope\Stonegate II Design Scope 120507.doc 12/5/2007 Stonegate II Lift Station and Conveyance Design Exhibit A Scope of Services Page 5 of 12 • electrical inspector to determine if the service needs to be replaced. The service may also need to be relocated to accommodate the new structures on the site. Preferences for operational control schemes, instrumentation, and telemetry system requirements will be determined. Roth Hill and Kennedy/Jenks will work with the City to determine the preferred plan for programming the telemetry system for the new station and the resulting programming modifications to the City's central communications system Kennedy/Jenks will evaluate back-up power generation requirements, including a determination of the preferred generator configuration and sizing. Alternative fuel types will be investigated, in addition to fuel storage requirements. The number of pumps capable of being started and operated in parallel will be determined. At this stage, the generator set is assumed to be located within the control building, but the alternative of an exterior sound-attenuated enclosure will also be evaluated. The attached scope of services from Kennedy/Jenks provides additional information related to the structural, architectural, and electrical services that will be provided for this portion of the project. Roth Hill will also retain the services of an acoustical consultant to evaluate potential noise impacts associated with the post-construction facility, focusing on noise considerations related to the generator set, pumping equipment, and ventilation equipment. An evaluation of potential odor impacts from sewage and recommendations for odor facilities as appropriate will be included. At this stage, provisions for significant odor control facilities are not anticipated. Specific Tasks for this effort are as follows: • Perform lift station site alternatives/evaluation. • • Visit the City's lift station facilities, and discuss the pros and cons of each station visited (one day assumed). • Visit selected lift stations designed by Roth Hill and the consultant team to demonstrate other possible facility layouts for discussion with the City(one day assumed). • Identify site development requirements including fire, building code, storm water, and other related requirements. Research and coordinate with the local homeowner's association to determine applicable guidelines for the lift station facility. • Evaluate the site layout, control building. wet well and valve vault, storage facilities, pumping equipment, electrical/control/telemetry system, back-up power generation, noise and odor impacts, and construction sequencing. • Review design drawings and documents provided by the City for its most recent lift station projects to bring forward applicable equipment and materials to provide consistency for system operation and maintenance. • Develop preliminary architectural concepts of interior and exterior of control building. • Evaluate electrical power, control and telemetry system requirements; assess condition of existing electrical service; develop operational control schemes, instrumentation, and telemetry system requirements; develop a plan to integrate the new station into the City's telemetry system and central communication system; and evaluate backup generator requirements and configuration. • Evaluate potential post-construction noise impacts of project and provide recommendations for reducing the noise impacts. • Prepare 30% design drawings of the proposed facility layout. • Attend up to three meetings with City relating to facility evaluation. • Prepare 30% OPCC for the proposed facility improvements. • Summarize the significant design decisions made by design team and City staff.• Contract and coordinate with Kennedy/Jenks. • Sub-consultant services as described in Exhibit A.1. F:\0015\00018.000\PriMgmt\Design Scope\Stonegate II Design Scope 120507.doc 12/5/2007 Stonegate II Lift Station and Conveyance Design Exhibit A Scope of Services Page 6 of 12 • IV. Design Phase Phase Manager: Tony Fisher The information from the Alternatives Analysis along with the results of the Pre-Design efforts will be used to develop design Drawings, Specifications, and an OPCC that may be used by the City to obtain bids from Contractors to construct the improvements. Copies of these documents will be sent to the City for review and comment at the 60%, 90%, and Final design stages. Design efforts will address all comments received from previous stages of the project. Once the design is complete and approved by the City, Roth Hill will aid the City in obtaining bids from contractors by providing camera-ready bid documents and assisting the City in answering any prospective bidder's questions during the bid period, as needed. We will also provide an OPCC the City may use for comparison purposes during its bid review. The specific tasks associated with the Design Phase are summarized below: A. Lift Station Design (966 Hours, $253,400) Task Lead: Erik Brodahl The results of the facility evaluation will be used to design the lift station per City Standards. This scope of services assumes a submersible configuration for the lift station with constant- speed Flygt pumps, isolation valves upstream and downstream of the wet well and force main, and an on-site water service. Convenient access to all equipment, especially the check valves, pumps, motors, and electrical panels will be a focal point of the design. Corrosion-resistant materials such as stainless steel and fiberglass will be used in the wet well and overflow storage • facility. In addition, adequate lighting will be provided inside the wet well and the building to allow maintenance crews to work on the station anytime day or night. Emergency storage for the peak design flows will also be provided, in a configuration similar to the East Renton Lift Station, sized as determined during the facility evaluation. The design drawings will include a cover page; an existing site plan; a TESC and demolition plan; a proposed site plan showing the facility layout as well as paving improvements, utility and service relocations, and right-of-way restoration and improvements; a grading and drainage plan; buffer mitigation plan, landscape plan, and plan and profile views of the wet well, dry well, mechanical equipment, generator set and building. Details (standard and project specific) of the various lift station components will also be provided. Drawings and specifications from subconsultants (including electrical, telemetry, structural, architectural, wetland biologist, and landscaping)will also be provided. Roth Hill will prepare detailed design plans, specifications and bid documents for the City's use in obtaining public bids from contractors to construct the proposed improvements. Sub-Consultant Support Architecturally, the building will be designed to blend into the surroundings. This scope of services anticipates the new building will be constructed with a small footprint with landscape screening and architectural features to make the structure fit with the overall appearance of the neighborhood. The building will house the instrumentation and control systems including field instruments and local control devices such as the PLC. Ventilation and climate control measures will also be incorporated. Calculations will be provided for all structural components of the project. A detailed structural/electrical/instrumentation/controls/telemetry design scope of • services prepared by Kennedy/Jenks is attached. F:\0015\00018.000\PrMgmt\Design Scope\Stonegate II Design Scope 120507.doc 12/5/2007 Stonegate II Lift Station and Conveyance Design Exhibit A Scope of Services Page 7 of 12 • Specific Tasks required for this effort are as follows: • Coordinate with City's engineering and operations staff to determine specific operational parameters, preferred equipment and manufacturers, and layout for convenience. • Conduct research to specify preferred products and manufacturers. • Provide refined TDH calculations, select appropriately sized pumping equipment • Perform the structural and architectural design of the lift station. Roth Hill will contract with Kennedy/Jenks for assistance with these services. • Perform the electrical/Instrumentation/controls/telemetry design for the station. Roth Hill will contract with Kennedy/Jenks for assistance with these services. • Prepare and submit design drawings, specifications/contract documents, and OPCC to the City at 60%, 90%, and final design stages. City will provide copies of its standard specifications to facilitate this task. • Attend design coordination meetings with City at 60% and 90%design stages to discuss review comments, and up to two additional meetings relating to facility design. • Incorporate City's review comments at various design stages. • . Assist City with answering prospective bidder's questions during bidding period. • Contract and coordinate with Kennedy/Jenks. • Sub-consultant services as described in Exhibit A.1. Deliverables: • Three half-size reproducible paper review copies of the 60% and 90% design drawings, specifications, and OPCC. • One reproducible quality paper copy of the final bid documents including half-size and 1111 full-size (22"x34") drawings, specifications, and associated contract documents (permits, wage rate table, studies, etc.)for the City's use in obtaining bids to construct the improvements. Tasks Not Included: • Design of surge control or odor control facilities (assumed to be unnecessary). • Shoring and dewatering design (contractor's responsibilities). • Structural manhole design (contractor/pre-cast manhole manufacturer's responsibility). • Property acquisition, obtaining easements or title reports. B. Conveyance System Design (668 Hours, $75,900) Task Lead: Erik Waligorski Roth Hill will prepare detailed design plans, specifications and bid documents necessary for the public bid of the Stonegate II project based on the preferred alternative generated from the Alternatives Analysis Report. This scope of services also assumes the design will be based on the proposed construction methods derived from the aforementioned Alternatives Analysis Report. No other construction method alternative analysis will be implemented as part of the design process. The design drawings will include a cover page, temporary erosion and sediment control plans, plan and profile views of the piping improvements, and restoration and landscaping plans. Details (standard and project-specific)will be developed as needed for the contractor to understand the construction requirements of the project. The landscaping plans will be prepared by ESA Adolfson as described later in this scope of services. • Specific Tasks required for this effort are as follows: F:10015\00018.000\PrjMgmt'Design Scope\Stonegate II Design Scope 120507.doc 12/5/2007 Stonegate Il Lift Station and Conveyance Design Exhibit A Scope of Services Page 8 of 12 • Identify potential utility conflicts based on as-built information and utility locates. • • Prepare and submit design drawings, specifications and OPCC to the City at 60%, 90% and Final design stages. City will provide copies of its standard specifications to facilitate this task. • Attend design coordination meetings with City at 60% and 90% design stages to discuss review comments (two meetings assumed). • Incorporate City's review comments at various stages. • Assist City with answering prospective bidder's questions during bidding period. Deliverables: • Three half-size reproducible paper review copies of the 60% and 90% design drawings, specifications, and OPCC. • One reproducible quality paper copy of the final bid documents including half-size and full-size (22"x34") drawings, specifications, and associated contract documents (permits, wage rate table, studies, etc.)the City may use to obtain bids to construct the improvements. Tasks Not Included: • Further evaluation/comparison of potential construction methods. • Property acquisition, obtaining easements or title reports. C. Specialty Services The specialty services for the Stonegate II project include a geotechnical evaluation and • recommendations for the lift station and conveyance design; a wetlands study and recommendations; landscaping design; public involvement and outreach; and an acoustics study. Some of these specialty services will address project financing, while others help the project to be accepted by the surrounding community and to fit in with the neighborhood while minimizing environmental impacts. Others are important to facilitate the main design work for the project. Each specialty service is described individually in more detail below. Geotechnical Services (42 Hours, $72,550) Task Lead: Erik Brodahl HWA Geosciences will review the available geologic and geotechnical information pertinent to the project, including geotechnical data obtained previously by HWA Geosciences, Inc.for the City's Sunset Interceptor Phase III Improvement project and the Stonegate II Alternatives Analysis Report. HWA Geosciences will also conduct a field reconnaissance of Force Main Alternative#3B, Field Avenue, Sunset Boulevard, and the lift station site to plan and coordinate its field work. They will conduct a geotechnical field investigation to provide information relative to subsurface soil and groundwater conditions along the proposed improvements. A hollow stem auger drill rig will be used to advance test bores of the soils. Field and lab testing will be performed on samples from the test bores to evaluate relevant physical and engineering properties of the site soils. This information will then be used to analyze and evaluate geotechnical requirements/issues associated with the project. Finally, the results of HWA Geosciences will be summarized in a report that can be used by the design team in its efforts. See attached HWA Scope of Services for more detail. Specific Tasks required for this effort are as follows: • • Review draft geotechnical report and incorporate recommendations into the design. F:\0015\00018.0001PrjMgml\Design Scope\Stonegate II Design Scope 120507.doc 12/5/2007 Stonegate I/Lift Station and Conveyance Design Exhibit A Scope of Services Page 9 of 12 • • Coordinate geotechnical services. • Subconsultant services as described in Exhibit A.2 Deliverable • Two paper copies of the Draft Geotechnical Report. • Two paper copies of the Final Geotechnical Report. Wetlands/Landscaping (32 Hours, $31,000) Task Lead: Scott Goss Roth Hill will engage the services of ESA Adolfson to conduct a field reconnaissance of the proposed lift station site and force main route, delineate nearby streams and wetlands, and provide a Critical Areas Report, Buffer Mitigation Plan, and Landscape Plan for the project. See attached Adolfson Scope of Services for more detail. Roth Hill will coordinate these services, engage the subconsultant, facilitate communication, and incorporate the findings, recommendations and designs of the subconsultant into the project plans and specifications. Specific Tasks required for this effort are as follows: • Review draft critical areas report buffer mitigation plan, and landscape plan. • Coordinate services of ESA Adolfson. • Sub-consultant services as described in Exhibit A.3. Deliverable 111 • Two paper copies of the Draft Critical Areas Report. • Two paper copies of the Final Critical Areas Report. • Three half-size reproducible paper review copies of the 60% and 90% buffer mitigation dseape-drawings-and-speeiffeatians7 — -- — — — — — — • One reproducible quality paper copy of the final buffer mitigation and landscape plans including half-size and full-size (22"x34") drawings and specifications. Public Outreach (247 Hours, $29,700) Task Lead: Scott Goss Roth Hill will develop a detailed public outreach program for City review and approval. The program will inform neighbors of impending construction issues such as increased truck traffic, noise, and potential delays and road closures and address the public notification requirements commonly needed for construction permits. Early notification and an honest depiction of the impacts will be a key to establishing open communication with neighbors as part of the City's Outreach Program. Specific Tasks for this effort are as follows: • Research methods of outreach to develop Public Outreach Program., • Meet with City to discuss methods of outreach. • Develop Public Outreach Program. • For this scope of services, the Public Outreach Program for the design phase of the project is assumed to include the following tasks: • Develop, in coordination with the City for content and tone, one press release to be submitted during pre-design phase, to introduce the project and advertise the public • open house meetings. • Develop two direct mailers for public open houses. F'\0015\00018.0001PrjMgmt\Design Scope\Stonegate II Design Scope 120507.doc 12/5/2007 Stonegate I/Lift Station and Conveyance Design Exhibit A Scope of Services Page 10 of 12 • • Investigate and coordinate location for public open houses. • Develop and prepare materials for two public open houses for City review and comment. • Incorporate City.comments on materials for two public open houses. • Attend two public open houses. • Debrief comments received from two public open houses. • Develop and prepare one direct mailer on final design option. Deliverables: • Two paper copies of the Public Outreach Program. • One Press release • Three direct mailer pieces • Visual materials for Open Houses Tasks Not Included: • City will be responsible for mailing all direct mailer pieces. • Services associated with the construction phase of the Public Outreach Program. Acoustics/ Noise Study (16 Hours, $13,900) Task Lead: Erik Brodahl Roth Hill will engage the services of an acoustic consultant to conduct field reconnaissance and a study of the potential noise impact of the post-construction lift station facility. The study will include design recommendations for mitigating any adverse noise impacts associated with the project. These services are anticipated to overlap the pre-design and design phases of the • project. Roth Hill will coordinate these services, engage the sub-consultant, facilitate communication, and incorporate the findings, recommendations and designs of the sub- consultant into the project plans and specifications. Specific Tasks for this effort are as follows: • Conduct field reconnaissance and study of potential noise impacts of the post- construction lift station facility. • Provide recommendations for mitigating potential noise impacts. • Contract and coordinate with acoustic consultant. Deliverables: • Two paper copies of the Draft Acoustics Report. • Two paper copies of the Final Acoustics Report. Tasks Not Included: • Analysis of temporary noise impacts from construction or maintenance vehicles. Easement Exhibits (24 Hours, $2,500) Task Lead: Bill Holladay Several easements will be required for the new force main and the new lift station. Roth Hill will prepare exhibits for the easement documents that the City can then use to negotiate with the property owners and to prepare the easement documents. These documents will consist of CAD drawings that show the alignment of the proposed facilities and the easement widths and locations. This scope assumes six easements will need to be acquired (five for the force main II/ route and one for the lift station). o, F:\0 5\00018.000\PrjMgmflDesign Scope\Stonegate II Design Scope 120507.doc 12/5/2007 Stonegate I!Lift Station and Conveyance Design Exhibit A Scope of Services Page 11 of 12 • Specific Tasks for this effort are as follows: • Prepare easement exhibits based on the design plans and input from the City resulting from its negotiations with the property owners. Deliverables: • Two paper copies of the draft easement exhibits. • Two paper copies of the final easement exhibits. Tasks Not Included: • Preparation of legal descriptions and other easement documents. • Negotiation with property owners for easement acquisition. • V. Permitting (148 Hours, $15,400) Phase Manager: Scott Goss Based on the currently proposed design option and alignment, Roth Hill will prepare an Environmental Checklist for the SEPA process required for pipes greater than 8 inches in diameter and for construction of the sewage lift station. In addition, the following permit applications are anticipated: • City of Renton Right-of-Way Permit • City of Renton Grading Permit • City of Renton Building Permit • Washington State Department of Fish and Wildlife (WDFW) Hydraulic Project Approval • (HPA) • King County WTD sewer extension letter • King County Right of Way Permit • King County Grading Permit We may also need to submit to the Dept. of Ecology for project coverage under the statewide NPDES permit for construction activities for projects disturbing more than one acre. We will not know if this effort will be required until we have more information on the total amount of area that will be disturbed by the project. The Environmental Checklist will be prepared based on the 30% conceptual design drawings. The 60% design documents will be used for the initial Building Permit and HPA submittals. The 90% design review documents will be used for the other permit submittals. Roth Hill will prepare the required documents and applications. The City will be responsible for any required permit fees. Specific Tasks for this effort are as follows: • Prepare draft SEPA checklist for review by the City. • Assist with and prepare document for DNS issuance by the City. • Prepare the permit applications and submit them to the approriate permitting agency for review and approval. • Monitor permit approval progress and coordinate with the permitting agencies. Deliverable: • Permit application packages to City of Renton, King County, Washington Department of • Fish and Wildlife and possibly Washington Department of Ecology. • Draft and final SEPA Environmental Checklist. F:\0015\00018.000\PrjMgmt\Design Scope'Stonegate H Design Scope 120507.doc 12/5/2007 Stonegate 11 Lift Station and Conveyance Design Exhibit A Scope of Services Page 12 of 12 • TASKS NOT INCLUDED IN THIS SCOPE OF SERVICES: • Submittal of a report to DOE (pursuant to WAC 173-240) if the preferred route alternative is not included in the City's existing Comprehensive Sewer Plan • Preparing an amendment to the City's Comprehensive Sewer Plan, if required • Permits not specifically listed in this scope of services • Permit fees required by outside agencies • Contract document reproduction • Construction phase services and assistance • Regulatory compliance efforts • Environmental studies and reports not specifically identified in this scope of services • Easement preparation and/or negotiations except as noted above. • Property acquisition • SEPA required activities beyond a Determination of Non-Significance • Construction related services PROJECT BUDGET Roth Hill will provide the services describe above for the following fees. The sub-consultant budgets include a 15% markup by Roth Hill on services provided by Roth Hill's sub-consultants. Sub Labor Labor Reimbursable Consultant Total Description Hours Budget Budget Budget Budget Project Management 402 $60,545 $1,455 $0 $62,000 • QA/QC 104 $15,220 $280 $4,600 $20,100 Topographic Survey 358 $33,576 $1,924 $4,600 $40,100 Facility Evaluation 468 $53,600 $2,535 $42,665 $98,800 Lift Station Design 966 $107,620 $5,595 $140,185 $253,400 Conveyance System Design 668 $72,164 $3,736 $0 $75,900 Geotechnical Services 42 $5,980 $272 $66,298 $72,550 Wetlands/Landscaping Services 32 $3,092 $199 $27,709 $31,000 Public Outreach 247 $28,758 $942 $0 $29,700 Acoustics/Noise Study 16 $2,284 $116 $11,500 $13,900 Easement Exhibits 24 $2,348 $152 $0 $2,500 Permitting 148 $14,900 $500 $0 $15,400 Total 3,475 $400,087 $17,706 $297,557 $715,350 END OF EXHIBIT A • F:10015\00018.0001PrjMgmt\Design Scope\Stonegate If Design Scope 120507.doc 12/5/2007 • EXHIBIT• I ROTH HILL ENGINEERING PARTNERS, L.L.C. PROJECT DESCRIPTION The City of Renton's (City) Stonegate Lift Station Project includes the construction of new gravity sewer mains,force mains,and a new lift station.The project will enable the City to take the existing Summerwind Lift Station out of service. The design phase of this project includes an initial facility evaluation,whichwill determine the location of facilities and produce design documents at approximately 30%level of completion.The design phase will also include completion of the design documents and assistance during the bid period.A separate Scope of Work will be developed for construction services. Kennedy/Jenks will be acting as a subconsuitant to Roth Hill Engineering Partners, L.L.C. (Roth Hill),on this project. Kennedy/Jenks will be responsible for the following project elements: • Structural,architectural,and mechanical design of the control building • Structural design of the overflow storage structure • • Electrical design • Instrumentation and control systems design. Kennedy/Jenks will also provide assistance to Roth Hill on various project elements. These tasks are anticipated to include: • Evaluation of alternatives for locating the control building • Evaluation of construction methods for the below-grade structures • Preparation of documents for use in the City building permit application. SCOPE OF SERVICES Task 1: Project Management Task 1 will consist of Project Management activities including: • Kickoff meetings with the City,to be attended by the Project Manager and Electrical Engineer.These meetings are expected to include site visits to facilities previously designed by Roth Hill, Kennedy/Jenks, and to existing City facilities. • Quarterly project meetings with the Roth Hill and/or City,to be attended by the Project Manager. 4110 • SCOPE OF SERVICES,DESIGN PHASE CITY OF RENTON,STONEGATE LIFT STATION PROJECT • Invoicing and other activities related to the administration of the contract between Roth Hill and Kennedy/Jenks. • Ongoing project coordination activities required by the Project Manager. Project management for this task only includes activities during the anticipated duration of the design phase. Task 2: Design Facility Evaluation Kennedy/Jenks will prepare information related to the project elements described above.Text and supporting documentation will be provided to Roth Hill for inclusion in a facility evaluation document. Specific items to be addressed by Kennedy/Jenks include: • Alternative analysis related to building materials,engine-generator installation,and construction of below-grade structures.Two alternatives will be considered for each item.Alternative analysis will include a brief description of each alternative, capital and life-cycle cost estimates,and a recommendation as appropriate. • • Preliminary control building layouts and elevations.A layout showing locations of major equipment, ingress and egress points,and general building features will be developed. Architectural elevations showing the exterior of the building will be provided. • Review of code requirements related to the control building. Kennedy/Jenks will prepare a memorandum summarizing building requirements.The memorandum will address applicable building,fire, mechanical, plumbing,and electrical codes. • Identification of sustainability-related features. Kennedy/Jenks will prepare a short memorandum identifying possible features that may result in reduced greenhouse gas emissions, improved energy efficiency, use of recycled materials,etc.The memorandum will summarize potential benefits and identify potential project costs. • Electrical single line diagram showing key components of the electrical distribution system(utility transformer, standby generator,significant motor loads,etc.). • Process schematic and written control strategy that describes intended method for controlling key processes at the pump station(pumps, communication to offsite facilities). • Assistance to Roth Hill in determining the location of the structures. • Estimate of Probable Construction Costs for elements described above. Roth Hill will be responsible for the preparation of the facility evaluation. Kennedy/Jenks will provide text for inclusion into the report,figures supporting the text,and materials to be included kt7t071137192 rontlLesnloastamplaluccpuice 2 • SCOPE OF SERVICES, DESIGN PHASE CITY OF RENTON, STONEGATE UFT STATION PROJECT as attachments. It is assumed that a draft facility evaluation will be submitted to the City, comments will be received from the City, and a final facility evaluation will be submitted. Final Design Documents Kennedy/Jenks will prepare design documents related to the project elements described above. These documents will include: • Construction drawings stamped and signed by an engineer registered in the State of Washington. • Technical specifications for structural, architectural,electrical, instrumentation, and building mechanical items. Process mechanical specifications(pumps, pipes,etc.)will be provided by Roth Hill. • Estimates of Probable Construction Cost. • Washington State Energy Code compliance documents and structural calculations for submission with the building permit application. • • Puget Sound Energy service application. Roth Hill will be responsible for the reproduction and delivery of all documents to the City.Two preliminary submittals and one final submittal have been planned. Kennedy/Jenks will provide Roth Hill with documents in electronic format for all submittals and one set of stamped hard copies of the final submittal. Final products shaft be provided in original electronic format(Word, AutoCAD,etc.)saved to a version that can be read byCitysoftware. Design submittals will be made at the 60%,90%, and 100%levels of completion.The facility evaluation will be considered the 30%submittal. Bid services will include attendance at a Prebid Meeting (if required)and answers to questions provided by Roth Hill.Addendum will be prepared by Roth Hill. Kennedy/Jenks will provide documents(plans,specifications, calculations)for inclusion by Roth 11111 in the City building permit application. One meeting with the building department will be attended by the Project Manager. Assumptions The above Scope of Work assumes the following • Roth Hill will be responsible for design of project elements outside the pump station site, demolition of existing facilities,and for sizing and basic configuration of the wet well and overflow storage structure. • Geotechnical information will be provided to Kennedy/Jenks by Roth Hill. • �eononez 3 1111 SCOPE OF SERVICES, DESIGN PHASE CITY OF RENTON,STONEGATE LIFT STATION PROJECT • SCADA,communications,and security system designs will incorporate concepts requested by the City.Radio surveys, evaluation of hardware and software options, security and vulnerability assessments, or other evaluations are not included. • Two days(two persons each day)have been budgeted for the Kickoff Meeting and site. • Code review will only include codes applicable to the lift station building(building,fire, mechanical,etc.). Environmental regulations, stormwater and drainage requirements, and other codes not applicable to the pump station building are not included. • The lift station control building is assumed to be approximately 800 square feet, single story.The building will include an electrical room,and possibly a restroom. It has been assumed that the standby generator will also be installed in the building.Construction is assumed to be wood-frame to match the appearance of the houses in the neighborhood. • The overflow structure will be a cast-in-place, below-grade structure with a capacity of approximately 90,000 gallons.The structure is anticipated to be approximately 25 feet deep. • The generator is assumed to be approximately 150 kW.An external diesel storage tank • may be required,depending on the final generator size and storage requirements. • The electric utility(Puget Sound Energy)will provide sufficient 480 VAC, 3-phase power to the site. • Construction services have not been included in this proposal.Construction services may include operations and maintenance manuals, review of shop drawings and other submittals, responses to Requests for Information RFIs), review of change order requests, site visits and inspections during construction,startup assistance, and/or record drawings.A separate proposal for these services will be provided, if requested by Roth Hill. • A fixed budget has been included in the design to address sustainability items identified by the City during the facility evaluation.Additional budget may be required, depending on the effort required to incorporate those items. BUDGET The budget for the above referenced work shall be set at$159,000,and is based on the attached Schedule of Charges dated 26 November 2007. Kennedy/Jenks agrees not to exceed this amount without prior authorization from Roth Hill. SCHEDULE We have assumed that the facility evaluation phase will start in January 2008.The 30% submittal will be submitted March 2008. Significant comments or changes to the concepts in the • It2027107192rar�oortmbnopsieldb, ..Too 4 • SCOPE OF SERVICES,DESIGN PHASE CITY OF RENTON, STONEGATE UFT STATION PROJECT draft facility evaluation would require re-evaluation of the project schedule.The 60%submittal is anticipated for May 2008.The 90%submittal,which will be included in the King County building application,will be completed in July 2008. Significant comments or changes to the concepts in the draft pre-design report would require re-evaluation of the project schedule.One hundred percent stamped documents would be completed after receiving building department approval, which is assumed to be complete by November 2008. • • Lizorvimow uirtui a ormb_,00,.ea 5 KetmedY!Jenks= onsult€nta 1111 Client/Address: Roth Hill Engineering Partners,LLC 2600 116th Avenue N.E.,Suite 100 Bellevue,WA 98004 Contract/Proposal Date: 27 November 2007 Schedule of Charges Personnel Compensation Classification Hourly Rate CAD-Technician $84 Designer-Senior Technician $103 Engineer-Scientist-Specialist 1 $90 Engineer-Scientist-Specialist 2 $98 Engineer-Scientist-Specialist 3 $114 Engineer-Scientist-Specialist 4 $125 Engineer-Scientist-Specialist 5 $140 Engineer-Scientist-Specialist 6 $160 Englneer-Scientist-Specialist 7 $175 Engineer-Scientist-Specialist 8 $190 Englneer-Scientist-Specialist 9 $200 Project Administrator $79 Administrative Assistant $65 Aide $53 • Direct Expenses Reimbursement for direct expenses,as listed below,Incurred in connection with the work,will be at cost plus ten percent for items such as: a. Maps,photographs,reproductions,printing,equipment rental,and special supplies related to the work. b. Consultants,soils engineers,surveyors,contractors,and other outside services. c. Rented vehicles,local public transportation and taxis,travel and subsistence. d. Specific telecommunications and delivery charges. e. Special fees,Insurance,permits,and licenses applicable to the work. f. Outside computer processing,computation,and proprietary programs purchased for the work. Reimbursement for vehicles used In connection with the work will be at the rate of 48 cents per mile or at a negotiated monthly rate. Rates for professional staff for legal proceedings or as expert witnesses will be at rates one and one-half times the Hourly Rates specified above. Other in-house charges for prints and reproductions,equipment usage,laboratory analyses,etc.will be at standard company rates. Excise and gross receipts taxes,if any,will be added as a direct expense. The foregoing Schedule of Charges Is Incorporated Into the agreement for the services provided,effective January 1,2007 through December 31,2007.After December 31,2007,invoices will reflect the Schedule of Charges currently In effect. • 0 S a SII Y S0' e C $ s- 1'o R R;7 r-, 4 :-, a0 R V X t r'' R - - ., R e o' . e d a via • la: Ili - . ♦ N a /� o yft; Ig b V- e . . ! ' e _ n '" « a R 3 i a lit • W b iI' . I . t 0 wf o. • x erg . . { N .4 ♦ . • .iii: . - ' . . . 1 I • .I I t N NN N , ., 4 J '£ S K R . % . e . N N • e . . N N N N . Fp Ala 4 • . 1 ! 4 1J I 1 I• i IIi ' it i Eli f 111 . 1 liflult ii ilk : III 2 / 12 2 1 8 S k 8 8 g. § 8 2 8 8 $ S 2 0 g s R 8 A 2 E 1:• Y § i n x A x A l 2 u A C AAA S :, It li C t! - S $I « r. S w « w w E • 111 8 $ 8 11 is ii 8.S 6 1 $l9 3a sriidixrid c A ssi' d atsif1 3 n d o .2 n " n n n n £+ rf R n n o n n n R' « S S v' 'r°• Y S o g g,. 8 11 la ill I o R 8 8 e « O O O O k n .. 8 • Ds 14 h • V O i 11 w �A + S g a° r� r • V CV tX S O • O H O O • n ' •j V n I le 1 1 S 412C a ±l.- •[ n .. v. it?:, • if , p.- . . , 1 1 1 I i i , ' tit i i Ii N+i _ .. .- .. • I- i 8 11 7) 21111. 1111111111 / 11 f 1iIiI r •• HWA GE0SCIENCES INC. _O 1 Geo!rc, ,ai:; Pavement Engineering•ll ir NtOtuS) `C[ttn•itt tnetlif .Jtx .rrtion: i ut c EXHIBIT aci.z Revised November 26,2007 Roth Hill Engineers, LLC. 2600 116th Avenue N.E.,Suite 100 Bellevue,Washington 98004 IIS Attention: Mr.Erik Waligorski,P.E. Subject: SCOPE AND COST ESTIMATE Phase II Geotechnical Engineering Services Renton Stonegate II-Sewer System Improvements Renton,Washington Dear Erik: illIn response to your request,HWA GeoSciences Inc.(HWA)is pleased to present this scope and cost estimate for Phase II,design-Ievel geotechnical engineering studies for the proposed sanitary sewer and lift station improvements,as part of the Renton Stonegate II Sewer System Improvement project in northeastern Renton. Washington. Please refer to our Pre-Design Geotechnical Feasibility Report for background information. Phasell-Design Geotechnical Investigation Phase II will consist of the development of engineering soil parameters,geotechnical recommendations,and details used to design the project for construction. The objective of this phase is to evaluate conditions along the route for Force Main Alternative#3B as well for the improvements within Field Avenue NE and along NE Sunset Boulevard,which were selected as the preferred improvements at the conclusion of Phase.1. Our evaluation will include the following tasks: 1) We will review the alignment for Force Main Alternative ti3 B and plan and coordinate the field work. This will include preparation of an exploration/trafc contral plan for review and approval by the City. 2) We will;conduct a geotechnical field investigation program to provide information relative to subsurface soil and ground water conditions present along the proposedproject. alignment, creek crossing,and new lift station location. We envisage utilizing.a hollow= stein auger drill rig to advance the borings,and depending upon location 19730 64th mem* . will employ truck-mounted or limited access equipment. All drill cuttings silk* I:ynncti od;w 980- •;5957 4110Fair:x125.7744714 waw:hwir:!!'*_crew oiu - Revised November 26,2007 • will be hauled away from the site. Traffic control measures will be undertaken during exploration as necessary. 3) Wewill conduct explorations along the NE Field Avenue Interceptor alignment for consideration of sewer up-sizing by pipe-bursting.The subsurface investigation will need to characterize the existing trench fill materials in addition to soils in the adjacent native • ground.We anticipate 3 to 4 pairs(one inside and one outside the existing sewer trench) of shallow borings spaced approximately 300 feet apart along Field Avenue-NE from Sunset Boulevard to the manhole near the intersection with NE 20thStreet.The borings will typically average between 10-15 feet deep and be conducted.using a truck-mounted drill rig. 4) We will explore the route proposed to connect the wet well at the existing Summerwind lift station with the Stonegate gravity sewer system in NE 24th Court. We will drill three soil borings ranging from 15 to 30 feet depth,located in the middle and near both ends of the planned connection.A limited access(track-mounted)drill rig will be used for these explorations. We will install piezometers in at least two of the.three borings to measure local groundwater elevations. 5) We will drill exploration borings on each side of the creek crossing west of 147th Avenue SE(Alternative#3B)to determine soil properties that may impact the installation of the force main under the creek. These borings will be about 20 feet.deep and will include piezometer installations to measure groundwater elevations.A limited access(track- mounted)drill rig will most likely be required for exploring the crossing:along • Alternative#3B. 6) We will conduct two exploration borings at the location of proposed new Stonegate II lift station.The borings will be drilled to depths of at least 10 feet:below the design base level of the new facility-(,probably 30 feet each).A limited access drill rig will used to minimize the damage to the existing,lawn..One of the.two borings will be.completed as a piezometer to measure ground water elevations. The City will obtain access permission from the homeowners association. If access is denied,then the bores will be performed within I486Avenue.NE adjacent to the site. 7). We will drill a few widely spaced exploration borings along the preferred force main alignment. These borings will be drilled on a spacing of about one every 750 feet and will extend no deeper than about 2 feet below the design pipe_uivert(4-6 feet).These boringswill be conducted with a truck-or track-mounted drill rig as necessary to suit surface conditions along the chosen alignment 8). We will conduct field andlaboratory testing to evaluate relevant.physical and engineering properties of the site.soils. The tests will be pet-forined in general accordance with appropriate American Society for Testing.Materials(ASTM)standards,and will include Standard Penetration Tests(SPTs),natural moisture content determinations;and_grain size analysis as:appropriate. ROW StonegattO.SeiverSysten Improvements 2 HWAOeuscicncesIna • r • Revised.November 26,2007 9) We will perform engineering analyses to evaluate geotechnical requirements/issues associated with the project. The analyses will include open trench and trenchless pipe installation,temporary shoring requirements for the new lift station;pipe heave and settlement potential;suitability of on site soils for re-use as trench backfill material;and buoyancy considerationslor permanent below grade structures: 10)We will prepare a draftdesign geotechnical report containing the results of our geotechnical engineering investigation including description of surface and subsurface conditions,a.site plan.showing exploration locations and other pertinent features, summary boring logs,and laboratory test results. The report will provide geotechnical recommendations_for design and construction of the sewer pipelines including recommendations regarding the use of alternative trendless technology methods. In addition,recommendations for allowable soil bearing pressures;lateral loads,buoyancy and seismic design parameters for the new lift station will be provided. 11)We will participate in up to two meetings with the designteam.to discuss our findings and recommendations. 12.)We will prepare a final geotechnical engineering report incorporating any relevant comments developed during review. 13)We will provide project management for the geotechnical tasks. III COST ESTIMATE Based on our understanding of the project and assumed conditions,we propose to provide these Phase II geotechnical services.on a time and expense basis. The cost of the services proposed herein,including subcontract work,is estimated to be about$57,650.A breakdown of our Cost estimate is provided on the attached worksheet. However, if unexpected conditions are revealed during the evaluation or you request analyses and evaluations that would'require a level of effort beyond the scope of our study and budget, we will contact you immediately to discuss and gain approval of any necessary niodiftcations to our scope of services and/or budget estimate prior to doing any work beyond our original scope. Piezometers installed at various locations-along the project will be the property of the City and should be eventually decommissioned in accordance with DOE regulations. This can be effectively achieved during project.construction,by grouting the installations under the direction of a geotechnical professional. Costs for decommissioning of piezometers are,however,not included in the scope of the work. . Our scope of services does not include the evaluation of the._potential presence and/or concentrations of contaminated and/or hazardous materials on site,nor the identification or delineation of wetlands and the project's potential impact on them. o-o IIIRenton Stoncgate 11 SelverSystem lnproveaxnts. 3 IIWA Gear:tenaS`I c. Revised November 26,2007 • We appreciate the opportunity-to present this proposal for geotechnical services on this project. If you have any questions regarding this proposal,or need additional information,please do not hesitate to contact us. Sincerely, 11WA GEOSCIE CES IN Steven E. Greene,L.G.,L.E.G. Erik O Andersen,P.E. Senior Engineering Geologist Geoteehnical Group Manager Vice President Enclosure: Cost Estimate Worksheet • • ' Renton Stortegstte IL Sewer System Iminovemems 4 HWA OcoSciencts r . . 0 Prflied Cost Estimate HWA Ref: 2007.080 Phase U Qeotechnkal Engineering Services Date: Renton Stongate 11 Sewer System Improvements Revised: 26-Nov-07 Prepared for:Erik Waligorski,P.E. Prepared By: SEG/E0A Roth Hill Inc. - 'f,tt:1;ritt.:131 lir.intlo.:. "IY,sisw:',..tiw,....a, k, ';..-...s3.1:4,4..wcqe.,... wo,raza,,, , Abuov,,,L.,4i;_,;:,.i.,,alLigiv- •tili,zu,4a.,,,,,,I.e."44:;,LtrQvdt.toitimg,i,,:tmsg,,p,w,.!,,Ati lv,tti, Project Scope described-in attached tette?dated September 26,2007 _ - .„-iligiely-„-ini,,74,:gvitivilavw,5:‘'••pr,":::;m04NV,"4.'',i.-"V-it ItI4WII.dgtt•gp , FRATIVISii,t.S.:Vt';R4Siall.itrniffe4MiLL: ..:,,1-.4-40.,0,,,,,„... .41.tatIghailtifiritallarilifinThiLv.at,L. al,a ESTIMATED HWA LAIXilb PERSONNEL 4Ic 2007 HOURLY RATES WORKTASK Principal, ! PittAltir I Eng Oeolosist I StalTEng/Geol I CAD I Clerical TOTAL TOTAL DESCRIPTION 200.00 I 131.00- i 140.00 1 90.00 I 6100 I 55.00 HOURS AMOUNT Phase 11I , . . _ ---------- - -----------. Exptonttion te Traffm•Plan ; 2 1 4 i 8 I I : ti $1,404 i- - : Field Avenue Interceptor ' 4 I i 12 I • . 16 $1,640 I StMuiterwing-Stonegate Connector -1 t- 1: 4_ 2° 1 . 24 $2,360 'or_co MaM Alivurient i -4- I 20 : 24 52,360 . --:— Creek-Crossing 1 4 I 12 2 ' 18 $1,764 UR-Station ; ; . I 2 .1 12 14 $1,360 -1 Borklg logs and ProBles • 2 " 4 ; it1 3 17 51.728 Ettgineerina AnatOes• 2 I-724 7 8 i 8 42 55,384 : Draft Report 2 I 16 I 4 i 4 I 4 4 34 53,884 i --; , .., . ._ .. .. ._ Fin-it..1 Report 2 ; 8 I 2 ! 2 2 f- 4 20 $2,252 • •• Project Adminittitgx(2 assumed) 2 : 40 " 2 I 44 55,920 TOTAL LABOR: 8 •92 42 106 12 8 268 S30,256 LABORATORY.TEST StibIMARY: 0 Est No.. ; Unit i Total ESTIMATED DIRECT EXPENSES: Test . This ! Cost ; Cost Pavement Cores $1,400 Moisture-Content, 60 ! $18 i $1,080 DriBing.Subcontractors 521,000 MOisturottensity Tests(Proctor)._ . 4 ; 5;175 1 $700 Traffic Control 513300 Atteiberg Lanai ..$130 ; $520_... Mileage$0.485 a mile 5250 GrAM Size Analysis 12 i $75 I 5900 Laboratoty'testing $1:200 ilfiNil $33204 Mise/Rerirt Production 5150 IT•iltAlIlii.OillIMMII 511,40 I PROJECT TOTALS: Total Labor Cost $30,256 Direct Expenses $27,400 i $57•656 CONDITIONS 1. All street use pennits and private property access permission will be obtained and/or granted by others. 2. Geotechnical evaluation includes physical soil properties only;does not include evaluation of potentially contaminated ground Water,or the Identification of wetland areas. 4. The project manager has the discretion to transfer labor and budget dollars between tasks to satisfy project objectives. 4110 • C X/fit iT A.3 • Stonegate II Lift Station and Pipeline Project • Scope of Work—ESA Adolfson November 15,2007 CURRENT PROJECT UNDERSTANDING The project includes an evaluation of the service and associated facilities tributary to the existing Stonegate and Summerwind lift stations. An alternatives analysis related to environmental impacts of the conveyance improvements was performed in June,2007 for three alternatives. A preferred alternative for the new gravity sewer main, force main,and lift station to take the existing Summerwind and Stonegate Lift Stations out of service has been preliminarily identified. A new lift station will replace the existing Stonegate Lift Station because the addition of flows from the Summerwind Lift Station would exceed the existing Stonegate Lift Station's pumping capacity. A new force main will convey flow from the new lift station along 148th Avenue SE and NE 20th Street to the City's existing sewer system. One option for siting the new lift station may impact wetland buffer. As a result,the wetland boundary will be delineated in this location. Because of the potential wetland buffer impact in this location,up to two alternative sites for the lift station will be evaluated for environmental impacts.In addition,it is anticipated that the pipeline will involve one stream crossing. We do not anticipate any direct stream or buffer impacts. It is our understanding that the City will assume lead agency status for 111 the SEPA review of this project,and that the project will be subject to City critical areas permitting requirements,but not require state or federal approvals. ESA Adolfson(Adolfson),as a subconsultant,has identified the following task to support the wetland and stream delineations and landscape planning portions of the Stonegate II Lift Station project. Assumptions: The scope of work and cost estimate are based upon the following assumptions. 1. Wetland delineations will be conducted for the preferred alternative lift station site only. 2. Field reconnaissance will be conducted for up to two alternative lift station sites. 3_ Direct wetland and stream impacts are not anticipated. It the selected lift station site is located within wetland buffer,compensatory mitigation will be required(see Task 2). 4. A stream crossing will occur within an unimproved area. It is our understanding that the stream crossing will be conducted using trenchless technologies,and direct impacts to the stream or buffer will not occur. 5. The new lift station will be designed to look similar to a residential garage. • Stonegate II Lift Station 1 • ESA Adolfson Scope and Budget 6. Roth Hill will be assisting the City with SEPA compliance. 7. No state or federal approvals will be required. TASK 1: WETLAND/STREAM INVESTIGATIONS Wetland/Stream Delineations As part of this task,Adolfson will conduct a field delineation of wetlands near the preferred alternative lift station site. Wetland boundaries will be flagged to the north of the proposed lift station site(the southern boundary of the wetland)to determine the extent of the wetland buffer and the potential for buffer impacts. In addition,the ordinary high water mark(OHWM)will be flagged for the proposed stream crossing south and west of 147th Avenue SE. Procedures: 1. Delineate the southern boundary of the wetland adjacent to and north of the proposed Stonegate Lift Station site. The wetland boundary will be flagged in the field. The flags will be surveyed by Roth Hill,and a drawing depicting the wetland boundary will be supplied to Adolfson for use in the Critical Areas Report. • 2. Delineate the stream boundary and OHWM for the stream crossing south and west of 147th Avenue NE. The stream boundary will be flagged in the field. The flags will be surveyed by Roth Hill,and a drawing depicting the stream boundary will be supplied to Adolfson for use in the Critical Areas report. 3. Prepare a report documenting the value and extent of critical areas in the project area (wetland adjacent to the proposed lift station and one stream). This report will be submitted to the City of Renton for permitting purposes. Reconnaissance 1. Also as part of Task 1,a field reconnaissance will be conducted for up to two alternative lift station sites identified by Roth Hill. A technical memorandum will be prepared documenting the environmental conditions and constraints associated with the alternative locations. Deliverables: 1. Wetland and stream boundary flagging. 2. Critical Areas Report. 3. Field reconnaissance technical memorandum. Stonegate II Lift Station 2 ESA Adolfson Scope and Budget • TASK 2: BUFFER MITIGATION PLAN If the new Lift Station is located within wetland buffer,Adolfson will prepare a conceptual and final mitigation plan to address construction-related impacts and final site enhancement. The plan will list appropriate plant material based upon surrounding wetland buffer areas. An estimate of the number of plants will be provided,along with the identification of weed control strategies. Procedures: 1. One site visit will be conducted to assess the quantity and type of buffer impacts,including current site vegetation and buffer value. This will be combined with Task 3 below. 2. Prepare a conceptual mitigation plan for submittal to the city. The conceptual mitigation plan will be added to the Critical Areas Report prepared as part of Task 1. Comments received on the conceptual plan will be integrated into the final mitigation plan. 3. Prepare Final Mitigation Plans. Adolfson will prepare final buffer mitigation plans for the proposed lift station site. The plan will include plant types and density,planting details,and a monitoring plan with specific performance standards. Adolfson will submit one camera- • ready full-size,and one camera-ready half-size final stamped and signed buffer mitigation plan originals for copying by the City. Deliverables: 1. Conceptual Mitigation Plan. 2. Final Mitigation Plan and Specifications. TASK 3: LANDSCAPE PLAN Prepare a landscape plan to address construction-related impacts and fmal site enhancement of the new Lift Station. The plan will list appropriate plant material based upon areas surrounding the site. An estimate of the number of plants will be provided,along with the identification of weed control strategies. We anticipate that the lift station will be designed to resemble a residential garage,and the landscaping will be designed to fit in with the surrounding area. Procedures: Stonegate II Lift Station 3 • • ESA Adolfson Scope and Budget 1. One site visit will be conducted to assess the current site vegetation and review adjacent sites for appropriate vegetation types for the landscape plan. This will be combined with Task 2 above. 2. The landscape plan will include a monitoring plan with specific performance standards. 3. Prepare 60%Landscape Plans. Adolfson will prepare 60%design plans for the proposed lift station site. For the purpose of determining the level of effort for this task,Adolfson will prepare up to two sheets at 1:20 scale that will describe necessary landscaping for the lift station site. Adolfson will prepare bid items,quantities,and construction cost estimate for the landscape plan. Adolfson will submit half-size 60%plans,specification outline and construction cost estimate to the City and Roth Hill for review and comment. 4. Prepare 90%Design. Adolfson will prepare 90%design plans based upon the City-approved 60%landscape plans. Adolfson will revise bid estimates,quantities,and construction cost estimate for the landscape plan. Adolfson will submit full-size 90%plans,specification outline and construction cost estimate for the City and Roth Hill for review and comment. 5. Prepare Final Landscape Plans. Adolfson will prepare final landscape plan documents. Submit one camera-ready full-size,and one camera-ready half-size final stamped and signed plan originals for copying by the City. • Deliverables: 1. Sixty percent Landscape Plans and Specifications. 2. Ninety percent Landscape Plans and Specifications. 3. Final Landscape Plans. • Stonegate 11 Lift Station 4 Stonegate II Lift Station '" FSA Aciokfson ESA Adolfson 11/15/07 Senior Managing Managing Senior Senior Labor Category Director I Associate I Asaodate I Associate It Associate I Aseoda%I Admin Graphics Total Staff Name T.Vanderburg L Adolhen M.Epstein S.Krueger I.Logan B.Sullivan D.Sutherland J.Bayer Rate f 167.00 ,.0 1 5.00. 104.00 :•00 •••• '3•, 100 Task 1•Watland/SSwam 11W. .•itlons >•.,_ $"•q A.a �.:� ,:sti;;A. :.r•.�. �?.�' �'�t;,'�'c,aSY,.,•x^�.a.C• ;..�h'z*^L.�ySayi£�i'.PI?N�" Y'2ktJ;°.�,'� a.;g' ..';t . *"'s^..+°`k`.Yi •":� 3.,.. 4u' T;ws.ZnR'$s'*. .t,w`�' ' r:?S'..,ui, �z}"�, as°&z� nk. - .:_• ' e land/Stream Delineation,Report Preparation 1 2 36 p, 40 4 6 69 Vend R -•nnalasanca Tech Memo 1 4 6 1 1 15 � I t 5 2 36000 0.000 ! 44500 $ 49700 *..ACM,,,•c.,..-s.`ijMfinP: h k�3 ty��e� ,r{" s✓'i� .a l r�k3v-U',,e, ,L,,d'r Y�r ,t th a.. t��iws+s r¢ �� "s o a Is, h m"'S PPM ,R•-"-.m ..,. . o X-.5.�v.. , . St_{;a1fA... o.,J.^b ^--•ih�i'�uw ._ .I' c,R..'.7 :T�:,.q,.,i.;eo-k, ,. 9- v. xA'.`..1�.'.`�k Task 2-Buffer Mftl• •on Plannln• Alar .1 A •' ,o*: Az" .t:@' +1.uS ,�±, se + '��h.y. '•xtu. >Rau t,�•<.'D't;„ - �v} _ ,K�i.', C .�'3ili X31`�:.'r`i'` ';z�n�, 'sy,,<�:`"--.;:� s:d h; �;k?.:;s's aY:-., .:::'ri�4�G.`';-s u•.;:ei:!."."�,"tt4�,�:�,;,,' .�:'�: Concaptual Buller Mhlgation Plan 1 1 20 2 24 46 Find Plane/S•-- cations 1 1 4 2 10 S 192.00 f 171600 allll�I i4�s �' KKr �dss...,?- 1,..e<vui;4-t.:.,,,,,� d ,. .;a.,,....,t..r...{km .-.rxru�t �r:ra..+Z�'.•a ,�,..nv-r�tiy_.Ji::.,, 3v.,.*�i� se.. .<13 .,:+v. ...,tP�•, ,,vr.,.��,.. ,. _,s.�..:.tt... Task 3•Landaca• ',tannin• . ?..- , ^'.. »sE.. ro,,,• :;'v:t'a `a f i4"k'�::' w.�. C� „ a�•y''i•'�_'-€,a,,, g,.r�:, ,..,..'sfiiwd,a»vaai .aq 4e « 60%SubmIttal . .K. 16 44 90%Submittal 6 5 Final Plana/S• -6calloni 1 1 4 32 2 10 �^+ � 1111771M11111114,31 nummummmec i 1 5.600 '4rr�• ✓ 1FslL4•-4 si az tii-0tw,'.�, -^`e5i 7':5 �. H:,.... ,..,.,-.:A.s.,....,.7 L:.a.r2 °. .., &-�?.S•a,,>'S.�,s'.-.• �` .,N�,.,. <':a,.,. ._.<A ,...x,} Total Estimate $ 24,095.00 Pape 1 of 1 11/10/2007 520 AM •• T • Exhibit B City of Renton Stonegate II Lift Station and Conveyance Design Roth Hill Engineering Partners, LLC PROJECT SCHEDULE Major Work Item Begin End Design Project Startup December 2007 Phase 1 — Project Management December 2007 June 2009 Phase 2—Quality Control/Quality Assurance December 2007 June 2009 Phase 3 — Pre-Design December 2007 May 2008 Phase 4 - Design Phase May g 2008 April 2009 41) Phase 5 - Permitting September 2008 April 2009 Bid Services May 2009 June 2009 Construction Services To Be Determined To Be Determined Design Contract End July 2009 • F:10015\00018.000\PrjMgmt\Design Scope Exhibit B_Schedule.doc 1 Printed:12/10/2007 EXHIBIT C • SCHEDULE OF HOURLY RATES Roth Hill Engineering Partners,LLC.fee schedule by staff and reimburseable expense classification as of October 01,2007. Rates are subject to modification. Staff Time Classification Hourly Billing Rate Range EIT/Sr.Designer $78.00 - $106.00 Civil Specialist $81.00 - $143.00 Engineer $119.00 - $155.00 Project Manager $121.00 - $161.00 Planner $85.00 - $108.00 Technician $50.00 - $77.00 CAD(includes mapping and GIS) $84.00 - $103.00 Construction Representative $102.00 - $128.00 Surveyor $59.00 - $93.00 Project Surveyor(PLS) $95.00 - $132.00 Administrative $40.00 - $88.00 Administrative Lead $106.00 - $144.00 Director/Principal $149.00 - $178.00 Reimburseable Expenses Travel • Vehicle Mileage IRS Standard Rate (currently$0.485) Prints Black&White Prints(up to 11x17) $1.25 per sheet Color Prints(up to 11x17) $1.50 per sheet Large Format Prints $7.50 per sheet CD Production $2.00 per cd Computer Station $10.00 per hour Map/Drawing Scanning $5.00 per sheet Field Equipment Flo-Tote(flow monitoring) $30.00 per day Turbidimeter(water quality monitoring) $5.00 per day Survey-Automatic Level $5.00 per hour Total Station $10.00 per hour Robotic Total Station $15.00 per hour GPS/RTK $20.00 per hour No charges are billed for the following items: 1. Long distance phone calls 2. Fax services 3. Postage • 4. Photocopy paper or stationary for in-house production 5. In-house Photocopy-no"per copy"charge,but related labor is billed • O AFFIDAVIT OF COMPLIANCE ROTH HILL ENGINEERING PARTNERS,LLC hereby confirms and declares that (Name of contractor/subcontractor/consultant/supplier) I. It is ROTH HILL ENGINEERING PARTNERS, LLC's 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. H. ROTH HILL ENGINEERING PARTNERS,LLC complies with all applicable federal, (Name of contractor/subcontractor/consultant/supplier) state and local laws governing non-discrimination in employment. II. When applicable,ROTH HILL ENGINEERING PARTNERS,LLC will seek out and (Name of contractor/subcontractor/consultant/supplier) • negotiate with minority and women contractors for the award of subcontracts. Greg G. Hill,President Print A!-. epresentative's e and Title gent/R;r•'' rve' Signature Instructions: This document MUST be completed by each contractor, subcontractor, consultant and/or supplier. Include or attach this document(s)with the contract. 1111 F:\0015\00018.000\PrjMgmt\Design Scope\Annual Consultant Agreement_Stonegate Design Services.doc 11 • 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 7thday of October, 1996. CITY OF RENTON: RENTON CITY COUNCIL: Mayor Council President Attest: .tL.iII`•e' v • City Cler V F:\0015\00018.000\PrjMgmt\Design Scope\Annual Consultant Agreement_Stonegate Design Services.doc 10 r igdapied 1- 7-PODS CITY OF RENTON, WASHINGTON RESOLUTION NO. .190.1 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE INTERLOCAL AGREEMENT AMONG THE PARTICIPATING LAW ENFORCEMENT AGENCIES FORMING A REGIONAL AUTOMATED INFORMATION NETWORK(RAIN) WHEREAS, RCW 39.34 permits governmental units to enter into Interlocal Cooperative Agreements; and WHEREAS, law enforcement agencies can better protect the public by sharing information through a regional automated records management system; and WHEREAS, a regional automated records management system can help protect law enforcement officers by giving them information important to their safety while out on the street; and WHEREAS, a regional automated records management system can connect to other parts of the Criminal Justice System and, thereby, improve effectiveness and efficiency; and WHEREAS, the Regional Automated Information Network is such an automated records management system; and WHEREAS, the City of Renton and numerous King County cities desire to enter into an Interlocal Cooperative Agreement in order to participate in such a records management system; NOW, THEREFORE, the City Council of the City of Renton, Washington, Does Resolve as Follows: SECTION I. The above recitals are true and correct in all respects. 1 RESOLUTION NO. SECTION H. The Mayor and City Clerk are authorized to sign the Interlocal Agreement Among The Participating Law Enforcement Agencies Forming a Regional Automated Information Network(RAIN). PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Dennis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES. 1267:05/10/07:ch 2 t CITY OF RENTON, WASHINGTON ORDINANCE NO. /r9 E3 xly AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE 2008 BUDGET BY TRANSFERING $80,000 FROM THE FUND 110 HOTEL-MOTEL ACCOUNT'S UNALLOCATED FUND BALANCE FOR CONTRACTS WITH HAMILTON/SAUNDERSON FOR 2008 MARKETING SERVICES FOR $219,000 AND WITH RENTON CHAMBER OF COMMERCE FOR 2008 RENTON VISITOR'S CONNECTION FOR $129,000. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Appropriation in the Hotel-Motel Fund is hereby increased as follows: Fund 2008 Budget 2008 Original Increase Adjusted Budget Budget 110 Hotel—Motel $255,000 $80,000 $335,000 Source of funds: Fund 110 Unallocated reserve balance SECTION II. This ordinance shall be effective upon its passage, approval, and 30 days after publication. PASSED BY THE CITY COUNCIL, this day of , 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: