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HomeMy WebLinkAboutCouncil 04/10/2006 AGENDA RENTON CITY COUNCIL REGULAR MEETING April 10, 2006 Monday, 7:00 p.m. 1. CALL TO ORDER AND PLEDGE OF ALT.RGIANCE 2. ROLL CALL 3. ADMINISTRATIVE REPORT 4. 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 address for the record, SPELLING YOUR LAST NAME. 5. 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 4/3/2006. Council concur. b. Mayor Keolker appoints Kristi Hand, 517 Smithers Ave. N.,Renton, 98055,to the Municipal Arts Commission to fill the unexpired term of Jeremy Chambers, who has resigned(term to expire 12/31/2006). Refer to Community Services Committee. c. Administrative,Judicial and Legal Services Department submits King County certified initiative petition with proposed ordinance filed by Jerry Farley. The proposed ordinance repeals Renton Ordinance 5088, and enacts provisions regarding the possession, sale,and discharge of fireworks in Renton. Approval is sought to request that King County place the fireworks ordinance on the 9/19/2006 election ballot. Council concur. d. City Clerk reports bid opening on 3/23/2006 for CAG-06-023, Airport Quonset Hut Building #790 Construction; three bids; engineer's estimate$50,000; and submits staff recommendation to award the contract to low bidder, Lincoln Construction,Inc., in the amount of$129,851 (budgeted amount$42,000). Refer to Transportation(Aviation)Committee for discussion of funding. e. City Clerk reports bid opening on 3/28/2006 for CAG-06-039, Water Main Replacement Project -N. 31st, N. 33rd, and NE 24th Streets; six bids; engineer's estimate$237,314.56; and submits staff recommendation to award the contract to low bidder, VJM Construction Co., Inc., in the amount of$270,749.02. Council concur. f. Economic Development,Neighborhoods and Strategic Planning Department recommends a. public hearing be set on 4/24/2006 to consider the proposed Akers Farms Annexation and R-8 zoning of 13.3 acres located south of Puget Dr. S. and east of 108th Ave. SE, if extended. Council concur. g. Economic Development,Neighborhoods and Strategic Planning Department recommends approval of an agreement with Transwestern Harvest Lakeshore LLC regarding improvements to public infrastructure for The Landing project. Refer to Committee of the Whole. h. Finance and Information Services Department recommends approval of the 2006 Budget amendment ordinance, which increases the 2006 Budget in the amount of$20,741,771. Council concur. (See 8.b. for ordinance.) Noe i. Transportation Systems Division recommends approval of an agreement in the amount of $757,248 with DMJM Harris for the Rainier Ave. S. Improvements (S./SW 7th St.to S.4th P1.) design engineering services. Council concur. (CONTINUED ON REVERSE SIDE) j. Transportation Systems Division recommends approval of an agreement with Sound Transit regarding funding for the Rainier Ave. S., Hardie Ave. SW, and SW 27th St./Strander Blvd. projects. Refer to Transportation(Aviation)Committee. k. Transportation Systems Division recommends approval of an agreement in the amount of $182,179 with Parametrix,Inc. for the NE Sunset Blvd. (SR-900)/Duvall Ave. NE intersection improvements construction management services. Council concur. 1. Utility Systems Division submits CAG-05-085,Talbot Hill Water Main Replacement Phase II; and requests approval of the project, authorization for final pay estimate in the amount of $6,257.09,commencement of 60-day lien period, and release of retained amount of$30,907.72 to VJM Construction Co.,Inc.,contractor, if all required releases are obtained. Council concur. 6. CORRESPONDENCE 7. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk(*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a. Finance Committee: Vouchers 8. RESOLUTIONS AND ORDINANCES Ordinances for first reading: a. Airport related uses zoning text amendments (Council approved via Planning &Development Committee report on 3/6/2006) b. 2006 Budget amendments (see 5.h.) 9. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 1/4000, 10. AUDIENCE COMMENT 11. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) Council Chambers 5:30 p.m. Year-End Fund Balance Allocation; Update on Tri-Park Master Plan LA Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE-CABLECAST TUES.&THURS.AT 11:00 AM&9:00 PM,WED.&FRI.AT 9:00 AM&7:00 PM AND SAT.&SUN.AT 1:00 PM&9:00 PM RENTON CITY COUNCIL Regular Meeting April 10, 2006 Council Chambers Monday, 7:00 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Kathy Keolker called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF RANDY CORMAN, Council President; DON PERSSON; MARCIE PALMER; COUNCILMEMBERS TERRI BRIERE; DENIS LAW; DAN CLAWSON. MOVED BY LAW, SECONDED BY CORMAN, COUNCIL EXCUSE ABSENT COUNCILWOMAN TONI NELSON. CARRIED. CITY STAFF IN KATHY KEOLKER, Mayor;LAWRENCE J. WARREN, City Attorney; ATTENDANCE BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator;LYS HORNSBY,Utility Systems Director; TERRY HIGASHIYAMA, Community Services Administrator; LESLIE BETLACH,Parks Director; ALEX PIETSCH, Economic Development Administrator;LINDA HERZOG, Interim Assistant to the CAO; INTERIM CHIEF LARRY RUDE,DEPUTY CHIEF CHUCK DUFFY and FIRE MARSHAL/BATTALION CHIEF STAN ENGLER; INTERIM CHIEF KEVIN MILOSEVICH and COMMANDER FLOYD ELDRIDGE, Police Department. ADMINISTRATIVE Linda Herzog, Interim Assistant to the CAO,reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2006 and beyond. Items noted included: * Everyone is invited to tune into KING 5 TV on April 20th at 7:00 p.m. as Evening Magazine reveals why Renton's Liberty Park Skate Park is Western Washington's official favorite according to Evening Magazine's "Best of Western Washington" contest. * The Henry Moses Aquatic Center opens to the public on June 17th. AUDIENCE COMMENT Robert Key, 1008 Anacortes Ave. NE,Renton, 98059, spoke on the topic of the Citizen Comment: Key- citizen fireworks initiative. He stated that he does not support fireworks in Citizen Initiative,Fireworks Renton, as the use of fireworks causes injuries, property loss, trauma to pets Ordinance and people, and expense to the City. MOVED BY CORMAN, SECONDED BY CLAWSON, COUNCIL SUSPEND THE RULES AND ADVANCE TO ITEM 5.c. ON THE CONSENT AGENDA. CARRIED. Consent Agenda Administrative,Judicial and Legal Services Department submitted King County Item 5.c. certified initiative petition with proposed ordinance filed by Jerry Farley. The Public Safety: Citizen proposed ordinance repeals Renton Ordinance 5088, and enacts provisions Initiative,Fireworks regarding the possession, sale, and discharge of fireworks in Renton. Approval Ordinance was sought to request that King County place the proposed fireworks ordinance on the 9/19/2006 election ballot. City Attorney Larry Warren stated that in regards to this matter, Council only has the following two options: 1)adopt the petition ordinance as is; or 2) submit the petition ordinance for the next possible election ballot, which is on 9/19/2006. April 10,2006 Renton City Council Minutes Page 102 Councilmembers noted that the proposed ordinance: allows fireworks not only on July 4th, but around the New Year as well; expands the hours of fireworks discharge from 15 (prior to the fireworks ban in Renton) to 125 annually; makes it more difficult for law enforcement to prosecute the misuse of fireworks; and is not well written. MOVED BY CORMAN, SECONDED BY CLAWSON, COUNCIL CONCUR IN PLACING THE PROPOSED FIREWORKS ORDINANCE ON THE ELECTION BALLOT. CARRIED. Mayor Keolker stated for the record that neither she nor any Councilmember is happy about this. Councilwoman Briere noted that the City cannot campaign against the proposed ordinance. Mayor Keolker added that Council can choose to take a position on the matter. Councilman Clawson pointed out that placing this issue on the election ballot will cost the City an estimated$85,000. Citizen Comment: Petersen- Inez Petersen, 3306 Lake Washington Blvd. N.,#3,Renton, 98056,questioned Highlands Sub-Area Plan the potential expenditure of$5 million for a trail, as discussed in Committee of the Whole, when there are streets that need paving. Additionally, she commented that she has not received the financial information that she requested regarding the Highlands Sub-Area Plan Options A and B. Ms. Petersen questioned the accuracy of the City's Highlands area crime statistics, and expressed her disappointment with the Environmental Review Committee's determination on April 4th regarding the area's zoning. She noted that citizens have until April 24th to appeal this decision. Citizen Comment: Dieffenbach Lawrence Dieffenbach, 18026 Midvale Ave. N., Shoreline, 98133, stated that -Persecution of Falun Gong he was speaking on behalf of Falun Gong practitioners in Washington State, Practitioners requesting that Council send a message to President Bush and Governor Gregoire asking that they speak with the People's Republic of China President Hu Jintao during his upcoming visit about Falun Gong persecution in China. Mr. Dieffenbach expressed concern regarding the violation of human rights, stressing that there must be accountability in China. Citizen Comment: Tsang- Tony Tsang, 5301 164th Ave. SE,Bellevue, 98006,expressed concern about Persecution of Falun Gong the persecution of Falun Gong practitioners in China, which has also extended Practitioners overseas to countries where Falun Gong is active. He urged Council to write a letter to President Bush and Governor Gregoire requesting that they talk to Chinese leader Hu Jintao about Falun Gong persecution during his upcoming visit to Seattle. Citizen Comment: Madson- Lori Madson, 1301 SW 16th St.,Renton, 98055, stated that many people Citizen Initiative, Fireworks worked hard to get fireworks banned in the City of Renton, and she expressed Ordinance disappointment with the proposed citizen petition ordinance that would repeal Renton's fireworks ban ordinance. Ms. Madson commented that the effort to repeal the ban is fueled by money,as the person spearheading this effort is a lobbyist for the fireworks industry. She noted that the estimated$85,000 necessary to place the proposed ordinance on the election ballot could have been spent hiring a professional fundraiser to work with groups that profit from the selling of fireworks to find alternative ways of raising money. Ms. Madson questioned who is going to lobby for those who support the fireworks ban, and asked what she can do to help. Mayor Keolker stated that the Administration and Council are also very frustrated over this matter. City Attorney Warren explained that Councilmembers and City staff are prohibited by State law from using any City April 10,2006 Renton City Council Minutes Page 103 facilities to campaign for or against any ballot initiative; however, the City can provide strictly factual information such as property damage statistics. He indicated that elected officials and City staff can campaign on their own time. Councilmembers made suggestions as to what type of organizations Ms. Madson can contact, and what she can do to help support the fireworks ban. It was also suggested that at a future meeting,Council invite speakers to speak for and against this initiative. Citizen Comment: Temple- Eric Temple,President of the Spirit of Washington, 625 S. 4th St.,Renton, Pavilion Building/Downtown 98055, spoke on the topic of public safety, saying that an assault occurred over Transit Center Safety the weekend at the Pavilion Building, which is used as an event center. He Concerns commented that public safety in the downtown area has been an ongoing issue, and he asked that the City take stronger action. Citizen Comment: Quincy - Don Quincy, Spirit of Washington Food and Beverage Director, 625 S. 4th St., Pavilion Building/Downtown Renton, 98055, reported that he and a client were assaulted on April 8th at the Transit Center Safety Pavilion Building by 15 kids walking through the parking lot. He asked for Concerns more police presence in the area, noting that he personally patrols the area to try to ensure that his clients and employees are safe. He described the unruly behavior, which occurs on a daily basis at the Renton Transit Center, as well as past incidents, including verbal abuse, fights, and thefts that have affected Pavilion Building events and clients. Expressing his concern for the safety of his employees and clients,Mr. Quincy asked for more help. Interim Police Chief Kevin Milosevich reported that police responded to the assault on April 8th in approximately 80 seconds. The parties involved were identified; however, Mr. Quincy chose not to press charges. The client who was also assaulted was unable to identify the perpetrator. Interim Chief Milosevich stated that a tremendous amount of staff time has been spent on the subject of transit center safety. He encouraged people who witness unruly behavior to call 911, and to also be willing to prosecute in cases such as this. In response to Councilman Law's inquiry, Interim Chief Milosevich reviewed when and how officers patrol the area. He acknowledged the Mayor's efforts in working with King County Metro on this issue, and noted the importance of drawing people to the downtown area. Mr. Law suggested that the police coordinate with the event center, and he asked about the enforcement of inappropriate behavior. City Attorney Warren stated that enforcement can be difficult as there is a fine line between free speech rights and violating the law. He noted that a number of statutes, such as loitering, have been found to be unconstitutional. Mr. Warren indicated that he will continue to work with the Police Department to see if there are additional ways to expand the City's authority. Councilman Law stated than an environment needs to be created whereby unruly activities are not welcome,and he suggested the possibility of allocating overtime for a stronger police presence. Councilman Clawson indicated that when a large group of people is involved, the promoters of events often hire police or security guards. He commented that Spirit of Washington is leasing the building from the City at a reasonable rate. Noting that more police officers are needed all over the City,Mr. Clawson suggested that perhaps Spirit of Washington can also contribute by hiring security for the events. April 10,2006 Renton City Council Minutes Page 104 Expressing his disagreement, Mr.Law stated that public safety is the City's responsibility. He indicated that the City needs to prioritize how its resources are allocated, and pointed out that all of the downtown marketing is for naught if people feel intimidated. Council President Corman reported that this subject reminds him of other code enforcement issues for which City ordinances were updated to provide the enforcement tools. Updated ordinances may be needed to address intimidation, threats, and other unacceptable activities. The City Attorney stated that a number of those activities are already covered by City ordinances, and noted that if an individual who was threatened refuses to cooperate, the case cannot be prosecuted. Mr. Quincy added that the presence of an officer inhibits the inappropriate behavior. In regards to hiring security, he stated that the behavior is not occurring inside the building,but rather outside of the building. Councilman Persson commented that many businesses are affected by the unruly behavior, and stressed that the City wants people to feel safe when they go to downtown Renton. Mayor Keolker emphasized that the City is still working on the matter, and is reviewing the design elements of the transit center,as well as the positioning of bus route offload locations. Community Services: Cinema Turning to the subject of the Cinema on the Piazza event held on Saturday on the Piazza, Alternate evenings during the summer,Mr. Persson asked Eric Temple, President of the Location Spirit of Washington, if he is willing to provide $20,000 for this event. Mr. Temple confirmed that he is offering the funding now that Valley Medical Center has indicated that they will not sponsor the event in 2006. He stated his hope that the cinema event can be held at a location that does not conflict with the Pavilion Building event center. Council President Corman explained that the question before Council concerns the City's position on whether to continue having the cinema event at the Piazza or at an alternate location. He noted that events at the Piazza may conflict with the showing of the movie or vice versa. Mr. Corman expressed his support for moving the cinema event to another location. Mayor Keolker stated that the Administration distributed information to Council regarding this issue,and pointed out that in the City's Pavilion Building lease with the Spirit of Washington it is noted that the Cinema on the Piazza event is an allowed use. She indicated that it has not yet been shown that there will be a conflict. Mayor Keolker advised that if Council wants to move the event, the location will most likely be Liberty Park. Continuing, the Mayor explained that the event was designed to draw people to the downtown area. Liberty Park is a bigger venue;however, she noted that the event may affect the baseball games held at the park, and will conflict with the Saturday of the River Days festival. Mayor Keolker also shared the concerns of the Piazza Renton volunteer group. Councilman Clawson stated that it is not known if there will be a conflict, and he suggested waiting to see what will happen this summer. If there is a problem, the lease can be renegotiated. Councilwoman Briere said she attended an event at the Piazza Building that coincided with an event that had a band at the park, and she could not hear the band from inside the building. April 10,2006 Renton City Council Minutes Page 105 Councilman Persson commented that Renton's image may be hurt if people attending one of the coinciding events have a bad experience. He pointed out that people may want to sit on the grass to watch the movie, such as at Liberty Park,rather than on the cement at the Piazza. Councilwoman Palmer expressed her support for having the event at Liberty Park, saying that she prefers sitting on the grass. She also noted that the park has a play area for children. Councilman Law noted that parking could be an issue for coinciding events, and that the event center has been successful in drawing a lot of people to the downtown area. He indicated that the$40,000 cost for the cinema event should be shared with the business community. Mr. Law favored finding another location for this popular event. MOVED BY CORMAN, SECONDED BY LAW, COUNCIL SUPPORT FINDING AN ALTERNATE LOCATION FOR THE CINEMA EVENT.* Councilman Clawson expressed his support for keeping the event at its present location, saying that it can be relocated if problems occur. *ROLL CALL: FOUR AYES: CORMAN,PERSSON, PALMER, LAW; TWO NAYS: BRIERE, CLAWSON. MOTION CARRIED. Mayor Keolker stated that the Administration will bring back a recommendation to Council. Councilwoman Briere asked the Administration to also review funding source options for the cinema event. (See page 106 for further discussion on this matter.) CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. At the request of Council President Corman, Item 5.h. was removed for separate consideration. Council Meeting Minutes of Approval of Council meeting minutes of 4/3/2006. Council concur. 4/3/2006 Appointment: Municipal Arts Mayor Keolker appointed Kristi Hand, 517 Smithers Ave. N.,Renton, 98055, Commission to the Municipal Arts Commission to fill the unexpired term of Jeremy Chambers, who has resigned(term to expire 12/31/2006). Refer to Community Services Committee. CAG: 06-023, Airport#790 City Clerk reported bid opening on 3/23/2006 for CAG-06-023, Airport Building Construction,Lincoln Quonset Hut Building#790 Construction; three bids; engineer's estimate Construction $50,000; and submitted staff recommendation to award the contract to low bidder,Lincoln Construction, Inc., in the amount of$129,851 (budgeted amount$42,000). Refer to Transportation (Aviation) Committee for discussion of funding. CAG: 06-039,Water Main City Clerk reported bid opening on 3/28/2006 for CAG-06-039, Water Main Replacement; VJM Replacement Project-N. 31st, N. 33rd, and NE 24th Streets; six bids; Construction engineer's estimate$237,314.56; and submitted staff recommendation to award the contract to low bidder,VJM Construction Co., Inc., in the amount of $270,749.02. Council concur. Annexation: Akers Farms, Economic Development,Neighborhoods and Strategic Planning Department 108th Ave SE&Puget Dr S recommended a public hearing be set on 4/24/2006 to consider the proposed Akers Farms Annexation and R-8 zoning of 13.3 acres located south of Puget Dr. S. and east of 108th Ave. SE, if extended. Council concur. April 10,2006 Renton City Council Minutes Page 106 Planning: The Landing Public Economic Development,Neighborhoods and Strategic Planning Department Infrastructure,Transwestern recommended approval of an agreement with Transwestern Harvest Lakeshore Harvest Lakeshore LLC regarding improvements to public infrastructure for The Landing project. Refer to Committee of the Whole. Transportation: Rainier Ave S Transportation Systems Division recommended approval of an agreement in the Improvements (7th to 4th) amount of$757,248 with DMJM Harris for the Rainier Ave. S. Improvements Design, DMJM Harris (S./SW 7th St. to S. 4th Pl.)design engineering services. Council concur. Sound Transit: Rainier Ave S, Transportation Systems Division recommended approval of an agreement with Hardie Ave SW&SW 27th Sound Transit regarding funding for the Rainier Ave. S., Hardie Ave. SW, and St/Strander Blvd Funding SW 27th St./Strander Blvd. projects. Refer to Transportation(Aviation) Committee. Transportation: NE Sunset Transportation Systems Division recommended approval of an agreement in the Blvd/Duvall Ave NE amount of$182,179 with Parametrix, Inc. for the NE Sunset Blvd. (SR- Intersection Improvements, 900)/Duvall Ave. NE intersection improvements construction management Parametrix services. Council concur. CAG: 05-085,Talbot Hill Utility Systems Division submitted CAG-05-085,Talbot Hill Water Main Water Main Replacement Replacement Phase II; and requested approval of the project, authorization for Phase II,VJM Construction final pay estimate in the amount of$6,257.09, commencement of 60-day lien period, and release of retained amount of$30,907.72 to VJM Construction Co., Inc., contractor, if all required releases are obtained. Council concur. MOVED BY CORMAN, SECONDED BY PALMER, COUNCIL APPROVE THE CONSENT AGENDA AS AMENDED TO REMOVE ITEM 5.h.FOR SEPARATE CONSIDERATION. CARRIED. Separate Consideration Finance and Information Services Department recommended approval of the Item 5.h. 2006 Budget amendment ordinance, which increases the 2006 Budget in the Budget: 2006 Amendments amount of$20,741,771. MOVED BY CORMAN, SECONDED BY PERSSON, COUNCIL REFER ITEM 5.h. TO THE FINANCE COMMITTEE. CARRIED. UNFINISHED BUSINESS Finance Committee Chair Persson presented a report recommending approval Finance Committee of Claim Vouchers 247137 -247522 and two wire transfers totaling Finance: Vouchers $822,238.11; and approval of Payroll Vouchers 62841 -63024, one wire transfer, and 604 direct deposits totaling$2,062,144.96. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Community Services: Cinema Referring to Council's decision to support an alternate location for the cinema on the Piazza,Alternate event, Councilwoman Briere stated her hope that a precedent has not been set Location for other events that are held at the Piazza. She expressed her concern that the City may be allowing a tenant to take over the park,rather than letting the public enjoy it as originally planned. Council President Corman clarified that his decision was based on compatibility, as the Piazza has reached capacity for the cinema event and a larger, grassy setting for the event is more appealing. Council Law emphasized that there is no interest in taking away the initial plan and reason for the Piazza. He stated for the record that he does not favor interfering with any of the events that the Piazza Renton group has had at the park to date. Councilman Persson stated that he would not agree to move any of the other events. Mayor Keolker stated for the record that she would have preferred April 10,2006 Renton City Council Minutes Page 107 waiting to see if there was a conflict before moving the cinema event. Councilman Clawson stressed that restroom access not be restricted at the Piazza. RESOLUTIONS AND The following ordinance was presented for first reading and referred to the ORDINANCES Council meeting of 4/17/2006 for second and final reading: Planning: Airport Related Uses An ordinance was read amending Chapter 2,Zoning Districts -Uses and Zoning Text Amendments (IM Standards; and Section 4-11-010 of Chapter 11,Definitions,of Title IV Zone) (Development Regulations)of City Code by revising the air transportation uses section of the medium industrial, heavy industrial, and center downtown zones, and the airport and aviation operations uses; and by revising definitions. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 4/17/2006. CARRIED. NEW BUSINESS MOVED BY CORMAN, SECONDED BY PERSSON, COUNCIL REFER Planning: North Harrington NORTH HARRINGTON REDEVELOPMENT OUTREACH TO THE Redevelopment Outreach COMMITTEE OF THE WHOLE. CARRIED. Council President Corman stated that this topic concerns the communication plan, as a great deal of misinformation is being disseminated about the redevelopment effort. He indicated that public testimony will not be taken on this topic at the April 17th Committee of the Whole meeting. Councilman Clawson explained that Council needs time to process the comments already received on the matter. Councilman Persson noted the importance of moving at a pace that allows the City and citizens to share and respond to information. AUDIENCE COMMENT Linda Herzog, 16210 NE 116th St., Redmond, 98052, commented that the more Citizen Comment: Herzog- activity there is in the downtown area, the safer it becomes. Pavilion Building/Downtown Transit Center Safety Concerns ADJOURNMENT MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL ADJOURN. CARRIED. Time: 8:47 p.m. NlciaLfe - Bonnie I. Walton, CMC, City Clerk Recorder: Michele Neumann April 10, 2006 RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING April 10, 2006 COMMITTEE/CHAIRMAN DATE/TIME AGENDA COMMITTEE OF THE WHOLE MON., 4/17 Gene Coulon Park Traffic and Safety (Corman) 5:30 p.m. Concerns *Council Conference Room* Approximately North Harrington Redevelopment 6:15 p.m. Outreach *Council Chambers* COMMUNITY SERVICES MON., 4/17 Kristi Hand Appointment to Municipal (Nelson) 5:00 p.m. Arts Commission FINANCE (Persson) PLANNING&DEVELOPMENT (Briere) PUBLIC SAFETY MON., 4/17 Police Department Staffing (briefing only) (Law) 4:30 p.m. TRANSPORTATION (AVIATION) (Palmer) UTILITIES (Clawson) 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 COUNCIL AGENDA BILL Al#: . C Submitting Data: For Agenda of: April 10,2006 Lie Dept/Div/Board.. AJLS /Mayor's Office Staff Contact Linda Herzog, x 6526 Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Initiative Petition to Allow Fireworks in Renton Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Exhibit A: Initiative Petition, Proposed Ordinance, and Information County's Certificate of Sufficiency Exhibit B: Fire Department Comparison of Past, Present and Future Fireworks Codes and results Exhibit C: Chronology of Initiative Petition Process Recommended Action: Approvals: Legal Dept X Council Concur Finance Dept X Other Fiscal Impact: Expenditure Required... $83,600 Transfer/Amendment $83,600 Amount Budgeted Revenue Generated Total Project Budget City Share Total Project SUMMARY OF ACTION: The City has received,and King County has deemed sufficient, an initiative petition proposing adoption of an ordinance that would end the ban on fireworks in Renton. The ordinance would allow the sale of fireworks for 13 days, and the discharge of fireworks for 125 hours each year, over the New Years and Independence Day holidays. The initiative process allows two options for City action: adopt the proposed ordinance as is and modify the City Code accordingly; or place the initiative proposal on the ballot for popular vote. The Council must make its decision within 20 days of receipt of the initiative petition. The proposed ordinance is contrary to the City's understanding of the will of Renton residents, and contains a number of errors and inconsistencies (see page 2 of the attached issue paper). Adopting it as written would reverse current City policy and place flawed language into the City Code. STAFF RECOMMENDATION: Request that King County place the fireworks ordinance proposed by initiative petition on the September 19, 2006 election ballot. Assure that voters fully understand the intention of the ordinance. Rentonnet/agnbill/ bh �ti`SY O— ADMINISTRATIVE, JUDICIAL, AND ' "� LEGAL SERVICES DEPARTMENT "e'P, NryO� MEMORANDUM DATE: April 10, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: Kathy Keolker, Mayor FROM: - Jay Covington, Chief Administrative Officer STAFF CONTACT: Linda Herzog, Assistant to the Chief Administrative Officer SUBJECT: Initiative Petition to Permit Fireworks in Renton ISSUE: Should the City enact into law an ordinance allowing fireworks within City limits, as petitioned via the citizen initiative process (see Exhibit A), or should it place the question for vote of the people at the September 19, 2006 election? RECOMMENDATION: loose Request the King County Elections Division to place the proposed fireworks ordinance presented by initiative petition, on the September 19, 2006 ballot. Assure that voters fully understand the intention of the ordinance, so that they may accurately and confidently vote their preference. BACKGROUND: Up until 2004,the Renton City Code allowed sale, purchase, possession and discharge of fireworks within the City, with the following limitations: • Permit and bond required to sell fireworks • Sale allowed between June 28 and July 4 • Discharge allowed only on July 4 On June 28, 2005 the City Council adopted an ordinance repealing that permissive fireworks ordinance and replacing it with a ban on the sale, possession and discharge of fireworks except for City-authorized public display. This new law took effect on May 21, 2005. In 2005,the July 4 celebration at Gene Coulon Park was the only sanctioned display of fireworks in the City. Fire and Police Department personnel expended a great deal of effort and attention to educate citizens in the weeks leading up to July 4, and to maintain compliance with the new law throughout the holiday. As summarized in Exhibit B, nearly as many citizen calls were received by the Fire Department as in past years, %m"` demonstrating continued high concern among residents. However, fireworks-related i:\mayor's office\issue paper for fireworks agenda bill.doc Addressee Name Page 2 of 3 Date of Memo incidents were cut by 80 to 90%, and property loss and injuries were reduced to zero. Virtually all anecdotal comments by citizens supported the new fireworks ban. In November 2005 an initiative petition was filed with the City proposing that Renton's fireworks ban be ended. The proposed new ordinance allows for: • Repeal of City ordinance # 5088 • City issuance of permits (for a fee of$100 or$500*) for sale of fireworks within City limits • Retail sale of fireworks from June 28 through July 5 and also from December 27 through December 31 • Discharge (use) of fireworks on June 28 through July 5, 2006 and again on December 21 through early morning of New Years Day, 2007. (For Independence Day and New Years celebrations in 2007 and beyond, the hours of allowable discharge are different.) In accordance with State law,the City submitted the initiative petition to King County for determination of sufficiency. The County deemed the petition to have an insufficient number of valid signatures, whereupon the petitioning parties were notified and subsequently submitted additional signature pages. The County then determined the initiative petition to be sufficient. (See Exhibit C for full chronology of this initiative petition filing.) The City now must decide whether to (a)pass the proposed ordinance into law without alteration, or(b) submit the measure to a vote of the people. - The proposed fireworks ordinance presented by this initiative petition is deemed by City Administration to be unacceptable for the following reasons: ➢ Most importantly, it seeks to repeal the ban on fireworks that City elected officials believe to be the will of the citizens they represent. ➢ The proposed ordinance may be problematic in that section 3.B calls for a$100 fee to accompany "all applications for permits" and section 4.D requires a$500 fee for "applications for permits for a public display." ➢ Section 10.B is confusing in its description of the dates and times when consumer fireworks displays are allowed in 2006 vs. 2007. ➢ The proposed ordinance will be hard to enforce and prosecute, given that"reckless" behavior(see sections 23 and 26. C.) is a very difficult standard of proof. ➢ The proposed insurance/liability coverage of$500,000 per person and $2,000,000 per event is inconsistent with City norms. 'Sections of the proposed ordinance are inconsistent regarding the fee amount. is\mayor's office\issue paper for fireworks agenda bill.doc Addressee Name Page 3 of 3 Date of Memo ➢ Permit fee and cash bond amounts required by the proposed ordinance are Nome considered too low to generate responsible management of fireworks sales and compliance with post-sales clean-up requirements. > Numerous typographical and format errors introduce ambiguity and enforcement issues. The Administration recommends that this ordinance not be adopted by the Council to become law in Renton. Regarding the alternative action allowable under the initiative process—placement of a measure before Renton votes on the next regularly scheduled election ballot—this action is also unpalatable for the same reasons stated above. This course of action is especially distasteful in that rules governing the initiative process prohibit alteration of an ordinance introduced via citizen initiative, absent a vote of the people. Nonetheless, the Administration recommends the Council take this action now, in order to timely fulfill the requirements of the initiative process. The Administration further recommends that the Council take up this issue once again within the coming 60 to 90 days, to consider additional actions it may take to gauge and reflect the will of the citizens regarding fireworks in the City. is\mayor's office\issue paper for fireworks agenda bill.doc C!'1Y OF RENTON EXHIBIT A NOV 0 1. 2005 WARNING RECEIVED CITY CLERKS OFFICE `''""" EVERY PERSON WHO SIGNS THIS PETITION TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONEEF THEHIS OR SE TI HER OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LETIO GAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY QUALIFIED A MISDEMEANOR. OF INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Sign. ure Printed Name Address . L ` Date l. it . .� !`� r �, _ y t;, � , a f, l .,L } :0,1 {/�� ,�_ -A-c-.., f /e'l. 3. . - 1 . NW. k - ‘-'Cii / "i Y.) 6' 4. } ' IfiraleffatillaRliirain ,-� .�/ ' J ty5. ,. , �. IfsWA �fj/� -,) r 7. - Yfp 1''I .i . 7 . S. _ .. A 1 8. r, 1s���,tC1LL ,L� t.u_, �r1[rl St -* 1/,r /� `_./ 7--1,. 7�aj _.� 10,.i'~ 4�':7 c".�..�,..,.-�,. ,..y �- S /42/,‘.17,-/ 7 1_7,.,.s- ---. A 1 A a / / ..r ,, 23/0 r) 12. Vie----F-ri:r i s,'• '� rr. j ' C : far\�C ')1,7/1 14 4.,,.. _i. . . .. 1 _ 1 . !� , 1, ( - 1 - )�� 1CS 'f T ` ;>cam __..1 6` ` :-2C4-1_d-"." / / rir �... c..-..1 G� /..s' IV :_ , 5'1 `o • vt • • 17. _ .I, .v A • - AAI - I d rs G .7 5 c„'r ` ``` I''i 20. F NANCE Section 1:Renton Ordinance Number 5088 and every section RCONTROL oNMROpaORDe enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: Sections: FIREWORKS 1 Definitions. 2 Acts prohibited without a permit. Now- 3 Application for permit. 4 Investigation, report on 5 Fire chief maypermit application. 6 grant or deny permit—Conditions. License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks b 25 Y person under 16 years of age. Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. ilial,,, 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. p B. "Display fireworks"means large fireworks designed primarily to produce visible or audible effects by combustion deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams of pieces explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display > which exceed the limits of explosive materials for classification as"consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical ^imposition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but ich are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks"means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delayporr the , or hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fireP rotection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. M, "Qermittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. 0. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, orproduces or device but does not include persons who assemble or fabricate sets or mechanical pieces inpublic article fireworks or persons who assemble consumer fireworks items or sets of packages containing any fireworks ms. "Wholesaler" includes anydisplays of wel"s"Wholesaler" person who sells fireworks to a retailer or any other person forresaleand anypersonmer ro who. pyrotechnic, special effects or display fireworks to public display permittees. who Q."Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator' includes any individual who by experience and training has demonstrated the required ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the skill and official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at anyal timefire other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. 'Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized presentative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and$2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed play. All applications shall be accompanied by a nonrefundable permit fee of$ 500.00. The applicant shall post a 00.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. • Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. r Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. N ection 10. Dates and times consumer fireworks may be sold or discharged. `" (. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day tof July, from hereafter r12 00 nnoon until noon t1111:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. y C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall nota I in the following cases: 1. Public displays as authorized bya state license pursuant to RCW 70.7.260(2) and a city ordinance; permit pursuant to this 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. 41I sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second da June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be Y Now removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location a returned on or before the tenth day of July of the same year to a magazine or perrmanentstorage placefapprovledbe by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place a the fire chief or to a place approved by the chief of the Washington State Patrol, or pproved by g of fire protectio . Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and n location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. section 16. Unlawful possession. a possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles special effects or display fireworks of whatever nature byanypyrotechnic,s, theatricals flamer operasects, when such assembling, compounding, use and display is a necessary engaged in the productions, or a valid permit issued by the city. part of the production and such person possesses r Section 21. Nonprohibited acts— Signal purposes, forest rote This ordinance does not prohibit the use of flares or fuses in connection sr modes of transportation for signaofpuflares or illuminationup coon. cor use inh the operationtof actor vehicles, railroads, or Section 22. Revocation or suspension of permit. A. Authority, The fire chief may at any time suspend or r or for use forest protection activities. the permittee oranyof the permittee's tee's r m esuspen agents or employees evoke any permit issued theunpr the tee's ow knowledge this ordnance, if Violated any of the provisions of this ordinance; or "r•� Made any false statement or misrepresentation of fact in connection with the permittee's has: 3. Failed to obtain or has had suspended or revoked any license required by actprohibited by Chapter had RCW othiso reved ordinance tbe donereq with obtaining sng the permit; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked the state of Washington to engage in any B. Effective Date of Revocation. When the fire chief determines that there a license; or B. Effective parse nt o this ordinance, the fire chief challief notifyethe person holding forolapsed. grounds furrs theatosuspensionthis eor revocation of he permit. The suspension or revocation cause revoking or notice shall ds cn uponrreceipt of the notice the unless the permittee es or opermill Tee niece specify themit within forty-eight hours of of hore her intent to appeal the revocations rine nn ti o shall become effectiver hisr immediatelyerdesignee revocation or suspension is affirmed by the City Council lice to the City Clerk or his or her designee C. Appeal. The decision of the fire chief with respect to the revocation or suspension then becomes effective only if the ordinance shall be final unless a timely written notice of appeal is filed permittee e shall permit is sunlesendeds or revoked mayappealP ion of any tion Bis hunder this as specified in subsection B of thisosection.TAny Council shall consider appealthe the decision of the fire chief to the City Council. The at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receivesCity appealA permittee may at any time appeal a revocation or suspension to King CountySuperior Section 23. Reckless discharge or use prohibited. g the written notice of It is unlawful for any P for Court. person to discharge or to use fireworks in a reckless manner which creates a substantial risk or serious physical injury to another person or damage to the property of another. It Section 24. Discharge of fireworks by person under 16 years of age. of death a is unlawful for any person under the age of 16 to discharge fireworks except under adult. Section 25. Enforcement, the direct supervision of a competent The police chief, or his or her designee, is authorized to enforce provisions of this ordinance pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her o enforce provisions of this ordinance relating to the permitting of public display of fireworks and Chapter 70.77 RCW that works. He she may revoke r susrelating any designee, is of consumer r permittee to comply any permit issued pursuant to this ordinance upon any failuree retail .orefusal of er P Yv provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive competent jurisdiction that B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, ternal packaging. sive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks i exclusive soBanner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in E. A misdemeanor for any other violation of the provisions of this ordinance, n a reckless manner. Section 27. Violation a separate, continuing offense. this ordinance. A person commits a separate offense for each day during which he or she commits, continues, Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW or permits a violation. Section 29. Severability. If any provision of this ordinance or its application to any ordinance or the application of the provision to other pe sons or c r ums circumstances s'n t held finvali ectedtl, the remainder of the irr CITY OF RENTON MAR 20 2005 RECEIVED %AN CLERK'S OFFICE King County Records, Elections and Licensing Services Division CERTIFICATE OF SUFFICIENCY THIS IS TO CERTIFY that the petition pages originally submitted in November 2005, together with the additional petition pages submitted in February 2006, to the King County Records, Elections and Licensing Services Division, supporting the Fireworks Control Ordinance have been examined and the signatures thereon carefully compared with the registration records of the King County Records, Elections and Licensing Services Division; and as a result of such examination, we find the petition to be sufficient under the provisions of the Revised Code of Washington 35A.01.040. Dated this 14th day of March 2006. 64,14A-C. 1%fe/i Dean C. Logan, Director EXHIBIT B ti`sY 0,4\ FIRE DEPARTMENT MEMORANDUM DATE: April 4, 2006 TO: Lawrence Rude, Interim Chief FROM: Stan Engler, Fire Marshal SUBJECT: Fireworks Petition After much public input, the City of Renton initiated a complete ban on fireworks in 2004 effective in 2005. A comprehensive Public Information Campaign was initiated in the spring of 2005 that included mailings,posters, and press releases. The results were dramatic with only three fireworks-related incidents, no property damage and no reported fireworks-related injuries for the 2005 season. Multiple warnings were given by police and fire enforcement teams, and tqlr., only one citation was issued for use of State identified illegal fireworks. The City's efforts produced the most successful results of any ban attempted locally. The City of Renton has recently been presented with a petition that would allow the discharge of State legal fireworks within the City limits. This petition would reverse the current ban on all fireworks within the City with the exception of permitted public displays. The following information was obtained from the details of the petition. Fireworks Facts This new Petition would allow: • Tents to be used to store fireworks in and sell fireworks from. • Less stringent standards for public displays, including lower limits of insurance liability than the City of Renton has previously allowed. • Fireworks to be sold and discharged starting on June 28 thru July 5. • Fireworks to be sold from December 27 to December 31 and discharged from December 31, at 6 p.m. until January 1 at 1 a.m. • Fireworks to be discharged for 125 hours total annually. Prior to the ban of 2005, fireworks were allowed to be discharged for 15 hours annually in the City of Renton. c:\docume-1\10522\locals-4\temp\petition memo 2006exhibit b.doc The following information is a compilation of recent year's statistics and the potential affect the ``m, petition could have. 2003 2004 2005* New Petition Total Fire Dept. Calls 230 246 192 Projected Increase Fireworks Related Incidents 33 24 3 Projected Increase Property $477,750 $73,659 0 Projected Increase Loss Citations Issued 0 0 1 Projected Increase Total Hours Fireworks 15 hours 15 hours 0 125 Hours** Can Be Discharged *2005 was the first year of the fireworks ban in Renton. **New fireworks petition would allow the sale and discharge of fireworks in the City of Renton from June 28 to July 5 and December 31 from 6 p.m. to 1 a.m. on January 1. Proposed Fireworks Ordinance 1. Would allow sales on June 28, from 12 noon until 11 p.m., June 29 thru July 4, 9 a.m. till 11 p.m., July 5 from 9 a.m. until 9 p.m. December 27 thru December 3lst from 12 noon until 11 p.m. 2. Discharge would be allowed from June 28, 12 noon until 11 p.m. (11 hours) 3. June 29 till July 3, 9 a.m. to 11 p.m. (14 hours each day- 84 hours) 4. July 4, 12 noon until 12 Midnight. (12 hours) 5. July 5, 12 noon until 11 p.m. (11 hours) 6. December 31, 6 p.m. until 1 a.m. January 1. (7 hours) The proposed ordinance would allow a total of 118 hours of discharge time from June 28 thru July 5, and an additional seven (7) hours on the New Years Holiday. 2004 and prior in Renton 1. Sales were allowed from noon on June 28 until 11 p.m. Other days thru July 4, 9 a.m. until 11 a.m. 2. Discharge was limited to July 4, from 9 a.m. until 12 midnight. (15 hours) Based on the dramatic increase in the number of hours that fireworks could be discharged in the City, if this petition became law,the Fire Department would expect a corresponding Now increase in calls, property damage and injuries to children and adults from fireworks. c:\docume-1\10522\1oca1s-1\temp\petition memo 2006exhibit b.doc EXHIBIT C Chronology of 2005 /2006 Initiative Petition Process Proposing Reversal of Renton Fireworks Ban On November 1, 2005, an initiative petition consisting of 490 signature pages was filed by Jerry Farley, 16526 Shore Drive NE, Lake Forest Park, Washington 98155, on behalf of the Kennydale Lions Club (represented by Richard M. Stephens, Attorney, Groen Stephens & Klinge, LLP, 11100 NE 8th St., Suite 750, Bellevue, WA 98004). As required by law, the petition was submitted to King County Records and Elections within three days for determination of sufficiency. A Certificate of Insufficiency was received from King County on February 10, 2006. Petitioning parties were notified. Within the ten days allowed by law,the petitioning parties filed an amended petition consisting of 26 additional signature pages with ordinance attachment. These were forwarded to King County Elections for determination of sufficiency. On March 20, 2006, a Certificate of Sufficiency was received by the City Clerk from King County Elections. The petition ordinance, if enacted, would repeal Ordinance #5088 adopted June 28, 2005, Nor and allow possession, sale and discharge of fireworks in the City of Renton. If the initiative ordinance is deemed to be within the scope of direct legislation by the people through the exercise of initiative power, then by law the City Council must take action within 20 days of Council's receipt of the certificate of sufficiency (by 4/23/06), by either (a) passing the proposed ordinance without alteration, or (b) submitting the measure to a vote of the people by special election to occur within not less than 45 days, or by general election if there is one within 90 days. Dl(Ilekl b(t:14 qi/o4ovii, Falun Dafa Information Center Issues Statement on Communist China's Denial of Organ Trafficking (3/28/2006 19:24) NEW YORK (FDI) —According to a March 28 Associated Press report, the Chinese Communist regime has denied the existence of a Sujiatun concentration camp. Sources indicate thousands of Falun Gong practitioners have been held in Sujiatun, and, these sources say, that as many as three quarters of them were cremated after their organs were removed. Faced with gory accounts of organs being systematically removed from live and barely anaesthetized prisoners, we all wish the information were false. Extraordinary acts of evil have never been easy to believe— how could humans possibly do such things to each another? Unfortunately, details disclosed by these sources and an overwhelming body of supporting information suggests the fundamentals of the story—that a large number of Falun Gong practitioners were, and perhaps many still are, being held in the Sujiatun area to harvest their organs—is true, and demands an immediate, unrestricted international investigation. First, information about Sujiatun has come from multiple sources who have provided consistent accounts.A Chinese reporter who had worked for a Japanese news agency broke the story on March 9. Next, a woman who had worked at the Sujiatun hospital in which the organs are said to be removed from prisoners in the adjoining concentration camp stepped forward. She says her ex-husband had been responsible for removing corneas from live Falun Gong prisoners there. The World Organization to Investigate the Persecution of Falun Gong (WOIPFG) has since conducted its own investigation, obtaining additional information. Moreover, since The Epoch Times broke the story two weeks ago, the Falun Dafa Information Center has learned that several Chinese readers have contacted the paper, citing experiences that support the original accounts. Second, the Chinese Communist Party (CCP) has a well-documented practice of organ harvesting without prior consent, often from executed prisoners. Reports of this practice have appeared in leading newspapers and been the subject of U.S. congressional hearings. Third, removal of organs from Falun Gong practitioners killed in custody has already been documented. Since 1999, the CCP has routinely tortured and killed Falun Gong practitioners, a fact recognized by Amnesty International and the U.S. State Department's annual reports (report). A Falun Gong Human Rights Working Group report (report) details specific cases in which organs were removed from the bodies of Falun Gong practitioners who had been tortured to death. Sadly, the information revealed about Sujiatun fits in exactly with the CCP's pattern of disregard for human life. After banning Falun Gong in 1999, former Chinese leader Jiang Zemin said: "no means are too extreme to eliminate Falun Gong." Police officers regularly tell prisoners that"when a Falun Gong practitioner dies in jail it counts as null and is considered suicide." There are other disturbing statistics. According to a Chinese-language health website, www.hbver.com, beginning in 2000, the total number of liver transplants in China almost doubled each year. Today China's International Transplantation Network Assistance Center(http://en.zoukiishoku.com) boasts that a suitable kidney donor can be found in 1-4 weeks. If the first organ is found by the doctor to be unsuitable, a new organ will be offered "in one week." At the same time, there are hundreds, if not thousands of reports of Falun Gong practitioners in China who say family members who had been abducted by police have never been heard from again. Why have they all gone? The timing of the CCP's denial is also suspicious.Why did the regime wait for over two weeks to deny Sujiatun?And why did the CCP, after years of known illicit organ trafficking but just weeks after Sujiatun was revealed, also today suddenly announce a new law against organ trafficking? We call for a thorough and real investigation, not a show tour, by independent international organizations, allowing a WOIPFG researcher immediate and unrestricted access to the entire area. Anything short of complete access is a cover up. We also urge journalists in Beijing and around the world to dig into the story, and include the facts of organ harvesting that are already widely known in your reports. Quotes from representatives of the Chinese regime alone do not constitute real news. We encourage you to find out what is really happening, and report the truth. ### PRESS STATEMENT - Mar. 28, 2006 Falun Dafa Information Center, www. faluninfo.net Uri --Dic Heir 10i7 14 67 iSt2ir y SAMPLE LETTER TO PRESIDENT BUSH1l ,t Mr. President: A Chinese investigative journalist has detailed the existence of a concentration camp in Sujiatun District, Shenyang City, in northeast China. The camp holds approximately 6,000 Falun Gong practitioners, who are being transferred from nearby labor camps, to provide a steady source of human organs. The Sujiatun camp,according to the source, has many doctors on premises to facilitate the extraction of practitioners'organs,which are then sold on the black market. This is a hugely profitable business in China. After the organs are harvested, the bodies are immediately disposed of in an on-site crematorium. At a recent Nine Commentaries seminar in Australia, an audience member confirmed organ harvesting as a common practice in China, and added that the harvesting was being done on live patients, since it took time to remove the organs and blood had to keep circulating or the organs would be useless. The journalist source also detailed the coverup of the spread of bird flu, noting that over 425 patients are being used in medical experiments and have "no chance for survival." Mr. President, I urge you to ask Chinese leader Hu Jintao to explain what he knows about this horrific situation, and call for an immediate investigation of these charges by an independent authority. The nightmarish atrocities that are alleged in these reports should have been buried half a century ago at Nuremberg. If history has taught us anything, it is that we cannot remain silent and allow such crimes against humanity to continue. Thank you. Cjivrnir b(c (-FCrifracii �j own) China harvesting inmates' organs, journalist says By Bill Gertz THE WASHINGTON TIMES March 24,2006 A Chinese journalist has uncovered a secret detention center in northern China that is being used by a hospital to harvest human organs for sale to domestic and international buyers. Jin Thong,a pseudonym for the journalist who fled China recently,also said in an interview that a failed Chinese intelligence operation led to the 2004 death of a Japanese diplomat who committed suicide rather than give up secrets. On the prisoner abuse,Mr. Jin said he first learned of the harvesting operation between October and December and that the prisoners used were members of the outlawed Falun Gong religious group. "This is murder, and murder sponsored by a state," said Mr. Jin, who in the past has been a contributor to a Japanese news agency. "It must be stopped." Mr.Jin said he came across the underground detention center while researching the Chinese government's response to the Severe Acute Respiratory Syndrome(SARS). A Chinese official was the first person to reveal that secret medical work was being done at the Liaoning Provincial Thrombosis Hospital of Integrated Chinese and Western Medicine,in Sujiatun,a suburb of Shenyang,the major city in northeastern China,he said. Mr. Jin then said he found out that a large underground prison was built beneath the hospital and that members of the outlawed Falun Gong religious group were being held there.As many as 6,000 people are thought to be held prisoner at the underground facility, he said. The hospital is harvesting the organs of the prisoners,including kidneys,livers,and eye parts,he said.The organs are then sold to people,from both China and abroad,who need medical organ transplants. One source for Mr.Jin was the wife of a hospital doctor who was involved in the organ harvesting. The doctor suffered psychological problems as a result of the gruesome medical work and disclosed the secret activity. The Chinese woman also has fled to the United States. Several other hospital workers also revealed details about the prisoner organ harvesting. Mr. Jin said he had to hide his true identity after being threatened by Chinese government agents. He was arrested twice for his reporting and recently fled to the United States, where he hopes to seek political asylum. Mr. Jin said bodies of the prisoners were burned in the boiler room of the hospital and that boiler room workers had taken jewelry and watches from the dead and sold them. He said he has provided information about the organ harvesting to U.S. government officials, including members of Congress. A Chinese Embassy spokesman could not be reached for comment. Regarding the Japanese diplomat,Mr. Jin said he first learned of the intelligence operation in December.Japan's government protested the Chinese intelligence operation,which Beijing dismissed as a groundless accusation. eo'r tAti-- t e i i1 /seI/tt Washington State Senate oltrmpia office. NW)736.710 J40 Rnx 45410 !seilat'rSrt Mary Margarct Haugen • FAX:r_,a;7:35-1999 ampli.WA%5O4-0L 1t, I Dill Le1.;I5hkdv0 1: 1 t Q-Tuan.h:u>a:n..ITNuitle .sku g w March B,2. 06 The i-Tcinorablc Christine D. Gregoire Governor or the State of Wb shin g tot} r.egfisimtiye Building P. G Box 40002 Olympia,WA 98504-0002 Dear Governor or Gregoire: Y am writing as pan:of u statewide effort to respectibIlyr request That you sp"ak with President Hu .►itctan about Falriv Gong persecution in China, Falun Gong is an exercise of the mind and body widely practiced amund the world. The popularity of Falun Gong in its country of urigiu challenges the Chinese Communist Party,who dies to suppress its"mato. Documentation of these abuses is kept by,groups like livanau Rights Watch,Amnesty International end the United Nations t-Iuman Rights Commission. More recently abuse of Talon Gnngplractitioners hat.toured in tete United States with the attack ofDr.Peter Li Yuan. The treatment of the people in China.and the United States ill lineneeptable. Practitioners in Washington State have appealed to T.rgtslators repeatedly over the yens to request attention to this matter. This is en inhrnation l human rights issue regarding the encroachment of roli8ious and iNah rights. Bit as you have pointed nut it is necessary for us to expand our consciousness to the global levet. Washington's proximity and its healthy W m/al and business relation with Pacific elute nations provide oppertur ities to raise this issue. We have a right to request that leading nations live to higher standards; this matter needs to be addressed. 1 thunk it is important that we take a stance on this 1.4914e. Please speak with President Hu Amin no this grave nutter when he visits our state in April, Respectfully, • Mary 8 e Margaret Haugen Washington State Senator, I tyle Legislative District r..aru■I ittett: Tin 03:X rI;L:... 1.h:ill• • :.LWIYraten l)PCU tiutie FkKjxinti Rate.. .1r L1•11 le _ 1/ 1 17 II Washington State Senate March 4,2004 Consul General of the People's Republic of Celina 1450 Laguna St San Prencise°,CA 94115 rlcar Sir, We, the undersigned members of the Washington State Senate, would like to acknowledge your invitation to attend a reception on March 10111 in Seattle.We regret to inform you that, although we support our Gauntly's increasing contact and trade with China, and acknowledge China as a friend, we will decline your invitation due to the ongoing persecution of thousands of innocent Falun Gong practitioners by your government. The persecution against Falun Gong practitioners has claimed at least 890 lives to date. According to a July 2003 radio interview, former US Ambassador to China Mark Palmer estimates that number to be in the range of 10,000. Over 100,000 people have illegally been sent to forced labor camps without trials.More than 500 people have been sentenced to prison terms of up to 18 yews. Hundreds of thousands have been illegally arrested, detained, and tortured since the persecution began in 1999. Awl mom than 1,000 perfectly healthy people have been forced into mental hospitals,an act condenmed by the World Psychiatric Association. All this has been part of a comprehensive campaign to make practitioners renounce their beliefs. Amnesty International,Human Rights Watch,the UN Commission on Human Rights and numerous ntzicrs how thoroughly documented the persecution. Our federal government has also expressed support for Falun Gong and condemned the persecution in China. In July 2003, rlanse Colicnrrent Resolution 1 lift was passed unanimously and now Honse Concurrent Resolution 304--condernning the persecution overseas and attempts to interfere:with American government officials—is before Congress. Several state elected officials have also previously expressed concern in letters to Ambassador Yang Jicchi. Again,we must unequivocally say that the harming of innocent people for their beliefs is morally wrong and cannot be tolerated by a civilized society. Legentnlivt outidina . P.U. lkis 40,11iA • Olympia,Ws45liingIva 9850.i 0482 0 maytiri Among US residents, four Washington State Falun Gong Practitioners were illegally detained while they were in Beijing in February 2002, American citizen Dr. Charles Li front Menlo Park,California wEIS arrested upon landing in China at Guangzhou Airport in January 2003 and has been in detention for over tare year, after a mock trail under the false charge of"sabotaging of radio and television equipment." Many Falun Gong practitioners arc good,hardworking citizens of Washington State. M elected officials itis our duty to listen to their voices and to uphold their rights,including the right to freedom of belief. Wo sincerely hope that one day soon, these Falun Gong practitioners and all those who may wish to,will be free to practice the exercises of Falun Gong in China and to be free citizens following the principles of "Truahfuhtess, Compassion and Tolerance." Although China is our friend,we must decline your invitation,and call for an unequivocal end to the persecution of innocent people on the basis of their belief. Sincere NIL Senator m Kline Senator obsen Senator Karen Keiser 37th Legi. a1ivc District 46th Legislative District 337dLegislative District 67) —Solider Jeanne Kohl-Welles Semler ' .anNurrajrr nator Erik Poulson • 3611h Legislative District 6th Legislative District 34`h Legislative District . Senator Dan Swocker Senator Shit. ins • 20th Legislative District 28n'i.a ' �'ivc D', net /► H7994 CONGRESSIONAL RECORD—HOUSEA. October 4, 2004 f fit Ci a colossal challenge. With dedication, commit- H.Cox.RES.304 Bogosian, issued a proclamation honoring ment to hard work, and inspirational leader- Whereas Falun Gong is a peaceful spiritual the contributions of Falun Gong practi- ship, Greece met the challenge while proudly movement that originated in the People's tioners to the Saratoga community, which ' showcasing the ideals of the Olympics and Republic of China but has grown in popu- prompted the Chinese Consulate in San promoting friendship and peace among na- larity worldwide and is now accepted and Francisco to write to Mr. Bogosian urging tions. practiced by thousands in the United States; him to retract his support for local Falun As the host to the biggestsportingevent in Whereas demonstrations by Falun Gong Gong activities; gge practitioners in the People's Republic of Whereas many local and national media or- the world, Athens rose magnificently to the China and the United States have been ganizations have reported that other local challenge and demonstrated the pride and peaceful,meditative sessions; officials across the United States, including honor that comes with such an occasion. The Whereas the Constitution of the People's the mayors of several major cities,have been leadership shown by the government of Republic of China provides to the citizens of pressured by Chinese consular officials to re- Greece,and more specifically, the Prime Min- that country freedom of speech, assembly, cant statements of support for the Falun ister of Greece, Costas Karamanlis, inspired association,and religious belief; Gong; to a great celebration of commitment, Whereas members of the Falun Gong spir- Whereas journalists have cited fear of Athensito, andr human endeavor. Thema o, itual movement,members of Chinese pro-de- hurting trade relationships as the motive- dedication, mocracy groups, and advocates of human tion for some local United States officials to of Athens, Dora Bakoyianni, was responsible rights reform in the People's Republic of recant their support for Falun Gong after re- for presenting the Olympics not only as a China have been harassed, libeled, impris- ceiving pressure from Chinese consular offi- modem sporting occasion, but also as an an- oned, and beaten for demonstrating peace- dials;and dent tradition with superb new modem facili- fully inside that country; Whereas the Constitution of the United ties surrounded by historic and architectural Whereas the Chinese Government has also States guarantees freedom of religion, the Wonder. attempted to silence the Falun Gong move- right to assemble, and the right to speak The Olympic Games left behind not onlyment and Chinese prodemocracy groups in- freely, and the people of the United States YmP a side the United States; strongly value protecting the ability of all memory of great athletic competition, but a Whereas on June 12, 2003, 38 Members of people to live without fear and in accordance legacy of peace, nobility, and honor that Congress filed an Amended Brief of Amicus with their personal beliefs: Now, therefore, should be at the forefront of all international Curiae in support of the Falun Gong at the be it occasions. The Athens Olympic Organizing United States District Court, Northeastern Resolved by the House of Representatives(the Committee, under the direction of Gianna District of Illinois,Eastern Division; Senate concurring), That it is the sense of Dasklaki-Angelopoulos, presented such a co Whereas Chinese consular officials have Congress that— pressured cted officials in lossal event which surpassed all expectations. States to refuse orithdraw sup the ri the (1) the Government of the People's Repub- port foor the lic of China should— She and her staff succeeded in showcasing all Falun Gong spiritual group; (A)immediately stop interfering in the ex- that Athens has to offer, old and new, as the Whereas Dr. Charles Lee, a United States ereise of religious and political freedoms birthplace of the Olympics and a frontrunner in citizen, has reportedly been mentally and within the United States, such as the right modem development. With Athens being the physically tortured since being detained by to practice Falun Gong, that are guaranteed birthplace of the modem Olympics games and Chinese authorities in early 2003; by the United States Constitution; containing so many beautiful ancient monu Whereas the apartment of Ms. Gail (B)cease using the diplomatic missions in Raments,there could not have been a more per- the United the States, Gong apo brokeneswo into in the United States to spread falsehoods about the s byed hasebeenibroken intoe the nature of Falun Gong; fact setting for a truly wonderful celebration of times agents of the Chinese regime since athleticism. the regime banned Falun Gong in 1999 in (C) release from detention all prisoners of The citizens and government of Greece put China; conscience, including practitioners of Falun on a show that made Hellenes from around Whereas over the past 5 years China's dip- tionGong, who have been incarcerated in viola- the world proud. As a Greek-American, I am lomatic corps has been actively involved in itut ono the People's Republic of China;in the n most proud. I commend Greece for ensuring harassing and persecuting Falun Gong prat- (D) immediately end the harassment, de- that the 2004 Summer Olympic Games would titioners in the United States; tention,physical abuse,and imprisonment of not be forgotten.I encouragemycolleagues to Whereas weren June 23,attacked20Falun Gong prase individuals who are exercising their legiti- r9 9 titioners NewYork Cityouby localside a Chinesenitmate rights to freedom of religion,including support H. XL.774. States-based restaurant-biwi by eorUnites the practices of Falun Gong, freedom of ex- Mr. WEXlanc Mr. Speaker, I yield to t individuals with reported ties pression,and freedom of association as stat- back the balance of my time. to the Chinese Government; Mrs. JO ANN DAVIS of Virginia. Mr. Whereas 5 Falun Gong practitioners were ed in the Constitution of the People's Repub- Speaker, I have no further requests for assaulted outside of the Chinese Consulate in lic of China;and time, and I yield back the balance of Chicago on September 7, 2001, while ewer- (E)demonstrate its willingness to abide by my time. cising their constitutionally protected rights ex pression,sand assol c iation ation by freedom of of belio ef,to SPEAKER pro tempore. The in free speech,leadingCto battery convictions strict those freedoms in the People's in Cook County Criminal Court of Jiming Repub- question is on the motion offered by Zheng on November 13,2002,and Yujun Weng lic of China; the gentlewoman from Virginia (Mrs. on December 5, 2002, both assailants being (2) the President should, in accordance Jo ANN DAvis) that the House suspend members of a Chinese-American organiza- with section 401(a)(1)(B)of the International the rules and agree to the resolution, tion in Chicago, the Mid-USA Fujian Town- Religious Freedom Act of 1998 (22 U.S.C. H.Res.774. ship Association, which maintains close ties 6401(a)(1)(B)), and with the intention of dis- The question was taken; and (two- with the Chinese Consulate; suading the Chinese Government from at- thirds having voted in favor thereof) Whereas individuals that physically her- tempting to stifle religious freedom in the eased Falun Gong practitioners in San Fran- People's Republic of China and the United the rules were suspended and the reso- cisco on October 22, 2000, were later seen at States,take action such as— lution was agreed to. anti-Falun Gong meetings and the Chinese (A) issuing an official public demarche, a A motion to reconsider was laid on Consulate in San Francisco; formal protest, to the Chinese Foreign Min- the table. Whereas San Francisco City Supervisor istry in response to the repeated violations Chris Daly, after receiving complaints that by the Chinese Government of basic human Chinese officials were intimidating his con- rights protected in international covenants EXPRESSING SENSE OF CONGRESS stituents, authored a resolution condemning to which the People's Republic of China is a REGARDING OPPRESSION BY human rights violations and persecution of signatory;and CHINA OF FALUN GONG IN Falun Gong members by the Chinese Govern- (B) working more closely with Chinese UNITED STATES AND CHINA ment; human rights activists to identify Chinese Whereas Mr. Daly and the other members authorities who have been personally respon- Ms. ROS-LEHTINEN. Mr. Speaker, I of the San Francisco City Council subse- sible for acts of violence and persecution in move to suspend the rules and agree to quently received a letter from the Chinese the People's Republic of China; the concurrent resolution (H. Con. Res. Consul General in San Francisco, claiming (3) the Attorney General should inves- 304) expressing the sense of Congress that Falun Gong was an"evil cult"that was Ligate reports that Chinese consular officials regarding oppression by the Govern- undermining the "normal social order" in in the United States have committed illegal meat of the Republic of the People's Republic of China,and that Mr. acts while attempting to intimidate or inap- m nFt on he People's is United States Chinana Daly's resolution should therefore be re- propriately influence Falun Gong practi- ofjected,which it subsequently was; tioners or local elected officials,and,in con- in China. Whereas in November 2000, the former sultation with the Secretary of State,deter- The Clerk read as follows: Mayor of Saratoga, California, Stan mine an appropriate legal response;and October 4, 2004 CONGRESSIONAL RECORD—HOUSE 117995 • (4) officials of local governments in the dressing something even more omi- before us today, however, focuses the United States should— nous. With over 70 cosponsors, this res- spotlight on a new element of the Chi- (A) in accordance with local statutes and olution focuses on reports and inves- nese Government's anti-Falun Gong procedures, recognize and support organiza- tigations on the use of fear, intimida- campaign, the attempt to quash any tions and individuals that share the goals of all or part of the local community,including tion and oppression, often connected support for Falun Gong in the United Falun Gong practitioners;and with violence, right here within the States. (B) report incidents of pressure or harass- borders of our own country, within the Over the past 5 years, Chinese dip- ment by agents of the People's Republic of United States. lomats in the United States have en- China to Members of Congress, the Attorney Falun Gong practitioners, while gaged in a campaign of intimidation General,and the Secretary of State. peacefully and nonviolently exercising and pressure against Falun Gong prac- The SPEAKER pro tempore. Pursu- their constitutional rights to free titioners here in the United States and ant to the rule, the gentlewoman from speech and assembly,have been intimi- those who advocate on their behalf.Ap- Florida (Ms. ROS-LEITINEN) and the dated from California to New York by parently not satisfied with the brutal gentlewoman from California(Ms. LEE) agents of the Chinese regime. They suppression of Falun Gong adherence each will control 20 minutes. have, as we have outlined in this reso- in China, China has decided to export The Chair recognizes the gentle- lution, been physically harassed on the these repressive policies to the United woman from Florida (Ms. ROS- streets of San Francisco, assaulted on States. LEHTINEN). the streets of Chicago outside of the As the resolution notes, local offi- GENERAL LEAVE Chinese consulate and attacked on the cials in the United States have been Ms. ROS-LEHTINEN. Mr. Speaker, I streets of New York by individuals pressured to vote against resolutions ask unanimous consent that all Mem- with reported ties to the Chinese re- condemning the persecution of Falun bers may have 5 legislative days within gime. Gong. Practitioners of Falun Gong in which to revise and extend their re- Let those listening to this debate, in- the United States have also been har- marks and include extraneous material eluding representatives of any foreign assed and physically assaulted by indi- on H. Con. Res. 304, the resolution governments having strategies for sup- viduals associated with Chinese diplo- under consideration. pressing free speech in this country,re- matic missions. Media organizations The SPEAKER pro tempore. Is there member one thing: This is the United attempting to fairly cover the treat- objection to the request of the gentle- States of America, the cradle of free- ment of Falun Gong have been pres- woman from Florida? dom and democracy. We will not sit sured by Chinese officials, particularly There was no objection. idly by as you infringe upon the rights if their papers ran editorials critical of Ms. ROS-LEHTINEN. Mr. Speaker, I of our citizens and residents who prac- the Chinese Government. time myself such time as I may con- tice Falun Gong. Any interference in Mr. Speaker, the Chinese Govern- sume. I would like to commend my col- the exercise of free speech inside our ment's heavy-handed tactics against leagues, the gentlewoman from Cali- land will result in the expulsion of Falun Gong in the United States will fornia (Ms. WOOLSEY) and the gentle- those who engage in such actions. backfire. As Americans see firsthand woman from California (Ms. LEE), for In the land of the free, all voices will the extremes to which the Chinese their dedication and support of this be heard. In the home of the brave, a Government will go to stop Falun resolution. I would also like to thank hundred or more flowers will bloom,in- Gong, sympathy for the plight of Falun the gentleman from Illinois (Chairman eluding the Falun Gong's spiritual Gong practitioners everywhere is sure HYDE), as well as the gentleman from movement. to grow. Mr. Speaker, this resolution California (Mr. LANTOs), our ranking I ask my colleagues to send a clear puts the Congress firmly on record member, and our entire leadership for message to the Chinese regime and to against such pressure tactics, and I bringing this resolution to the floor immediately and unconditionally stop strongly support its passage. today. its deplorable treatment of the Falun Mr. Speaker, I reserve the balance of I rise today to call attention to the Gong spiritual movement, both inside my time. horrific specter of the repression im- China and specifically here in the Mr. Speaker, I yield 5 minutes to the posed upon a peaceful spiritual move- United States. gentlewoman from California (Ms. ment, the Falun Gong, by the largest I ask for a"yes"vote on H. Con.Res. WOOLSEY), whose leadership on this authoritarian regime in the world 304. issue is to be commended and who has today, the Communist regime in China. Mr. Speaker, I reserve the balance of worked in a bipartisan fashion with the On July 22, 1999, a date which will my time. gentlewoman from Florida to bring live in the annals of human rights vio- Ms. LEE. Mr. Speaker, I yield myself this resolution to the floor. lations as a day of infamy, the Beijing such time as I may consume. Ms. WOOLSEY. Mr. Speaker, I rise in authorities declared the Falun Gong il- I strongly support this resolution. It strong support of H. Con. Res. 304, a legal, branding it a so-called "evil is a very important resolution, and I resolution that condemns the harass- cult." This immediately prompted urge my colleagues to do so as well. ment of Falun Gong practitioners in mass arrests, torture and reported Mr. Speaker, 5 years ago, the Chinese China and here in the United States. I deaths of Falun Gong practitioners in government launched a very brutal first want to thank the gentlewoman official custody, which continues crackdown of the Falun Gong spiritual from Florida (Ms. Ros-LEHTINEN), with unabated to this present day. movement throughout China. Tens of whom I coauthored and introduced this These Falun Gong practitioners still thousands of Falun Gong practitioners important resolution in October of last in Chinese custody include at least one were brutally beaten, thrown in jail year. I also want to thank the House American citizen, Dr. Charles Lee. and tortured. leadership for allowing this important Members of Congress have repeatedly legislation to come to the House floor, called for his immediate release, and 0 2000 and the gentlewoman from California we renew that call here today. Over 800 Falun Gong practitioners (Ms.i,EE)for yielding me this time. This chamber has repeatedly con- have been killed and tens of thousands Finally, I want to thank the loyal demned the Chinese regime's abhorrent remain locked up in Chinese prisons,in and dedicated Falun Gong practi- violations of human rights and the vio- psychiatric institutions, and reformed tioners who have diligently stopped by lations of freedom of belief and con- through labor camps. The ongoing Chi- my offices over the last 2 years. It has science of the Falun Gong. We have nese suppression of the Falun Gong is been my pleasure to work with them done so by rendering our overwhelming one of the greatest human rights on this issue. support to bipartisan resolutions that I abuses of our time and will, undoubt- Mr. Speaker, in April of 1999, 10,000 have introduced with my colleague,the edly, be marked as one of the darkest Falun Gong practitioners staged a gentlewoman from California (Ms. periods in modern Chinese history. peaceful demonstration in front of the WooLSEY),and numerous others. Congress has repeatedly spoken out Communist Party headquarters near However,H. Con. Res.304 is different. against the repression of Falun Gong Tiananmen Square. They protested This resolution before us today is ad- practitioners in China. The resolution China's oppressive regime. Of course, H7996 CONGRESSIONAL RECORD—HOUSE October 4, 2004 ' we are all familiar with the events that association, as affirmed by the Con- The State Department Human Rights Report • took place in Tiananmen Square in stitution of the People's Republic of for 2003 has several pages documenting the , 1989, when thousands of individuals China. plight of the Falun Gong. We know at least protesting the Chinese regime were The right to practice the religion or 250 Falun Gong members have died as a re- brutally beaten and many killed, but spiritual movement of one's choice is suit of torture thus far. For instance, in only a China's abuses of Falun Gong practi- ingrained in the very fabric of the three-month period from June to August last tioners both in China and here in the United States Constitution. That is year, more than 50 Falun Gong died in cus- United States have not received the why it is counter to what we stand for tody, many from torture in detention camps. same attention. in our country that Chinese officials Other estimates place the total body count China's rulers have condemned Falun have persecuted Falun Gong practi- higher.Bodies of the tortured victims are often Gong since the 1999 protest,calling this tioners and harassed local American of- cremated immediately to conceal evidence of peaceful spiritual movement an evil ficials right here in our country. torture. The report indicated that Falun Gong cult,and embarking on an official cam- I urge all of my colleagues to support adherents sent to mental health institutions paign to eradicate the movement. this important resolution. Send a have been administered psychiatric drugs and China has imprisoned, tortured, and strong message to China that we de- electric shock treatments by Chinese authori- even murdered hundreds of people sim- mand the proper treatment of both ties. ply because they peacefully practice Americans and Chinese individuals who Several thousand Falun Gong practi- Falun Gong. Included among those who practice the Falun Gong spiritual tioners—estimated at 125,000 or higher—are have been jailed and tortured are movement. held in labor camps,prisons, and mental hos- American citizens of Chinese descent. Mr. SMITH of New Jersey. Mr. Speaker, I pitals,where they are forced to endure torture Charles Lee, a California native, is rise to urge passage of H.Con. Res.304, ex- brainwashing sessions. For example, in De- one such victim. In the year 2003, he Pressing the sense of Congress that the Gov- camber 2003, Liu Chengjun, sentenced to 19 traveled to China to visit his extended emment of the People's Republic of China years in prison in March 2002 for involvement family. Immediately upon stepping off should cease its persecution of Falun Gong in illegal Falun Gong television broadcasts, the airplane, Charles Lee was arrested practitioners in the United States and in China. was reportedly beaten to death by police in by Chinese officials.Despite the United Ms. ROS LEHTINEN, I commend you for intro- ducingthis legislation and for Jilin CityPrison. ways State Department appeals for eg speaking out The government continues to find new wa s his release, he has been jailed and tor- against human rights abuses throughout the to crack down on Falun Gong. Over the past tured in a Chineseprison since his ab- world. Members of Congress need to be aware of year , the Government initiated a comprehen duction. sive effort to round up practitioners not already Other American Falun Gongthe brutal suppression of human rights and re- practi ligious freedoms being carried out by the Pea- toners in custody and sanctioned the use of high- and arassed right een here lindAmerica. pie's Republic of China. From forced abortion Gong study sessionssure tactics s to mandatory practitioners to and labor camps, to the imprisonment and Miss Gail Rachlin, the Falun Gong sometimes even execution of brave Chinese renounce Falun Gong. Even practitioners who spokeswoman in the United States,has who dare to stand up for their faith or political had not protested or made other public dem- had her New York apartment broken beliefs, Hu Jintao's regime, like that of Jiang onstrations of belief reportedly were forced to into not once,not twice,but five times Zemin before, is one of the worst violators of attend anti-Falun Gong classes or were sent over in the last 5 years; and it appears human rights in the world. directly to reeducation-through-labor camps, the break-ins have been by Chinese While Christians, Tibetan Buddhists, and where in some cases,beatings and torture re- agents. Muslim being are all Uighurswere used to force them to recant. China's diplomats to the United g persecuted for portedly y too have been actively the faith,the suffering of peaceful Falun Gong These tactics reportedly resulted in large num- States hatoo hng and persecuting involved Falun practitioners has been especially intense. In ber of practitioners signing pledges to re- 1999,China's dictators launched a brutal cam- nounce the movement. Gong practitioners here in the United P g complete) eradicate Falun Go At the National People's Congress session sin to States. When San Francisco City Su- from their country t rough whatever means in March, Premier Wen Jiabao's Government pervisor Chris Daly heard some of his Work Report emphasized that the Government necessary, claiming that Falun Gong was a constituents had been harassed by Chi- threat to "social order in China. The reason would "expand and deepen its battle against nese officials, he authored a resolution behind this campaign of brutality is clear by cults,"including Falun Gong.Thousands of in- for the San Francisco Board con- the mid to late 1990s, the number of Falun dividuals were still undergoing criminal,admin- demning the persecution of Falun Gong Gong practitioners began to exceed the num- istrative, and extrajudicial punishment for en- members by the Chinese Government. ber of members of the Communist Party. Like gaging in Falun Gong practices,admitting that In response, the Chinese Consul Gen- all dictators and totalitarian terror systems,the they adhered to the teachings of Falun Gong, eral in San Francisco sent Mr. Daly a PRC fears and hates what it cannot control. or refusing to criticize the organization or its harshly worded letter, claiming that So it sought to destroy and intimidate those founder. Falun Gong undermines the normal so- who practice Falun Gong. I would also note During April to June 2003, the Government cial order in China and should be con- that the regime has labeled as "cults" and is launched fresh accusations that Falun Gong damned. now oppressing other groups with followings practitioners were disrupting SARS-prevention The same experience has been re- comparable to that of the Falun Gong,such as efforts. State-run media claimed that, begin- peated time and time again in dozens the Xiang Gong, Guo Gong, and Zhong Gong ning in April, Falun Gong followers "incited of cities across the country. A local of- gigong groups public panic" and otherwise "sabotaged" anti- ficial introduces a resolution in sup- Falun Gong is not a religion, per se, but SARS efforts in many provinces by preaching port of Falun Gong,and in response the rather more like a philosophy. Based on the that belief in Falun Gong will prevent persons Chinese consulate in the U.S. con- principles of Truthfulness, Compassion, and from contracting SARS. Authorities detained demns that resolution as well as the Tolerance, Falun Gong uses a series of five hundreds of Falun Gong adherents on such local official who sponsored it. physical and mental exercises to assist its charges,including 69 in Jiangsu Province dur- Mr. Speaker, that is why H.Con.Res. members to purify themselves spiritually and ing May and 180 in Hebei Province during 304 expresses the sense of Congress that peacefully resolve conflicts. Whatever one June. the Government of the People's Repub- may say about the merits of their beliefs, the But Beijing is not confining its disgusting tor- lie of China immediately stop inter- evidence is very clear that Falun Gong practi- ture and brainwashing campaign to its own fering in the exercise of religious and tioners are peaceful individuals who want to people.Chinese-American citizens and perma- political freedoms within the United be left alone to practice their beliefs as they nent residents are also victims. One American States, including the right to practice see fit. citizen, Dr. Charles Li, was arrested January Falun Gong.This resolution also states To carry out the task of smashing those 22, 2003 in China upon his arrival at an air- that China immediately cease its har- who practice Falun Gong, the Beijing dictator- port. A Falun Gong practitioner, the Chinese assment, detention, and torture of any ship created"610"offices throughout China to government alleges he attempted to sabotage individual exercising his or her legit- oversee and direct the persecution of Falun television and radio equipment, even though mate rights to freedom of religion, Gong through brainwashing, torture, and mur- he had just arrived in the country. Dr. Li has freedom of expression, and freedom of der. gone on continual hunger strikes to protest his •. October 4, 2004 CONGRESSIONAL RECORD—HOUSE H7997 arrest but been subject to forced feedings. nese exercise discipline)with the teachings of In an effort to end the discrimination that con- There are reports that he is being subjected to Falun Gong leader Li Hongzhi. Despite its fronts Falun Gong practitioners, I wrote a letter brainwashing and anti-Falun Gong props- spiritual content, Falun Gong does not con- to the Manhattan District Attorney, Robert Banda. At least 37 other Falun Gong practi- sider itself a religion and has no clergy or Morgenthau,requesting an investigation of this tioners who have family members that are re- places of worship. case. I hope that justice prevails in this case. siding in the U.S. are also in prison in China. Mr. Speaker, this resolution calls upon the With passage of H. Con. Res. 304, we can Authorities also detained foreign Falun Gong government of China to immediately end the send a strong signal condemning China's practitioners from other countries. For exam- harassment, detention, physical abuse, and human rights abuses and we can take one ple, in January 2003, two Australian citizens imprisonment of individuals who are exercising step closer to ensuring Falun Gong members were deported for engaging in Falun Gong ac- their legitimate rights to freedom of religion, the freedom of religion and assembly guaran- tivities in Sichuan Province. freedom of expression, and freedom of asso- teed to them by law. As my colleagues know, a sizeable number ciation as stated in the Constitution of the Ms. LEE. Mr. Speaker, I have no fur- of Falun Gong practitioners reside here in the People's Republic of China. ther requests for time, and I yield back United States. They attempt to raise aware- The importance of this cannot be over- the balance of my time. ness about the horrors their fellow believers stated—the protection of religious freedom is Ms. ROS-LEHTINEN. Mr. Speaker, I are subject to through meeting with govern- intimately connected to the protection of other have no further requests for time, and ment officials and through holding peaceful fundamental human and civil rights,as well as I yield back the balance of my time. protests. Just this The SPEAKER pro tempore (Mr. past August, Falun Gong to the growth of democracy. Mumniv). The question is on the mo- members gathered on the Mall to pass out lit- A government that acknowledges and pro- ton offered by the gentlewoman from erature and inform Americans of the great suf- teas freedom of religion and conscience is Florida (Ms. ROS-LEHTIlew) that the faring those in their faith are enduring. When one that understands the inherent and invio House suspend the rules and agree to Hu Jintao and other state leaders responsible lable dignity of the human person,and is more the concurrent resolution, H. Con. Res. for this purge are visiting foreign countries, likely to protect, the other rights fundamental Falun Gong members travel overseas to pro- to human dignity, such as freedom from arbi- 304 test and raise awareness of the brutal perse- trary arrest or seizure,or freedom from torture The question was taken; and (two cation. and murder. thirds having voted in favor thereof) In response,China's persecution against the Mr.Speaker,this resolution sends an impor- the rules were suspended and the con- Falun Gong has moved outside of China's tant message to the government of China that current resolution was agreed to. own borders. Large numbers of Falun Gong in we will not look the other way when they vio A motion to reconsider was laid on the United States have reported to have been late the basic rights of their people, and that the table. harassed. The FBI is currently investigating we demand of our partners in the international .._... ""-- beatings of Falun Gong practitioners in Atlanta community the protection of the most basic SENSE OF CONGRESS REGARDING and Chicago. On June 23, 2003, Falun Gong human rights—freedom to worship freely. HUMANITARIAN ASSISTANCE TO practitioners in New York were harassed and Mr. PALLONE. Mr. Speaker, I would like to COUNTRIES OF CARIBBEAN DEV- physically violated by Chinese nationals asso- express my support for H. Con. Res. 304, a ASTATED BY HURRICANES CHAR- ciated with the consulate. Charges have been resolution honoring the tradition and practice LEY, FRANCES, IVAN, AND filed with the authorities. Li Li and some of her of Falun Gong.As a cosponsor of this resolu- JEANNE friends were involved with this incident. tion, I urge my colleagues to vote yes on this Ms. ROS-LEHTINEN. Mr. Speaker, I Persecution of Falun Gong in China is hor- important piece of legislation. move to suspend the rules and agree to rific enough itself. The fact that China is now H.Con. Res.304 calls on the Chinese Gov- the concurrent resolution(H. Con. Res. exporting its repression to weaker foreign na- emment to stop interfering with the religious 496) expressing the sense of Congress tions under the guise of "safety" and "public and political rights of individuals in the United with regard to providing humanitarian order" is even worse. The cancer of China's States to practice Falun Gong. The Chinese assistance to countries of the Carib- repression is spreading all over the world.The Govemment has gone so far as to spread bean devastated by Hurricanes Char- PRC is not content to beat and torture and si- falsehoods about Falun Gong and to harass, ley, Frances, Ivan, and Jeanne, as lence those inside its own borders. Now it is detain,abuse and imprison Falun Gong practi- amended. seeking to bully other nations into doing its tioners.The practitioners are simply exercising The Clerk read as follows: bidding. When will this country wake up and their legitimate right to freedom of religion and H.CON.RES.496 stand up to this kind of nonsense? expression, and the actions of the Chinese whereas in May 2004, the National Oceanic I call upon all members of this body to sup- Government conflict with international stand- and Atmospheric Association (NOAA) pre- port H. Con. Res. 304. I call on the adminis- ards of freedom and human rights and must dieted that 2004 would be an above-normal tration to step up its efforts to speak up for the end immediately. Atlantic hurricane season; Falun Gong and out against the actions of the I have an admiration for the practitioners Whereas from August to September 2004 Chinese government immediately. and adherents of Falun Gong and I am in- Hurricanes Charley, Frances, Ivan, and Mr. HOVER. Mr. Speaker, the U.S. State vested in the movement both in the United Jeanne devastated countries of the Carib- Department's 2004 International Religious States and abroad. I remain committed to the bean and the southern, midwestern, and Freedom report for China begins as follows: task of making Falun Gong safe to practice in eastern regions of the United States; "Duringates, theperiod covered bythis report, any country in the world. The members of Whereas the counte ed the United the who have encountered the harsh con- Government's respect for freedom of religion Falun Gong are opposed by a Chinese gov- sequences of the recent hurricanes, can and freedom of conscience remained poor,es- emment that unjustly views them as dis- empathize with the countries of the Carib- pecially for many unregistered religious groups senters. This view is entirely without merit. In bean as they begin the recovery process; and spiritual movements such as the Falun reality, Falun Gong is an inherently peaceful, Whereas Hurricane Frances displaced 800 Gong." apolitical movement that stresses nonviolence people and destroyed 80 homes in the Baha- According to the report, the arrest, deten- and meditation. Since Falun Gong was out- Inas; tion, and imprisonment of Falun Gong practi- lawed in 1999, hundreds of nonviolent practi- Whereas Hurricane Frances caused an esti- tioners continued,and practitioners who refuse tioners have been arrested, tortured, libeled, mated 5amas0,000 in damage to the islands of to recant their beliefs are sometimes subjected and detained without charge orproof of anythe Bahamao; 9 Whereas four hurricanes have struck the to harsh treatment in prisons and reeducation- wrongdoing. region within five weeks; through-labor camps and there have been Sadly, the unwarranted and unprovoked ag- Whereas 90 percent of homes in Grenada credible reports of deaths due to torture and gression against Falun Gong has not ceased, sustained significant damage as a result of abuse. nor is it limited to China. There have been Hurricane Ivan; Foreign observers estimate that half of the unprovoked attacks in the United States and Whereas the International Committee of 250,000 officially recorded inmates in the Falun Gong members have been subjected to the Red Cross estimates that 60,000 of the 95,000country's reeducation-through-labor camps are a humiliating and denigrating blacklist. homeless inhabitants of Grenada were made Falun Gong adherents. One incident that I found particularly often- as a result of Ivantan devastation; Falun Gong blends aspects of Taoism, Bud- sive took place in June 2003. Falun GongWhereas Hurricane is the worst nat- Falun ural disaster to hit Jamaica in 50 years; dhism, and the meditation techniques and members were attacked and beaten while Whereas an estimated 13,000 Jamaicans physical exercises of qigong(a traditional Chi- holding a nonviolent protest in New York City. were displaced during Hurricane Ivan; RECEIVED ECONOMIC DEVELOPMENT, 1 0 2 011 C.) NEIGHBORHOODS, AND STRATEGIC Cie ,/e ♦ .� ` PLANNING DEPARTMENT •NrrO� MEMOR ANDUM DATE: April 10, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: Kathy Keolker,Mayor„ 4., FROM: Alex Pietsch,Administrator totde SUBJECT: CINEMA ON THE PIAZZA ISSUE: Due to the withdrawal of a key corporate sponsorship, supplemental funding is required for the Cinema on the Piazza outdoor movie series if it is to continue for a fourth year. Additionally, questions have been raised about the compatibility of the Cinema on the Piazza and private events scheduled in the adjacent Spirit of Washington Events Center. RECOMMEDATION: The Administration recommends allocation of$20,000 of unallocated year-end fund balance to the "Downtown Activities"fund in the Non-departmental Budget. This supplemental allocation, combined with the $20,000 established in that fund through the adoption of the 2006 Budget will allow the Cinema on the Piazza to continue for a fourth consecutive year. If supplemental funding is allocated, the City Council should determine the appropriate location for the event, either the Piazza or Liberty Park. BACKGROUND SUMMARY: In 2003, the Renton Community Marketing Campaign, a partnership between the City, Renton School District, Renton Technical College, Valley Medical Center, Greater Renton Chamber of Commerce and Renton Visitors' Connection, established an outdoor movie series in the Piazza Park as a way to enliven Downtown Renton. The event proved successful as hundreds of families gathered each Saturday night in July and August. The event was funded with$20,000 from the"Downtown Activities" fund in the Non- departmental Budget and through the Community Marketing Campaign's annual budget. The event continued in 2004 with the"Downtown Activities" and Marketing Campaign contributions offset by sponsorship from several local businesses. In 2005, Valley Medical Center agreed to provide a key sponsorship for the Cinema on the Piazza providing$20,000 for naming rights and other benefits. This, combined with the "Downtown Activities" fund was enough to fund the event. While the Community h:\ednsp\council\issue papers-agenda bills-ctte reports\2006\cinema budget memo.doc Renton City Council Page 2 of 2 April 10,2006 Marketing Campaign continued to sanction and support the event, no stakeholder funds (other than the $20,000 in the City's"Downtown Activities" fund)were involved in its production in 2005. Valley Medical Center has indicated that it will not sponsor the event for 2006. Therefore, if it is to continue for a fourth year, additional funding is necessary. However, there is sufficient 2005 year-end fund balance that could be allocated to"Downtown Activities"fund to make up for the lost sponsorship. In 2005,the City entered into a lease with the Spirit of Washington Dinner Train to operate the Pavilion Building as an event center as the Spirit of Washington Events Center("SWEC"). The SWEC indicates that it has events scheduled each Saturday night in July and August in 2006. Concerns have been raised about the compatibility of the outdoor movies and events that are scheduled inside the SWEC. Staff has analyzed a number of potential alternative locations for this event series. No other Downtown location appears feasible. Liberty Park has emerged as the best option if the City Council were to consider relocating the movie series. CONCLUSION: The Cinema on the Piazza has become a popular community event. Additional funding is necessary ensure its continuation this year. If the City Council chooses to allocate additional funds, a determination should be made as to where the event should be held. cc: Jay Covington Terry Higashiyama Michael Bailey i:\correspondence\mayor\cinema issue paper 041006.doc C>�-Y O� CITY OF RENTON es ♦ • Mayor al l'At Kathy Keolker N CITY OF RENTON April 3,2006 APR 1 1 2006 Ms. Carole Anderson,President R Valley Medical Center CITY CLERKS OFFICE Board of Directors 400 South 43`d Street Renton, WA 98055 Dear Ms. Anderson: I was surprised and saddened to learn that Valley Medical Center may be considering withdrawal of its support for our upcoming outdoor movie series,the Valley Medical Center Cinema on the Piazza.I'm writing to clarify the City's commitment to this event and to encourage your continued participation. The Cinema has become an incredibly popular community event. For the past two summers,hundreds of families have filled the Piazza in Downtown Renton to watch movies on Saturday nights. It has truly been rewarding to see so many people of all ages gather in a place that we all worked so hard to create as a focal point for downtown revitalization. Last year, Valley Medical Center joined us as the principal sponsor of this event. Your contribution of $20,000,combined with$20,000 of City funding, made the free movie series possible. Your staff indicated to us that Valley Medical Center was pleased with the exposure that sponsorship provided the hospital, particularly as you went in to your levy election. Following that success,staff of our two organizations met last fall and agreed the partnership should continue in 2006.Based on that agreement,the City Administration recommended and the Council approved$20,000 for this purpose in its 2006 Budget.Many of the annual calendars of events that the City and other agencies produce have been printed showing the Valley Medical Cinema on the Piazza as a highlight of the summer. Now,just as we were preparing to discuss specific plans and goals with your marketing staff for this year's movie series,we find that you are discussing whether or not VMC will, in fact, sponsor the event this year. We regret that this discussion has emerged so late in the planning process and we're hopeful that any questions can be answered and misunderstandings can be rectified so that the Cinema can continue this year. I would be happy to discuss this matter with you. Please feel free to call me at(425)430-6500 at your convenience. Sincerely, 'ett, ee-t'eke" Kathy Keolker Mayor cc: Renton City Council Rich Roodman, Valley Medical Center Joyce Shaw, Valley Medical Center 1055 South Grady Way-Renton, Washington 98055 -(425)430-6500/FAX(425)430-6523 RENTON KIA _ ___ AHEAD OF THE CURVE "Valley Medical Center CITY OF RENTON --. Where you are the center APR 1 1 2006 CITY CI.� 8FFICE April 6, 2006 Mayor Kathy Keolker City of Renton 1055 South Grady Way Renton, Washington 98055 Dear Mayor Keolker: Thanks for taking the time to visit with our Board and Administration on Tuesday. I believe we all understood the issues as you explained them in your letter, as well as in the dialogue that transpired at the Board of Commissioners meeting. After you left, there was considerable discussion regarding Valley's outreach programs within the community as well as the intent and precedent that we have tried to maintain. For example, during the past couple of years, the medical center has contributed $50,000 to the Renton Communities in Schools program, $10,000 to RAYS (Renton Area Youth & Family Services, $41,600 to the Renton School District for acquisition of AED's (automated external defibrillators) and most recently has stepped up to take on a significant role in the Cast for Kids program. While all of these programs reflect Valley's ongoing contribution to the Renton community, they also reflect our precedent of being"one-time only contributions,"as opposed to ongoing annual support. After further reflection, the Board reaffirmed the medical center's position that Valley will not be participating in the Cinema on the Piazza program in 2006, the same position that Erin Lippincott, Marketing Manager for Community Relations, initially reported to Alex Pietsch last fall, and Joyce Shaw, Director of Marketing and Community Relations, confirmed to Alex last week when he called to ask if we would be continuing this sponsorship this coming summer. We look forward to working with the city in a variety of ways in the future. We will, however, not be participating in the Cinema on the Piazza during 2006. Best regards, Rich Roodman c: Board of Commissioners \` Y O� ADMINISTRATIVE, JUDICIAL, AND c, ♦ LEGAL SERVICES DEPARTMENT MEMORANDUM DATE: April 10, 2006 TO: Randy Corman, Council President Members of the Renton City Council FROM: Kathy Keolker, Mayor Jay Covington, Chief Administrative Officer SUBJECT: Administrative Report In addition to our day-to-day activities, the following items are worthy of note for this week: GENERAL INFORMATION • Everyone is invited to tune in to KING 5 TV on April 20th at 7:00 p.m. as Evening Magazine reveals why Renton's very own Liberty Park Skate Park is Western Washington's official favorite! The "Best of Western Washington" contest is itself a local favorite, with viewers voting online for their favorite people, places, and things in dozens of categories. Online voters were automatically entered to win a prize package from IKEA valued at $25,000. • Join the celebration at the Spring Festival at the Piazza (corner of South 3rd Street and Burnett Avenue) on Saturday, April 22nd, from noon to 5:00 p.m. The Festival will feature arts and crafts booths, food, music, entertainment, kids'booth, farmers market vendors, and master gardener displays. Admission is free. Sponsored by the City of Renton, Greater Renton Chamber of Commerce, and Piazza Renton. • Try your luck at the newest Spring Festival event - the Downtown Poker Tour! A donation of canned food enters you in the tour, which will run from 1:00 to 3:00 p.m. on April 22nd. Sign up at the Downtown Poker Tour booth at the Piazza on the day of the event. Prizes will be awarded for the best poker hands. Sponsored by downtown businesses. ADMINISTRATIVE/JUDICIAL/LEGAL SERVICES DEPARTMENT • The second annual Mayor's Planting Day will take place on Saturday, April 22nd, from 8:00 a.m. until noon. Volunteers will help plant street trees along Williams and Houser Streets in Downtown Renton in recognition of Earth Day and Arbor Day. To sign up, please contact Norma McQuiller at 425-430-6595 or nmcquiller@ci.renton.wa.us. COMMUNITY SERVICES DEPARTMENT • Valley Community Players is presenting Steel Magnolias, directed by Cultural Arts Coordinator Vincent Orduna, at Carco Theatre through April 23rd. For show times and to purchase tickets, call 425-226-5190. • The Henry Moses Aquatic Center opens June 17th to the public, but it's not too early to start planning for summer. Season pass sales, group sales, and party tent reservations are now available by calling the Renton Community Center at 425-430-6700. � jryl�i . /'P/2or f" /C-(96 As you know, the City of Renton's Police Chief Garry Anderson retired at the end of February. Recruitment for a new Chief has been underway, and four finalists are scheduled for interview this week. Thursday evening at 5:00 there will be a reception here at City Hall where Council members and representatives of business and community organizations have been invited to meet and talk with the candidates. CITY OF RENTON COUNCIL AGENDA BILL Al#: 4s.) b. Submitting Data: For Agenda of: April 10, 2006 Dept/Div/Board.. AJLS/Mayor's Office Staff Contact Kathy Keolker, Mayor Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Municipal Arts Commission Appointment: Ordinance Ms. Kristi Hand Resolution Old Business Exhibits: New Business Study Sessions Community Service Application Information Recommended Action: Approvals: Legal Dept Refer to Community Services Committee Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated i Total Project Budget City Share Total Project SUMMARY OF ACTION: Mayor Keolker appoints the following to the Municipal Arts Commission for an unexpired term, expiring on December 31, 2006: Ms. Kristi Hand, 517 Smithers Avenue N, Renton, WA 98055 (position previously held by Jeremy Chambers) STAFF RECOMMENDATION: Confirm Mayor Keolker's appointment of Ms. Kristi Hand to the Municipal Arts Commission. Rentonnet/agnbill/ bh CITY OF RENTON APPLICATION FOR COMMUNITY SERVICE If you are interested in participating in local government by membership on any of the following City boards, commissions,or committees,please complete this application and return it to: Office of the Mayor City of Renton 1055 South Grady Way Renton, WA 98055 Check the boards/commissions/committees in which you are interested: ❑ AIRPORT ADVISORY COMMITTEE* ❑ PLANNING COMMISSION* ❑ CIVIL SERVICE COMMISSION* ❑ RENTON ADVISORY COMMISSION ON DIVERSITY ❑ HOUSING AUTHORITY* ❑ SENIOR C!T1ZENS ADVISORY COMMITTEE* ❑ HUMAN SERVICES ADVISORY COMMITTEE* ❑ SISTER CITY COMMITTEE-CUAUTLA ❑ LIBRARY BOARD ❑ SISTER CITY COMMITTEE-NISHIWAKI IS MUNICIPAL ARTS COMMISSION* ❑ TRANSIT ADVISORY BOARD ❑ PARK BOARD* *Special membership requirements apply. Visit www.ci.renton.wa.us or call 425-430-6500 for details. Your application will be given every consideration as vacancies occur. MR.❑ MS.g] NAME NAME t `2A(.;tom l DATE 2"-2.2--C'(c o ADDRESS 1 1 SC1\ '� ZIP CODE HONE: DAY y 25 SSU aS-(e NIGHT T) LC EMAIL Now RENTON RESIDENT? IF SO,SINCE WHEN? \.--) CITY OF FORMER RESIDENCE EDUCATIONAL BACKGROUND P 1 CZ\-S * S 0 y r Yr\,D L cy^c 1\i 6:. `4 rl OCCUPATION ;St i EMPIAYER t SSS OCCUPATIONAL BACKGROUND C _S \c,r ,u, , E i �1t 1-)10-t1C G xy�C a\t Ili C` 11 ) t1C\ J COMMUNITY ACTIVITIES(organizations/clubs/service groups,etc.) �)L� i � � 1DnS CT-7V- LIC 1 tis: w ` pt orc.3- Q\F 1oc) �`� C 4 �C i� �L�+1C LJ viAct i 1�\ REASON FOR APPLYING FOR THIS BOARD/COMMISSION/COM JTTEE `UL Gf,� VP C:,A ter\il)`EE) `3 M OC\i 1 G"ry N ATTEND DAY MEETINGS? (,)�S CAN ATTEND NIGHT MEETINGS? LA Applications will be kept on file for one year.If you have questions about serving on a board, commission,or committee,please feel free to contact the Mayor's Office at 425-430-6500. 050305 I CITY OF RENTON COUNCIL AGENDA BILL AI#: 5„ t ; Submitting Data: For Agenda of: Noe Dept/Div/Board.. AJLS/City Clerk April 10, 2006 Staff Contact Bonnie Walton Agenda Status Consent X Subject: Public Hearing.. Bid opening on 3/23/2006 for CAG-06-023, Correspondence.. Airport Quonset Hut Building#790 Construction Ordinance Project Resolution Old Business Exhibits: New Business Staff Recommendation Study Sessions Bid Tabulation Sheet(three bids) Information Recommended Action: Approvals: Legal Dept Refer to Transportation (Aviation) Committee Finance Dept Other Fiscal Impact: Expenditure Required... $129,851 Transfer/Amendment Amount Budgeted Revenue Generated kilo' Total Project Budget $ 42,000 (2006) City Share Total Project.. SUMMARY OF ACTION: Engineers Estimate: $50,000 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. The low bid, however, was above the amount budgeted for the project. STAFF RECOMMENDATION: Accept the low bid submitted by Lincoln Construction, Inc. in the amount of$129,851, subject to fund transfer. `cY PLANNING/BUILDING/ + PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: March 31, 2006 TO: onnie Walton, City Clerk FROM: ce Fisher, Airport Operations Specialist (x7471) SUBJECT: Building 790 Construction (Secondary Egress) Project ISSUE: Should Council authorize the Mayor and City Clerk to enter into a construction contract with Lincoln Construction Company of Spanaway in the amount of$129,851 for the Building 790 Construction (Secondary Egress) Project? RECOMMENDATION: Refer this issue to the Transportation (Aviation) Committee. New BACKGROUND: On March 23, 2006, three (3) bid proposals were received and reviewed for the construction of a secondary egress door and deck/stairway addition to the 790 Building (Quonset Hut) at Renton Airport. This is a City-owned building currently used by Airport Maintenance with a second floor to be leased for aviation operations. In order to proceed with a lease however, the City Fire Department requires the additional door and stairway. Lincoln Construction Company of Spanaway submitted the lowest bid in the amount of $129,851. The other two bids were considerably higher at $172,548 and $180,568. Due to the rapidly rising costs of building materials (i.e. steel) and the economic climate favoring construction in the Puget Sound, the bid does not seem unreasonable. In addition, the Airport currently has a local tenant, Air-O, which desires to lease the second floor to a new company, Geneva Aviation of Kent. The 2006 project budget is $42,000, with $26,879 currently encumbered. It is recommended that this issue be referred to the Transportation Committee for discussion of accessing the additional $118,420 (which includes a 15% contingency) from the Airport's Airside/Landside Separation Fund and the awarding of the contract to the low i ti Bonnie Walton Page 2 of 2 March 31,2006 bidder, Lincoln Construction Company. This project is scheduled for the early summer of 2006. cc: Ryan Zulauf,Airport Manager Bruce Fisher,Airport Operations Specialist Connie Brundage,Transportation Administrative Secretary Susan Campbell/Carolyn Currie,Airport Secretary h:\division.s\transpor.tat\admin\sec.i working files\2006\airport bldg 790 construction bid award.doc CITY OF RENTON BID TABULATION SHEET ROJECT: Airport Quonset Hut Building#790, Second Floor Egress &ADA Upgrades; CAG-06-023 DATE: March 23,2006 FORMS Contractor's BID BIDDER Bid Triple Qualifications Includes 8.8%sales tax Bond Form Statement C.D. Construction &Mgmt. X X Base Bid: $172,548.00 PO Box 1148 Total Alternates: ($33,822.64) Renton, WA 98057-1148 Carlos E. Bueno Lincoln Construction, Inc. X X Base Bid: $129,851.00 PO Box 730 Total Alternates: ($9,776.00) Spanaway, WA 98387 Daniel Lincoln WRE Construction, Inc. X X X Base Bid: $180,568.00 22315 7th Ave. S. Total Alternates: ($37,427.00) Des Moines,WA 98198 Wendy Mowat 'fir, 'NGINEER'S ESTIMATE TOTAL: $50,000.00 'err+ LEGEND: Forms:Triple Form:Non-Collusion Affidavit,Anti-Trust Claims,Minimum Wage CITY OF RENTON COUNCIL AGENDA BILL C AI#: S.,J : j 1 Submitting Data: For Agenda of: 1111100, Dept/Div/Board.. AJLS/City Clerk April 10, 2006 Staff Contact Bonnie Walton Agenda Status Consent X Subject: Public Hearing.. Bid opening on 3/28/2006 for CAG-06-039, Correspondence.. Water Main Replacement Project -N. 31st, N. 33rd, &NE Ordinance 24th Streets Resolution Old Business Exhibits: New Business Staff Recommendation Study Sessions Bid Tabulation Sheet (six bids) Information Project Location Map Recommended Action: Approvals: Legal Dept X Council concur Finance Dept X Other Fiscal Impact: Expenditure Required... $270,749.02 (2006) Transfer/Amendment N/A Amount Budgeted $318,000.00(for construction contract) Revenue Generated N/A Total Project Budget $358,000.00(2006 budget for design, City Share Total Project.. 100% construction&administration) Account No.425.500.18.5960.34.65.55170 SUMMARY OF ACTION: Engineers Estimate: $237,314.56 In accordance with Council procedure,bids submitted at the subject bid opening met the following three criteria: There was more than one bid, the low bid was within the project budget, and there were no irregularities. STAFF RECOMMENDATION: Accept the low bid submitted by VJM Construction Co., Inc. in the amount of$270,749.02. O PLANNINGBUILDING/ Now elp PUBLIC WORKS DEPARTMENT • - Nrc0 MEMORANDUM DATE: March 30, 2006 TO: Bonnie Walton, City Clerk FROM: Abdoul Gafour, Water Utility Supervisor (ext. 7210) Rick Moreno, Water Utility Engineer(ext. 7208) SUBJECT: Award of Construction Contract CAG-06-039 2006 Water Main Replacement Project WTR-27-3287 N 31st, N 33rd, & NE 24th Street On March 28, 2006, bids were opened and publicly read for the 2006 Water Main Replacement project. The City received six bids. VJM Construction Co., of Redmond, Washington, submitted the lowest bid, in the amount of$270,749.02, for the construction of the improvements. We checked the low bid and found no irregularities in it. The engineer's estimate for this project is $237,314.56. The Water Utility's 2006 total budget for this project is $358,000, which includes funds for the following: Account No. 425.000500.018.5960.0034.65.055170 Construction contract $ 318,000.00 City staff for design, contract administration, and $ 15,000.00 inspection Contingencies $ 25,000.00 Total project budget $ 358,000.00 The Water Utility has sufficient funds in the project budget and recommends that the contract be awarded to VJM Construction Co., in the amount of$270,749.02. Attached is a draft Agenda Bill for Council's approval of the award of the contract at the Council meeting of April 10, 2006. cc: Gregg Zimmerman,PBPW Administrator Lys Hornsby,Utility Systems Director N4lorre Nenita Ching,PBPW Financial Analyst H:\File Sys\WTR-Drinking Water Utility\WTR-27-Water Project Files\WTR-27-3287-N 3I st,N 33rd.NE 24th,High Ave NE- 2006 Water Main Replacement\n-House Correspondence\memo-to-city-clerk-for-award-of-contract.doc\RLMtp CITY OF RENTON BID TABULATION SHEET PROJECT: Eight-Inch Water Main Replacement in N. 31st, N. 33rd, &NE 24th Streets; CAG-06-039 DATE: March 28, 2006 FORMS BID BIDDER Bid Triple Includes 8.8%Sales Tax Bond Form Buno Construction,LLC X X $284,871.04 20219 99th Ave. SE Snohomish,WA 98296 Dan E. Buno Construct Co. X X $4a-542644 1621 Pease Ave. $324,430.72 * Sumner,WA 98390 Cy Morse Gary Harper Construction, Inc. X X $363,000.32 10621 169th Ave. NE Redmond, WA 98052-2745 Gary A. Harper Kar-Vel Construction X X $375,218.56 PO Box 58275 Renton,WA 98058 Mike Waldner Leary Construction Co. X X $312,256.00 5007 14th Ave. NW Seattle,WA 98107 Thomas M. Leary VJM Construction Co., Inc. X X $270,718.82 12409 230th Pl. NE $270,749.02 * Redmond,WA 98053 Vincent J. Mazzaferro ENGINEER'S ESTIMATE TOTAL: $237,314.56 *corrected LEGEND: Fomes:Triple Form:Non-Collusion Affidavit,Anti-Trust Claims,Minimum Wage "rl✓ 88888888888888888 8 g g m4 §.§.4g.§. X4g0.4g. $ 8 ' » 4R$ g $ a6 xnm» ^'R4n � n . gR p 888888888 888888888 » 4 $ II 8 8 $ $ $ 8 8 8 8 8 8 8 88 8 8 8 8 8 8 8 mg.§ kgR4uu § uu§.mmm $4! 8 $ 8Oo " 888888888888888888 VI 488 " 85trr 88888 $ $ 8888888 $888 833 ..& N - " 2 PI S ' ':--- :-, " " * F4 - - Ani I ... g 8 „8 „. $ 88. 8. „ $ „ 8 „ $ 88. 41m' NSs § ¢ :„ .7 � Se11$ 8888888888 $ 88888 $ $ 8 8 Ag _ xgtt«ggg a$$ tt 3851 '414111° 1 f8t S82 Q$Q8 S82 8 8 ¢8 Q8 8. Q8 5 8 8 $ 8 8 8 141 1 §!§. 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IIIi11` iU::::i 1111. 1 .6�,Ip1= _: .■ ..■. n - - 11111- Fat:a;� 215 Q •Y:.iUr: ■1111111\x■••■■• IIIiIJ: 11mtill liii w _ 6-i al ■11 ■ 11: 1' Il■■a°II■ EN im .1 rimoriedlii C ime Y■■► 1� :■11 wall .— _ :::-- :i::111. 1- :::.:V: 1 ii i ': in::.. p... .l ium:0 II - :I esis ■lmonIs :C._. imAri 1,1 CO■. .•:IS ow% _■r■� _ �. 11111.dji■ 11Th k ilUYII■ mom wiao PROJECT VICINITY MAP NO SCALE CAG- 06 - 039 �� 8—INCH WATER MAIN REPLACEMENT CITY OF RENTON COUNCIL AGENDA BILL AI#: ,s Submitting Data: For Agenda of: Dept/Div/Board.. EDNSP Department/Strategic April 10,2006 Planning Staff Contact Don Erickson(x-6581) Agenda Status Consent X Subject: Public Hearing.. X Akers Farms Annexation—Second public hearing on Correspondence.. zoning and effectuation of the annexation by first Ordinance reading of annexation ordinance and,if Council Resolution concurs, the first reading of the R-8 zoning ordinance. Old Business Exhibits: New Business Issue Paper,BRB Approval Letter, Ordinances Study Sessions Information Recommended Action: Approvals: Council concur Legal Dept X 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: Council last considered this annexation on August 15, 2005,when it accepted the 60%Direct Petition to Annex and authorized the Administration to forward the Notice of Intent package to the Boundary Review Board for King County. The Boundary Review Board completed its mandatory 45-day review of the Akers Farms Annexation and notified the City that it was approved effective February 28, 2006. Having already held the first of two required public hearings on future zoning for the annexation site and assuming Council will choose to bring it into the City,the City is now required to hold a second public hearing on future zoning. At this public hearing,the Administration will ask Council to consider two ordinances, one adopting the annexation and the other, concurrently rezoning it consistent with the City's Comprehensive Plan. Because it is designated Residential Single Family on the Comprehensive Plan, staff is recommending R-8 zoning consistent with this land use designation,which would allow a maximum of eight units per net acre. STAFF RECOMMENDATION: Set April 24,2006, for a public hearing to consider two ordinances related to the Akers Farms Annexation. One of these ordinances would rezone the site to R-8,consistent with the Comprehensive Plan, and the other would effectuate the annexation by Council action. H:IEDNSP\PAAIAnnexations\Akers Farms\Agenda Bill forAcceptance.doc • ( Y O'et CITY OF RENTON �.r ♦ C. ♦ ECONOMIC DEVELOPMENT, NEIGHBORHOODS, AND STRATEGIC PLANNING DEPARTMENT MEMORANDUM DATE: March 15, 2006 TO: Randy Corman, Council President Councilmembers VIA: . Kathy Keolker, Mayor FROM: Alex Pietsch, Administrator N-14 STAFF CONTACT: Don Erickson (X-6581) SUBJECT: Akers Farms Annexation - Effectuation and Rezoning ISSUE: 'aw• Whether the 13.3-acre Akers Farms Annexation should be brought into the City in that the Boundary Review Board for King County has now approved this annexation; and, Whether the non-street portions of this annexation should be zoned R-8, eight units per net acre, consistent with the City's Comprehensive Plan, upon annexation into the City. RECOMMENDATION: • That Council accept the Akers Farms Annexation and adopt the ordinance effectuating it; and, • That Council support R-8 zoning for the Akers Farms Annexation site, exclusive of streets, and adopt a zoning ordinance to do this. BACKGROUND SUMMARY: The 13.3-acre Akers Farms Annexation is located in the southeastern portion of the City east of Nelson Middle School at Jones Avenue South (108th Ave SE). The site abuts the Renton City limits on its western, northern, and northeastern boundaries. Puget Sound Energy's overhead electrical transmission lines define its northeastern boundary. Its northern boundary is approximately SE 161st Street, if extended, and its southern boundary is mostly the south side of SE 164th Street. The current site is zoned R-8 SO (6 units per gross acre) in King County and designated Residential Single Family (RS) on Renton's Comprehensive Plan Land Use Map, which allows R-8 zoning (8 units per net acre). April 3, 2006 Page 2 The first of the two required public hearings on future zoning for this annexation was held on August 15, 2005. Pursuant to the authorization of Council, the Notice of Intent package was sent to the Boundary Review Board on November 16, 2005, beginning their mandatory 45- day review. The Board notified the City that it had approved the Akers Farms Annexation effective February 28, 2006. Because the Puget Sound Energy transmission line encumbers the northern portion of this annexation, it is anticipated that at full development, approximately 78 single-family detached dwellings could be built on the non-street 12.99-acre area portion under the City's R-8 zoning. And with full development in an estimated 10 years, this annexation is anticipated to have a positive fiscal impact of over $17,316 per year. If it were to come into Renton today, it would cost the City about $800 per year until new development took place. In order to effectuate this annexation, the Council will need to adopt the two attached ordinances, the first for the annexation itself, and the second, for concurrent R-8 zoning, consistent with the City's Comprehensive Plan. CONCLUSION: Having complied with relevant statute requirements and having been recently approved by the Boundary Review Board and found by staff to be consistent with relevant City land use and annexation policies, the Administration is recommending that Council bring the Akers Farms Annexation into the City and rezone it R-8, eight units per net acre, consistent with the City's Comprehensive Plan. Attachments CC: Jay Covington Bonnie Walton Alex Pietsch Don Erickson .4411101 H:/EDNSP/PAA/Annexations/Akers Farms/Acceptance Issue Paper.doc 1311 Washington State Boundary Review Board For King County Yesler Building, Room 402,400 Yesler Way, Seattle, WA 98104 Phone:(206)296-6800 • Fax: (206)296-6803 • http://www.metrokc.gov/annexations February 28, 2006 • 0 2006 City of Renton Attn; Don Erickson, AICP Senior Planner 1055 South Grady Way Renton, WA 98055 RE: CLOSING LETTER FOR COMPLETED ACTION - 2221 - City of Renton- Akers Farms Annexation Dear Mr. Erickson: We are writing to advise you that the Boundary Review Board has now completed the required Evaluation, as specified in RCW 36.93, for the above-referenced proposed action filed with the Board effective: November 16, 2005. The Boundary Review Board also provided a 45-day public review period November 16 - 2005 through February 27, 2006, as prescribed by RCW 36.93. The Board received no request for a public hearing of this proposed action during the public review period. The Boundary Review Board, therefore, hereby deems this proposed action approved effective: February 28, 2006. Final approval of the proposed action is also subject to the following actions, where applicable: 1. Sewer and Water District actions and some other actions are also subject to approval by the Metropolitan King County Council. If the Council makes changes to the proposal, the Board may then be required to hold a public hearing. 2. Filing with King County of franchise application(s), as required, accompanied by a copy of this letter. 3. Filing with King County of permit application(s), as required, accompanied by a copy of this letter. 4. Fulfillment of all other statutory requirements and/or procedures specified in your Notice of Intention. Page two continued, February 28, 2006 Form 13 5. Notification in writing of your intended effective date of annexation. This notification should be provided as early as possible. Please send this information to Elissa Benson, Bank of America Tower, King County Office of Management and Budget, 701 Fifth Avenue, Suite 3200, Seattle, Washington 98104, and 6. Filing with King County Council of: (1) one certified copy of final resolution or ordinance accomplishing this proposed action; and (2) a copy of this letter. This document should be filed with the Clerk of the Council (Attn: Anne Noris), King County Courthouse, Room 1025, Seattle, Washington 98104 If you have questions or would like additional information, please contact our office at 206-296- 6800. Sincerely, 444-144-) /6-4-"..141-"`") Lenora Blauman Executive Secretary cc: Anne Noris, Clerk of the Council Dave Wilson, Records and Elections Division Debra Clark, Department of Assessment Lydia Reynolds-Jones, Manager, Project Support Services King County "911" Program Paul Reitenbach, Department of Development & Environmental Services Elissa Benson, Office of Management and Budget *Nir CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON ANNEXING CERTAIN TERRITORY OF THE CITY OF RENTON (AKERS FARMS ANNEXATION; FILE NO. A-05-001) WHEREAS, under the provisions of RCW 35A.14.120 as amended, a petition in writing requesting that certain territory contiguous to the City of Renton, as described below, be annexed to the City of Renton, was presented and filed with the City Clerk on or about February 22, 2005, and WHEREAS, prior to the filing and circulation of said petition for annexation to the City of Renton, the petitioning owners notified the City Council of their intention to commence such proceedings as provided by law, as more particularly specified in RCW 35A.14.120, and upon public hearing thereon, it having been determined and the petitioning owners having agreed to assume their fair share of the pre-existing outstanding indebtedness of the City of Renton as it pertains to the territory petitioned to be annexed; and to accept that portion of the City's Comprehensive Plan as it pertains to the territory including the applicable Zoning Code relating thereto; and WHEREAS, the King County Department of Assessments has examined and verified the signatures on the petition for annexation on, or about, June 7, 2005, and determined signatures represent at least sixty percent (60%) of the area to be annexed's assessed value (excluding streets), as provided by law; and 1 ORDINANCE NO. WHEREAS, the Economic Development, Neighborhoods and Strategic Planning Department of the City of Renton having considered and recommended the annexing of said property to the City of Renton; and WHEREAS, the City Council fixed August 15, 2006, as the time and place for public hearing in the City Council Chambers, City Hall, Renton, Washington, upon the petition and notice thereof having been given as provided by law; and WHEREAS, pursuant to said notices public hearings have been held at the time and place specified in the notices, and the Council having considered all matters in connection with the petition and further determined that all legal requirements and procedures of the law applicable to the petition method for annexation have been met; and WHEREAS, the King County Boundary Review Board having deemed the "Notice of Intention" approved as of February 28, 2006; and , WHEREAS, the City of Renton is concurrently zoning the annexation site R-8, eight units per net acre; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON,DOES ORDAIN AS FOLLOWS: SECTION I. The findings, recitals, and determinations are hereby found to be true and correct in all respects. All requirements of the law in regard to the annexation by petition method, including the provisions of RCW 35A.14.120, 130, 140 and 150, have been met. It is further determined that the petition for annexation to the City of Renton of the property and territory described below is hereby approved and granted; the following described property being contiguous to the City limits of the City of Renton is hereby annexed to the City of 2 44001 ORDINANCE NO. Renton, and such annexation to be effective on and after the approval, passage, and publication of this Ordinance; and on and after said date the property shall constitute a part of the City of Renton and shall be subject to all its laws and ordinances then and thereafter in force and effect; the property being described as follows: See Exhibits "A" attached hereto and made a part hereof as if fully set forth herein. [Said property, approximately 18.8 acres, is generally located immediately south of SE 160th Street and north of SE 164th Street east of 108th Avenue SE and west of 110th Avenue SE, if extended. The 18.8-acre annexation site is bordered by the City of Renton on its western, northern and northeastern boundaries.] and the owners of the property within the annexation shall assume their fair share of the outstanding indebtedness of the City of Renton as prescribed in RCW 35A.14.120 as it pertains to the property, and the property shall be subject to the City's Comprehensive Plan and Zoning Code. Nagy SECTION II. This Ordinance shall be effective upon its passage, approval, and five days after its publication. A certified copy of this Ordinance shall be filed with the King County Council, State of Washington, and as otherwise provided by law. PASSED BY THE CITY COUNCIL this day of , 2006. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2006. 3 ORDINANCE NO. 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A Annexation 2400 Farm- 1 : Akers Structure City OrnitsAnnex.Area r/ro posed Map __ — gam— Proposed 1411rergure 3: ExistingNeighborhoods&Strategic Structureslc Planning Economic Development, •'4!!): T• ?,Pil,einit7005 AKERS FARMS ANNEXATION-EXPANDED LEGAL DESCRIPTION That portion of the north half(1/2) of Section 29, Township 23 North, Range 5 East, W.M., in King County, Washington,lying southerly and southwesterly of the existing City Limits of Renton as annexed by Ordinance No. 3730, lying westerly of the east line of Lot 4, Block 10 of Akers Farms No. 6, as recorded in Volume 42 of Plats, Page 15, records of King County, Washington and the southerly extension of said east line to the southerly right-of-way margin of SE 164th Street, lying easterly of the existing City Limits of Renton as annexed by Ordinance Nos. 1909 and 3108, and lying northerly of said southerly right-of-way margin of SE 164th Street in the northeast quarter of said Section 29; TOGETHER WITH the entire portion of 108th Avenue Southeast lying south of Southeast 164th Street as aligned in the northeast quarter of said Section 29, and north of the easterly extension of the south right-of-way margin of Southeast 164th Street (also known as South 27th Street) as aligned in the northwest quarter of said Section 29, to the easterly right-of-way margin of 108th Avenue Southeast. CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON ESTABLISHING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY ANNEXED WITHIN THE CITY OF RENTON FROM R-6 (URBAN RESIDENTIAL 4 DU PER ACRE, KING COUNTY ZONING) TO R-8 (RESIDENTIAL 8 DU/AC; EIGHT DWELLING UNITS PER ACRE) (AKERS FARMS ANNEXATION, FILE NO. A-05-001). WHEREAS, under Section 4.2.020 of Chapter 2, Land Use Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," as amended, and the maps and reports adopted in conjunction therewith, the property hereinbelow described has not been zoned in the City of Renton; and WHEREAS, said property owners petitioned the City of Renton for annexation and concurrent rezoning, which said annexation having previously been approved and the property annexed to the City of Renton, and the City having held two public hearings to consider this zoning application, the first hearing being held on August 15, 2005, and the second hearing being held on April 24, 2006, and said zoning request being in conformity with the City's Comprehensive Plan, as amended, and the City Council having duly considered all matters relevant thereto, and all parties having been heard appearing in support thereof or in opposition thereto; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The following described property in the City of Renton is hereby zoned to R-8 as hereinbelow specified. The annual ordinance adopting the maps of the City's zoning ordinance is hereby amended to evidence said rezoning and the EDNSP Administrator is '%100, 1 ORDINANCE NO. hereby authorized and directed to change the maps of the zoning ordinance, as amended, to evidence said rezoning, to wit: See Exhibits "A" attached hereto and made a part hereof as if fully set forth herein. [Said property, approximately 18.8 acres, is generally located immediately south of SE 160`h Street and north of SE 164th Street east of 108`h Avenue SE and west of 110`h Avenue SE, if extended. The 17.5-acre non-street portion of the annexation site is bordered by the City of Renton on its western, northern and northeastern boundaries.] SECTION II. This ordinance shall be effective upon its passage, approval, and five days after its publication. PASSED BY THE CITY COUNCIL this day of , 2006. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of ,2006. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. . 2 AKERS FARMS ANNEXATION REZONE N"` LEGAL DESCRIPTION Lots 1 through 4, inclusive, Block 10 of Akers Farms No. 6, as recorded in Volume 42 of Plats, Page 15, records of King County, Washington. All situated in the northeast quarter of Section 29, Township 23 North, Range 5 East, in King County, Washington. / 1.11`/ . ‘ k9 S% gtv). 2, 18th ;t'1 :ffLi ��itott44.4. 6- a110 ♦ ����VI)\\_' 090116s 4INrm rLIIIMIP�rr�►�4!1i � —ffr-: 44#&i"111111 illii►iz OW 11 Ilk, iii am Sr i ''1►s� 1 t �� � • 1 sw____ III vim WIMP 61st St IP # eilik 0- 1e2 w CID 1 rla � :. _ _ i 00 1114 wo •#4 ..,. , ..,,,.,,,.H.,,,,,,.,,,, ,_.. •*• � el J ` ', ''.,„ 4:.4., ` E 10 4th t --= --1-r- --/- �� 11 r S 27th St ���e 110111 Li 7to To• .. .■■■■� mon ..w �� iw 0 M , 'Nana■ �■■■■■ MIM ��11151 1 w vii imm•m d ,. �0 *Ns al��k �� it • o r - i l illi o Nom . /� % 1ii vi0 mg ,_ I. • �el 1IN 1 ■;; ■ ,___ CANN igingill 111% NMI _ 0. ( I I p H ' ”' q �.� �. . �- ' 6 t St ti -1 , , , , 1111 Akers Farms Annexation 0 600 1200 I Zoning Map Economic Development,Neighborhoods&Strategic Planning — --- --- City Limits 1 : 7200 Akx Pietsch,Administrator �\1 G.Del Rosario 1-;,::',. ''.:. 22 September200s R$Zoning CITY OF RENTON COUNCIL AGENDA BILL AI#: Submitting Data: Alex Pietsch For Agenda of: April 10, 2006 Nose Dept/Div/Board.. EDNSP Staff Contact Agenda Status Consent X Subject: Public Hearing.. The Landing Public Infrastructure Funding Agreement Correspondence.. Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Draft Agreement Information Recommended Action: Approvals: Refer to Committee of the Whole Legal Dept Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Per its 2003 Development Agreement with The Boeing Company,the City has committed to providing certain road and utility infrastructure improvements to facilitate development of former Boeing property now under development as The Landing. This agreement with Transwestern Harvest Lakeshore LLC reaffirms the commitment and establishes triggers for construction and coordination of work. STAFF RECOMMENDATION: Approve an agreement with Transwestern Harvest Lakeshore LLC for improvements to public infrastructure for The Landing project, and authorize the Mayor and City Clerk to sign the contract. RentonnetagnbilV bh (SY O ECONOMIC DEVELOPMENT, 'oraw &.. NEIGHBORHOODS, AND STRATEGIC ' PLANNING DEPARTMENT MEMORANDUM DATE: April 3, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: ��Kathy Keolker, Mayor Sex FROM: Alex Pietsch, Administrator 1‘‘. SUBJECT: The Landing Public Infrastructure Funding Agreement ISSUE: An agreement is necessary to reaffirm the City's commitment to roadway and utility infrastructure improvements in and around The Landing, as well as provide assurance that the anticipated tax revenues necessary to fund the improvements will become Igime realized. RECOMMENDATION: The Administration recommends that the City Council approve and authorize the Mayor to sign the Agreement for Improvements to Public Infrastructure for The Landing with THL. BACKGROUND SUMMARY: In its 2003 Development Agreement with The Boeing Company, the City agreed to construct certain roads and utility improvements to facilitate development of surplus property as long as 2/3 of the tax revenue generated from the project would support debt service on bonds to fund the improvements. Transwestern Harvest Lakeshore LLC ("THL") has purchased 46 acres of surplus Boeing property and is proceeding with plans to construct a mixed-use development that will include, at a minimum, 600,000 square feet of retail and 900 multi-family housing units. The City is now prepared to move forward with construction of the envisioned improvements. The roads and underlying utilities planned as a part of this project include: • Logan Avenue North—three vehicle travel lanes from Park Avenue North to North 8th Street; and four vehicle travel lanes from North 8th Street to North 6th Street; h:\ednsp\council\issue papers-agenda bills-ctte reports\2006\landing roads and utility agreement issue paper.doc Randy Corman,Council President Page 2 of 3 April 3,2006 • Park Avenue North—five vehicle travel lanes from Logan Avenue to North 6th Street; • North 8th Street—five vehicle travel lanes from Garden Avenue to Logan Avenue; and • North 10th Street—three vehicle travel lanes and two vehicle parking lanes from Garden Avenue to Logan Avenue, with a roundabout located between Logan Avenue and Park Avenue North. The latest cost estimate for these improvements totals$21.5 million. This includes a 20% contingency on construction costs, as well as $4.4 million in design and construction management costs. In 2005, the State Legislature awarded the City$5 million through its Capital Budget to assist in the construction of the utility portion of the project. This leaves $16.5 million that would need to be financed through revenues from the project. As proposed, development of The Landing is anticipated to generate $3.8 million a year in new revenue to the City. This includes sales,property, utility, and admissions taxes. Revenue available for debt service on bonds ($3.8 million discounted by 1/3) is $2.5 million. Assuming a 20-year bond at 5%, this annual revenue stream could support$30.5 million in debt, nearly twice as much as is required for the road and utility improvements envisioned. The bond amount can also be bought down by$3.1 million of anticipated real estate excise tax and sales tax on construction that will be generated during the course of construction and stabilization. In addition, the project will generate more than $1.2 million in annual revenue that will go directly to the general fund to support city services. The attached agreement provides certainty for both THL and the City with regard to the timing and coordination of these improvements. The Administration anticipates bringing construction bids to the City Council for approval on June 19, 2006. In order to take that action, it is important for the City to have comfort that the envisioned development will, in fact, materialize. As outlined in the agreement, THL is required to present to the City by June 12, 2006 the following key commitments as evidence that they will proceed with the envisioned a project: 1) A complete site plan application; 2) Evidence of sufficient financing to fund construction of the project; 3) An executed purchase and sale agreement with a multi-family housing developer; 4) An executed letter of intent with a discount department store; 5) An executed letter of intent with a multi-screen cinema; 6) An executed letter of intent with a fitness center; and 7) Either an executed letter of intent with another large-format anchor retailer or multiple letters of intent with additional retailers totaling 100,000 square feet or more. If any of these are not provided by the deadline, the City may choose to abandon or delay the road project. If during the course of construction, it appears that the opening date of viad H:\EDNSP\Council\Issue Papers-Agenda Bills-Ctte Reports\2006\Landing Roads and Utility Agreement issue paper.doc Randy Corman,Council President Page 3 of 3 April 3, 2006 the project may be delayed, THL and the City may elect to delay completion of ,, construction. THL and the Administration continue to have discussions about the possibility of public funding of all or a portion of a public parking garage as a part of the development. That possibility is not discussed and no obligations are established as a part of this agreement. If the City chooses to participate in the cost of public parking, a subsequent development agreement will be required. CONCLUSION: The Administration believes the attached agreement provides the City with as much assurances as possible that the envisioned development will occur on the former Boeing property. The Landing will forever transform the City by creating a vibrant, urban village on this former industrial site. In order to meet the City's obligations under the 2003 Development Agreement and construct the necessary roads and utilities on a schedule consistent with the proposed October 2007 opening date, construction must begin this summer. If all of the commitments are presented by June 12, 2006, the City should have comfort that enough revenue will be generated by the project to sufficiently fund the debt service on the construction cost. cc: Jay Covington Gregg Zimmerman Itive Michael Bailey Larry Warren Ben Wolters �Illrr H:\EDNSP\Council\Issue Papers-Agenda Bills-Ctte Reports\2006\Landing Roads and Utility Agreement issue paper.doc AGREEMENT FOR IMPROVEMENTS TO PUBLIC INFRASTRUCTURE FOR NI THE LANDING THIS AGREEMENT FOR IMPROVEMENTS TO PUBLIC INFRASTRUCTURE ("Agreement") is made and entered into as of this day of , 2006, by and between the CITY OF RENTON, a municipal corporation organized and existing under the laws of the State of Washington("the City"), and TRANSWESTERN HARVEST LAKESHORE LLC, a Delaware limited liability company("THL"). RECITALS A. THL is the owner of that certain real property comprising 46 acres, more or less, located within the municipal boundaries of the ity in King County, Washington, and legally described on ExHIBIT A attached hereto e THL Property"). B. THL intends to develop the THL ', operty hase 1 of a mixed-use retail/commercial and multi-family residential -ve sment to be known as "The Landing," as more particularly describ- fter. THL is the successor in interest to The Boeing Company("Boeing") with respec e THL Property. C. The THL Property is a port a ger assemblage of real property that is subject to, and enjoys rights vest-, •er, rtain written agreements, as follows: Noor • Development A a •� : - ""een The Boeing Company and the City of Renton for the ' - -. : - ton Aircraft Manufacturing Facility, dated June 28, 201 reco d i der King County Recording No. 20020: .' 100224 'the 2002 Development Agreement"); • Strander Agreeme 'between The Boeing Company and the City of Renton, dated December 4, 2002, recorded under King County Recording No. ("the Strander Agreement"); and • Development Agreement Between The Boeing Company and the City of Renton for Redevelopment of a Portion of the Boeing Renton Aircraft Manufacturing Facility, dated December 1, 2003, recorded under King County Recording No. 20031210001637 ("the 2003 Development Agreement"). D. In November 2003 the City adopted amendments to its Comprehensive Plan designating the THL Property as Urban Center North. In November 2003 the City also reclassified (rezoned) the THL Property and adjacent property to the Urban Center-North 1 zoning classification("UC-Nl") under the City's adopted development regulations. Pursuant to the State Environmental Policy Act (SEPA), RCW ch. 43.21C, .4100. Infrastructure Improvement Agreement for The Landing page 1 the City issued an environmental impact statement (EIS) in 2003 analyzing the impacts of, and alternatives to, such comprehensive plan amendments, the implementing development regulations, and subsequent project development and buildout pursuant thereto. E. The UC-N1 designation envisions a broad range of redevelopment uses in a dense employment center, including but not limited to retail integrated into pedestrian-oriented shopping districts, theaters, and a range of urban-scale mixed-use residential, office, and commercial uses. THL's proposed uses of the THL Property are consistent with the UC-N1 designation. F. In December 2003 the City also adopted and approved a Conceptual Plan for Subdistrict 1A, which subdistrict includes the THL Property. That Conceptual Plan is Exhibit 5 to the recorded 2003 Development Agreement. In October 2004 the City amended that Conceptual Plan to permit a total of up to 800,000 square feet of retail or other commercial development, as well as office and Iti-family residential development. G. In its Ordinance No. 5107, enacte No er 2004, the City further designated the planned redevelopment of the T P operty s a planned action under the State Environmental Policy Act(SEPA), RC .21C. H. THL intends to develop • 's in suant to and implementing the City's applicable adopted development re: '. , .nd pursuant to and implementing Isame the 2002 Development Agreement, • tr. -r Agreement, and the 2003 Development 41fpAgreement, all of which agreeme :in i 11 force and effect. I. Accordingly,p • Renton Municipal Code(RMC) § 4-9-200, and in accordance with the . •ro , < • eptual Plan for Subdistrict 1 A(as amended), THL has applied to the Ci or appr al of a Master Plan and a Site Plan for the THL Property, to allow developm- •f THL Property as a mixed-use project including a wide range of urban-scale mixes . .es that will include the following: retail, commercial and multi-family housing; and may include office uses. The City has not yet approved the proposed Master Plan or Site Plan for the THL Property. However, the parties wish to provide for the timely installation of certain infrastructure improvements in the vicinity of the THL Property that will be required for future development of the THL Property. J. Pursuant to and in accordance with the 2003 Development Agreement, the City is obligated to construct substantial arterial public street improvements and other public infrastructure improvements in the vicinity of, and through, the THL Property, principally at the City's cost and expense, with contribution by THL of the costs and expenses of designing, engineering, and constructing certain left-turn storage lanes and traffic signalization at designated intersections serving the THL Property, as hereafter provided. K. Although not yet completed, the City has at its expense begun the design of such public infrastructure improvements. The parties now wish to establish a specific Issowe Infrastructure Improvement Agreement for The Landing page 2 schedule for the City's completion of such design, together with a specific schedule for the City's completion of engineering and construction of such infrastructure improvements, to be diligently pursued by the City subject to the condition as set forth herein that THL must provide assurance to the City that THL has obtained sufficient commitments from retailers demonstrating the economically-viable development of The Landing Phase 1. NOW, THEREFORE, in consideration of the mutual agreements of the parties set forth herein, as well as other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby covenant and agree as follows. AGREEMENTS 1. City's Financing and Construction of Public Infrastructure Improvements. Consistent with Section 4 of the 2003 Development Agreement, the City agrees to pay the fees, costs, and expenses of designing, engineering, and constructing certain public infrastructure improveme (excepting a portion of such fees, costs, and expenses,which will be borne by THL ified in Subsection 1.8 below), and thereafter to complete the design and engine d c ct such public infrastructure improvements to applicable City an ds (in uding specified upgrades as agreed to by the parties), for the benefit of Ci e ' ents and to support THL's intended development of The Landing. Such public infr tore improvements are collectively termed"the City's Infrastructure Improv, ,%....._." 1 . The City's Infrastructure Improvements will be constructed in acco 7 i engineering plans and specifications approved by THL, w i .pp al will not be unreasonably withheld. .,,,,d Further, the City's Infrastructure s ro I en will be constructed in accordance with the schedule specified below. 1.1. City's Const do S' et Improvements. After performing any required en .nment review and obtaining any required governmental permits or app . .1 a e City will design, engineer, and construct arterial street improvemen ., as follows, and as more particularly described on EXHIBIT B attached hereto: 1.1.1. Logan Avenue North—three vehicle travel lanes from Park Avenue North to North 8th Street; and four vehicle travel lanes from North 8th Street to North 6th Street; 1.1.2. Park Avenue North—five vehicle travel lanes from Logan Avenue to North 6th Street; 1.1.3. North 8th Street—five vehicle travel lanes from Garden Avenue to Logan Avenue; and 1.1.4. North 10th Street—three vehicle travel lanes and two vehicle parking lanes from Garden Avenue to Logan Avenue, with a NIS Infrastructure Improvement Agreement for The Landing page 3 • roundabout located between Logan Avenue and Park Avenue North. 1.2. City to Select Contractors. Construction of the City's Infrastructure Improvements will be undertaken by licensed contractors selected and retained at the City's sole discretion, and in accordance with applicable laws, regulations, and ordinances governing the bidding, award, and administration of public contracts for City improvements. All contracts for the City's Infrastructure Improvements to which the City is a party will contain provisions imposing substantial monetary penalties or disincentives on the contractor for such contractor's failure to complete construction of the applicable portion of the City's Infrastructure Improvements by the either of(1) the deadline specified in the contract; or (2)the deadlines specified in Exhibit C attached hereto. 1.3. City's Construction of Public Utilities. accordance with Section 4 of the 2003 Development Agreement, th ity will, as part of the City's Infrastructure Improvements, also i ubsurface potable water mains and lines, sanitary sewer mains . ines, stormwater conveyance lines, together with other neces' a .urtenances and facilities, within the public rights-of-way listed ection 1.1 above, and as more particularly described on EXHIBIT 'ereto. Such improvements will be sized to serve at least the stall.. • ,1 g projected development on the THL Property, which devel.7 nt i consistent with the approved Norse Subdistrict lA Con Pl. as amended: 700,000+s.f. of retail, restaurant, and ent: ' . ' s, 900 multi-family residential units; and 57,000 s.£ of offic• e; p us appurtenances. 1.4. Installation ' ran ' e Utilities. In accordance with Subsection 4.10 of the 2003 D- - opme Agreement, the City and THL have signed a letter agreement dat- -, •ary 27, 2006, with various Franchise Utilities. A copy of the letter a a eement is attached as Exhibit D and incorporated herein. THL acknowledges the City will not be responsible for any delays to development of the property caused by the actions or non-actions of the Franchise Utilities, provided the City does agree to use its best efforts and jurisdictional authority over public right-of-ways to cause the utility to timely perform their responsibilities as set forth in the February 27, 2006 letter. 1.4.1. 1.5. Construction Schedule for City's Infrastructure Improvements. The City will adhere to the schedule for construction of the City's Infrastructure Improvements set forth in EXHIBIT C attached hereto and will use its best reasonable efforts to complete the City's Infrastructure Improvements even sooner than specified in that schedule, if reasonably feasible. Infrastructure Improvement Agreement for The Landing page 4 1.6. City to Complete Improvements in Timely Fashion. The parties understand and agree that timely completion of the City's Infrastructure Improvements is necessary in order for THL and its prospective mixed-use property purchasers and tenants to be able to open their retail and commercial businesses in accordance with their projected schedules. Accordingly,the City acknowledges its obligations pursuant to Subsection 4.1.8 of the 2003 Development Agreement to provide mutually acceptable interim access to the THL Property if the City fails to timely complete the City's Infrastructure Improvements before issuance of the first occupancy permit for a building in Phase I of The Landing. In addition, the parties will use their best efforts to complete their respective 2006 development activities on and adjacent to the THL Property by their scheduled completion dates, and to cooperate with one another in their respective development activities on and adjacent to the THL Property in accordance with Section 3 below. 1.7. THL's Payment for THL Street Impro ents. THL will reimburse the City in full for the City's fees, cost enses of designing, engineering, and constructing ce 'n stree rovements to be installed by the City pursuant to Subsec ' 1. above, all as more particularly described on EXHIBIT B hereto. reimbursement will be made in accordance with the following pro res: 1.7.1. Immediately after co -do of the final design and engineering of the City's tru• e Improvements, which will include the •.r THL Stree pr . - -► s, the City's engineers will prepare an "Engineer ate conforming to the industry standard and stamp-• - s onsible engineer and will deliver a copy of that En_' er's a e to THL. The Engineer's Estimate will contain a co ehens. e list of pay items, quantities, prices, contingencies, and esti -- costs to complete, including but not limited to the following: 1.7.1.1. An estimate of the fees, costs, and expenses of the street improvements covered by this Agreement and an estimate of each party's share thereof; 1.7.1.2. A construction schedule for all such improvements, which shall be consistent with the schedule attached hereto as EXHIBIT C; 1.7.1.3. Procedures for THL's payment in equal monthly installments of its percentage share of the estimated fees, costs, and expenses of the street improvements covered by this Agreement, provided, however, that after construction of all such improvements has been completed, the total Infrastructure Improvement Agreement for The Landing page 5 amount then paid by THL will be reconciled against THL's share of the actual fees, costs, and expenses of the street Nome improvements covered by this Agreement, via copies of contractors' invoices or other documentation. Thereafter, the City will promptly refund to THL any amount already paid by THL in excess of THL's actual share, or alternatively, THL will promptly pay the City any shortfall in THL's actual share not already paid. 1.8. Sidewalks. The City will reimburse THL in full for THL's fees, costs and expenses of designing, engineering and constructing certain sidewalk improvements to be installed by THL, all as are particularly described on Exhibit B attached hereto. Such reimbursement will be made in the same manner as the procedure set forth in subsection 1.7.1 2. City's Infrastructure Construction 0 ligations Contingent on THL's Provision of Sufficient Evidence of Progress. I iately upon execution of this Agreement, the City will diligently pursue its corn of the design of the City's Infrastructure Improvements, and will thereafter • igent rsue the engineering and construction of the City's Infrastructure Impro e• s. However, after June 12, 2006, the City's obligations to continue its work on • ign, engineering, and construction of the City's Infrastructure Improvements, and in a •ance with the schedule set forth in EXHIBIT C are conditioned and continge providing notice to the City, on or before June 12, 2006, of evidence that TH► ma.e sufficient progress toward obtaining specified commitments b •ert •urchasers or lessees, or prospective purchasers or lessees, of their p. • pa • •• • e future development of The Landing as an economically-viable mixed-us- - commercial/residential project, as follows. 2.1. For purpose- thi e ment, such evidence of sufficient progress toward obt. ••_ spe• ed commitments will consist of at least all of the following(but • e of the two alternatives listed in Subsection 2.1.6), copies of which m t be provided to the City along with THL's notice to the City described above: 2.1.1. Purchase and Sale Agreement executed by THL as seller and by a purchaser, evidencing THL's agreement to sell such purchaser a portion of the THL Property for subsequent development as a multi-family residential project; 2.1.2. Term sheet executed by a commercial bank or other lending institution of a loan to THL of approximately 75% of loan to value ratio of Phase 1 of The Landing; 2.1.3. Letter of intent, executed by THL as prospective seller and by a prospective purchaser, establishing the primary business terms for a sale by THL to such purchaser of a portion of the THL Property for subsequent development as a discount department store; Niue Infrastructure Improvement Agreement for The Landing page 6 2.1.4. Letter of intent executed by THL as prospective lessor and a cinema theater operator as prospective lessee, establishing the primary business terms for a multiyear lease by THL to such ',o operator of a portion of the THL Property for subsequent development as a multi-screen cinema theater. 2.1.5. Letter of intent executed by THL as prospective lessor and an established multi-location physical fitness retailer as prospective lessee, establishing the primary business terms for a multiyear lease by THL to such retailer of a portion of the THL Property for subsequent development as a physical fitness business; and 2.1.6. Either one of the following: 2.1.6.1. Letter of intent executed by THL as prospective lessor and a large-format anchor retailer as prospective lessee, establishing the prima usiness terms for a multiyear lease by THL to suc ' er of a portion of the THL Property for sequ evelopment as a large-format anc re it stor ; or 2.1.6.2. Two letters o t executed by THL as prospective lessor and ' - as spective lessees, establishing the primary buslr e for multiyear leases by THL to such retaile • - po •ns of the THL Property for subsequent „,NS dev; ,p t o least 100,000 square feet of retail stores. 2.1.7. Submitt. • • 1, 2006 of a site plan for Phase 1 of the THL Prop: 2.2. If THL provi• f ty with such timely notice by June 12, 2006, including the evi a e of sufficient progress specified above, then the City will be deemed to have conclusively determined that THL has obtained sufficient commitments from retailers for the viable development of The Landing Phase 1, and the City's obligations in Section 1 above will thereupon become unconditional and noncontingent. Infrastructure Improvement Agreement for The Landing page 7 2.3. If THL does not provide the City with such timely notice by June 12, 2006, including the evidence of sufficient progress specified Neale above, then the City will thereafter have no further obligation under this Agreement to pursue and complete the design, engineering, and construction of the City's Infrastructure Improvements in accordance with the schedule set forth in EXHIBIT C; provided,however, that the City will nevertheless remain obligated to perform its duties from time to time as established in Section 4 of the 2003 Development Agreement; and provided further that such 2003 Development Agreement and all of the City's duties thereunder will nevertheless remain in full force and effect. 3. Parties' Cooperation in Development Process. THL and the City agree that they will use their best efforts to cooperate with one another to coordinate their respective development activities and other contemporaneous development activities on and in the vicinity of the THL Property, in order to minimize delays, interference, increased costs and expenses, or conflicts between and mong such development activities that might arise unless anticipated and reso d. Without limitation, the parties agree to effectuate the agreement in the preceding e at least as follows: 3.1. Each of the parties agrees to ap nt thorized representatives that will meet with the other party's au I ; . representatives from time to time, and at least weekly while such de = , s ment is occurring on and in the vicinity of the THL Prope a -r eep each party informed of the other party's then-current . V hc.ming development activities, and to Nowresolve potential co in - parties' development activities. 3.2. The parties will . . • - w one another and use their best efforts, together with : - - i _, . •mplete the processing and obtain City approval of an amend- , I in. : si - plan that will further subdivide certain of the lots establi a in the oeing Lakeshore Landing Binding Site Plan, King County Recore 20041223000856 ("the Boeing Binding Site Plan"), subject to t requirement that THL must first obtain Master Plan approval from the City pursuant to RMC § 4-9-200. 3.3. The parties will further cooperate with one another and with FF Realty LLC, the prospective purchaser of Lot 2A of the Boeing Binding Site Plan, consisting of approximately 7.82 acres, as such Lot 2A may be further subdivided in the amended binding site plan referred to in Subsection 3.2 above("the FF Property"). The parties understand that if THL obtains Master Plan and Site Plan approval for The Landing Phase 1 from the City, then FF Realty intends to develop approximately 900 multifamily units on the FF Property contemporaneously with the parties' development activities described above. The parties will keep FF Realty informed of the parties' then-current and forthcoming development activities, and will use their best efforts to resolve potential conflicts Infrastructure Improvement Agreement for The Landing page 8 between FF Realty's development activities and the parties' development activities. 3.4. The parties will further cooperate with one another and with any prospective purchaser of the westerly portion of Lot 3A of the Boeing Binding Site Plan, consisting of approximately 5.25 acres, as such Lot 3 may be adjusted in the amended binding site plan referred to in Subsection 4.2 above("the Lot 3 Property"). The parties understand that if THL obtains Master Plan and Site Plan approval for The Landing Phase 1 from the City, then THL intends to sell the Lot 3 Property to a purchaser for development of a discount department store contemporaneously with the parties' development activities described above. If THL enters into a purchase and sale agreement with such a purchaser for its purchase of the Lot 3 Property and so notifies the City, then the parties will keep such purchaser informed of the parties' then-current and forthcoming develop t activities, and will use their best efforts to resolve potential confli between such purchaser's development activities and the part' elopment activities. 4. Dispute Resolution Procedur: F her Remedies. The City and THL will each act in good faith and deal fairly in .. • .: ng their respective obligations under this Agreement in order to accomplish their mu 'bjectives and avoid disputes. If a dispute arises with respect to a party's ri - • '; ions under this Agreement, then the parties agree to utilize the dispute reso process contained herein, which will be non-binding but will be a conditionAii; -.e o having said dispute decided in court by a judge or jury. 4.1. Parties'Good - ation to Resolve Disputes. If a dispute arises between the ' ty an. ' with respect to any provision of this Agreement, -n the ies will proceed in good faith to resolve such dispute as expe. s y as possible and will cooperate, so that the progress of the des a , engineering, and construction of the City's Infrastructure Improvements and the THL Street Improvements are not delayed. Such cooperation will include notice to the other party describing the dispute, affording the other party a reasonable opportunity to cure any alleged default or cause of the dispute, and thereafter meeting in order to attempt to resolve the dispute. If, however, the parties are unable to resolve the dispute within three(3)business days after the first meeting between them to resolve it, then either party may refer the dispute to the Mediator as provided below. 4.2. Use of Mediator. For any dispute which cannot be resolved by the parties, the mediator hereunder("Mediator") must be an experienced mediator familiar with street design, engineering, and construction projects who is mutually designated by the City and THL to resolve such dispute. The Mediator must act impartially and independently in considering the facts Infrastructure Improvement Agreement for The Landing page 9 and conditions surrounding any dispute presented by the City and THL; provided, however, that the Mediator's recommendations concerning any Norw such dispute are advisory only. The Mediator's recommendations must be based on the pertinent provisions of this Agreement and the facts and circumstances involved in the dispute. The Mediator's recommendations must be furnished in writing to the parties. 4.3. City's Duty to Furnish Documents to Mediator. The City must furnish the Mediator with one copy of all applicable plans,preliminary and final designs, engineering plans and specifications, contract documents, interpretative reports, progress schedule and updates, monthly progress reports, and any other documents pertinent to the performance of this Agreement and necessary to the performance of the Mediator's duties hereunder 4.4. THL's Duty to Furnish Documents to M diator. THL must furnish the Mediator with one copy of all docum s it might have, other than those furnished by the City, that are perti the performance of the Mediator's duties hereunder. 4.5. Mediator's Fees to Be Paid E. l e fees charged by the Mediator will be split equally between the •arties, and each party will promptly pay its share to the Media , - - ator's compensation will include compensation for all mater •p e es, travel, office assistance and support, and inciden •ece• i to provide the services described herein. Payment f. e re dered by the Mediator will be at the Mediator's standa a . . y r. = as approved by the City and THL prior to commenceme - , .ute resolution proceeding. 4.6. Mediator i n Emp 'yee. The Mediator, in the performance of any duties describv. -p will act in the capacity of an independent agent and not as an emp ee of either the City or THL. The parties agree to absolve the Mediator from, and not to bring any claim or cause of action against the Mediator for, any personal or professional liability to the parties arising from the Mediator's recommendations made hereunder, unless due to the Mediator's gross negligence or willful malfeasance. 4.7. Remedies After Mediation. After the Mediator has issued a written decision on any dispute referred by the parties to the Mediator, an aggrieved party may enforce its rights under this Agreement by bringing an action in court for damages, specific performance, declaratory judgment, injunctive relief, or any other remedy available at law or in equity. "fir► Infrastructure Improvement Agreement for The Landing page 10 4.8. Venue and Attorneys'Fees. Venue for any such court action will lie exclusively in King County Superior Court, King County, Washington. In any such action, the substantially prevailing party will be entitled to recover its reasonable costs and attorneys' fees, including fees and expenses incurred in the appeal of any order or judgment of a lower court. 5. Miscellaneous Provisions. 5.1. Time of the Essence. Time is of the essence of this Agreement and of every provision hereof. 5.2. Entire Agreement. This Agreement is in addition to and in furtherance of the 2003 Development Agreement and contains the entire agreement between the parties with respect to the subject matter hereof. There are no other agreements, oral or written, except as expressly set forth herein. 5.3. Agreement Binding on Successors; Co ants Running with the Land. Except for the terms and conditions ' -ction 2 of this Agreement, which shall be nondelegable and bindin_ • ly u r : THL, the terms and conditions of this Agreement w. le .inding •pon the parties and their successors and assigns. Exce. $r - terms and conditions of Section 2 of this Agreement, the terms an a • ditions of this Agreement are intended to be and will co . - • co ants running with the THL Property, for the benefit an. ".- ereof, and for the benefit and burden of the City and its ri .f v• 5.4. Amendment. An .r modification of this Agreement will be in writing and e. - u . .y both parties. 5.5. Authority. le perso executing this Agreement on behalf of a party represent an• at they have the authority of such party to enter into this Agreem- •n the terms and conditions herein stated. 5.6. Exhibits Incorporated. The exhibits attached to this Agreement are incorporated herein by this reference as if fully set forth. 5.7. Recording. This Agreement will not be filed for recording by either party. 5.8. Severability. If any section or subsection of this Agreement is adjudged to be invalid or unenforceable by a court of competent jurisdiction, the remaining sections and subsections hereof will be unaffected and will continue in full force and effect. 5.9. Interpretation. All parties were represented by counsel throughout the drafting and execution of this Agreement. The provisions of this Agreement will not be construed for or against any party. Infrastructure Improvement Agreement for The Landing page 11 5.10. Headings. The headings of the various sections and subsections of this Agreement are inserted for convenience only and will not be deemed to expand, limit, or otherwise affect its terms and conditions. 5.11. Governing Law. This Agreement will be construed under the laws of the State of Washington. 5.12. No Continuing Waiver of Default. The waiver of any default under any provision of this Agreement does not constitute a waiver of any other default, whether of the same or of any other provision. 5.13. Notices. Any notice, demand, or request to a party required or permitted under this Agreement must be in writing, sent postage prepaid via U. S. mail, or hand-delivered, to the other party at the address set forth below (or at such other address and to such other recipient as will be designated by a party in a notice to the other parties . All such notices will, if mailed, be effective three(3)business days a` deposit in an officially-designated U. S. mail rec- - or, if hand-delivered, upon receipt. Notices will be given as ows: 5.13.1. If to the City: Jay B. Covington, • d 'strative Officer City of Renton Noise Renton City 1055 South rad Wa Renton, • with . op • Lawre . en, Renton City Attorney Office of City Attorney P.O. Box 626 Renton, WA 98057 5.13.2. If to THL: Transwestern Harvest Lakeshore, LLC c/o Harvest Partners Attn: Tod Ruble 8214 Westchester Drive, Suite 650 Dallas, TX 75225 and Transwestern Harvest Lakeshore, LLC c/o Transwestern Investment Co., LLC vikaw Infrastructure Improvement Agreement for The Landing page 12 Attn: Dirk Degenaars, Managing Director 150 North Wacker Drive, Suite 800 Chicago, IL 60606 with a copy to: Richard R. Wilson and Jerome L. Hillis Hillis Clark Martin& Peterson, P.S. 500 Galland Building 1221 Second Avenue Seattle, WA 98101-2925 5.14. Delays for Force Majeure. If either party is delayed in the performance of its obligations under this Agreement due to Force Majeure, then performance of those obligations will be excused for the period of delay. As used herein, "Force Majeure"means extraordinary natural elements or conditions in the Puget Sound region ashington, war, riots, labor disputes, or other causes beyond th able control of the obligated party. 5.15. Indemnification. Each party d nd, indemnify, and hold the other party, and its officers,officials, ployees, from and against any and all claims, damages, loss- . i uding attorneys' fees, arising out of or resulting from such p.h V 'e `•rmance under this Agreement, except for damages . rie aused by or resulting from the sole ,,,, ii negligence of the s - s . 41) Infrastructure Improvement Agreement for The Landing page 13 IN WITNESS WHEREOF, the parties have executed this Agreement as of the Nosy day and year first above written. CITY OF RENTON by Kathy Keolker, Mayor Attest: City Clerk Approved as to Form: Lawrence J. Warren, City Attorney T ESTERN HARVEST LAKESHORE LLC <Zia.° CS40)by by by Infrastructure Improvement Agreement for The Landing page 14 EXHIBIT A LEGAL DESCRIPTION OF THL PROPERTY (RECITAL A) (46 ac.) )C4 a I Wiffi I SI I I I I I I 114 1 I I 1 Infrastructure Improvement Agreement for The Landing page 15 EXHIBIT B `"olio, DESCRIPTION OF INFRASTRUCTURE IMPROVEMENTS FOR THL PROPERTY (SUBSECTION 1.2) • CITY'S PUBLIC STREET IMPROVEMENTS (SUBSECTION 1.2) • CITY'S PUBLIC UTILITY IMPROVEMENTS (SUBSECTION 1.4) • THL's STREET IMPROVEMENTS (SUBSECTION 1 Nome 4:;S:/ / fliMfl I rSIIP I I I I lir4 Infrastructure Improvement Agreement for The Landing page 16 EXHIBIT C CITY'S SCHEDULE FOR CONSTRUCTION OF STREET IMPROVEMENTS FOR THL PROPERTY (SUBSECTION 1.6) • INCLUDING STREET OPENING DATE (SECTION 3) • INCLUDING PROJECTED OPENING DATE OF FIRST BUSINESS IN THE LANDING PHASE 1 (SUBSECTION 3.1) 10(141"Alri S?1111 I I I ir(<441114b Infrastructure Improvement Agreement for The Landing page 17 II CITY OF RENTON COUNCIL AGENDA BILL • AI#: Submitting Data: Transportation Systems For Agenda of: Dept/Div/Board.. _ Planning/Building/Public Works April 10, 2006 Staff Contact - Jason Fritzl'er, x 7243 Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Rainier Avenue South- S/SW 7th Street to S 4th Place Ordinance Design Contract with DMJM Harris Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Design Contract Information 2006-2011 TIP#11 Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept Fiscal Impact: Account 317.012308 Expenditure Required... $ 757,248 Transfer/Amendment Amount Budgeted $ 871,000(2006) Revenue Generated $ 275,400 Total Project Budget $ 6,859,454 City Share Total Project.. SUMMARY OF ACTION: This project will make necessary mobility improvements and replace the Burlington Northern Santa Fe (BNSF)Railroad Bridge with a bridge that will allow the City to proceed with its vision to improve the Rainier Corridor to a safer,more aesthetically pleasing and pedestrian-friendly City corridor from S/SW 7th Street to S 4th Place. The Transportation Division has completed the Value Engineering Study and the Design Report containing the 30%design plans. The City is now prepared to continue with the remainder of the design contract with DMJM Harris that will take us through the plans, specifications and estimate(PS&E)phase for both the railroad bridge and the Rainier Avenue roadway. The reason that the bridge and the roadway are referred to separately is because we are planning to construct the bridges over Rainier Avenue and Hardie Avenue under the same construction contract and follow up with the roadway construction for each of the corridors once the bridges are complete. The intent here is to save money on the bridge and track work associated with each of these structures. As shown in the attached Scope of Work, the major services will include the additional survey of the corridor,continued geotechnical investigation, stormwater/pump station design,right-of-way, environmental documentation, and plans, specifications, and estimates. There is currently$6,859,454 programmed in the 2006-2011 TIP for this project(TIP#11), which includes a$2,202,000 Transportation Improvement Board grant. Our 2006 budget allowance is $871,000, of which there is$738,304 remaining this year. The design contract with DMJM Harris is $757,248 and includes a$50,000 reserve fund. It is understood that the design contract will not be Rainier Avenue South—S/SW 7h to S 4th Place DMJM Harris Design Contract Agenda Bill ' April 10,2006 Page 2 of 2 completed in 2006 and will carry over into the 2007 budget. These issues will be addressed now and reflected in the 2007-2011 TIP budget process. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute design contract with DMJM Harris for the Rainier Avenue South—S/SW 7th Street to S 4th Place Project(TIP#11). kissol C:\Documents and Settings\mpet rsen\ ocal Settings\Temp\DMIM Harris Full Design Contract Agenda Bill.doc ti`SY 0 PLANNING/BUILDING/ ' ; �, 4 + PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: April 10, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: Kathy Keolker, Mayr, FROM: Gregg ZimmermarNA(fministrator STAFF CONTACT: Jason Fritzler, Transportation Design Project Manager(x7243) SUBJECT: Rainier Avenue South — S/SW 7th Street to S 4th Place Design Contract with DMJM Harris ISSUE: Should Council authorize the Mayor and City Clerk to execute the design contract with DMJM Harris for the Rainier Avenue South—S/SW 7th Street to S 4th Place Project (TIP #11)? *err' RECOMMENDATION: Authorize the Mayor and City Clerk to execute the design contract with DMJM Harris for the Rainier Avenue South— S/SW 7th Street to S 4th Place Project (TIP #11). BACKGROUND: This project will make necessary mobility improvements and replace the Burlington Northern Santa Fe (BNSF) Railroad Bridge with a bridge that will allow the City to proceed with their vision to improve the Rainier Corridor to a safer more aesthetically pleasing and pedestrian friendly City corridor. The Rainier Avenue Corridor Study being done in the Transportation Planning and Programming group to determine the future for this corridor assumes this project would be completed. Traffic data has shown a high level of traffic congestion and accidents between S/SW 7th Street and S 4th Place. To improve these bottlenecks and increase safety throughout the corridor, the Transportation Division will make significant roadway improvements on this section of Rainier Avenue. These improvements will include the following: adding a third northbound through-lane; adding a left-turn lane to S 4th Place; removing the existing BNSF Railroad Bridge support pier; replacing the existing BNSF Bridge with an Randy Corman,Council President Members of the Renton City Council April 10,2006 Page 2 of 2 updated structure; lowering Rainier Avenue in the vicinity of the BNSF Bridge to provide the standard roadway clearance; and widening sidewalks to 10 feet with a 5-foot pedestrian buffer and streetscape. In 2005,the design team completed 30% design and prepared a design report that summarized the team's findings and addressed the issues brought up in the Value Engineering Study. One of the most important issues addressed at this phase was the coordination of design and construction with the Hardie Avenue Project(TIP#8)and the Rainer Avenue Project from S 4th P1 to S 2nd(TIP #7). Since the Hardie Avenue and Rainier Avenue projects both involve replacement of the railroad bridges along the same rail line, the design team decided that the replacement of these bridges should occur at the same time to save on construction costs. Both the Transportation Improvement Board (TIB)and Sound Transit are aware of this plan and agree that this is a reasonable construction sequence. The entire design and construction sequence is as follows: 1) Design of the Hardie Avenue, Rainier Avenue S/SW 7th to S 4th Pl, and Rainier Avenue S 4th P1 to S 2nd projects in 2006 and 2007; 2) Construct the railroad bridges over Rainier and Hardie under one contract in 2007; 3) Construct the Hardie Avenue roadway in 2008; and, 4) Construct the Rainier Avenue roadway in 2009. The attached schedule gives a good overview of the design and construction sequence. Attachment: Figure 10-1, Proposed Project Schedule cc: Peter Hahn,Deputy Planning/Building/Public Works Administrator—Transportation Rich Perteet,Interim Transportation Design,Planning and Programming Supervisor Jason Fritzler,Transportation Design Project Manager Connie Brundage,Transportation Administrative Secretary H:1Division.s\TRANSPOR.TAT\ADMTN\Agenda 2006\DMJM Harris Full Design Issue Paper.doc.doc ( I City of Renton 'Building/Public Works 30%Design Report1r Rainier Avenue/ aprovementa it aod.$y Rhp• tag SAAr Rini hantria DMedMien FWnni Me SisnMeg. Aaney Mfd8N J P M A M JJ A S O N D J F M A M A a O N D J F M A M JJ JEWE J A S O N D J F M A M ./ JJ A.; O.N D J F M A M Jloos 1J A s O N O Rainier Ave&Hardie Ave RR Bridges Final Design(*Ranier RR Bridge DRUM 163 SWARM. 28SEP06 TIB 5200600 IIIIINIIMINNIMMIll Final Design Of Reiner RR Wide* Te$200.000 NOTES: PEED Hardie RR Bridge KPG 88 01MAR08 31MAY08 ST 575000 r 1PEED Hardie RR Bridge 1. All construction costs have a eT$75,050 20%contMgency, PSIS Hardie OR Bridge KPO 87 01J1/3226 293EP08 ST 515000 e P88E Hada RR Bridge2. The dollar amounts are preliminary ST 5160000 and should be considered F Ad.Bd.8Awad RR Bridges 85 020CT06 2E0E008 F place holders. A0,aa,8 Award RR Bridges Corwin.Reeser RR Bridge 281 01JAN07 3151E607 TIB 51800600 1 I, Comair RSINN RR adage TIB 5/800000 Construct Helve RR Bridge 281 01JAN07 310E6.07 ST 83.600.000 f Co eMYet Needle RR Bridge AT 53600,000 I Hardie Ave PEED Hardie Ave KPG 176 01MAR06' 3106103 ST 1600000 PEED Noddle Ave ST 3606,000 PS1E Had,.Ave KPG 218 01NOV08 31A0007 ST $806,000 [ PIKE Penile Ave ST 1800,000 ROW Hartle Ave KPG 218 01NOV08 3160007 ST $2,600000 [ ROW Herder Ave ST 52,600600 1 Ad,Bid,&Awe Hader Ave 64 03SEP07 29NOV07 [ °lfliMaM Ad,ad,a AwM Hells Ave Garnered N01se Ave 326 030E0A'7 27FEB0g ST 16.000,000 liaranrafaiairMW/NifiallrairiarST 36.006,000 Ceae6uat Wed*AveI Rainier Ave PEED Rena Ave KPG 176 01MAR06' 310CT08 ST 1500,000 PEED Rinner Aw ST$600000 Final D.epn Reimer Ave DMJM 363 01MAR06 31A0007 113 5125600 [ TIB$126600 FBMI DeeIgn RNnNr Ave POSE Renin Are WO 218 01140608 31A0007 ST $100,000 [ nu RaMer Are 1 ST 5100000 60W Reimer A.ITIS) 0U616 218 038EP07 30JUN06 118 51100,000 [ ISINIMINIESMOSIMMIMIS ROW Reser Ave Ra) T)B 5500600 I ROW Reeea Ave 1ST) KPG 218 OSSEP07 30 US08 ST $1,600000 ,ROW Rainier Ave ST 51,000,000 USD II Ad,810,8 Awe Rainer Are 66 0166.196 29SEP08 [ murisek Ad,Ba,a Award Rea..Ave Construct Mew Ave(TIB) 303 02F6000 31MAR10 Tie $,100,060 [ I�p Conleeuct Rainier Ave(TM) TIB 52,100,000 I Cominci Reiner Ave(8T) 303 02FEBO8 31MAR10 ST 13606,000 [ CasevataiNer Aro Inn ST 33.600000 I awn 0.,..Dole , 8lrnse 80 gel0.0 MAIMRAINIER AVENUE&HARDIE AVENUE IMPROVEMENTS pee Revision Checked APPoved 20JAN06 Initial P1116.1 e., MAW.10-.36 DMJM Harris-KPG Io Pdlmven Syste c,Inc M� Figure 10-1 IProposed Project Schedule IDMJM Harris 36 February 7,2006 Consultant/Address/Telephone Local Agency Standard Consultant DMJM Harris Agreement 10900 NE 8th,Suite 750 **1100 g Bellevue,WA 98004 Agreement Number Federal Aid Number Project Title And Work Description Rainier Ave./BNSF Improvements Final Design Agreement Type(Choose one) ❑Lump Sum Lump Sum Amount $ ®Cost Plus Fixed Fee Overhead Progress Payment Rate 136 % DBE Participation Overhead Cost Method ®Yes 0 No 4 ❑Actual Cost WBE Participation IDActual Cost Not To Exceed % ®Yes ❑No 23 Federal ID Number or Social Security Number ® Fixed Rate 136 % 113-5511947 Fixed Fee $ 44,528.00 Do you require a 1099 for IRS? Completion Date ❑Yes ®No December 31, 2008 ❑Specific Rates Of Pay ❑Negotiated Hourly Rate Total Amount Authorized $ 707,248.00 ❑Provisional Hourly Rate Management Reserve Fund $ 50,000.00 ❑Cost Per Unit of Work Maximum Amount Payable $ 757,248.00 THIS AGREEMENT, made and entered into this day of between the Local Agency of , Washington, hereinafter called the "AGENCY" , and the above organization hereinafter called the"CONSULTANT". WITNESSETH THAT: WHEREAS,the AGENCY desires to accomplish the above referenced project, and WHEREAS,the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof,the parties hereto agree as follows: DOT Form 140-089 EF Page 1 of 8 Revised 12/99 All reports, PS&E materials,and other data,furnished GENERAL DESCRIPTION OF WORK to the CONSULTANT by the AGENCY shall be returned.All designs,drawings,specifications, The work under this AGREEMENT shall consist of documents,and other work products prepared by the "441100 the above described work and services as herein CONSULTANT prior to completion or termination of defined and necessary to accomplish the completed this AGREEMENT are instruments of service for this work for this PROJECT. The CONSULTANT shall PROJECT and are property of the AGENCY. Reuse furnish all services,labor and related equipment by the AGENCY or by others acting through or on necessary to conduct and complete the work as behalf of the AGENCY of any such instruments of designated elsewhere in this AGREEMENT. service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the II CONSULTANT. SCOPE OF WORK IV The Scope of Work and project level of effort for this TIME FOR BEGINNING AND COMPLETION project is detailed in Exhibit"B"attached hereto,and by this reference made a part of this AGREEMENT. The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in III writing by the AGENCY.All work under this GENERAL REQUIREMENTS AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under All aspects of coordination of the work of this completion date. AGREEMENT,with outside agencies,groups or individuals shall receive advance approval by the The established completion time shall not be extended AGENCY. Necessary contacts and meetings with because of any delays attributable to the CONSULT- agencies,groups or individuals shall be coordinated ANT,but may be extended by the AGENCY,in the through the AGENCY. event of a delay attributable to the AGENCY,or because of unavoidable delays caused by an act of The CONSULTANT shall attend coordination, GOD or governmental actions or other conditions progress and presentation meetings with the beyond the control of the CONSULTANT.A prior AGENCY or such Federal,Community,State,City supplemental agreement issued by the AGENCY is or County officials,groups or individuals as may be required to extend the established completion time. requested by the AGENCY.The AGENCY will provide the CONSULTANT sufficient notice prior V to meetings requiring CONSULTANT participation. PAYMENT The minimum number of hours or days notice— The CONSULTANT shall be paid by the AGENCY required shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit"B" for completed work and services rendered under this AGREEMENT as provided in Exhibit"C"attached attached hereto and made part of this AGREEMENT. hereto,and by this reference made part of this The CONSULTANT shall prepare a monthly AGREEMENT.Such payment shall be full compen- progress report, in a form approved by the AGENCY, that will outline in written and graphical form the sation for work performed or services rendered and various phases and the order of performance of the for all labor,materials,supplies,equipment,and work in sufficient detail so that the progress of the incidentals necessary to complete the work work can easily be evaluated.Goals for specified in Section If,"Scope of Work". The taged Business Enterprises(DBE)and Women Disadvan- CONSULTANT shall conform with all applicable Nikose Owned Business Enterprises(WBE)if required shall portions of 48 CFR 31. be shown in the heading of this AGREEMENT. Page 2 of 8 VI employees of the CONSULTANT only and not of the SUBCONTRACTING AGENCY,and any and all claims that may or might arise under any Workmen's compensation Act on The AGENCY permits subcontracts for those items behalf of said employees or other persons while so of work as shown in Exhibit G to this Agreement. engaged,and any and all claims made by a third party Ns Compensation for this subconsultant work shall be as a consequence of any act or omission on the part of based on the cost factors shown on Exhibit G,at- the CONSULTANT's employees or other persons tached hereto and by this reference made a part of this while so engaged on any of the work or services AGREEMENT. provided to be rendered herein,shall be the sole The work of the subconsultant shall not exceed its obligation and responsibility of the CONSULTANT. maximum amount payable unless a prior written The CONSULTANT shall not engage,on a full or approval has been issued by the AGENCY. part time basis,or other basis,during the period of the All reimbursable direct labor,overhead,direct non- contract,any professional or technical personnel who salary costs and fixed fee costs for the subconsultant are,or have been,at any time during the period of the shall be substantiated in the same manner as outlined contract,in the employ of the United States Depart- in Section V.All subcontracts exceeding$10,000 in ment of Transportation,the STATE,or the cost shall contain all applicable provisions of this AGENCY,except regularly retired employees, AGREEMENT. without written consent of the public employer of The CONSULTANT shall not subcontract for the such person. performance of any work under this AGREEMENT VIII without prior written permission of the AGENCY. No NONDISCRIMINATION permission for subcontracting shall create,between the AGENCY and subcontractor,any contract or any The CONSULTANT agrees not to discriminate other relationship. against any client,employee or applicant for employ- ment or for services because of race,creed,color, VII national origin,marital status,sex,age or handicap EMPLOYMENT except for a bona fide occupational qualification with regard to,but not limited to the following:employ- The CONSULTANT warrants that he/she has not ment upgrading,demotion or transfer,recruitment or employed or retained any company or person,other any recruitment advertising,a layoff or terminations, than a bona fide employee working solely for the rates of pay or other forms of compensation,selection CONSULTANT,to solicit or secure this contract,and for training,rendition of services.The CONSULT- that it has not paid or agreed to pay any company or ANT understands and agrees that if it violates this person,other than a bona fide employee working provision,this AGREEMENT may be terminated by solely for the CONSULTANT,any fee,commission, the AGENCY and further that the CONSULTANT percentage, brokerage fee,gift,or any other consider- shall be barred from performing any services for the ation,contingent upon or resulting from the award or AGENCY now or in the future unless a showing is making of this contract. For breach or violation of this made satisfactory to the AGENCY that discrimina- warrant,the AGENCY shall have the right to annul tory practices have terminated and that recurrence of this AGREEMENT without liability,or in its discre- such action is unlikely. tion,to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of During the performance of this AGREEMENT,the such fee,commission,percentage,brokerage fee,gift, CONSULTANT,for itself,its assignees and or contingent fee. successors in interest agrees as follows: Any and all employees of the CONSULTANT or A. COMPLIANCE WITH REGULATIONS:The other persons while engaged in the performance of CONSULTANT shall comply with the Regula- any work or services required of the CONSULTANT tions relative to nondiscrimination in the same under this AGREEMENT,shall be considered manner as in Federal-assisted programs of the Page 3 of 8 Department of Transportation,Title 49,Code of sive possession of another who fails or refuses to Federal Regulations, Part 21,as they may be furnish this information the CONSULTANT shall amended from time to time,(hereinafter referred so certify to the AGENCY,or the United States to as the Regulations),which are herein incorpo- Department of Transportation as appropriate,and rated by reference and made a part of this shall set forth what efforts it has made to obtain AGREEMENT. The consultant shall comply the information. with the American Disabilities Act of 1992,as E. SANCTIONS FOR NONCOMPLIANCE: In the amended. event of the CONSULTANT's noncompliance B. NONDISCRIMINATION: The CONSULTANT, with the nondiscrimination provisions of this with regard to the work performed by it during the AGREEMENT,the AGENCY shall impose AGREEMENT,shall not discriminate on the such sanctions as it or the Federal Highway grounds of race,creed,color,sex,age,marital Administration may determine to be appropriate, status,national origin or handicap except for a including,but not limited to: bona fide occupational qualification in the selec- 1. Withholding of payments to the CONSULT- tion and retention of subconsultants,including procurements of materials and leases of equip- CONSULTANT complies,and/or ANT under the AGREEMENT until the ment.The CONSULTANT shall not participate either directly or indirectly in the discrimination 2. Cancellation,termination or suspension of the prohibited by Section 21.5 of the Regulations, AGREEMENT, in whole or in part. including employment practices when the contract covers a program set forth in Appendix II of the F. INCORPORATION OF PROVISIONS:The Regulations. CONSULTANT shall include the provisions of paragraphs(A)through(G)in every subcontract, C. SOLICITATIONS FOR SUBCONSULTANTS, including procurements of materials and leases of INCLUDING PROCUREMENTS OF MATERI- equipment,unless exempt by the Regulations or ALS AND EQUIPMENT: In all solicitations directives issued pursuant thereto.The CON- either by competitive bidding or negotiation made SULTANT shall take such action with respect to by the CONSULTANT for work to be performed any subconsultant or procurement as the under a subcontract, including procurements of AGENCY or the Federal Highway Administra- materials or leases of equipment,each potential tion may direct as a means of enforcing such subconsultant or supplier shall be notified by the provisions including sanctions for noncompli- CONSULTANT of the CONSULTANT's ance;provided,however,that,in the event a obligations under this AGREEMENT and the CONSULTANT becomes involved in,or is Regulations relative to nondiscrimination on the threatened with,litigation with a subconsultant or grounds of race,creed,color,sex,age,marital supplier as a result of such direction,the CON- status, national origin and handicap. ULTANT may request the AGENCY to enter D. INFORMATION AND REPORTS:The into such litigation to protect the interests of the CONSULTANT shall provide all information AGENCY,and in addition,the CONSULTANT may request the United States to enter into such and reports required by the Regulations,or litigation to protect the interests of the United directives issued pursuant thereto,and shall permit access to its books,records,accounts, States. other sources of information,and its facilities as G. UNFAIR EMPLOYMENT PRACTICES:The may be determined by the AGENCY to be CONSULTANT shall comply with RCW pertinent to ascertain compliance with such 49.60.180. „r Regulations or directives.Where any information required of the CONSULTANT is in the exclu- Page 4 of 8 IX In the event of the death of any member, partner or TERMINATION OF AGREEMENT officer of the CONSULTANT or any of its supervi- The right is reserved by the AGENCY to terminate sory personnel assigned to the project,or,dissolution this AGREEMENT at any time upon ten days written of the partnership,termination of the corporation,orNied notice to the CONSULTANT. disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby In the event this AGREEMENT is terminated by the agree to complete the work under the terms of this AGENCY other than for default on the part of the AGREEMENT,if requested to do so by the CONSULTANT,a final payment shall be made to the AGENCY.The subsection shall not be a bar to CONSULTANT as shown in Exhibit F for the type of renegotiation of the AGREEMENT between the AGREEMENT used. surviving members of the CONSULTANT and the AGENCY,if the AGENCY so chooses. No payment shall be made for any work completed after ten days following receipt by the CONSULT- In the event of the death of any of the parties listed in ANT of the Notice to terminate. If the accumulated the previous paragraph,should the surviving members payment made to the CONSULTANT prior to Notice of the CONSULTANT,with the AGENCY's concur- of Termination exceeds the total amount that would rence,desire to terminate this AGREEMENT, be due computed as set forth herein above,then no payment shall be made as set forth in the second final payment shall be due and the CONSULTANT paragraph of this section. shall immediately reimburse the AGENCY for any excess paid. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any If the services of the CONSULTANT are terminated remedies of any type it may have against the CON- by the AGENCY for default on the part of the CON- SULTANT for any breach of this AGREEMENT by SULTANT,the above formula for payment shall not the CONSULTANT,or for failure of the CONSULT- NIS apply. In such an event,the amount to be paid shall be ANT to perform work required of it by the determined by the AGENCY with consideration AGENCY. Forbearance of any rights under the given to the actual costs incurred by the CONSULT- AGREEMENT will not constitute waiver of entitle- ANT in performing the work to the date of ment to exercise those rights with respect to any termination,the amount of work originally required future act or omission by the CONSULTANT. which was satisfactorily completed to date of termina- tion,whether that work is in a form or a type which is X CHANGES OF WORK usable to the AGENCY at the time of termination; the cost to the AGENCY of employing another firm The CONSULTANT shall make such changes and to complete the work required and the time which revisions in the complete work of this AGREEMENT maybe required to do so,and other factors which as necessary to correct errors appearing therein,when affect the value to the AGENCY of the work per- required to do so by the AGENCY,without additional formed at the time of termination. Under no compensation thereof.Should the AGENCY find it circumstances shall payment made under this subsec- desirable for its own purposes to have previously tion exceed the amount which would have been made satisfactorily completed work or parts thereof using the formula set forth in the previous paragraph. changed or revised,the CONSULTANT shall make If it is determined for any reason that the CONSULT- such revisions as directed by the AGENCY.This ANT was not in default or that the CONSULTANT's work shall be considered as Extra Work and will be failure to perform is without it or it's employee's fault paid for as herein provided under Section XIV. or negligence,the termination shall be deemed to be a ' 4.10 termination for the convenience of the AGENCY in accordance with the provision of this AGREEMENT. Page 5 of 8 XI that nothing herein shall require a CONSULTANT to DISPUTES indemnify the AGENCY and the STATE against and An Y dis ute concernin hold harmless the AGENCY and the STATE from P g questions of fact in connec- tion with the work not disposed of by AGREEMENT claims,demands or suits based solely upon the between the CONSULTANT and the AGENCY shall conduct of the AGENCY and the STATE,their be referred for determination to the Director of Public agents,officers and employees and provided further that if the claims or suits are caused by or result from Works or AGENCY Engineer,whose decision in the matter shall be final and binding on the parties of this the concurrent negligence of(a)the AGREEMENT, provided however,that if an action is CONSULTANT's agents or employees and(b)the AGENCY and the STATE,their agents,officers and brought challenging the Director of Public Works or employees,this indemnity provision with respect to AGENCY Engineer's decision,that decision shall be subject to de novo judicial review. (1)claims or suits based upon such negligence,(2)the costs to the AGENCY and the STATE of defending XII such claims and suits,etc.shall be valid and enforce- VENUE,APPLICABLE LAW AND able only to the extent of the CONSULTANT's PERSONAL JURISDICTION negligence or the negligence of the CONSULTANT's agents or employees. In the event that either party deems it necessary to institute legal action or proceedings to enforce any The CONSULTANT's relation to the AGENCY shall right or obligation under this AGREEMENT,the be at all times as an independent contractor. parties hereto agree that any such action shall be The CONSULTANT specifically assumes potential initiated in the Superior court of the State of Washing- liability for actions brought by the CONSULTANT's ton,situated in the county the AGENCY is located in. own employees against the AGENCY and,solely for The parties hereto agree that all questions shall be the purpose of this indemnification and defense,the wotilmorresolved by application of Washington law and that CONSULTANT specifically waives any immunity the parties to such action shall have the right of appeal under the state industrial insurance law,Title 51 from such decisions of the Superior court in accor- RCW. The CONSULTANT recognizes that this dance with the laws of the State of Washington. The waiver was specifically entered into pursuant to the CONSULTANT hereby consents to the personal provisions of RCW 4.24.115 and was the subject of jurisdiction of the Superior court of the State of mutual negotiation. Washington,situated in the county in which the AGENCY is located in. Unless otherwise specified in the AGREEMENT,the AGENCY shall be responsible for administration of XIII construction contracts,if any,on the project. Subject LEGAL RELATIONS AND INSURANCE to the processing of an acceptable,supplemental agreement,the CONSULTANT shall provide on-call The CONSULTANT shall comply with all Federal, State,and local laws and ordinances applicable to the assistance to the AGENCY during contract adminis- work to be done under this AGREEMENT.This tration. By providing such assistance,the AGREEMENT shall be interpreted and construed in CONSULTANT shall assume no responsibility for: accord with the laws of Washington. proper construction techniques,job site safety,or any construction contractor's failure to perform its work The CONSULTANT shall indemnify and hold the in accordance with the contract documents. AGENCY and the STATE,and their officers and employees harmless from and shall process and The CONSULTANT shall obtain and keep in force defend at its own expense all claims,demands,or during the terms of the AGREEMENT,or as other- '*✓' suits at law or equity arising in whole or in part from wise required,the following insurance with companies or through sources approved by the State the CONSULTANT's negligence or breach of any of its obligations under this AGREEMENT; provided Insurance Commissioner pursuant to RCW 48. Page 6 of 8 XIV Insurance Coverage EXTRA WORK A. Worker's compensation and employer's liability A. The AGENCY may at any time,by written order, insurance as required by the STATE. make changes within the general scope of the hr AGREEMENT in the services to be performed. B. General commercial liability insurance in an amount not less than a single limit of one million B. If any such change causes an increase or decrease and 00/100 Dollars($1,000,000.00)for bodily in the estimated cost of,or the time required for, injury,including death and property damage performance of any part of the work under this per occurrence. AGREEMENT,whether or not changed by the order,or otherwise affects any other terms and Excepting the Worker's Compensation insurance and conditions of the AGREEMENT,the AGENCY any professional liability insurance secured by the shall make an equitable adjustment in the CONSULTANT,the AGENCY will be named on all (1)maximum amount payable;(2)delivery or certificates of insurance as an additional insured.The completion schedule,or both;and(3)other CONSULTANT shall furnish the AGENCY with affected terms and shall modify the AGREE- verification of insurance and endorsements required MENT accordingly. by this AGREEMENT.The AGENCY reserves the right to require complete,certified copies of all C. The CONSULTANT must submit its"request required insurance policies at any time. for equitable adjustment"(hereafter referred to as claim)under this clause within 30 days from All insurance shall be obtained from an insurance the date of receipt of the written order. However, company authorized to do business in the State of if the AGENCY decides that the facts justify it, Washington.The CONSULTANT shall submit a the AGENCY may receive and act upon a claim verification of insurance as outlined above within submitted before final payment of the 14 days of the execution of this AGREEMENT to AGREEMENT. the AGENCY. D. Failure to agree to any adjustment shall be a No cancellation of the foregoing policies shall be dispute under the Disputes clause. However effective without thirty(30)days prior notice to nothing in this clause shall excuse the CON- the AGENCY. SULTANT from proceeding with the The CONSULTANT's professional liability to the AGREEMENT as changed. AGENCY shall be limited to the amount payable E. Notwithstanding the terms and condition of under this AGREEMENT or one million dollars, paragraphs(a)and(b)above,the maximum whichever is the greater unless modified by amount payable for this AGREEMENT,shall Exhibit H. In no case shall the CONSULTANT's not be increased or considered to be increased professional liability to third parties be limited in except by specific written supplement to this any way. AGREEMENT. The AGENCY will pay no progress payments XV under Section V until the CONSULTANT has fully ENDORSEMENT OF PLANS complied with this section.This remedy is not exclu- sive;and the AGENCY and the STATE may take The CONSULTANT shall place his endorsement on such other action as is available to them under other all plans,estimates or any other engineering data provisions of this AGREEMENT,or otherwise in law. furnished by him. Page 7 of 8 XVI XVIII FEDERAL AND STATE REVIEW COMPLETE AGREEMENT The Federal Highway Administration and the This document and referenced attachments contains Nape Washington State Department of Transportation all covenants,stipulations and provisions agreed upon shall have the right to participate in the review or by the parties. No agent,or representative of either examination of the work in progress. party has authority to make,and the parties shall not be bound by or be liable for,any statement,represen- XVII tation,promise or agreement not set forth herein. No CERTIFICATION OF THE CONSULTANT changes,amendments,or modifications of the terms AND THE AGENCY hereof shall be valid unless reduced to writing and Attached hereto as Exhibit"A-1",are the signed by the parties as an amendment to this Certifications of the Consultant and the Agency, AGREEMENT. Exhibit"A-2"Certification regarding debarment, XIX suspension and other responsibility matters-primary EXECUTION AND ACCEPTANCE covered transactions, Exhibit"A-3"Certification regarding the restrictions of the use of Federal funds This AGREEMENT may be simultaneously executed for lobbying,and Exhibit"A-4"Certificate of Current in several counterparts,each of which shall be Cost or Pricing Data. Exhibits"A-3"and"A-4"are deemed to be an original having identical legal effect. only required in Agreements over$100,000. The CONSULTANT does hereby ratify and adopt all statements,representations,warranties,covenants, and agreements contained in the proposal,and the supporting materials submitted by the CONSULT- ANT,and does hereby accept the AGREEMENT and ',tome 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. By jtM C,4„,..‘,‘ By AIN i Consultant 14/17)m f 14 a►riJ Agency 'fir Page 8 of 8 Consultant/Address/Telephone Supplemental Signature Page for DMJM Harris Standard Consultant 10900 NE 8th, Suite 750 Agreement Bellevue, WA 98004 Agreement Number Project Title And Work Description Rainier Ave./BNSF Improvements Final Federal Aid Number Design Local Agency THIS AGREEMENT, made and entered into this day of between the Local Agency of , Washington, hereinafter called the "AGENCY" , and the above organization hereinafter called the"CONSULTANT". In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written. CONSULTANT LOCAL AGENCY By D &l/Ll . 4, By Consultant Oh J it 4 14A r✓j S Agency By By Consultant Agency By Agency By Agency DOT Form 140-089A EF Revised 4/98 Exhibit A-1 Certification Of Consultant Aimee Project No. Local Agency I hereby certify that I am De ti Ai d 5. LI VVLJ and duly authorized representative of the firm of j yyi X11 1- F-urvi s whose address is B L 1(411"r-! U/ 4 and that neither I nor the above firm I here represent has: (a) Employed or retained for a commission,percentage,brokerage, contingent fee or other consideration, any firm or person(other than a bona fide employee working solely for me or the above CONSULTANT)to solicit or secure this contract. (b) Agreed, as an express or implied condition for obtaining this contract,to employ or to retain the services of any firm or person in connection with carrying out the contract. (c) Paid,or agreed to pay,to any firm,organization or person(other than a bona fide employee working solely for me or the above CONSULTANT)any fee,contribution donation or consideration of any kind for,or in connection with procuring or carrying out the contract; except as here expressly stated(if any): I further certify that the firm I hereby represent is authorized to do business in the State of Washington and that the firm is in full compliance with the requirements of the board of Professional Registration. �tirr I acknowledge that this certificate is to be available to the State Department of Transportation and the Federal Highway Administration,U.S.Department of Transportation,in connection with this contract involving participation of Federal aid funds and is subject to applicable State and Federal laws,both criminal and civil. 3(tT'--2-t>cs, . ).(AAZ / v( -vim Date Signature Certification of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of Washington and that the above consulting firm or their representative has not been required,directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract to: (a) Employ or retain, or agree to employ or retain, any firm or person,or (b) Pay or agree to pay to any firm,person or organization, any fee, contribution,donation or consideration of any kind, except as here expressly stated(if any). I acknowledged that this certificate is to be available to the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal aid highway funds and it subject to applicable State and Federal laws,both criminal and civil. fir✓ Date Signature Exhibit A-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals: (a) Are not presently debarred, suspended,proposed for debarment,declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain,or performing a public(federal,state,or local)transaction or contract under a public transaction;violation of federal or state antitrust statues or commission of embezzlement,theft,forgery, bribery, falsification or destruction of records,making false statements,or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(federal, state,or local)with commission of any of the offenses enumerated in paragraph 1.b.of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions(federal,state,or local)terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant(Firm): I)Y14 J 014 -t 144 v v (Date) (Signature)Presider or Authorized Official of Consultant Exhibit A-3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that: 1. No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency,a member of Congress,an officer or employee of Congress,or an employee of a member of Congress in connection with the awarding of any federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement,and the extension, continuation,renewal, amendment, or modification of any federal contract,grant, loan,or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency,a member of Congress, an officer or employee of Congress,or an employee of a member of Congress in connection with this federal contract,grant, loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31,U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each 'toolsuch failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed$100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant(Firm): Din-70'k f 1-/a►-r (Date) (Signature)Presid nt or Authorized Official of Consultant Exhibit A-4 Certificate of Current Cost or Pricing Data Nod This is to verify that,to the best of my knowledge and belief,the cost or pricing data(as defined in section 15.401 of the Federal Acquisition Regulation (FAR)and required under FAR subsection 15.403-4) submitted,either actually or by specific identification in writing, to the contracting officer or to the contracting officer's representative in support of a.`tr►is%.. PJl✓+ lakt pAj'rreas * are accurate,complete,and current as of 311-7 I "LOP(4, **. This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal. Firm p x.t. , v►& �- } %v✓i S Name .e14.vio ) . vvi S Title V I Lt Pt€Si aG' 4 Date of Execution*** 3)11 12b0 le * Identify the proposal,quotation,request for price adjustment,or other submission involved, giving the appropriate identifying number(e.g.,RFP No.). ** Insert the day,month,and year when price negotiations were concluded and price agreement was reached. *** Insert the day,month,and year of signing,which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. EXHIBIT B City of Renton Rainier Avenue/BNSF Improvements Scope of Work Final Design Project Description The City of Renton (City) intends to widen Rainier Avenue between 4th and 7th Streets with the primary objective of increasing throughput and facilitate left-turning movements. Additional objectives include resolving drainage problems and enhancing pedestrian facilities. The widening will require replacing the two-span BNSF Railway overpass, which has a pier in the middle of Rainier Avenue, with a single-span bridge. As part of the Rainier Avenue Corridor study, City staff, to date, has completed a conceptual study that has resulted in the development of the desired roadway cross section near the project limits and at the BNSF bridge. Eliminating the flooding problem under the bridge has also been identified as a significant project element to be included in the construction of this project. General Scope The Consultant, DMJM Harris, completed 30% design in a previous contract and held a VE study to fulfill TIB requirements and ensure that recommendations for further design and the preferred alternative identified best-met City needs. The Consultant prepared a final design report that provided a comprehensive analysis of design issues and a preferred project design solution including 30% plans showing horizontal and vertical alignment for the roadway and railway tracks including TS&L of the railroad bridge and pump station. For this contract the Consultant, DMJM Harris, will be responsible for completing the following major items of work: • Coordinate with BNSF and WSDOT involving project meetings and plan review • Prepare two PS&E packages as bid documents • Develop schedule of construction phasing and activities. • Provide construction support services Specific Tasks Task 1 - Project Management Provide overall project management services including: • Project administration including budget, schedule, and invoicing • Implementation of ISO 9001 quality control/assurance program • Conduct biweekly project design progress meetings with design team and the City Now Page 1 of 10 RanierAvy of ton DMJM HARRIS AECOM Rainier Avenue/BNSF Improvements Scope of Work—Final Design • Coordinate 3rd-party mitigation meetings with BNSF, utilities, permitting agencies, property owners, and others as determined necessary to achieve the project goals Nuid • Coordinate with the City and others for related design efforts ongoing with the Hardie-Rainier project • Coordinate and attend meetings with WSDOT toward obtaining approval for all necessary submittals to WSDOT including channelization, traffic control, structures, and drainage • Assist City in negotiation and preparation of BNSF Railway permits and agreements. • Technical oversight of deliverables. Task 2 — Surveying and Utility Location Survey work will be performed by Sub-consultant Perteet Engineering and Utility locates will be performed by others. 2.1 Final Design Survey Verifications Obtain field information as needed to complete and/or confirm final design. New survey data will be merged into the basemap that was prepared under the 30%phase and reissued in AutoCAD format. 2.2 Legal Descriptions Prepare legal descriptions for up to 11 parcels identified for R/W acquisition ,04.01 2.3 Utility Locates Utility locations as identified on the basemap will be field verified where potential conflicts with the design are identified by the Consultant. Field verification will consist of potholing by the Consultant or the utility. The Consultant will be responsible for coordinating all potholing or other verification activities. It is assumed that all the utility owners including the City will incur the cost of potholing or other verification means and the cost for this work will not be included in the Consultant's fee. If this assumption is incorrect, the Consultant will arrange to subcontract potholing upon receiving a scope change order from the City Task 3 — Geotechnical This work will be performed by Sub-consultant Milbor-Pita&Associates, Inc. 3.1 Field Investigation The Consultant proposes the following scope of work to achieve the requirements of Geotechnical investigation for the least field costs. This scope includes all necessary fieldwork, geotechnical laboratory testing,report preparation, and meetings. Nod Page 2 of 10 City of Renton DMJM HARRIS A ECOM Rainier Avenue/BNSF Improvements Scope of Work—Final Design 3.1.1 Advance one deep boring to 100 feet in the center of the roadway on the center rte, island on the south side. Advance a second boring in the location in the sidewalk by the dry cleaners (northeast sidewalk). Both borings will be geotechnically sample the soil for strength and settlement characteristics and will have 15 feet of well screen for groundwater level monitoring. 3.1.2 Advanced 3 shallow borings using a tracked drill rig, all would be completed as monitoring wells, in the following locations and for the following reasons: a. One 20-foot deep at the toe of the embankment next to the auto dealer for retaining wall and pipeline design data. b. One 15-foot deep further south between the roadway and auto dealer for retaining wall data. c. One 20-foot deep on the northwest side at toe of embankment but above roadway for retaining wall design. The Consultant's additional fieldwork included in this scope is to measure all the well water levels at least two times after the borings are complete, also Rainier Avenue's island and sidewalk will be cored through the asphalt and concrete. Flagging and traffic protection are included as part of this work. Task 4—Drainage and Pump Station This work will be performed by DMJM Harris for structural, architectural, and electrical and sub-consultant Rosewater Engineering for mechanical. This task includes all design activities sufficient to complete design for the storm water pump station and drainage. It includes drainage plans,profiles and details for the roadway drainage, pump station, a hydraulic report, and structural and electrical engineering support. 4.1 Pump Station Replacement Design Complete final engineering and design of the replacement pump station consistent with the recommended solution from the pump station evaluation and design concept configuration completed under the 30%design contract, including: • Site visits (up to 2 visits). • Civil engineering design of the forebay vault, pump basin, valve vault, discharge piping to the existing 24-inch storm drain, and control building. Preparation of construction plans and submittal at 60, 90 and 100% design completion. Demolition of existing pump station infrastructure will be identified on the construction plans. • Construction sequencing plan for new facilities, demolition and temporary pumping operations. 4.2 Water Quality Treatment Facility Design Nonr Page 3 of 10 Rayof ierAveon DMJM HARRIS A ECU M Rainier Avenue/BNSF Improvements Scope of Work—Final Design Complete final engineering and design of the water quality treatment facility (Stormfilter) consistent with the recommended design concept under the 30% design contract, including: • Civil and treatment media design. • Coordination with drainage,pump station and roadway design. 4.3 Rainier Avenue Drainage Conveyance Complete final engineering and design of new stormwater conveyance facilities including piping, manholes, and catch basins consistent with the recommended design concept under the 30%design contract. Task 5— Environmental This work will be performed by Sub-consultant Cooper Zietz Engineers, Inc. The Consultant proposes the following scope of work for conducting limited environmental assessment and State Environmental Policy Act (SEPA) compliance in association with this project. 5.1 State Environmental Policy Act Compliance. 5.1.1 The Consultant will prepare a SEPA Checklist upon completion of Phase II work. If a determination is made that the project will require additional environmental documentation such as an EIS then a change order will be requested to include this effort in the scope of work. 5.2 Phase II Environmental Site Assessment 5.2.1 During the Phase I Environmental Site Assessment, two recognized environmental conditions were identified: (1)chlorinated solvent contamination beneath a former dry cleaner property at the northern end of the project corridor, and (2)petroleum hydrocarbon contamination beneath South 7th Avenue (unknown source) at the southern end of the project corridor. Phase II environmental testing will be required for the Scott Cleaners property, a former dry cleaner located at the northeast end of the project corridor. If additional properties require environmental testing, a change order will be negotiated. Testing will include sampling of up to 4 shallow boreholes (less than 25 feet) and sampling soils and groundwater to document the presence of chlorinated volatile organic compound (VOC) contamination associated with the dry cleaners property. The full nature and extent of contamination may not be documented if contamination extends below 25' in depth. Phase II testing will include drilling; collecting four soil samples and four groundwater samples (plus applicable quality control samples); environmental testing; and disposal of drilling spoils, purge water, and other investigation-derived waste. Note that perchloroethene, a dry cleaning solvent that has been identified at the site, tends to sink through the water table when it has been released in large quantities, and it can behave as a dense Page 4 of 10 City of Renton Rainier AvenueBNSFImprovements DMJM HARRIS AECOM Scope of Work—Final Design nonaqueous phase liquid (DNAPL). The investigation will be focused on identifying traces of perchloroethene in the shallow soil and groundwater, and no attempt will be made to characterize any DNAPL that may be present at a confining layer beneath the site. Deeper wells will not be installed, but as a result of the initial assessment work, the City of Renton may wish to consider doing so. 5.2.2 A Phase II site assessment report will be prepared summarizing the results of the environmental testing activity conducted under Task 5.2.1. If needed, a cost estimate will be provided for mitigation of contaminated properties or evaluation of deeper soil or groundwater than evaluated during the limited site assessment. 5.3 Permitting The Consultant will obtain all permitting required. It is anticipated that only a fill/grade permit and other minor permits through the City of Renton will be required. Task 6—Urban and Architectural Design for Bridge This work will be performed by Sub-consultant KPG. The Consultant will prepare conceptual and final design for architectural enhancements for Rainier Ave walls. and the railroad bridge. It is intended that the enhancements will be in concert with gateway themes selected for the City's Hardie-Rainier Ave. project. `o" 6.0 Conceptual Design 6.1.1 Based upon 30% construction documents, the Consultant will develop up to two (2) initial Area design schemes. 6.1.2 Conduct two City of Renton meetings to identify the preferred design scheme. 6.1.3 Prepare for and attend one BNSF meeting to review and receive BNSF comment on the preferred conceptual Area design scheme. 6.1.4 Update and document the final conceptual Area design scheme, based upon input from the City of Renton and BNSF. 6.2 Final Design The Consultant will advance the selected design scheme to final architectural construction documents. It is anticipated that the following design sheets will be required: • Bridge superstructure cladding • Bridge abutment treatment • Roadway retaining wall treatment Noir Page 5 of 10 Rainiery of Anton DMJM HARRIS AECOM Rainier Avenue/BNSF Improvements Scope of Work—Final Design Task 7-Landscape Architecture This work will be performed by Sub-consultant Hough Beck, & Baird, Inc. Landscape planting and improvements will be designed in accordance with City of Renton requirements and 30% design development submittal. It is anticipated that up to 3 sheets as follows will be required: • Planter strip plan views (2 sheets) • Sections and details Task 8 - Right of Way Services This work will be performed by Sub-consultant Pharos Corporation. • Meet with the respective City Officials to understand the City's position relating to the project. • Attend the public presentations relating to the project and be prepared to discuss the project details with each effected property owner. • Meet on-site with each property owner to explain the project and how it impacts their property, and to further explain the appraisal process as well as the timing of the same. • Subcontract with an appraisal firm who is on the WSDOT approved provider list. Further instruct them to provide a True Cost Estimate for those impacted properties. Where the just compensation is estimated less than $10,000, instruct the appraiser to produce an "Appraisal Waiver" which will be used to prepare an Administrative Offer Summary. Those properties where just compensation is estimated in excess of $10,000, instruct the appraiser to prepare a "Before and After" short-form appraisal and have that appraisal reviewed by a WSDOT approved review appraiser. • Prepare offer letters, deeds etc., and make personal visits with each property owner in an effort to complete the negotiations. • If there are special construction elements relating to a particular parcel of property, ensure that those construction considerations are reduced to writing and submitted to the City of Renton for approval. • Close the acquisitions either through an escrow office, title company, or through the City of Renton, if so instructed. Task 9 - Railroad Bridge and Track PS&E The Consultant will complete final design of the preferred design solution as developed in the Design Report, of all aspects of the Railroad Bridge and Track sufficient for a final PS&E and camera-ready bid documents. The design will be based on the approved concept by BNSF Railway. The Consultant will combine railroad track and bridge PS&E from the Hardie Ave. Page 6of10 RayofRenton DMJM HARRIS AECOM Rainier Avenue/BNSF Improvements Scope of Work—Final Design project, prepared under a separate contract, to the railroad track and bridge PS&E for Rainier '40410, Ave. as one bid package. 9.1 Plans The following sheets are anticipated to be prepared under this scope: • Cover • Abbreviations, legends, and general notes • Summary of quantities • Rail typical sections • Site preparation • Traffic control plans(4 sheets) • Temporary roadway plan and profile • Track plan and profile(3 sheets) • Bridge plan, elevation, and typical section • Foundation layout • Bridge abutments plan, elevations, and sections • Superstructure framing and details (2 sheets) • Bridge architectural details per Section 6.2 • Architectural bridge structural details • Bridge construction staging plans (6 sheets) 9.2 Specifications Noise The Consultant shall prepare the contract special provisions and summary of quantities for the bid proposal while the City prepares the standard amendments, general special provisions, and contract portion of the specifications package. The specifications will be in compliance with City of Renton and BNSF requirements. 9.3 Estimate The Consultant shall prepare an engineer's estimate for the project. The estimate shall be prepared using the Summary of Quantity sheets with unit costs, lump sum prices, and backup. Task 10 - Roadway PS&E The Consultant will complete final design of the preferred design solution as developed in the Design Report, of the Rainier Avenue roadway sufficient for a final PS&E and camera ready bid documents. 10.1 Plans The following sheets are anticipated: • Roadway typical sections • Site preparation and TESC NANNY' Page 7 of 10 City of Renton Rain erAvenueIBNSF Improvements DMJM HARRIS AECOM Scope of Work—Final Design • Traffic control plans(2 sheets) • Roadway plan and profile(4 sheets) ,+. • Superelevation • Intersection paving plans • Drainage plans (2 sheets) • Pump station layout • Pump station architectural • Pump station structural • Pump station mechanical • Pump station electrical • Utility relocation • Roadway channelization and signing • Landscape plan and typical details per Section 7 • Final ROW plan • Wall structure plans and details • Signal plans and details(6 sheets) • Illumination plans(2 sheets) 10.2 Specifications The Consultant shall prepare the contract special provisions and summary of quantities for the bid proposal while the City prepares the standard amendments, general special provisions, and contract portion of the specifications package. The specifications will be in compliance with City of Renton and WSDOT requirements. 10.3 Estimate The Consultant shall prepare an engineer's estimate for the project. The estimate shall be prepared using the Summary of Quantity sheets with unit costs, lump sum prices, and backup. Task 11 - Public Involvement It is anticipated that the Roadway portion of this contract will involve public open forums. The Consultant will support the City with displays and technical information for 2 public open houses held at the City. In addition the Consultant will support the City and attend up to 2 informational meetings per business owner with frontage along Rainier Avenue within the existing project limits. Task 12 — PS&E Review Meetings The Consultant will submit PS&E to the City for two reviews prior to preparing final signed camera ready bid documents. Review will consist of plan review meetings as scheduled by the City. The Consultant will incorporate revisions to plans as mutually agreed during the plan reviews. Page 8 of 10 Ray of Renton DMJM HARRIS A ECOM Rainier Avenue/BNSF Improvements Scope of Work—Final Design 12.1 60% Plan Review Now, The City will conduct and the Consultant will prepare for and attend a 60% plan review meeting for each PS&E package. The Consultant will incorporate requested revisions into the plans. 12.2 90% Plan Review (final PS&E) The City will conduct and the Consultant will prepare for and attend a 90% plan review meeting for each PS&E package. The Consultant will incorporate requested revisions into the plans. Revisions will be limited to minor design changes. Major design changes will be considered as out of scope work. 12.3 100% Plan Reviews The City will conduct and the Consultant will prepare for and attend a 90% plan review meeting for each PS&E package. Revisions will be limited to corrections of any errors and minor changes. Major design changes will be considered as out of scope work. 12.4 BNSF Plan Review Meetings It is anticipated the Consultant and the City will need to attend at least one meeting with BNSF Pacific Division in Seattle and one meeting at the Bridge Structures office in Omaha, NE to review the 90%bid Now, Task 13 Quality Control The Consultant shall conduct quality control/assurance for all deliverable work in accordance with the DMJM HARRIS ISO 9001 procedures. This requirement will apply to all subconsultant deliverable work. The City may request at any time to inspect and verify that the Consultant's work is in compliance with ISO 9001 QC/QA procedures. Task 14 Construction Support Services The Consultant will assist the City in the administration and construction engineering of the construction phase. The Consultant's scope and fee for this task will be determined in further detail prior to advertisement of the project and will be added to this scope of work as a change order. Deliverables by the Consultant to the City The Consultant will deliver the following under this Scope of Work: • Invoices and Progress Reports monthly • Rights of Entry • Right-of-Way Acquisition Documentation and Certification Page 9 of 10 Rainiery of Anton DMJM HARRIS AECOM Rainier Avenue/BNSF Improvements Scope of Work—Final Design • SEPA Checklist • 60-90-100%Railroad PS&E for Review • Signed/sealed camera-ready Railroad PS&E • 60-90-100%Roadway PS&E for Review • Signed/sealed camera-ready Roadway PS&E Deliverables by the City to the Consultant The City will furnish the following information and review comments to the Consultant • City utility plans, if any, not already delivered • Utility locate information if performed by the City • Review comments for all PS&E packages for review within two weeks of submittal. Project Schedule A project schedule will be attached to this Scope of Work. Below are the major Consultant delivery milestones. All time shown is calendar months from NTP. Milestone Recipient Delivery 60%Railroad Bridge and Track PS&E, City/BNSF 2.0 including cost estimate. 90%Railroad Bridge and Track PS&E, City/BNSF 4.5 including cost estimate,construction phasing and schedule, summary of quantities,contract special provisions. Final Railroad Bridge and Track PS&E, all- City 6.0 inclusive. 60%Roadway PS&E, including cost estimate. City 5.0 90% Roadway PS&E, including cost estimate, City 7.0 construction phasing and schedule, summary of quantities, contract special provisions. Final Roadway PS&E, all-inclusive. City 9.0 Time of Completion The Consultant shall complete the work described within this scope by December 31, 2008. NIS Page 10 of 10 Ray of Renton DMJM HARRIS AECOM Rainier Avenue/BNSF Improvements Scope of Work—Final Design Exhibit C-2 Payment (Cost Plus Fixed Fee) Noose The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for all work performed or services rendered and for all labor, materials,equipment, and incidentals necessary to complete the work specified in Section II,"Scope of Work." The CONSULTANT shall conform with the applicable portion of 48 CFR 31. A. Actual Costs Payment for all consulting services for this project shall be on the basis of the CONSULTANT's actual cost plus a fixed fee. The actual cost shall include direct salary cost,overhead,and direct nonsalary cost. 1. Direct Salary Costs The direct salary cost is the direct salary paid to principals,professional,technical,and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. 2. Overhead Costs Overhead costs are those costs other than direct costs which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the rate shown in the heading of this AGREEMENT, under"Overhead Progress Payment Rate." Total overhead payment shall be based on the method shown in the heading of the AGREEMENT. The three "arr►" options are explained as follows: a. Actual Cost Not To Exceed Maximum Percent: If this method is indicated in the heading of this AGREEMENT,the AGENCY agrees to reimburse the CONSULTANT at the actual overhead rate verified by audit up to the maximum percentage shown in the space provided.Final overhead payment when accumulated with all other actual costs shall not exceed the total maximum amount payable shown in the heading of this AGREEMENT. b. Fixed Rate: If this method is indicated in the heading of the AGREEMENT,the AGENCY agrees to reimburse the CONSULTANT for overhead at the percentage rate shown. This rate shall not change during the life of the AGREEMENT. A summary of the CONSULTANT's cost estimate and the overhead computation are attached hereto as Exhibit D-1 and by this reference made part of this AGREEMENT. When an Actual Cost method,or the Actual Cost Not To Exceed method is used,the CONSULTANT(prime and all subconsultants)will submit to the AGENCY within three months after the end of each firm's fiscal year,an overhead schedule in the format required by the AGENCY(cost category,dollar expenditures,etc.)for the purpose of adjusting the overhead rate for billing purposes. It shall be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's overhead cost to reflect the actual rate. Failure to supply this information by either the prime consultant or any of the subconsultants shall cause the agency to withhold payment of the billed overhead costs until such time as the required information is received and an overhead rate for billing purposes is approved. The STATE and/or the Federal Government may perform an audit of the CONSULTANT's books and records at any time during regular business hours to determine the actual overhead rate,if they so desire. 3. Direct Nonsalary Costs Direct nonsalary costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include,but are not limited to the following items: travel,printing, long distance telephone, supplies, computer charges,and fees of subconsultants. Air or train travel will only be reimbursed to economy class levels unless otherwise approved by the AGENCY. Automobile mileage for travel will be reimbursed at the current rate approved for AGENCY employees and shall be supported by the date and time of each trip with origin and destination of such trips. Subsistence and lodging expenses will be reimbursed at the same rate as for AGENCY employees. The billing for nonsalary cost,directly identifiable with the Project,shall be an itemized listing of the charges supported by copies of original bills,invoices,expense accounts,and miscellaneous supporting data retained by the CONSULTANT. Copies of the original supporting documents shall be provided to the AGENCY upon request. All of the above charges must be necessary for the services to be provided under this AGREEMENT. 4. Fixed Fee The fixed fee,which represents the CONSULTANT's profit,is shown in the heading of this AGREEMENT under Fixed Fee. This amount does not include any additional fixed fee which could be authorized from the Management Reserve Fund. This fee is based on the scope of work defined in this AGREEMENT and the estimated man-months required to perform the stated scope of work. In the event a supplemental agreement is entered into for additional work by the CONSULTANT,the supplemental agreement may include provisions for the added costs and an appropriate additional fee. The fixed fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the monthly progress reports accompanying the invoices. Any portion of the fixed fee earned but not previously paid in the progress payments will be covered in the final payment,subject to the provisions of Section IX,Termination of Agreement. 5. Management Reserve Fund The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator the flexibility of authorizing additional funds to the AGREEMENT for allowable unforeseen costs,or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s)shall be in writing and shall not exceed the lesser of$50,000 or 10%of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this agreement. This fund may be replenished in a subsequent supplemental agreement. Any changes requiring additional costs in excess of the"Management Reserve Fund"shall be made in accordance with Section XIV, "Extra Work." 6. Maximum Total Amount Payable The maximum total amount payable,by the AGENCY to the CONSULTANT under this AGREEMENT, shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized,which includes the `010# Fixed Fee and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for extra work as stipulated in Section XIV,"Extra Work." B. Monthly Progress Payments 14a.✓ The CONSULTANT may submit invoices to the AGENCY for reimbursement of actual costs plus the calculated overhead and fee not more often than once per month during the progress of the work. Such invoices shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, General Requirements,of this AGREEMENT. The invoices will be supported by an itemized listing for each item including direct salary, direct nonsalary, and allowable overhead costs to which will be added the prorated Fixed Fee. To provide a means of verifying the invoiced salary costs for CONSULTANT employees,the AGENCY may conduct employee interviews. These interviews may consist of recording the names,titles,and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment Final payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS&E,plans,maps,notes,reports,and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such final payment by the CONSULTANT shall constitute a release of all claims for payment which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said final payment shall not,however,be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and that at the time of final audit,all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT,the CONSULTANT will refund such overpayment to the AGENCY within ninety(90) *4610/ days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. D. Inspection of Cost Records The CONSULTANT and the subconsultants shall keep available for inspection by representatives of the AGENCY and the United States,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 with the following exception:if any litigation,claim,or audit arising out of,in connection with,or related to this contract is initiated before the expiration of the three-year period,the cost records and accounts shall be retained until such litigation,claim,or audit involving the records is completed. EXHIBIT C-2 I DMJM HARRIS AECOM City of Renton Rainier Avenue/BNSF Improvements Detailed Labor& Fee Breakdown Final Design TASKS Project Sr Rail Sr Structural Sr. Civil Design Admin OIC Manager Engineer Engineer Engineer Engineer CADD Assistant Direct Labor Rates $ 81.00 $ 66.00 $ 47.00 $ 50.00 $ 46.50 $ 36.00 $ 27.74 $ 25.50 Total 1.0 Project Management Project Administration 4 80 30 114 Project Team Meetings 40 20 20 20 10 25 135 3rd Party Coordination (WSDOT, RNV) 30 16 16 10 8 8 10 98 BNSF Permit/Agmt Support 2 30 10 20 62 2.0 Surveying Final Design Survey 2 , 4 8 8 22 Legal Descriptions 4 8 8 20 Utility Locates 10 16 10 8 4 48 3.0 Geotechnical Foundation Design 2 8 10 Wall Design 2 8 10 -f Renton ( %., Rainier SF Imp. "stimate • 3/16/2006 I ( - EXHIBIT C-2 1 1 1 DMJM HARRIS AECOM City of Renton Rainier Avenue/BNSF Improvements Detailed Labor& Fee Breakdown Final Design TASKS Project Sr Rail Sr Structural Sr. Civil Design Admin OIC Manager Engineer Engineer Engineer Engineer CADD Assistant 1 Direct Labor Rates $ 81.00 $ 66.00 $ 47.00 $ 50.00 $ 46.50 $ 36.00 $ 27.74 $ 25.50 Total 4.0 Drainage and Pump Station Pump Station Replacement Design 10 6 15 8 39_ Water Quality Facility Design 4 6 8 8 8 34v Detention Facility Design: 4 6 8 8 8 34_ ,Rainier Ave.Conveyance Design 4 8 8 , 8 28_ - 5.0 Environmental _ SEPA Checklist 8 8 16 ESA Ph 182 10 10, Permitting 8 12 20 6.0 Urban and Architectural Design Develop Concept 8 10 18 Client and Agency approval meetings 10 2 2 2 16-, City of Renton Rainier Ave/BNSF Imp. Fee Estimate 3/16/2006 EXHIBIT C-2 I I i I DMJM HARRIS AECOM City of Renton Rainier Avenue/BNSF Improvements Detailed Labor& Fee Breakdown Final Design TASKS Project Sr Rail Sr Structural Sr. Civil Design Admin OIC Manager Engineer Engineer Engineer Engineer CADD Assistant Direct Labor Rates $ 81.00 $ 66.00 $ 47.00 $ 50.00 $ 46.50 $ 36.00 $ 27.74 $ 25.50 Total 7.0 Landscape Architecture Planting Strips 4 4 8 8 24 8.0 Ri ht of Way Finaiize ROW Plans 10 10 16 8 4 48 • Engineering Support for Acquisitions 8 8 10 8 34 9.0 Railroad Bridge and Track PS&E Plans Cover 1 5 4 10 Abbreviations and general notes 1 4 8 8 21 Summary of Quantities 4 4 8 4 16 8 44 Site Preparation 1 8 8 81 25 Traffic Control 2 20 5 4 31 Temporary Roadway Plan and Profile 1 8 16 8 33 Rail Typical Sections 1 8 10 8 27 Track Plan and Profile 1 10 10 8 29 Bridge Plan, Elev.,and Typ.Section 1 10 10 8 29 Bridge Abutments 1 16 10 8 35 Superstructure Layout and Details 1 16 10 8 35 Architectural Bridge Details 4 4 20 10 16 54 Bridge AbutmentlWall Structure 1 10 10 8 29 Bridge Construction Staging 6 4 20 20 20 70 Specifications 8 20 16 12 20 76 Estimates 8 20 8 8 24 68 of no (L. (L. Rainier SFReImp.tn estimate • 3/16/2006 er I t ______ EXHIBIT C-2 1 1 I DMNM HARRIS AECOM City of Renton Rainier Avenue/BNSF Improvements Detailed Labor& Fee Breakdown Final Design TASKS Project Sr Rail Sr Structural Sr.Civil Design Admin OIC Manager Engineer Engineer Engineer Engineer CADD Assistant Direct Labor Rates $ 81.00 $ 66.00 $ 47.00 $ 50.00 $ 46.50 $ 36.00 $ 27.74 $ 25.50 Total 10.0 Roadway PS&E . Plans _ Cover 1 5 4 10 Summary of Quantities _ 4 , 8 8 16 10 46 Site PreparationiTESC 2 . 8 , 10 16 36 Traffic Control 6 20 30 30 86 Roadway Typical Sections 1 , 20 , 10 8 39 Roadway Plan and Profile 1 , 20 10 8 39._ Superelevation 1 4 8 8 21 Intersection 1 10 16 16 43 Drainage 4 20 8 8 40 Pump Station Structural 4 50 20 30 104 Pump Station Architect 4 40 20 10 20 94 Pump Station Mechan 4 8 8 , 8 28 Pump Station Electrical 4 30 20 4094 Utility Relocation 4 10 20 20 30 84 Roadway Channelization 2 4 10 8 , 16 40 Landscape Plan and Typ. Details 1 2 5 5 4 17 ROW 4 20 20 20 64 Wall Structures 2 16 25 40 83 Signal plans 8 45 40 65 158 Illumination plans 4 20 30 50 104 pecifications 10 10 40 20 10 90, Estimates 8 8 _ 30 40 30 116 City of Renton Rainier Ave/BNSF Imp. Fee Estimate 3/16/2006 EXHIBIT C-2 DMJM HARRIS AECOM City of Renton Rainier AvenuelBNSF Improvements Detailed Labor& Fee Breakdown Final Design TASKS Project Sr Rail Sr Structural Sr. Civil Design Admin OIC Manager Engineer Engineer Engineer Engineer CADD Assistant Direct Labor Rates $ 81.00 $ 66.00 $ 47.00 $ 50.00 $ 46.50 $ 36.00 $ 27.74 $ 25.50 Total 11.0 Public Involvement Open House Support 8 10 10 10 8 46 12.0 Plan Reviews 60-90-100 Reviews Rail PS&E 12 8 10 16 16 2 64 BNSF Reviews and Meetings 12 8 10 8 10 15 2 65 60-90-100 Review Roadway PS&E 16 20 30 30 2 98 WSDOT Reviews and Meetings 12 8 10 20 30 8 88 13.0 Quality Control City of Renton (a.. ( Rainier JSF Imp. Estimate 3/16/2006 I t ______ EXHIBIT C-2 I I I DM)M HARRIS AECOM City of Renton Rainier Avenue/BNSF Improvements Detailed Labor& Fee Breakdown Final Design , , TASKS Project Sr Rail Sr Structural Sr.Civil Design Admin OIC Manager Engineer Engineer Engineer Engineer CADD Assistant Direct Labor Rates $ 81.00 $ 66.00 $ 47.00 $ 50.00 $ 46.50 $ 36.00 $ 27.74 $ 25.50 Total 13.0 Quality Control Checking and Assurance for Submittals, 8 y 30 20 40 I- 50 40 50 _ 20 258 Desi n Totals: 14 500 , 154 430 659 799 802 153 3,511 Direct Labor Cost $1,134, $33,000 $7,238 $21,500 $30,644 $28,764 $22,244 $3,902 148,425 Overhead 136%DLC $1,531, $44,550 $9,771 $29,025 $41,369 $38,831 $30,030 $5,267 $201,858 Fee(g30% LC $340 $9,900 $2,171 $6,450 $9,193 $8,629 $6,673 $1,170 $44,528 Total Labor Costs $3,005, $87,450 $19,181 $56,975 $81,205 $76,225, $58,947 $10,339 $394,811 Subconsutants _ Cooper Zietz $31,535 Rosewater $85,000 Milbor-Pita $30,048 KPG $45,000 Hough Beck&Baird _ $24,849 Perteet $15,130 Pharos $74,949 Subtotal Subs. $306,511 City of Renton Rainier Ave/BNSF Imp. Fee Estimate 3/16/2006 EXHIBIT C-2 DM)M HARRIS AECOM City of Renton Rainier Avenue/BNSF Improvements Detailed Labor& Fee Breakdown Final Design TASKS Project Sr Rail Sr Structural Sr. Civil Design Admin OIC Manager Engineer Engineer Engineer Engineer CADD Assistant Direct Labor Rates $ 81.00 $ 66.00 $ 47.00 $ 50.00 $ 46.50 $ 36.00 $ 27.74 $ 25.50 Total Reimburseables Reproduction -Plan Review Sets 60-90-100 $2,100 -Final Mylars $900 Travel - 2 Trips for 2 Staff to KC for BNSF Review $2,800 -Milage 250 Miles @.44/mile $110 Misc(FEDEX,Courrier,etc) $1,500 Total Reimburseabels $7,410 Total Fee $708,732 City of Renton Rainier 'NSF Imp. Estimate 3/16/2006 ( ( ( City of Renton Rainier Avenue/BNSF Improvements Detailed Labor& Fee Breakdown Final Design KPG-Urban and Architectural Design Fee Estimate 13-Mar-06 TASKS Project Senior Admin Principal Manager Designer Designer CADD Assistant Direct Labor Rates $ 53.00 $ 43.00 $ 38.00 $ 36.00 $ 25.00 $ 33.00 Total 6.0 Urban and Architectural Design Develop Concept 4 16 40 16 40 10 126 Client and Agency approval meetings-8 8 20 12 40 Final Concept and PSE 4 40 68 16 100 10 238 13.0 Quality Control Checking and Assurance 8 8 12 28 Design Totals: 24 84 132 32 140 20 432 Direct Labor Cost $1,272 $3,612 $5,016 $1,152 $3,500 $660 15,212 Overhead at 1.6061%DLC $2,043, $5,801 $8,056 $1,850, $5,621 $1,060 $24,432 Fee @30%DLC $382 $1,084 $1,505 $346 $1,050 $198 $4,564 Total Labor Costs $3,697 $10,497 $14,577 $3,348 $10,171 $1,918 $44,208, Reimburseables Reproduction $607 Travel $67 Postage Misc $118 Total Reimburseabels r $792 Total Fee $45,000 ...C.:04...4. 1I Cooper Zietz Engineers,Inc. V 100 South King Street,Suite 415,Seattle,Washington 98104 so • City of Renton Rainier Avenue/BNSF improvements Detailed Labor&Fee Breakdown Final Design TASKS Sr.Civil QC Manager Engineer Admin Assistant Total Direct Labor Rates $ 50.00 $ 48.00 $ 23.25 5.0 Environmental SEPA Checklist 40 2 42 ESA Ph 1&2 64 4 68 Permitting - - - Specs,Cost and Quantity Calcs 96 12 108 Meetings 23 - 23 13.0 Quality Control Checking and Assurance 14 14 Desigi n Totals: 14 223 16 255 Direct Labor Cost $700 $10,236 $419 11,354 Overhead 147%DLC $1,029 $15,045 $615 $15,327 Fes�30X DLC $210 $3,071 $126 $3,406 Total Labor Costs $1,939 $28,351 $1,159 $30,087 Reimburseables Reproduction(650 copies 0$0.10 each) $65 CD-ROM(3 a$5 each) $15 Travel(400 miles a$0.45 each) $288 Parking(8 mtg. $12 each) $72 Field Equipment(1 event a$100 each) $100 8020/8021) -4 soil samples a$130 each $520 -3 water samples a$130 each $390 Total Reimburseables $1,448 Total Fee $31,535 aty of Renton .. ee imp. rafttFee Esti ee Estimate tisi 3/18/2006 1 of 1 ( ( ( City of Renton Milbor-Pita&Associates, Inc. Rainier Avenue/BNSF Improvements Woodinville,WA Detailed Labor& Fee Breakdown 425 486 6561 (f)425 488 2660 Final Design -Geotechnical TASKS Project Admin Manager Engineer Assistant I Direct Labor Rates Total 1.0 Geotechnical Field Investigation 8 40 48 Lab Testing and Analysis 2 16 18 Reports 4 72 4 80 Meetings 4 8 2 14 2.O QC 4 6 2 12 Total Labor Hours 22 142 8 160 Design Totals: - Direct Labor Cost $50 $36 $0 Overhead @174%DLC $87 $63 $0 $0 Fee @27% DLC $14 $10 $0 $0 Total Labor Costs $3,311 $15,387 $0 $18,698 Reimburseables Reproduction $200 Travel 250 Lab testing 1500 Drilling and Sampling 9400 Total Reimburseabels $11,350 Total Fee $30,048 City of Renton NilRainier Avenue/BNSF Improvements Detailed Labor&Fee Breakdown Pe rte et Final Design-Surveying TASKS Principal 2-Person 3-Person Project Survey/CAD Clerical/Survey Surveyor Sr.PLS PLS Field Crew Field Crew Surveyor Tech Asst. I Direct Labor Rates $ 53.00 $ 45.00 $34.00 $ 50.00 $ 65.00 $ 30.00 $ 24.00 $ 21.00 Total 1.0 Project Management Project Administration 2 2 2 6 Project Meetings 5 1 1 - 7 3rd Party Coordination(BNSI-, WSDOT,R/W) - 2.0 Surveying Research 4 4 8 Horizontal Control 5 5 Vertical Control 5 5 Topographic Survey 20 24 44 Maintain Basemap 6 6 12 8.0 Ri ht of Way , Attend Public Meetings - Develop ROW Needs 3 11 22 36 Appraisals - Offers - Acquisitions - 13.0 Quality Control Checking and Assurance 2 4 6 Design Totals: 9 10 22 30 - 26 30 2 129 Direct Labor Cost $477 $450 $748 $1,500 $0 $780 $720 $42 4,717 Overhead @ 179.72%DLC $857 $809 $1,344 $2,696 $0 $1,402 $1,294 $75 8,477 Fee©30%DLC $143 $135 $224 $450 $0 $234 $216 $13 $1,415 Total Labor Costs $1,477 $1,394 $2,317 $4,646 $0 $2,416 $2,230 $130 $14,609 Reimburseables GPS Receivers 2©$150/day $300 Travel $160 Digital Level ©$50/day $50 Misc $11 Total Relmburseabels $521 Total Fee $15,130 . („,, ( t ( n City of Renton Rainier Avenue/BNSF Improvements Detailed Labor& Fee Breakdown PHAROS Final Design -Right of Way CORPORATION TASKS Project Sr Design Admin OIC Manager Engineer Engineer CADD Assistant Direct Labor Rates $ 52.88 $ 22.60 $ 21.63 Total 8.0 Right of Way Attend Public Meetings 20 6 26 _ Develop ROW Needs 10 75 25 110 Appraisals 12 12 Offers 10 40 80 130 Acquisitions 50 350 125 525 1 13.0 Quality Control Checking and Assurance 10 10 Design Totals: - 112 - 465 - 236 813 _ Direct Labor Cost $0 $5,923 $0 $10,509 $0 $5,105 21,536 _ Overhead @ 1.7158%DLC $0 $10,162 $0 $18,031 $0 $8,759 $36,952 Fee @30%DLC $0 $1,777, $0 $3,153 $0 $1,531 $6,461 Total Labor Costs $0 $17,861 $0 $31,693 $0 $15,395 $64,949 Reimburseables Reproduction $500 Travel $1,250 _ Postage $250 Misc-Appraisals $8,000 Total Reimburseables $10,000 Total Fee $74,949 ROSEWATER City of Renton ENGINEERING CIVIL CONSULTING Rainier Avenue/BNSF Improvements Detailed Labor& Fee Breakdown Final Design - Drainage TASKS Project Project Senior Design Manager Engineer Consultant Engineer CAD Admin 1 Direct Labor Rates $ 38.50 $ 38.50 $ 69.25 $ 28.00 $ 30.75 $ 24.00 Total 1.0 Project Management A. Project Management&Administration 10 10 24 44 B. Monthly Progress Report 6 6 12 C. Kickoff meeting 4 4 8 D. Design Team Meetings(monthly)& Coord. 24 6 30 E. Meeting with City(up to 3 meetings) 12 12 4 3 31 4.0 Drainage and Pump Station A. Site visits(up to 2) 4 8 4 8 24 B. Off-site analysis Completed - C. Existing pump station evaluation Completed - D. Pump station design 4 48 8 60 E. Conveyance System Design 1 10 24 35 F. Wetvault/StormFilter design 1 10 16 27 G. Detention design None required - H. Railroad drainage design None required - I. Hydraulic Report Not required - .. ( ( 4,, TASKS Project Project Senior Design Manager Engineer Consultant Engineer CAD Admin Direct Labor Rates $ 38.50 r$ 38.50 $ 69.25 $ 28.00 $ 30.75 $ 24.00 Total 10.0 Roadway PS&E J. Roadway Drainage Plans(assume 3 sheets) 1 8 24 16 49 K. Roadway Drainage Profiles(assume 2 sheets) 1 8 16 40 65 L. Roadway Drainage Details(assume 2 sheets) 1 8 16 24 49 M. Pump station layout)(1 sheet) 1 8 12 21 N. Pump station,valve vault,forebay details(2 sheets) 2 8 2 20 40 72 O. Pump station demolition/phasing plan 1 16 1 12 30 P. Pump station plans(electrical, structural,arch) ,By others - S. Special Provisions 1 20 2 4 2 29 T. Cost Opinion(3 cycles) 1 , 12 2 _ 16 4 35 12.0 Design Progress Submittals A. Submif60%plans,specifications, estimate,draft Hydraulic Report 2 8 8 8 4 30 B. Submit 90%Plans,Specifications, estimate,final Hydraulic Report 2 8 8 8 4 30 C. Submit 100% Plans,Specifications, estimate 2 8 8 8 4 30 D. QA/QC Admin&Reviews 2 40 4 3 49 Design Totals: 83 250 37 168 168 54 760 Direct Labor Cost $3,196 $9,625 $2,562 $4,704 $5,166 $1,296 26,549 Overhead @ 189%DLC $6,039 $18,191 $4,843 $8,891 $9,764 $2,449 $50,177 Fee @ 30%DLC $959 $2,888 $769 $1,411 $1,550 $389 $7,965 Total Labor Costs $10,194 $30,704 $8,174' $15,006 $16,480 $4,134 $84,691 TASKS Project Project Senior Design Manager Engineer Consultant Engineer CAD Admin Direct Labor Rates $ 38.50 $ 38.50 $ 69.25 $ 28.00 $ 30.75 $ 24.00 Total Reimbursables Reproduction Travel $166 5 trips Bellevue(22 miles)plus$10 parking each $99 3 trips Renton (30 miles) $40 2 site visits(30 miles) $27 Postage&Delivery(6 couriers at$24 ea) $144 Misc Total Reimbursables $310 Total Fee $85,000 — Hough Beck Detailed Labor Breakdown ( &Baird Inc. Final Lands ..d Design LANDSCAPEARCHITECTURE PLANNING UNeAN DESIGN Project TASKS Manager/ Computer/ Landscape Design Technical Business Admin. Principal Architect Staff Staff Development Assistant Direct Labor Rates $56.60 $36.00 $24.00 $17.00 $28.00 $15.50 Total 7.0 Landscape Architecture In-house Technical Reviews(60%-90%-100%) 16 9 3 28 _ Project Coordination Meetings(5) 3 15 5 23, 10.0 Roadway PS&E _ Plans Landscape Plans,Details,Spec.&Cost(60%- 90%-100%) 7 12 26 62 6 113 Irrigation Plans,Details,Spec.&Cost(60%-90°h' 100%) 9 , 14 30 68 6 127 _ Specifications - Estimates - 13.0 Quality Control _ , Checking and Assurance _ - Design Totals: 35 50 64 130 - 12 291 Direct Labor Cost $1,981 $1,800 $1,536 $2,210_ $186 7,713 -Overhead e187.83%DLC _ $3,721 $3,381 $2,885, $4,151 $349 $14,487 Fee @30%DLC _ $594 $540 $461 $663 $56 $2,314 — Total Labor Costs $6,296 $5,721 $4,882 $7,024 $591 $24,514 Reimburseables Reproduction $225 Travel $50 Postage _ $15 Misc $45 Total Reimburseables $335 Total Fee $24,849 3/16/2006 1 of 1 Exhibit F Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition,the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made,shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition,the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. Exhibit G Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: Rosewater: Drainage Conveyance and Pump Station Mechanical Design Milbor Pita: Geotechnical Perteet: Surveying Pharos: Right of Way Acquisition Hough Reck and Baird: Landscaping Design KPG: Architectural Design Cooper Zeits: Environmental/SEPA CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS TRANSPORTATION SYSTEMS DIVISION 2006-2011 SIX-YEAR TIP Rainier Avenue -SW 7th St to S 4th PI Functional Classification: Principal Arterial Fund: 317 Proj.Length: 0.3 miles Proj: 12308 RANK: 11 CONTACT: Jason Fritzler 425.430.7243 DESCRIPTION: STATUS: Improvements complete a missing link, remove barriers,eliminate sub-standard conditions,control and Design consultant has been selected. Design will continue through September 2006 and consolidate access points to existing major businesses,and provide an enhanced pedestrian go to ad for construction soon after. Received a TIB Transportation Partnership Program environment. Project elements include adding a third NB through-lane,adding a left-turn lane,removing (TPP)grant award of$2.2 million in November 2003. $300,000 of mitigation funds must be the BNSF railroad bridge support pier,lowering the roadway to provide standard clearance under the dedicated to this project to fulfill the grant requirements. bridge,and widening sidewalks to 10 feet with streetscaping. JUSTIFICATION: CHANGES: Existing high level of traffic congestion and accidents. Bottleneck including reduction of lanes from three Total estimated project costs have increased from the original planning level cost estimate. to two at S 7th St and the BNSF bridge and support pier just south of S 4th PI. The improvements will Bridge replacement costs is one of the largest contributing factors to the increase in the enhance traffic flow and reduce accidents. They will provide a missing link on Rainier Ave.with one budget;steel prices have increased. New fuel tax funding is shown in years 2009 and additional northbound(NB)lane. 2010. 1 Funded :1 3,860,8541 Unfunded :1 2,998,600 Project Totals Programmed Pre-2006 Six Year Program ITEM Programmed Spent Pre-2005 2005 Total 2006 2007 2008 2009 2010 2011 EXPENSES: Project Development Precon Eng/Admin 773,454 3,454 320,000 450,000 ' 450,000 R-O-W(includes Admin) 206,000 206,000 206,000' - Construction Contract Fee 4,972,000 4,972,000 200,000 1,063,000 832,000 2,877,000 Construction Eng/Admin 408,000 408,000 15,000 87,000 68,000 218,000 20,000 Other 500,000 500,000 135,000 100,000 265,000 TOTAL EXPENSES 6,859,454 3,454 320,000 6,536,000 871,000 1,285,000 1,000,000 3,360,000 • 20,000 SOURCES OF FUNDS: - . Vehicle Fuel Tax 265,000 265,000245,000 20,000 Business License Fee 323,900 323,900 - 149,900 154,000 20,000 ' Proposed Fund Balance 540,000 540,000 260,000 280,000 Grants In-Hand 2,202,000 192,000 2,010,000 522,600 771,000 600,000 116,400 Mitigation In-Hand 529,954 3,454 128,000 398,500 198,500 100,000 100,000 1 Bonds/L.I.D's Formed Other In-Hand Grants Proposed ' Mitigation Proposed _ L.I.D.'s Proposed Other Proposed Undetermined 2,998,600 2,998,600 2,998,600 TOTAL SOURCES 6,859,454 3,454, 320,000 6,536,000 871,000 1,285,000 1,000,000 3,360,000 20,000 a.wvAltOng 08=2035 e:n,ve 5-11 FINAL CITY OF RENTON COUNCIL AGENDA BILL AI#: Submitting Data: Planning/Building/Public Works For Agenda of: `J Dept/Div/Board.. Transportation Systems April 10, 2006 Staff Contact Nathan Jones, x7217 Agenda Status Consent X Subject: Public Hearing.. Sound Transit Interlocal Agreement for Funding Correspondence.. Rainier Avenue South, Hardie Avenue SW, and SW Ordinance 27th Street/Strander Boulevard Projects Resolution X Old Business Exhibits: New Business X Issue Paper Study Sessions Resolution Information Contract TIP#7 Rainier Avenue Improvements TIP#8 Hardie Ave. SW Transit/Multimodal Improvements TIP#3 SW 27th Street/Strander Boulevard Connection Recommended Action: Approvals: Legal Dept X Refer to Transportation Committee Finance Dept Other Fiscal Impact: Account Number(s) (See Issue Paper for full information) Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated $2.53M Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Due to an approximate $18.9M surplus in Sound Transit's account for the I-405 North 8th Direct Access Ramps project,Renton and Sound Transit agreed to reprogram this surplus into other transit projects in the Renton area. The three Renton projects Sound Transit agreed to fund are: Hardie Avenue SW, Rainier Avenue South, and SW 27th Street/Strander Boulevard. Approval of this interlocal agreement will release initial funds to complete preliminary engineering and environmental documentation work($2,530,000 combined for all three projects). Upon completion of this work(representing 30%design)a second interlocal agreement will release the remaining funds for right-of-way acquisition,final design and construction ($16,370,000 combined for all three projects). STAFF RECOMMENDATION: Approve the resolution and authorize the Mayor and City Clerk to enter into the interlocal agreement with Sound Transit to release their initial funding contribution for the Rainier Avenue South, Hardie Avenue SW,and SW 27th Street/Strander Boulevard projects. H:Trans/Admin/Agenda Bill 2006/ST ILA_Agenda Bill C.)tiY 0 PLANNING/BUILDING/ • 41 , PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: April 10, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: J(1, Kathy Keolker, Mayor FROM: Gregg Zimmermaia? iinistrator STAFF CONTACT: Nathan A. Jones, Transportation Planning Project Manager (x7217) SUBJECT: Sound Transit Interlocal Agreement for Funding Rainier Avenue South, Hardie Avenue SW, and SW 27th Street/Strander Boulevard Projects ISSUE: Should Council authorize the Mayor and City Clerk to enter into an agreement with Sound Transit to release their initial funding contribution for the Rainier Avenue South, Hardie Avenue SW, and SW 27th Street/Strander Boulevard projects? RECOMMENDATION: Approve the resolution and authorize the Mayor and City Clerk to enter into the interlocal agreement with Sound Transit to release their initial funding contribution for the Rainier Avenue South, Hardie Avenue SW, and SW 27th Street/Strander Boulevard projects. BACKGROUND: The City of Renton, as part of Sound Transit's Sound Move, agreed to receive high-occupancy vehicle(HOV) direct access ramps in the vicinity of I-405 and North 8th Street. This project is currently on hold pending the construction of mainline I-405 improvements in this segment(a WSDOT project that is still unfunded). There is a surplus in Sound Transit's account for the direct access project. In 2005,Renton and Sound Transit agreed to distribute the extra funds ($18.9 million)and reprogram this into other transit projects in Renton, as depicted in the following table. The three Renton projects Sound Transit agreed to fund are Hardie Avenue SW, Rainier Avenue South, and SW 27th Street/Strander Boulevard. `'fir Randy Corman,Council President Members of the Renton City Council Page 2 of 3 April 10,2006 Projects 2006-2011 TIP Sound Transit Renton Unfunded Cost Estimate Contribution Contribution* SW 27th $50,532,727* $4,000,000 $15,000,000 $25,000,000* Street/Strander TIP#3 Rainier Avenue $6,310,000 $3,000,000 $3,210,000 All funding S 4th P1—S 2nd exists, but Renton Street is responsible for TIP#7 any overruns Hardie Ave SW $15,337,000 $11,900,000 $3,437,000 All funding Sunset Blvd— exists, but Renton Rainier Ave is responsible for TIP#8 any overruns * Project scope * Includes grants, * Based on adjustment/cost mitigation in- $44,000,000 total is now hand,bonds, project cost this $44,000,000 business license phase $65,647,000* fees, etc. TOTALS: TIP $72,179,727 $18,900,000 $21,647,000 $25,000,000* Nod The project on Hardie Avenue SW from Sunset Boulevard to Rainier Avenue South(account #317.012502) consists of constructing north and southbound business access and transit(BAT) lanes and center medians, replacement and widening of the Burlington Northern Santa Fe (BNSF)Railroad Bridge, and installation of a transit-only signal at the intersection of Hardie Avenue SW and Rainier Avenue South. The project also includes roadway reconstruction and general-purpose traffic and safety improvements. The second Renton project, located on Rainier Avenue South from South 2nd Street to South 4th Place (account#317.012501), consists of building circulation improvements, adding access control elements, reconstructing sidewalks, installing bus stop enhancements, and constructing an eastbound transit queue jump at the South 3`1 Street/SW Sunset Boulevard and Rainier Avenue South intersection with a transit signal priority system. The final Renton project being partially funded by Sound Transit is the SW 27th Street/Strander Boulevard Connection project(account#317.012239). The location of this $44 million project is along SW 27th Street in Renton and Strander Boulevard in Tukwila from West Valley Highway to Oakesdale Avenue SW. Project improvements include: building a new five-lane roadway between Renton City Limits to Oakesdale Avenue SW;realigning railroad tracks to allow for a single span bridge; and building a new five-lane roadway and bridge over the BNSF and Union Pacific railroad tracks to connect Strander Boulevard in Tukwila and SW 27th Street in Renton. H:\Division.s\TRANSPOR.TAT\ADMIN\Agenda 2006\ST_ILA_issue paper.doc Randy Corman,Council President Members of the Renton City Council Page 3 of 3 April 10,2006 The transit elements of this project include transit queue jump improvements at the intersections of SW 27th Street with the Boeing access road, Oakesdale Avenue SW, and Lind Avenue SW, plus construction of curb and gutters, landscaped planters and median strips, sidewalks and a shared-use pathway. This initial agreement releases $2.5 million to fund the design work for Rainier and Hardie Avenue projects and $30,000 to complete environmental documentation work needed for the SW 27th Street/Strander Boulevard project related to the transit improvements included within that project. Sound Transit will release subsequent funding (for a total of$18.9 million) once the preliminary engineering and environmental documentation stage is complete, which represents 30% design. A second interlocal agreement will be required to release the funding for final design and construction once Sound Transit approves the preliminary designs. ITEMS TO NOTE: The total cost of all three projects is: $65,647,000 The total Sound Transit contribution will be: $18,900,000 ➢ The City pays for all cost increases, and cannot reduce the Sound Transit scope to lower costs (3.2). ➢ The City agrees to pay $3,437,000 towards Hardie, $3,310,000 to Rainier, and the remaining cost of the SW 27th Street/Strander Boulevard project, and to complete these projects (3.1). ➢ Sound Transit will not be obligated to make a contribution if the City fails to fulfill funding obligations (3.3.2). ➢ Transit use of these improvements will be preserved for 40 years (11.1) and Sound Transit will be reimbursed if functional use of transit improvements changes (11.2). ➢ Sound Transit expects Rainier and Hardie to be built within 3.5 years after execution of this agreement (5.2.2). ➢ Sound Transit expects SW 27th Street/Strander Boulevard Phase 1 to be built by 2012 (5.2.1). cc: Peter Hahn,Deputy Administrator Rich Perteet,Interim Transportation Design,Planning and Programming Supervisor Nathan Jones,Transportation Planning Project Manager Constance Brundage,Transportation Administrative Secretary New H\Division.s\TRANSPOR.TAT\ADMIN\Agenda 2006\ST_ILA_issue paper.doc CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY AND THE CITY OF RENTON, FOR THE STRANDER BLVD/SW 27TH STREET EXTENSION: WEST VALLEY HIGHWAY TO OAKESDALE AVENUE SW PROJECT, AND THE RAINIER/HARDIE AVENUE ARTERIAL IMPROVEMENTS PROJECT. WHEREAS, Sound Transit is a governmental entity vested with all powers necessary to implement a high capacity transportation system within its boundaries in King, Pierce, and Snohomish Counties as provided in RCW 81.104 and 81.112; and WHEREAS, Sound Transit and the City of Renton recognize the need to collaborate on the design and development of transit improvements to effectively and efficiently provide bus service to the City and the surrounding area; and WHEREAS,constructing and operating transit improvements within the region is a complex task, requiring maximum cooperation and efficient use of resources between the parties, and the parties recognize the efficiencies and economies inherent in jointly designing and constructing the transit improvements funded by Sound Transit, contemporaneously with general purpose improvements funded by the City; and WHEREAS,the City and Sound Transit agreed to jointly pursue the implementation plan for certain transit and HOV improvements by letter dated April 19, 2005, from Sound Transit Board Chair John Ladenburg to Mayor Kathy Keolker-Wheeler of Renton and Mayor Steve Mullet of Tukwila; and 1 RESOLUTION NO. WHEREAS,the Strander Boulevard/SW 27th Extension: West Valley Highway to Noe Oakesdale Ave S.W. Project, which includes transit queue jump improvements at the intersections of SW 271 Street with the Boeing access, Oakesdale Avenue SW and Lind Avenue SW, will have quantifiable benefits to transit in improving transit speed and reliability, specifically to the nearby Sound Transit Sounder Tukwila Station; and WHEREAS,the Rainier/Hardie Avenue Arterial Improvements Project will allow Sound Transit and King County Metro express bus service to bypass the heavily congested Rainier Avenue and achieve a significant time saving in both the northbound and southbound directions; and WHEREAS,pursuant to the April 19, 2005, Letter of Intent, Sound Transit is willing to contribute a fixed amount of$4 million to the City's Strander Boulevard/SW 27th Street Extension: West Valley Highway to Oakesdale Ave S.W. Project, which amount includes a proportional share of the cost of the frontage improvements($2.7 million)and a contribution to the transit queue jump lanes at Lind, Oakesdale, and the Boeing access road($1.3 million); and WHEREAS,pursuant to the April 19, 2005, Letter of Intent, Sound Transit is willing to contribute the fixed amount of$14.9 million for transit improvements on Rainier Avenue and Hardie Avenue; and WHEREAS,it is necessary to set forth the terms to provide for the funding of the preliminary engineering and environmental documentations of the transit improvements to be constructed by the City of Renton in connection with the Strander Boulevard/SW 27th Street Extension: West Valley Highway to Oakesdale Project and the Rainier/Hardie Avenue Arterial Improvements Project(the"Project" or"Projects"). This Agreement will outline the scope, schedule and budget for a future interlocal funding agreement to be executed between the parties 2 RESOLUTION NO. that will provide the remaining Sound Transit funding for the three(3)remaining phases of work for the completion of the transit elements of the Projects by the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION L The above findings are true and correct in all respects. SECTION IL The Mayor and City Clerk are hereby authorized to enter into the Interlocal Cooperative Agreement between the Central Puget Sound Regional Transit Authority and the City of Renton, for the Strander Blvd/SW 27th Street Extension: West Valley Highway to Oakesdale Ave. SW Project, and the Rainier/Hardie Avenue Arterial Improvements Project. PASSED BY THE CITY COUNCIL this day of , 2006. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2006. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1164:3/13/06:ma 3 %we INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY AND THE CITY OF RENTON Strander Boulevard/SW 27thStreet Extension: West Valley Highway to Oaksdale Ave S.W. Project and Rainier/Hardie Avenue Arterial Improvements Project THIS Agreement is made this day of , 2006 between the Central Puget Sound Regional Transit Authority(hereinafter referred to as "SOUND TRANSIT" or "ST") and the City of Renton, a municipal corporation("Renton" or"City"). RECITALS WHEREAS, the City is a municipal corporation with all powers necessary to construct public improvements within its jurisdiction; Now WHEREAS, Sound Transit is a governmental entity vested with all powers necessary to implement a high capacity transportation system within its boundaries in King, Pierce, and Snohomish Counties as provided in RCW 81.104 and 81.112; and WHEREAS, Sound Transit is authorized by the voters to implement Sound Move, a plan for regional high-capacity transit, which includes new facilities and services including in part Regional Express Bus and HOV Systems, new regional bus routes operating predominately on the state's high-occupancy-vehicle lanes, the construction of special HOV access ramps to the freeway HOV- lane network, and numerous transit facilities such as transit centers and park and ride lots; and WHEREAS, Sound Transit and the City recognize the need to collaborate on the design and development of transit improvements to effectively and efficiently provide bus service to the City of Renton and the surrounding area; and WHEREAS, constructing and operating transit improvements within the region is a complex task, requiring maximum cooperation and efficient utilization of resources between the parties, and the parties recognize the efficiencies and economies inherent in jointly designing and constructing the transit improvements funded by Sound Transit contemporaneously with general purpose improvements funded by the City; and WHEREAS, the City and Sound Transit agreed to jointly pursue the implementation plan for certain transit and HOV improvements by letter dated April 19, 2005, from Sound Transit Board H:\TRANS\PLNG\NATE\ST ILA Strander Hardie PEED 4-03-06redl prop trnsf.doclLA Strander Hardie PEED 3-31-06redI prop trnsfdoclLA Strander Hardie PEED 3- 23-06cleanfinal.doc 1 Chair John Ladenburg to Mayor Kathy Keolker-Wheeler of Renton and Mayor Steve Mullet of Tukwila(April 19, 2005 Letter ofIntent); and Nig WHEREAS, the City has obtained an agreement in principle with Union Pacific(UP) for the relocation of the UP track to the east alongside Burlington Northern Santa Fe(BNSF) tracks thereby allowing Strander Boulevard to cross over the combined tracks, and the relocation of the UP track alongside the BNSF tracks allows Sound Transit to redesign its access to Tukwila Station to eliminate the direct access from Strander Boulevard and to remove the queue jump from its design and thereby achieve significant Project cost reductions; and WHEREAS, the Strander Boulevard/SW 27th Extension: West Valley Highway to Oaksdale Ave S.W. Project which includes transit queue jump improvements at the intersections of SW 27th Street with the Boeing access, Oakesdale Avenue SW and Lind Avenue SW will have quantifiable benefits to transit in improving transit speed and reliability, specifically to the nearby Sound Transit Sounder Tukwila Station; and WHEREAS, the City will complete the environmental review and documentation, and Sound Transit will rely on the City's environmental review in authorizing funding consistent with this Agreement; and WHEREAS, the City desires to serve as the lead agency for the design and construction of the Strander Boulevard/SW 27th Street Extension: West Valley Highway to Oaksdale Ave S.W. Project within the City's jurisdiction; and WHEREAS, the Rainier/Hardie Avenue Arterial Improvements Project will allow Sound Transit and King County Metro express bus service to bypass the heavily congested Rainier Avenue and achieve a significant time saving in both the northbound and southbound directions; and WHEREAS, the City of Renton desires to serve as the lead agency for the design and construction of the Rainier/Hardie Avenue Arterial Improvements Project; and WHEREAS, the transit and general purpose improvements in both the Strander Boulevard /SW 27th Street Extension: West Valley Highway to Oaksdale Ave S. W. Project and the Rainier/Hardie Avenue Arterial Improvements Project are supported by the Renton City Council and endorsed by Sound Transit; and WHEREAS, pursuant to the April 19, 2005 Letter of Intent, Sound Transit is willing to contribute a fixed amount of$4 million to the City's Strander Boulevard/SW 27th Street Extension: West Valley Highway to Oaksdale Ave S.W. Project which amount includes a proportional share of the cost of the frontage improvements ($2.7 million) and a contribution to the transit queue jump lanes at Lind, Oakesdale, and the Boeing access road($1.3 million); and WHEREAS, pursuant to the April 19, 2005 Letter of Intent, Sound Transit is willing to contribute the fixed amount of $14.9 million for transit improvements on Rainier Avenue and Hardie Avenue; H:\TRANS\PLNG\NATE\ST ILA Strander Hardie PEED 4-03-06redl prop trnsf.docILA Strander Hardie PEED 3-31-06redl prop trnsfdoclLA Strander Hardie PEED 3- 23-06cleanfinat.doc 2 NOW THEREFORE, in consideration of the above premises, the parties wish to enter into this Agreement to provide for funding for the preliminary engineering and environmental documentation of the projects and to establish principles and purposes to be adopted in one or more future interlocal funding agreements to be executed by the parties for the Strander Boulevard/SW 27th Street Extension Project and the Rainier/Hardie Avenue Arterial Improvements Project. 1. PURPOSE This Agreement will provide for the funding of the preliminary engineering and environmental documentations of the transit improvements to be constructed by the City of Renton in connection with the Strander Boulevard/SW 27th Street Extension: West Valley Highway to Oaksdale Project and the Rainier/Hardie Avenue Arterial Improvements Project(the"Project" or"Projects"). This Agreement will outline the scope, schedule and budget for a future interlocal funding agreement to be executed between the parties that will provide the remaining Sound Transit funding for the three (3) remaining phases of work for the completion of the transit elements of the Projects by the City. 2. COOPERATION AND GOOD FAITH EFFORTS 2.1 Both parties acknowledge that the success of the regional transportation program requires their willingness to work collaboratively to achieve the goals and objectives articulated in this Agreement. The Parties understand and agree that the process described in this Agreement depends upon timely and open communication and cooperation between the Parties. In this regard, communication of issues, changes, or problems that arise with regard Now to any aspect of the work should occur as early as possible in the process, and not wait for explicit due dates or deadlines. Each party agrees to work cooperatively and in good faith toward resolution of any such issues. 2.2 The Parties acknowledge that this Agreement contemplates the execution and delivery of a number of future documents and instruments, the final form and contents of which are not presently determined. The Parties agree to provide the necessary resources and to work in good faith to develop the final form and contents of such documents and instruments, and to execute and deliver the same promptly. H:\TRANS\PLNG\NATE\ST ILA Strander Hardie PEED 4-03-06redl prop trnsf.doclLA Strander Hardie PEED 3-31-06redl prop trns£doclLA Strander Hardie PEED 3- 23-06cleanfinai doc 3 481116, 3. GENERAL FUNDING APPROACH 3.1 Sound Transit Funding Commitment 3.1.1 Strander Boulevard/SW 27th Street Extension: West Valley Highway to Oaksdale Ave S.W. Project Funding. As previously agreed to by letter dated April 19, 2005, Four Million Dollars ($4,000,000) will be the maximum amount of the Sound Transit funding contributions to City of Renton for completion of the Transit Elements in the Strander Boulevard/SW 27th Street Extension: West Valley Highway to Oaksdale Ave S.W. Project, including the preliminary engineering, environmental documentation, final design, right of way acquisition, and construction of the Transit Elements by the City of Renton. However, if there is a change in project scope that results in significant additional transit benefit or in Sound Transit policies,the City may propose and Sound Transit may consider an additional investment in the re-defined project. In this Agreement Sound Transit will initially provide the maximum amount of thirty thousand dollars ($30,000) for completion of the preliminary engineering and environmental documentation for the Transit Elements described below for the Strander Boulevard/SW 27th Street Extension: West Valley Highway to Oaksdale Ave S.W. Project. 3.1.2 Rainier/Hardie Avenue Arterial Improvements Project Funding. As previously agreed to by letter dated April 19, 2005, Fourteen Million Nine Hundred Thousand dollars ($14,900,000) will be the maximum amount of the Sound Transit funding contributions to City of Renton for completion of all the Transit Elements in the Rainier/Hardie Avenue Ned Arterial Improvements Project, including the preliminary engineering, environmental documentation, final design, and construction of the Transit Elements by the City of Renton. In this Agreement, Sound Transit will initially provide the maximum amount of Two Million Five Hundred Thousand Dollars ($2,500,000) for completion of the preliminary engineering and environmental documentation for the Transit Elements described below for the Rainier/Hardie Avenue Arterial Improvements Project. 3.1.3 Remaining ST Funding. The remaining portion of Sound Transit's funding for the right- of-way acquisition, final design and construction of the Transit Elements of each of these Projects will be provided under separate interlocal agreements for final design and construction which will incorporate terms and conditions consistent with this Agreement and other terms appropriate for these phases of the work. 3.2 City Funding Commitment. All remaining funding for the two Projects, including the preliminary engineering and environmental documentation, and final design, right of way acquisition, and construction of the City's Projects will be provided by the City through City funds or other funding obtained by the City. If the actual costs exceed the City's estimates for the two Projects, Sound Transit shall not be obligated to increase its contribution under this Agreement. If the total Project costs exceed the available matching funding from the City or other sources, the City may reduce the scope of the general purpose improvements, H:\TRANS\PLNG\NATE\ST ILA Strander Hardie PEED 4-03-06red1 prop trnsfdoclLA Strander Hardie PEED 3-31-06redl prop IrnsfdocILA Strander Hardie PEED 3- 23-06cleanfinal.doc 4 but in no event shall the City reduce the size and scope of the Transit Elements, unless written approval is received from Sound Transit. 3.3 Funding Principles. The Parties agree that the following principles apply to this Agreement and any subsequent funding agreement executed by the parties: 3.3.1 The April 19, 2005, Letter of Agreement between Sound Transit, the City of Renton and the City of Tukwila establishes Sound Transit's maximum funding obligation for the current project scope consistent with Sound Transit policies for the Strander Boulevard/SW 27th Street Extension: West Valley Highway to Oaksdale Ave S.W. Project and the Rainier/Hardie Avenue Arterial Improvements Project, including preliminary engineering, environmental documentation, final design, and the construction phase of both Projects. 3.3.2 Sound Transit will not be obligated to make any contribution if the City fails to fulfill its funding obligations for design and environmental review under this Agreement. 3.3.3 Sound Transit will not be obligated to make its contributions if the City substantially changes the Transit Elements without Sound Transit's written consent. 3.3.4 Any cost savings achieved by the City in completing the Transit improvements will be applied to reduce Sound Transit's funding commitment under this Agreement or for the Strander Boulevard/SW 27th Street Extension: West Valley Highway to Oaksdale Ave S.W. Project and Rainier/Hardie Avenue Arterial Improvements Project, unless additional, mutually agreeable, transit supportive capital improvements are identified. 4. SCOPE AND SCHEDULE 4.1. Scope 4.1.1 Strander Boulevard/SW 27th Street Extension: West Valley Highway to Oaksdale Ave S. W. Project: General Project Scope Description. The Strander Boulevard/SW 27th Street Extension Project is located within Renton City limits on SW 27th Street and Tukwila City limits on Strander Boulevard. The Project includes the design and construction of a new east-west arterial roadway that will connect the cities of Renton and Tukwila, and provide significant congestion relief to existing arterials. The anticipated Project scope includes building a new five-lane arterial from West Valley Highway to Oakesdale Avenue SW, including a grade-separated crossing of the Union Pacific and the Burlington Northern Santa Fe railroad tracks, widening SW 27th Street from Oakesdale Avenue SW to East Valley Road, and building three queue jump improvements at the intersections of SW 27th Street with the Boeing access, Oakesdale Avenue SW and Lind Avenue SW. The Project will also include construction of curb and gutters, landscape planter/median strips, sidewalk and a shared-use pathway. The Project will include the Transit Elements defined below, and will have quantifiable benefits to transit in improving transit speed and reliability, specifically to the nearby Sound Transit H:\TRANS\PLNG\NATE\ST ILA Strander Hardie PEED 4-03-06redl prop trnsfdocILA Strander Hardie PEED 3-31-06redl prop trns£docILA Strander Hardie PEED 3- 23-06cleanfinal.doc 5 Sounder Tukwila Station. 4.1.2 Rainier/Hardie Avenue Arterial Improvements Project: General Project Scope, Description. The Rainier/Hardie Avenue Arterial Improvements Project is located within the Renton City limits on Hardie Avenue SW from SW Sunset Boulevard to Rainier Avenue South and on Rainier Avenue South from the intersection of South 2nd Street to the vicinity of the intersection of South 4th Place. The Project will include the design and construction of north and southbound business access and transit(BAT) lanes on Hardie Avenue SW that will allow Sound Transit and King County Metro express bus service to bypass the heavily congested Rainier Avenue. In order to accommodate additional lanes on Hardie Avenue SW, the existing BNSF railroad bridge will need to be rebuilt and widened. Additionally, a northbound transit-only signal will be installed for transit moving from Rainier Avenue South onto Hardie Avenue SW. Sidewalks and planting strips all along Hardie Avenue SW will also need to be rebuilt with accommodations for bicycle and non-motorized travel. The access to the Renton Fred Meyer at the current intersection of Hardie/Langston/Sunset Boulevard SW will also need to be revised. Rainier Avenue South will receive a transit queue jump across Rainier Avenue South at the intersection of South 3rd Street(Sunset Boulevard SW), improved transit rider facilities (benches, shelters, information kiosks, etc.), landscaped medians, vehicle left-turn restrictions, widened sidewalks (including new planter strips and pedestrian scale lighting), and textured, colored pavement at key intersections and pedestrian crossings. 4.2 Renton's Responsibility. As lead agency, Renton will cause to be completed the preliminary engineering and the environmental documentation for the two projects described in Section 4.1 and will supply the additional funding for all remaining costs of the preliminary engineering and environmental documentation associated with each of the projects. It is anticipated that Renton will be the lead agency for the final design, right-of- way acquisition, construction management, and construction phases of each Project. 4.3 Transit Elements 4.3.1 Strander Boulevard/SW 27th Street Extension: West Valley Highway to Oaksdale Ave S.W. Project—Transit Elements. The City will incorporate the following transit improvements (hereinafter"Transit Elements") into its preliminary engineering and environmental documentation of the Strander Boulevard/SW 27th Street Extension: West Valley Highway to Oaksdale Ave S.W. Project: • Queue jump improvements to three intersections: o SW 27th Street and the Boeing access road o SW 27th Street and Oakesdale Avenue SW o SW 27th Street and Lind Avenue SW H:\TRANS\PLNG\NATE\ST ILA Strander Hardie PEED 4-03-06redl prop trnsfdocILA Strander Hardie PEED 3-31-06redl prop trns£docILA Strander Hardie PEED 3- 23-06cleanfinal.doc 6 • Frontage improvements on a new east-west arterial roadway connecting the cities of Noe Renton and Tukwila providing, a new route to access the Sound Transit Sounder- Tukwila Station from the east regions of Renton. 4.3.2 Rainier/Hardie Avenue Arterial Improvements Project—Transit Elements. The City will incorporate the following Transit Elements into its preliminary engineering and environmental documentation of the Rainier/Hardie Avenue Arterial Improvements Project: • Business access and transit lanes on Hardie Avenue SW • A transit-only signal at the intersection of Hardie Avenue SW and Rainier Avenue South • A transit queue jump for the eastbound movement at Rainier Ave and S. 31C Street • Upgraded bus stops and improved rider access to existing bus stops. 4.4 Preliminary Engineering/Environmental Documentation 4.4.1 Strander Boulevard/SW 27th Street Extension: West Valley Highway to Oaksdale Ave S.W. Project. In consideration for Sound Transit's funding contribution of Thirty Thousand Collars ($30,000) under this agreement for the Strander Boulevard/SW 27th Street Extension: West Valley Highway to Oaksdale Project, Renton will cause to be completed the preliminary engineering and environmental documentation for the Transit Elements of that Project. Renton shall be the lead agency responsible for completing the SEPA and NEPA documentation for the Transit Elements and will incorporate it into the environmental documentation for the Project. 4.4.2 Rainier/Hardie Avenue Arterial Improvements Project. In consideration for Sound Transit's funding contribution of Two Million Five Hundred Thousand Dollars ($2,500,000) under this Agreement for the Rainier/Hardie Avenue Arterial Improvements Project, Renton will cause to be completed the preliminary engineering and environmental documentation for the Transit Elements of that Project. Renton shall be the lead agency responsible for completing the SEPA and NEPA documentation for the Transit Elements, and will incorporate it into the environmental documentation for the Project. 4.5 Final Design, Right-of-Way Acquisition and Construction. It is anticipated that upon the completion of final design and environmental documentation for the projects described in Section 4.1 and upon the execution of one or more interlocal agreements for final design and construction, Renton will complete the final design, right-of-way acquisition, and construction phases of the two projects. The proposed Project schedules for completion of the Transit Elements of each Project will be based on the design and construction of certain phases and segments of the Strander Boulevard/SW 27th Street Extension: West Valley Highway to Oaksdale Ave S. W. Project or the Rainier/Hardie Avenue Arterial Improvements Project. The queue jump improvements at Oakesdale Avenue SW and Lind Avenue SW will be done as part of Phase 2 of the SW 27th Street/Strander Boulevard Extension Project. The queue jump improvement at the Boeing Access and the frontage improvements will be done as part of Phase 1, Segment 2 of the SW 27th Street/Strander Boulevard Extension Project. H:\TRANS\PLNG\NATE\ST ILA Strander Hardie PEED 4-03-06redl prop trnsfdoclLA Strander Hardie PEED 3-31-06redl prop trnsfdoclLA Strander Hardie PEED 3- 23-06cleanfinal.doc 7 4.6 Schedule for Completion of Preliminary Engineering and Environmental Documentation 4.6.1 Strander Boulevard/SW 27th Street Extension: West Valley Highway to Oaksdale Ave S.W Project. The preliminary engineering and environmental documentation for the Transit Elements (transit queue jumps) of the Strander Boulevard/SW 27th Street Extension: West Valley Highway to Oaksdale Ave S. W. Project shall be completed by Renton within one year of the execution of this Agreement. This is considered by Sound Transit to represent 30% design plans. 4.6.2 Rainier/Hardie Avenue Arterial Improvements Project. The preliminary engineering and environmental documentation for the Transit Elements of the Rainier/Hardie Avenue Arterial Improvements Project shall be completed by Renton within one year of the execution of this Agreement. This is considered by Sound Transit to represent 30% design plans. 5. FUNDING PHASES 5.1 Preliminary Engineering and Environmental Documentation 5.1.1 Strander Boulevard/SW 27th Street Extension: West Valley Highway to Oaksdale Ave S.W. Project. Sound Transit will fund the preliminary design and environmental documentation for the Transit Elements of the Strander Boulevard/SW 27th Street Extension: West Valley Highway to Oaksdale Ave S. W. Project in the amount of thirty thousand dollars ($30,000) to be paid pursuant to the provisions of this Agreement. Sound Transit's funding contribution for the preliminary design and environmental documentation for the Transit Elements will not exceed $30,000 for the Strander Boulevard/SW 27th Street Extension Project. 5.1.2 Rainier/Hardie Avenue Arterial Improvements Project. Sound Transit will fund the preliminary design and environmental documentation for the Transit Elements of the Rainier/Hardie Avenue Arterial Improvements Project in the amount of two million five hundred thousand dollars ($2,500,000). 5.1.3. City. The City of Renton shall be responsible for all costs over and above the Sound Transit contribution related to the preliminary design and environmental documentation work for the Projects. 5.2 Final Design and Construction Phase 5.2.1 Strander Boulevard/SW 27th Street Extension Project. Upon completion of the preliminary engineering and environmental documentation Sound Transit will seek Board budget authorization to fund the final design,right-of-way acquisition and construction of the Transit Elements of each of the Projects in the maximum amount of Three Million Nine Nundred and Seventy Thousand Dollars ($3,970,000) for the Strander Boulevard/SW 27th Street Extension Project, of which $1,348,000 will fund the queue jump improvements, and H:\TRANS\PLNG\NATE\ST ILA Strander Hardie PEED 4-03-06redI prop trnsf.doctLA Strander Hardie PEED 3-31-06redl prop trnsfdocILA Strander Hardie PEED 3- 23-06cleanfinal.doc 8 Two Million Six Hundred Twenty-Two Dollars ($2,622,000) will be the Sound Transit Nimpe contribution to frontage improvements. Sound Transit's funding contribution for the right- of-way acquisition, final design and construction of the Transit Elements for the Strander Boulevard/SW 27th Street Extension: West Valley Highway to Oaksdale Ave S. W. Project will not exceed Three Million Nine Hundred Seventy Dollars ($3,970,000). Sound Transit's contribution of construction funds to Renton shall be conditioned upon the completion of the relocation of the UP track to the east alongside Burlington Northern Santa Fe (BNSF) tracks thereby allowing Strander Boulevard to cross over the combined tracks. The proposed schedule for completion of the final design, right-of-way acquisition and construction for the Strander Boulevard/SW 27th Street Extension: West Valley Highway to Oaksdale Ave S. W. Project is: Phase 1, Segment 1 Final Design: 4th Quarter 2004—3rd Quarter 2005 Construction: 3rd Quarter 2005—2nd Quarter 2006 Phase 1, Segment 2 Final Design: 2nd Quarter 2007—4th Quarter 2008 Construction: 1st Quarter 2009—2nd Quarter 2012 Phase 2 Final Design/Right-of-Way Acquisition: Construction: 4tn Quarter 2009—2nd Quarter 2011 5.2.2 Rainier/Hardie Avenue Arterial Improvements Project. Sound Transit's funding contribution for the right-of-way acquisition, final design and construction of the Transit Elements for the Rainier/Hardie Avenue Arterial Improvements Project will not exceed Twelve Million Four Hundred Dollars ($12,400,000). The proposed schedule for completion of the final design, right-of-way acquisition and construction for the Hardie Avenue SW/Rainier Avenue South Project is: Final Design: Completed within a year after the PE/ED is completed(or two years after this Agreement is executed). Right-of-Way Acquisition: Completed within a year after the PE/ED is completed (or two years after this agreement is executed); this phase will be conducted simultaneously with Final Design work. Construction: To start within two years of the execution of this agreement and completed within a year and a half(Hardie and Rainier will be completed within three and a half years of execution of this Agreement). H:\TRANS\PLNG\NATE\ST ILA Strander Hardie PEED 4-03-06red1 prop trnsfdocLLA Strander Hardie PEED 3-31-06redl prop trnsfdocLLA Strander Hardie PEED 3- 23-06cleanfinal.doc 9 5.2.3 Transfer of Sound Transit Property. Sound Transit will convey to the City of Renton 7,82() sq. ft. of property currently owned by Sound Transit for the purpose of constructing Nue supporting structures for the bridge as part of the Strander Boulevard/SW 27th Street Extension: West Valley Highway to Oaksdale Ave S. W. Project. The value of the Sound Transit property is $18 per square foot for a total value of$140,760 for 7,820 sq. ft. The actual amount of square footage to be transferred to the City will he determined at the time the bridge design is finalized. The value of the property actually transferred to the City will be calculated on the basis of$18/sq. ft. The value of the actual property transferred to the City will be applied to reduce any invoiced amount submitted by the City under this Agreement, and the total amount of Sound Transit's funding contribution under section 3.1.1 ($4 million) will be reduced by the value of the actual property transferred. 5.2.3 Transfer of Sound Transit Property. Sound Transit will convey a permanent easement to the City of Renton for the use of up to 7,820 sq. ft. of property currently owned by Sound Transit for the purpose of constructing supporting structures for the bridge as part of the Strander Boulevard/SW 27th Street Extension: West Valley Highway to Oaksdale Ave S. W. Project. At the time of the final bridge design, the actual square footage of the permanent easement to be conveyed to the City will be established, and the consideration for the permanent easement will be calculated at$18 per square foot for a total of $140,760 for 7,820 sq. ft. The consideration established for the permanent easement will be applied to reduce any invoiced amount submitted to Sound Transit under this Agreement, and the total amount of Sound Transit's funding contribution under Section 3.1.1 ($4 million) will be reduced by that consideration. Sound Transit property disposition policies shall apply to transfers of any other easements or property interests. 5.2.4 Future Interlocal Agreements. The parties will execute subsequent interlocal agreements to provide the remaining Sound Transit funding for the remaining three phases of the work : final design, right-of-way acquisition, and construction. The parties anticipate that funding under the subsequent interlocal agreements for the final design and right-of-way acquisition phase of each Project, and for the construction phase of the Projects will be provided through periodic funding contributions based on the completion of project milestones in amounts to be agreed upon by the Parties under the funding principles of Section 3. The City of Renton shall be responsible for all remaining costs over and above the Sound Transit contribution for the final design, right-of-way acquisition, and construction costs for each Project. The parties anticipate that the final design and construction agreement will provide for payment of the Sound Transit contribution in the form of monthly funding contributions upon the completion of project milestones established by the parties within the remaining three phases of the work: final design, right-of-way acquisition, and construction. 6. SOUND TRANSIT PROJECT PARTICIPATION H:\TRANS\PLNG\NATE\ST ILA Strander Hardie PEED 4-03-06redl prop trns{docILA Strander Hardie PEED 3-31-06redI prop trnsfdoclLA Strander Hardie PEED 3- 23-06cleanfinal.doc 10 6.1 Review—Preliminary Engineering. Renton will provide its preliminary engineering Nose Project plans and environmental documentation (30%plans) to Sound Transit for review and comments. Sound Transit will be co-lead on each Project's environmental documentation with the City of Renton as the nominal lead. 6.2 Review—Final Design. It is anticipated that Sound Transit will provide review of the final design and right-of-way plans, and provide coordination with construction management review staff when the Projects proceed to the final design and construction phases. Sound Transit also will review the 60%, 90%, and 100%plans, as well as the Invitation for Bids. 7. CITY OF RENTON RESPONSIBILITIES FOR PROJECT COMPLETION 7.1 Final Design and Construction Phases. Following the completion of preliminary engineering and environmental documentation for both Projects, and upon approval of such documentation by the City Council and the Sound Transit Board which will not be unreasonably withheld, and upon the execution of one or more interlocal agreements between the parties for final design, right-of-way acquisition, and construction of the Transit Elements, Renton will proceed with the final design, right-of-way acquisition, and construction phase for the Projects. Renton's anticipated responsibilities for completion of the remaining phases of the Projects are as described below. A. Final Design Phase Upon execution of an interlocal agreement and approval of the funding of the final design and construction of the Transit Elements by the Sound Transit Board, and upon City Council approval of the applicable interlocal agreements, Renton will commence the following activities: • Complete final design. • Respond to Sound Transit's plan review comments within six weeks of receipt by the City. • Provide a hard copy and electronic copy of the 60%, 90%, 100%plan sheets and the Invitation for Bid (IFB) submittal, including the engineer's estimates, to Sound Transit. • Process the monthly progress payments by the Consultant. • Provide monthly invoices to Sound Transit for transit-related element costs. • Provide monthly status reports to Sound Transit. • Provide day-to-day management of the bidding phase including collection, distribution and responses to request for information, bid openings and bid evaluations. Within two weeks of receipt of the plans, Sound Transit will review and submit to the City its comments on a hard copy and electronic copy of the 60%, 90%, 100% and IFB submittal including the engineer's estimates. Sound Transit will provide an electronic comment form, which will be used during the comment and response period. H:\TRANS\PLNG\NATE\ST ILA Strander Hardie PEED 4-03-06redl prop trnsfdocILA Strander Hardie PEED 3-31-06redl prop trnsfdoclLA Strander Hardie PEED 3- 23-06cleanfinal.doc 11 B. Permitting and Environmental Documentation The City shall be the lead agency responsible for completing all environmental documentation required by the State Environmental Policy Act(SEPA) or the National Environmental Policy Act(NEPA) if federal funds are obtained. Both Sound Transit and The City of Renton will sign the environmental documents. The City will be solely responsible for obtaining all permits for the Project. The Project improvements that are located within City of Renton right-of-way will be permitted in accordance with City of Renton guidelines and regulations. Renton will establish the most expeditious strategy for completing all necessary permits and approvals required for those Project elements located within City of Renton right-of-way, subject to its land use and environmental requirements. The Project improvements that are located within State right-of-way will be permitted in accordance with State regulations and procedures in effect. C.Real Estate Acquisition Renton will assume ownership or accept right-of-way dedication for all properties for the Projects or will have ownership or the required rights conveyed to the City of Tukwila in the case of Strander Boulevard. Renton will be responsible for identifying and acquiring the parcels required for the Project. Sound Transit will provide staff review of surveys for proposed real estate acquisitions, if requested by the City. D. Utility Relocation Renton exercises its municipal powers to the fullest extent to cause all utilities in the public right-of-way to be relocated as necessary for the construction of Project improvements, and Renton shall coordinate with Tukwila to cause relocation of utilities in the right-of-way under Tukwila's jurisdiction as necessary for the construction of the Project improvements. E. Construction Management Renton will be responsible for the construction of all Project improvements with an anticipated close out by second Quarter of 2011, however, the actual closeout date will be determined as full funding becomes available and after subsequent agreements have been executed. The City's responsibilities for construction management include selection and execution of construction contracts, construction contract administration, contractor payments, tracking of day-to-day issues, change orders, request for information, claims/disputes, supplemental agreements and correspondence. The City shall be responsible for fulfilling all federal grant funding requirements when applicable. F. Documents Provided to Sound Transit NIS H:\TRANS\PLNG\NATE\ST ILA Strander Hardie PEED 4-03-06redl prop trnsfdoclLA Strander Hardie PEED 3-31-06redl prop trnsf.doelLA Strander Hardie PEED 3- 23-06cleanfinal.doc 12 The City will provide copies of the following environmental documents to Sound Transit when issued Name • All environmental project documents issued under NEPA or SEPA for the Projects • All environmental documentation discipline reports, including (by way of example), traffic reports and air and noise reports. The City shall provide to Sound Transit the following during construction: • Monthly status reports • Periodic invoices to Sound Transit for transit-related element costs as provided in the applicable funding agreement. • Hard copy(and electronic, if available) Conformed set(for construction), specifications (complete set) and estimates. 8. GENERAL TERMS The following general terms are applicable to this Agreement. These terms may also be included in any subsequent agreements between the Parties. 8.1 Indemnification. To the extent permitted by law, the Parties to this Agreement shall protect, defend, indemnify, and save harmless the other Party, and its officers, officials, employees, and agents, while acting within the scope of their employment, from any and all costs, claims, demands,judgments, damages, or liability of any kind including injuries to persons or damages to property, which arise out of, or in any way result from, or are connected to, or are due to any acts or omissions of the indemnifying Party. No Party shall be required to indemnify, defend, or save harmless the other Party if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the Party seeking indemnification. Where such claims, suits, or actions result from concurrent negligence of the Parties, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the Party's own negligence. Each Party agrees that its obligations under this indemnification section extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each Party, by mutual negotiation, hereby waives, with respect to the other Party only, any immunity that would otherwise be available against such claims under the industrial insurance provisions of Title 51 RCW. In the event of any claims, demands, actions and lawsuits, the indemnifying Party upon prompt notice from the other Party shall assume all costs of defense thereof, including legal fees incurred by the other parties, and of all resulting judgments that may be obtained against the other Party. This indemnification shall survive the termination of this Agreement. 8.2 Insurance. The City shall maintain insurance and self-insurance in amounts and type customarily maintained by the City for the risks assumed under this Agreement. The City shall further require its contractors and subcontractors to maintain insurance in amounts and types suitable to protect both the City and Sound Transit from exposures presented by the work performed under this Agreement. The City shall require its contractors and ,, subcontractors to name Sound Transit as an"additional insured" on insurance policies H:\TRANS\PLNG\NATE\ST ILA Strander Hardie PEED 4-03-06red1 prop trnsfdocILA Strander Hardie PEED 3-31-06redl prop trnstdoc1LA Strander Hardie PEED 3- 23-06cleanfinal.doc 13 required for the performance of the work under this Agreement, and require such insurers to waive their right of subrogation against Sound Transit. If the City is self insured for the work, it shall provide evidence of its self insurance program to Sound Transit's Risk Manager. 8.3 Payment of Contributions. Sound Transit's funding contributions shall be made upon the satisfactory completion of actual work performed as completed and described under this Agreement or as specified in the Project scope of work. Sound Transit shall not transfer nor be obligated to transfer any funds in advance of the completion of the milestone or portion of the work or prior to the times specified in the scope of work. 8.4 Invoices. The City shall initiate the process for payment by preparing an invoice to Sound Transit in accordance with the procedures in this Section. An authorized representative of the City shall certify in writing that the milestone or portion of the work has been completed in accordance with this Agreement and that the funding contribution is due pursuant to the terms of the Agreement. If necessary, the City shall allow Sound Transit or its agents and representatives access to the work to conduct all necessary inspections to verify the stated progress. The value of any property transferred from Sound Transit to the City pursuant to the terms of section 5.2.3 of this Agreement will be offset against any invoiced amounts due at the time of the transfer. All invoices, required reports, and documentation shall be submitted to: Sound Transit, Accounts Payable. Invoices shall bear the name and address of the party's representative, and reference this Agreement. Invoices shall be properly completed and accompanied with the certification of completeness and other documentation as required by Sound Transit. Sound Transit reserves the right to withhold payments pending timely delivery and proper completion of the reports or documents as may be required under this Agreement. 8.5 Final Payment. Final payment will be made to the City upon construction of each project, and upon final inspection and written acceptance by Sound Transit's authorized representative. Following written acceptance, the City shall make available to Sound Transit its records of actual expenditures to this Agreement. Any required adjustments shall be reflected in the final invoice. 8.6 Reports and Documentation. The City shall furnish the certification of completeness as specified above. In addition, Sound Transit may require other financial documents to verify that the expenditures are related to the Project work funded by this Agreement, including, but not limited to, (1) work statements or payroll records, (2) invoices for materials and supplies, (3) statements from professionals for services rendered, (4) certification by the City of materials and services satisfactorily rendered, and (5) an itemized listing of the charges supported by copies of original bills, invoices, expense accounts, and miscellaneous supporting data retained by the City. The City shall provide any plans, specifications, accounting records or other documents needed to satisfy requests from federal funding agencies for information to comply with Sound Transit's funding requirements. H:\TRANS\PLNG\NATE\ST ILA Strander Hardie PEED 4-03-06redl prop trnsf.docILA Strander Hardie PEED 3-31-06redl prop trnsf docILA Strander Hardie PEED 3- 23-06cleanfinal.doc 14 8.7 Availability of Records. All Project records in support of all costs incurred and actual ;, expenditures kept by the City and its contractor shall be open to inspection by Sound Transit or its federal funding agency during normal business hours, and shall be retained and made available for such inspection for a period of not less than six (6) years from final payment of funds under this Agreement to the City. Copies of said records shall be furnished to Sound Transit and/or its federal funding agency upon request. This requirement shall be included in all subcontracts related to the work entered into by the City to fulfill the terms of this Agreement. 8.8 Audit. If an audit is requested by Sound Transit or its federal funding agency, the City shall cooperate fully with the auditor chosen by Sound Transit or the federal funding agency. If an audit is required, the City will provide documentation of all costs incurred on the Project. In the event that Sound Transit has paid in excess of its final funding commitment under this Agreement, the excess amount will be repaid to Sound Transit within thirty(30) days of the conclusion of the audit. 8.9 Contract Administration. To fulfill its respective responsibilities under this Agreement, each Party shall be solely responsible for the administration of and the completion and quality of work performed under any contracts executed by the Party. In no event shall any contract executed by a Party be construed as obligating the other Party or Parties to this Agreement. Any claims arising out of the separate contracts of each Party for work under this Agreement are the sole responsibility of the Party executing and administering such separate contracts. All contracts shall comply with all applicable public works and procurement laws and regulations, including, but not limited to, applicable bonding, Nolte prevailing wage, nondiscrimination, retainage, insurance, and workers compensation requirements. 8.10 Dispute Resolution. The Parties will work collaboratively in accordance with the following steps to resolve disagreements arising from activities performed under this Agreement. Disagreements will be resolved promptly and at the lowest level of authority. The Designated Representatives shall use their best efforts to resolve disputes and issues arising out of or related to this Agreement. Each Designated Representative shall notify the other in writing of any problem or dispute the Designated Representative believes needs formal resolution. This written notice shall include: (1) a description of the issue to be resolved; (2) a description of the difference between the Parties on the issue; and (3) a summary of steps taken by Designated Representative to resolve the issue. The Designated Representatives shall meet within three(3)business days of receiving the written notice and attempt to resolve the dispute. In the event the Designated Representatives cannot resolve the dispute(and that dispute is not subject to some other formal appeal process), the Sound Transit Chief Executive Officer or his/her designee and the Mayor of Renton or her/his designee shall meet within seven(7)business days of receiving notice from a Designated Representative and engage in good faith negotiations to resolve the dispute. The Parties agree that they shall have no right to seek relief under this Agreement in a court of law until and unless each of these procedural steps is exhausted. If any applicable statute of limitations will or may run during the time that may be required to exhaust the procedural Neale H:'TRANS\PLNG\NATE\ST ILA Strander Hardie PEED 4-03-06redl prop trnsfdoclLA Strander Hardie PEED 3-31-06redl prop trnsf.docILA Strander Hardie PEED 3- 23-06cleanfinal.doc 15 steps set forth above, the Parties agree to seek an order to suspend any proceeding filed in a court of law while the procedural steps set forth above are satisfied. 9. TERMINATION FOR DEFAULT Either Party may terminate this Agreement, in whole or in part, in writing, if the other Party substantially fails to fulfill any or all of its obligations under this Agreement through no fault of the other party, provided that insofar as practicable, the Party terminating the Agreement will give: • Written notice of intent to terminate at least thirty(30) calendar days prior to the date of termination stating the manner in which the other Party has failed to perform the obligations under this Agreement; and • An opportunity for the other Party to cure the default within at least thirty(30) calendar days of notice of the intent to terminate. In such case, the Notice of Termination will state the time period in which cure is permitted and any other appropriate conditions. If the other party fails to remedy the default or the breach to the satisfaction of the other Party within the time period established in the Notice of Termination or any extension thereof, granted by the Party not at fault, this Agreement shall be deemed terminated. 10. OWNERSHIP OF PROJECT IMPROVEMENTS. Upon completion of the Project improvements, the City shall retain ownership of the Project improvements, subject to the conditions of Section 11. 11. PRESERVING SOUND TRANSIT'S INVESTMENT 11.1 Transit Use. The final design and construction agreement will provide for the long-term operation and maintenance of the Transit Elements by the City. Upon completion the Transit Elements will be dedicated for transit use for the useful life of the improvements, which is assumed to be forty(40) years. The final design and construction agreement will provide a process for the City to consult with Sound Transit and obtain written approval from Sound Transit prior to implementing any change to the operating characteristics of the Transit Elements that would cause a change in the functional use of the improvements, including a change in the use of the improvements from transit use to general purpose use. A change in functional use means the transit improvement can no longer be used by Sound Transit for the purpose for which it was designed, constructed and funded, including a change from transit to general-purpose use. 11.2 Reimbursement. The final design and construction agreement will provide for reimbursement of Sound Transit's funding contribution in the event that there is a change in functional use of the improvements as follows: If Renton changes the functional use of any of the transit improvements in a manner that substantially precludes the transit use of the improvement by Sound Transit, Sound Transit shall be reimbursed the un-depreciated then- remaining amount of its original contribution under this Agreement and any subsequent NIS H:\TRANS\PLNG\NATE\ST ILA Strander Hardie PEED 4-03-06red1 prop trnsf doclLA Strander Hardie PEED 3-31-06redl prop trnsfdocILA Strander Hardie PEED 3- 23-06cleanfinal.doc 16 funding agreements. That amount shall be determined using the straight-line method of depreciation of the original funding contribution over the useful life of the transit Now improvement; assuming, for this purpose, a forty(40) year useful life. The then-remaining amount shall be determined at the time of the change in functional use, and reimbursement shall be due at that time and payable within thirty(30) days. Sound Transit may agree to waive this reimbursement requirement. 12. GENERAL LEGAL PROVISIONS 12.1 Governing Law and Venue. This Agreement shall be governed by the laws of the State of Washington. Any action arising out of this Agreement shall be brought in King County Superior Court. 12.2 No Employment Relationship Created. The Parties agree that nothing in this Agreement shall be construed to create an employment relationship between the City and any employee, agent, representative or contractor of Sound Transit. 12.3 No Agency. No separate entity is created by this Agreement. No joint venture or partnership is formed as a result of this Agreement. No employees, agents or subcontractors of one party shall be deemed, or represent themselves to be, employees of the other party. 12.4 No Third Party Rights. It is understood and agreed that this Agreement is solely for the benefit of the Parties hereto and gives no right to any other party. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the Parties. 12.5 Severability. If any of the terms and conditions of this Agreement are determined to be invalid or unenforceable by a court of competent jurisdiction, the remaining terms and conditions unaffected thereby shall remain in full force and effect. 12.6 Designated Representatives. The designated representatives for the City of Renton shall be the City's Planning/Building/Public Works Administrator. The City of Renton's Transportation Design Supervisor shall also be a designated representative. The Sound Transit designated representative shall be the Sound Transit Capital Projects Director. 12.7 Notices. All notices to be provided under this Agreement shall be in writing and shall be hand-delivered or sent by US Mail, and shall be deemed received upon delivery or, in the case of notice sent by mail, five(5)business days after deposit in the US Mail. Notices to the City shall be sent to the following address: City of Renton do Transportation Systems Division 1055 South Grady Way 5`h Floor—Renton City Hall Renton, WA 98055 New H:\TRANS\PLNG\NATE\ST ILA Strander Hardie PEED 4-03-06redl prop trnsf.doclLA Strander Hardie PEED 3-31-06redI prop trnsf.docILA Strander Hardie PEED 3- 23-06cleanfinaLdoc 17 Notices to Sound Transit shall be sent to the following address: Sound Transit c% Capital Project Department 401 S. Jackson Seattle, WA 98104 12.8 Entire Agreement. This Agreement, including its Recitals and Exhibits, embodies the Parties entire Agreement on the matters covered by it, except as supplemented by subsequent amendments to this Agreement. All prior negotiations and draft written agreements are merged into and superseded by this Agreement. 12.9 Execution of Agreement. This Agreement shall be executed in two (2) counterparts, any one of which shall be regarded for all purposes as one original. IN WITNESS WHEREOF,the Parties hereto hereby agree to the terms and conditions of this Agreement as of the date first written above. For the City of Renton: For Sound Transit: By: Kathy Keolker By: Joni Earl Title: Mayor Title: Executive Officer Approved as to Form: Approved as to Form: By: By: Betty Ngan Title: Renton Legal Counsel Title: Sound Transit Legal Counsel Attest: By: Bonnie I. Walton Title: Renton City Clerk loird H:\TRANS\PLNG\NATE\ST ILA Strander Hardie PEED 4-03-06redl prop trnsfdoclLA Strander Hardie PEED 3-31-06redl prop trnsf.docILA Strander Hardie PEED 3- 23-06cleanfinal.doc 18 • ( ( CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS TRANSPORTATION SYSTEMS DIVISION 2006-2011 SIX-YEAR TIP Rainier Ave. Improvements -S 4th PI to S 2nd St Functional Classification: Principal&Minor Fund: 317 Proj.Length: 0.4 miles Proj: 12501 RANK: 7 CONTACT: Leslie Lahndt 425.430.7223 DESCRIPTION: STATUS: Rebuild sidewalks including curb and gutters;add pedestrian-scale illumination,bollards(at crossings), Anticipated design contract to be authorized in mid-to late 2005. Based upon staff transit facility improvements(shelters,benches,info kiosks),planted buffer strips and landscaped discussions,Sound Transit is anticipated to be a key funding partner. Funding shown in medians,and eastbound transit queue jump at S 3rd St. 2009-2011 will move to 2006-2008 pending MOU development with Sound Transit. JUSTIFICATION: CHANGES: Rainier Ave.is a critical corridor in central Renton with existing operational problems and in need of New project. Approximately$10,000 is required in 2005 to evaluate design options;the infrasructure enhancements to provide greater ease of non-motorized and transit-based travel. funding will be reallocated from the NE 4th St/Hoquiam Ave.project by Council process. Funding shown 2009-2011 will likely be spread over 2006-2012 pending Sound Transit Board approval of funds. I Funded:1 3,310,0001 Unfunded:j 3,000,000 Project Totals Programmed Pre-2006 Six Year Program ITEM . Programmed Spent In 2004 2005 Total 2006 2007 2008 2009 2010 2011 'EXPENSES: Project Development Precon Eng/Admin 607,000 10,000 597,000 597,000 R-O-W(includes Admin) 1,600,000 1,600,000 1,600,000 Construction Contract Fee 3,800,000 _ 3,800,000 1,800,000 2,000,000 Construction Eng/Admin 303,000 303,000 143,000 160,000 Other TOTAL EXPENSES 6,310,000 10,000 6,300,000 2,197,000 1,943,000, 2,160,000 SOURCES OF FUNDS Vehicle Fuel Tax 110,000 110,000 - 110,000 Business License Fee 310,000 10,000 300,000 100,000 100,000 100,000 Proposed Fund Balance 1,443,000 1,443,000 600,000 418,000 425,000 Grants In-Hand Mitigation In-Hand ' 1,447,000 1,447,000 497,000 425,000 525,000 Bonds/L.I.D.'s Formed Other In-Hand Grants Proposed Mitigation Proposed L.I.D.'s Proposed Other Proposed(S.Transit) 3,000,000 3,000,000 1,000,000, 1,000,000. 1,000,000 Undetermined TOTAL SOURCES 6,310,000 10,000 6,300,000 2,197,000 1,943,000 2,160,000 /toner 67 0110032006 623 AN 5-7 FINAL ....,. - mewase. r.... MEMOIR abaft Mita I r OM 111111111b Ali a alb MI OM MS a la CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS TRANSPORTATION SYSTEMS DIVISION 2006-2011 SIX-YEAR TIP Hardie Ave. SW Transit/Multimodal Improvements Functional Classification: Principal&Minor Fund: 317 Proj.Length: 0.7 miles Proj: 12502 RANK: 8 CONTACT: Leslie Lahndt 425.430.7223 DESCRIPTION: STATUS: Add Business Access Transit(BAT)lanes in both directions;rebuild the Hardie railroad bridge;add non- Design contract authorization anticipated mid-to late 2005. Based upon staff discussions, motorized facilities, i.e.,multimodal trail, northbound transit-only signal at Rainier and Hardie,and curb, Sound Transit is anticipated to be a key funding partner. Funding shown in 2009-2011 will gutter,and sidewalks between Sunset Blvd.and Rainier Ave. S. move to 2006-2008 pending MOU development with Sound Transit. JUSTIFICATION: CHANGES: Regional transit agencies have expressed a desire to partner with the City to design and build systematic New project. Approximately$190,000 is required in 2005 to evaluate design options;the transit improvements throughout Renton for the purposes of reducing travel times and improving speed funding will be reallocated from the NE 4th St/Hoquiam Ave.project by Council process. and reliability for routes serving Renton. Additionally,there is a need for improved non-motorized facilities Hardie Ave.SW will be changed from a Collector Arterial to a Minor Arterial. Funding providing north to south connections. There are also safety benefits for all by replacing the substandard shown 2009-2011 will likely be spread over 2006-2012 pending Sound Transit Board railroad bridge over Hardie south of SW 5th PI. approval of funds. I Funded :1 3,337,0001 Unfunded :I 12,000,000 Project Totals Programmed Pre-2006 Six Year Program ' ITEM Programmed Spent In 2004 2005 Total 2006 2007 2008 2009 2010 2011 EXPENSES: Project Development Precon Eng/Admin 1,667,000 190,000 1,477,000 1,077,000 400,000 R-O-W(includes Admin) 2,423,000 2,423,000 1,500,000 923,000 Construction Contract Fee 10,413,000 10,413,000 4,413 000 6,000,000 Construction Eng/Admin 834,000 834,000 334,000 500,000 Other TOTAL E)ZPENSES 15,337,000 190,000 15,147,000 2,577,000 6,070,000 6,500,000 SOURCES OF FUNDS: Vehicle Fuel Tax 155,000 155,000 155,000 Business License Fee 465,000 465,000 200,000 100,000 165,000 Proposed Fund Balance 862,000 _ 862,000 77,000 475,000 310,000 Grants In-Hand Mitigation In-Hand 1,855,000 190,000 1,665,000 795,000 870,000 Bonds/L.I.D.'s Formed Other In-Hand Grants Proposed Mitigation Proposed L.I.D.'s Proposed Other Proposed(S.Transit) 12,000,000 12,000,000 2,300,000 4,700,000 5,000,000 Undetermined TOTAL SOURCES 15,337,000 190,000 15,147,000 2,577,000 6,070,000 6,500,000 liar& CSM/2035 6 41 AM 5-8 FINAL ( ( CITY OF RENTON 1. PLANNING/BUILDING/PUBLIC WORKS TRANSPORTATION SYSTEMS DIVISION 2006-2011 SIX-YEAR TIP Strander Boulevard/SW 27th Street Connection Functional Classification: Minor Arterial Fund: 317 Proj.Length: 1.27 miles Proj: 12239 RANK: 3 CONTACT: Rob Lochmiller 425.430.7303 DESCRIPTION: STATUS: This project provides a critical four/five lane arterial that will serve as a connector to West Valley Highway Up to 30%design was contracted in March 2003 for$2,213,349. It includes the (SR-181)and East Valley Road,as well as an arterial connector to SR-167 from the south.The project will environmental documents,base-mapping,road sections,and project phasing by June provide a grade-separated crossing at the Union Pacific Railroad(UPRR)and Burlington Northern Sante 2005. $1,000,000 was received from the General Fund in 2003. $745,563 TEA-21 was Fe(BNSF)railroad tracks. Segments 1 and 2 include from West Valley Hwy to East Valley Road. obligated in May 2003 with an additional$2,398 obligated in May 2005. The design and construction costs reflect Phases 1 and 2. Based upon staff discussions,Sound Transit is anticipated to be a key funding partner. JUSTIFICATION: CHANGES: A new east-west arterial roadway will connect the Cities of Renton and Tukwila,and provide significant *The City is in the process of applying for bonds. Nearing completion of 30%design for all congestion relief to existing arterials. The new road will provide direct access to the new Tukwila Station, phases. Engineering estimates are lower than the planning level estimates. Phase 1, a multi-modal center being developed immediately north of the new alignment,and to the Boeing Segment 1, is in full design with construction to start late 2005,early 2006 paid for with Longacres site. The eventual direct HOV connections to southbound SR-167 will provide significant approximately$3 million in bonds. A shared-use detention pond with the developer will advantages to HOV and transit usage. By crossing under the UPRR and BNSF railroads,the new arterial lower the costs of construction. $500,000 Metro mitigation reserve is pending Council will provide significant benefits to both freight mobility and to general motorists. approval. New fuel tax 2010. I Funded:1 13,753,9271 Unfunded:1 36,778,800 Project Totals Programmed Pre-2006 Six-Year Program ITEM Programmed _ Spent Pre-2005 2006 Total 2006 2007 2008 2009 2010 2011 EXPENSES: Project Development Precon Eng/Admin 6,199 727 1,471,727_ 1,020,000, 3,708,000 850,000 • 2,350,000 508,000 R-O-W(includes Admin! _ 4,543,000 4,543,000 2,243,000 2,300,000 Construction Contract Fee _ 35,900,000 35,900,000 2,970,000 1,570,000 26,760,000 4,600,000 Construction Eng/Admin 3,890,000 _ 3,890,000 306,000_ 180,000 2,764,000 640,000 Other TOTAL EXPENSES 50,532,727 1,471,727_ 1,020,000 48,041,000 6,369,000 1,750,000 - 34,174,000 5,748,000 SOURCES OF FUNDS: Vehicle Fuel Tax 240,000 _ 240,000 240,000 Business License Fee 1 237,349 237,349 82,749 114,600 40,900 Proposed Fund Bal./Reserve _ 772,617 243,766 528,851 156,600 140,651 231,600 Grants In-Hand(State&Fed) 5,243,961 554,799 193,162 4,496,000 969,400 1,526,600 2,000,000 Mitigation In-Hand 760,000 500,000, 260,000 100,000 160,000 Bonds/L.I.D.'s Formed 3,000,000 3,000,000 3,000,000 Other In-Hand(GF&Boeing) 3,500,000 416,928 583,072 2,500,000 2,243,000 257,000 Grants Proposed(Earmarks) 1,254,000. 1,254,000 1,254,000 Mitigation Proposed . L.I.D.'s Proposed Other Proposed(S.Transit) 4,000 000 4,000,000 4,000,000 Undetermined _ 31,524,800 31,524,800 26,216 800 5,308,000 TOTAL SOURCES 50,532,727 1,471,727 1,020,000 48,041,000 6,369,000 1,750,000 _ 34,174,000 5,748,000 • swr.t comwcem, 000013006 0:72 AM 5-3 FINAL CITY OF RENTON COUNCIL AGENDA BILL AI#: 5. /•< A Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Transportation Systems April 10, 2006 Staff Contact Rob Lochmiller, x7303 Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Consultant Services Contract with Parametrix for Ordinance Construction Management Services for NE Sunset Resolution Boulevard (SR 900)/Duvall Avenue NE Intersection Old Business Improvements Project Exhibits: New Business Study Sessions Issue Paper Information Consultant Agreement Recommended Action: Approvals: Council Concur Legal Dept X Risk Management.... X Fiscal Impact: 317.012301.016.5950.0000.67.000000 (Transportation) Expenditure Required: $ 182,179 Transfer/Amendment $ 0 Total Project Budget: $ 1,561,700(constr.) Revenue Generated $ 364,500 (Federal Total 2006 Budget: $ 1,561,700 HES Grant) City Share Total Project $1,197,200 SUMMARY OF ACTION: Council approved the construction contract on February 6, 2006. The transfer of$1,528,369 increased Transportation's project budget to $1,561,700 for 2006, which funds the contract, construction management(inspection, staffing, and material testing), and a 10%contingency for unforeseen expenses. Due to the current extremely heavy workloads spread between both the Transportation Design Section and the Development Services Division,the Transportation Systems Division is proposing to enter into a consultant contract to provide construction management services for this project. The Transportation(Aviation)Committee was briefed on March 16, 2006, about the need for construction management services and the consultant selection process. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the consultant agreement with Parametrix, Inc. in the amount of$182,179 for construction management services for the NE Sunset Boulevard (SR 900)/Duvall Avenue NE Intersection Improvements Project, CAG 05-165. H:\Division.s\TRANSPOR.TA'IIADMIN\Agenda 2006\Parametrix SS Duvall Intersection Constr Mgt Agenda Bill.doc ti`SY 0� PLANNINGBUILDING/ Nim" C-) PUBLIC WORKS DEPARTMENT �,4r Nr MEMORANDUM DATE: March 28, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: Kathy Keolker, Mayor! k FROM: 4 Gregg ZimmermaiVA' ministrator STAFF CONTACT: Rich Perteet, Interim Transportation Design, Planning and Programming Supervisor(x7223) SUBJECT: Consultant Services Contract with Parametrix for Construction Management Services for NE Sunset Boulevard (SR 900)/Duvall Avenue NE Intersection Improvements Project(CAG 05-165) ISSUE: Should Council authorize the Mayor and City Clerk to execute the consultant agreement with Parametrix, Inc. in the amount of$182,179 for the NE Sunset Boulevard (SR 900)/Duvall Avenue NE Intersection Improvements Project? RECOMMENDATION: Authorize the Mayor and City Clerk to execute the consultant agreement with Parametrix, Inc. in the amount of$182,179 for construction management services for the NE Sunset Boulevard (SR 900)/Duvall Avenue NE Intersection Improvements Project, CAG 05-165. BACKGROUND: Earlier in 2006 the City of Renton awarded a construction contract in the amount of $1,655,345.54 to Sanders Construction. $1,261,551.56 of that money is for Transportation's costs for roadway improvements. The remainder of the contract is funded from Wastewater and Water accounts for their associated improvements. On February 6, 2006, Council approved the construction contract for Transportation's 2006 project budget. The transfer allowed Transportation's budget to be increased to $1,561,700 for 2006. This budget funds the contract, construction management(inspection, staffing, and material testing), and includes 10% contingency for unforeseen expenses. Name Due to the current extremely heavy workloads spread between both the Transportation Design Section and the Development Services Division, the Transportation Systems Division is Randy Corman,Council President Members of the Renton City Council Page 2 of 2 April 10,2006 proposing to enter into a consultant contract to provide construction management services for this project. The Transportation (Aviation) Committee was briefed on March 16, 2006, about the need for construction management services and the consultant selection process. Sanders Construction started work on the project around the middle of March. Until the agreement with Parametrix, Inc. is executed, the Development Services Division and Transportation Systems Division are sharing the inspection duties and covering the construction management of this project. However, workloads of CIP, TIP and developer projects are compiling. The Transportation Systems Division would like to shift this project's workload to the consultant by mid-April in order to provide adequate staffing. The contract with Parametrix, Inc. will provide construction management and construction observation services. This project has federal funding for the construction. The consultant will be responsible for providing all required construction documentation and for following procedures in accordance with WSDOT's Local Agency Guidelines to ensure the City's continued ability to operate under Certification Acceptance (CA) for Federal Aid Projects and be allowed to administer our own federally funded projects. cc: Peter Hahn,Deputy P/B/PW Administrator—Transportation Lys Hornsby,Utility Systems Director Rich Perteet,Interim Transportation Design,Planning&Programming Supervisor David Christensen,Utility Engineering Supervisor Abdoul Gafour,Water Utility Supervisor Sharon Griffin,Transportation Planning Program Development Coordinator James P.Wilhoit,Transportation Design Project Manager Rob Lochmiller,Transportation Design Project Manager John Hobson,Wastewater Utility Project Manager Connie Brundage,Transportation Administrative Secretary H:\Division.s\TRANSPOR.TAT\ADMIMAgenda 2006\Parametrix SS Duvall Intersection Constr Mgt Issue Paper.doc Consultant/Address/Telephone Local Agency Parametrix, Inc. Standard Consultant 1231 Fryar Ave.,P.O. Box 460 Sumner,WA 98390-1516 Agreement Agreement Number Ph. 253-863-5128 Federal Aid Number Project Title And Work Description STPH-0900(21) Construction Management Services for Sunset Agreement Type(Choose one) Blvd.(SR 900)/Duval Ave. Improvement Project ❑Lump Sum Lump Sum Amount $ ®Cost Plus Fixed Fee Overhead Progress Payment Rate 185 % DBE Participation Overhead Cost Method ❑Yes ®No ❑Actual Cost WBE Participation 0/0 ElActual Cost Not To Exceed % El Yes No ®Fixed Rate 28 Federal ID Number or Social Security Number Fixed Fee $ 15,995.00 Do you require a 1099 for IRS? Completion Date El Specific Rates Of Pay El Yes El No December 31, 2006 Now, 0 Negotiated Hourly Rate Total Amount Authorized$ 172,179.00 ❑Provisional Hourly Rate Management Reserve Fund$ 10,000.00 ❑Cost Per Unit of Work Maximum Amount Payable$ 182,179.00 THIS AGREEMENT,made and entered into this 10th day of April , 2006 between the Local Agency of City of Remton , Washington, hereinafter called the "AGENCY",and the above organization hereinafter called the"CONSULTANT". WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT;and WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms,conditions, covenants and performance contained lio"` herein,or attached and incorporated and made a part hereof, the parties hereto agree as follows: DOT Form 140-089 EF Page 1 of 8 Revised 12/99 All reports, PS&E materials, and other data,furnished GENERAL DESCRIPTION OF WORK to the CONSULTANT by the AGENCY shall be returned.All designs,drawings,specifications, The work under this AGREEMENT shall consist of documents,and other work products prepared by the the above described work and services as herein CONSULTANT prior to completion or termination of defined and necessary to accomplish the completed this AGREEMENT are instruments of service for this work for this PROJECT.The CONSULTANT shall PROJECT and are property of the AGENCY.Reuse furnish all services,labor and related equipment by the AGENCY or by others acting through or on necessary to conduct and complete the work as behalf of the AGENCY of any such instruments of designated elsewhere in this AGREEMENT. service,not occurring as a part of this PROJECT, shall be without liability or legal exposure to the II CONSULTANT. SCOPE OF WORK IV The Scope of Work and project level of effort for this TIME FOR BEGINNING AND COMPLETION project is detailed in Exhibit"B"attached hereto, and by this reference made a part of this AGREEMENT. The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in III writing by the AGENCY.All work under this GENERAL REQUIREMENTS AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under All aspects of coordination of the work of this completion date. AGREEMENT,with outside agencies,groups or individuals shall receive advance approval by the The established completion time shall not be extended AGENCY.Necessary contacts and meetings with because of any delays attributable to the CONSULT- agencies,groups or individuals shall be coordinated ANT,but may be extended by the AGENCY, in the through the AGENCY. event of a delay attributable to the AGENCY,or because of unavoidable delays caused by an act of The CONSULTANT shall attend coordination, GOD or governmental actions or other conditions progress and presentation meetings with the beyond the control of the CONSULTANT.A prior AGENCY or such Federal,Community, State,City supplemental agreement issued by the AGENCY is or County officials,groups or individuals as may be required to extend the established completion time. requested by the AGENCY.The AGENCY will provide the CONSULTANT sufficient notice prior V to meetings requiring CONSULTANT participation. PAYMENT The minimum number of hours or days notice— The CONSULTANT shall be paid by the AGENCY required shall be agreed to between the AGENCY for completed work and services rendered under this and the CONSULTANT and shown in Exhibit"B" AGREEMENT as provided in Exhibit"C"attached attached hereto and made part of this AGREEMENT. The CONSULTANT shall prepare a monthly hereto,and by this reference made part of this progress report,in a form approved by the AGENCY, AGREEMENT. Such payment shall be full compen sation for work performed or services rendered and that will outline in written and graphical form the for all labor, materials,supplies,equipment, and various phases and the order of performance of the work in sufficient detail so that the progress of the incidentals necessary to complete the work specified in Section II,"Scope of Work". The work can easily be evaluated.Goals for Disadvan- taged Business Enterprises(DBE)and Women CONSULTANT shall conform with all applicable portions of 48 CFR 31. Owned Business Enterprises(WBE)if required shall be shown in the heading of this AGREEMENT. *441101 Page 2 of 8 VI employees of the CONSULTANT only and not of the SUBCONTRACTING AGENCY,and any and all claims that may or might The AGENCY permits subcontracts for those items arise under any Workmen's compensation Act on of work as shown in Exhibit G to this Agreement. behalf of said employees or other persons while so engaged,and any and all claims made by a third party Compensation for this subconsultant work shall be as a consequence of any act or omission on the part of based on the cost factors shown on Exhibit G,at- the CONSULTANT's employees or other persons tached hereto and by this reference made a part of this while so engaged on any of the work or services AGREEMENT. provided to be rendered herein,shall be the sole The work of the subconsultant shall not exceed its obligation and responsibility of the CONSULTANT. maximum amount payable unless a prior written The CONSULTANT shall not engage,on a full or approval has been issued by the AGENCY. part time basis,or other basis,during the period of the All reimbursable direct labor,overhead,direct non- contract,any professional or technical personnel who salary costs and fixed fee costs for the subconsultant are,or have been,at any time during the period of the shall be substantiated in the same manner as outlined contract,in the employ of the United States Depart- in Section V.All subcontracts exceeding$10,000 in ment of Transportation,the STATE,or the cost shall contain all applicable provisions of this AGENCY,except regularly retired employees, AGREEMENT. without written consent of the public employer of The CONSULTANT shall not subcontract for the such person. performance of any work under this AGREEMENT VIII without prior written permission of the AGENCY. No NONDISCRIMINATION permission for subcontracting shall create,between the AGENCY and subcontractor,any contract or any The CONSULTANT agrees not to discriminate other relationship. against any client,employee or applicant for employ- ment or for services because of race,creed,color, Now VII national origin,marital status, sex, age or handicap EMPLOYMENT except for a bona fide occupational qualification with regard to,but not limited to the following:employ- The CONSULTANT warrants that he/she has not ment upgrading,demotion or transfer, recruitment or employed or retained any company or person,other any recruitment advertising,a layoff or terminations, than a bona fide employee working solely for the rates of or other forms of compensation,pensation, selection CONSULTANT,to solicit or secure this contract,and for training,rendition of services.The CONSULT- that it has not paid or agreed to pay any company or ANT understands and agrees that if it violates this person,other than a bona fide employee working provision,this AGREEMENT may be terminated by solely for the CONSULTANT,any fee,commission, the AGENCY and further that the CONSULTANT percentage,brokerage fee,gift,or any other consider shall be barred from performing any services for the ation,contingent upon or resulting from the award or AGENCY now or in the future unless a showing is making of this contract. For breach or violation of this made satisfactory to the AGENCY that discrimina- warrant,the AGENCY shall have the right to annul tory practices have terminated and that recurrence of this AGREEMENT without liability,or in its discre- such action is unlikely. tion,to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of During the performance of this AGREEMENT,the such fee,commission,percentage,brokerage fee,gift, CONSULTANT,for itself,its assignees and or contingent fee. successors in interest agrees as follows: Any and all employees of the CONSULTANT or A. COMPLIANCE WITH REGULATIONS:The other persons while engaged in the performance of CONSULTANT shall comply with the Regula- any work or services required of the CONSULTANT tions relative to nondiscrimination in the same under this AGREEMENT,shall be considered manner as in Federal-assisted programs of the Page 3 of 8 Department of Transportation,Title 49,Code of sive possession of another who fails or refuses to Federal Regulations, Part 21,as they may be furnish this information the CONSULTANT shall amended from time to time, (hereinafter referred so certify to the AGENCY,or the United States to as the Regulations),which are herein incorpo- Department of Transportation as appropriate,and rated by reference and made a part of this shall set forth what efforts it has made to obtain AGREEMENT.The consultant shall comply the information. with the American Disabilities Act of 1992,as E. SANCTIONS FOR NONCOMPLIANCE:In the amended. event of the CONSULTANT's noncompliance B. NONDISCRIMINATION:The CONSULTANT, with the nondiscrimination provisions of this with regard to the work performed by it during the AGREEMENT,the AGENCY shall impose AGREEMENT,shall not discriminate on the such sanctions as it or the Federal Highway grounds of race,creed,color,sex,age,marital Administration may determine to be appropriate, status,national origin or handicap except for a including,but not limited to: bona fide occupational qualification in the selec- 1. Withholding of payments to the CONSULT- tion and retention of subconsultants,including ANT under the AGREEMENT until the procurements of materials and leases of equip- ment.The CONSULTANT shall not participate CONSULTANT complies,and/or either directly or indirectly in the discrimination 2. Cancellation,termination or suspension of the prohibited by Section 21.5 of the Regulations, AGREEMENT,in whole or in part. including employment practices when the contract covers a program set forth in Appendix II of the F. INCORPORATION OF PROVISIONS:The Regulations. CONSULTANT shall include the provisions of paragraphs(A)through(G) in every subcontract, C. SOLICITATIONS FOR SUBCONSULTANTS, including procurements of materials and leases of INCLUDING PROCUREMENTS OF MATERI- equipment,unless exempt by the Regulations or ALS AND EQUIPMENT:In all solicitations directives issued pursuant thereto.The CON- either by competitive bidding or negotiation made SULTANT shall take such action with respect to by the CONSULTANT for work to be performed any subconsultant or procurement as the under a subcontract,including procurements of AGENCY or the Federal Highway Administra- materials or leases of equipment,each potential tion may direct as a means of enforcing such subconsultant or supplier shall be notified by the provisions including sanctions for noncompli- CONSULTANT of the CONSULTANT's ance;provided,however,that, in the event a obligations under this AGREEMENT and the CONSULTANT becomes involved in,or is Regulations relative to nondiscrimination on the threatened with,litigation with a subconsultant or grounds of race,creed, color,sex, age,marital supplier as a result of such direction,the CON- status,national origin and handicap. ULTANT may request the AGENCY to enter D. INFORMATION AND REPORTS:The into such litigation to protect the interests of the CONSULTANT shall provide all information AGENCY,and in addition,the CONSULTANT and reports required by the Regulations,or may request the United States to enter into such litigation to protect the interests of the United directives issued pursuant thereto,and shall States. permit access to its books,records,accounts, other sources of information,and its facilities as G. UNFAIR EMPLOYMENT PRACTICES:The may be determined by the AGENCY to be CONSULTANT shall comply with RCW pertinent to ascertain compliance with such 49.60.180. Regulations or directives.Where any information required of the CONSULTANT is in the exclu- Page 4 of 8 IX In the event of the death of any member,partner or TERMINATION OF AGREEMENT officer of the CONSULTANT or any of its supervi- The right is reserved by the AGENCY to terminate sory personnel assigned to the project,or,dissolution this AGREEMENT at any time upon ten days written of the partnership,termination of the corporation,or notice to the CONSULTANT. disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby In the event this AGREEMENT is terminated by the agree to complete the work under the terms of this AGENCY other than for default on the part of the AGREEMENT,if requested to do so by the CONSULTANT,a final payment shall be made to the AGENCY.The subsection shall not be a bar to CONSULTANT as shown in Exhibit F for the type of renegotiation of the AGREEMENT between the AGREEMENT used. surviving members of the CONSULTANT and the AGENCY,if the AGENCY so chooses. No payment shall be made for any work completed after ten days following receipt by the CONSULT- In the event of the death of any of the parties listed in ANT of the Notice to terminate. If the accumulated the previous paragraph,should the surviving members payment made to the CONSULTANT prior to Notice of the CONSULTANT,with the AGENCY's concur- of Termination exceeds the total amount that would rence,desire to terminate this AGREEMENT, be due computed as set forth herein above,then no payment shall be made as set forth in the second final payment shall be due and the CONSULTANT paragraph of this section. shall immediately reimburse the AGENCY for any Payment for any part of the work by the AGENCY excess paid. shall not constitute a waiver by the AGENCY of any If the services of the CONSULTANT are terminated remedies of any type it may have against the CON- by the AGENCY for default on the part of the CON- SULTANT for any breach of this AGREEMENT by SULTANT,the above formula for payment shall not the CONSULTANT,or for failure of the CONSULT- Niue apply. In such an event,the amount to be paid shall be ANT to perform work required of it by the determined by the AGENCY with consideration AGENCY. Forbearance of any rights under the given to the actual costs incurred by the CONSULT- AGREEMENT will not constitute waiver of entitle- ANT in performing the work to the date of ment to exercise those rights with respect to any termination,the amount of work originally required future act or omission by the CONSULTANT. which was satisfactorily completed to date of termina- tion,whether that work is in a form or a type which is X usable to the AGENCY at the time of termination; CHANGES OF WORK the cost to the AGENCY of employing another firm The CONSULTANT shall make such changes and to complete the work required and the time which revisions in the complete work of this AGREEMENT maybe required to do so, and other factors which as necessary to correct errors appearing therein,when affect the value to the AGENCY of the work per- required to do so by the AGENCY,without additional formed at the time of termination. Under no compensation thereof. Should the AGENCY find it circumstances shall payment made under this subsec- desirable for its own purposes to have previously tion exceed the amount which would have been made satisfactorily completed work or parts thereof using the formula set forth in the previous paragraph. changed or revised,the CONSULTANT shall make If it is determined for any reason that the CONSULT- such revisions as directed by the AGENCY.This ANT was not in default or that the CONSULTANT's work shall be considered as Extra Work and will be failure to perform is without it or it's employee's fault paid for as herein provided under Section XIV. or negligence,the termination shall be deemed to be a termination for the convenience of the AGENCY in accordance with the provision of this AGREEMENT. Page 5 of 8 XI that nothing herein shall require a CONSULTANT to DISPUTES indemnify the AGENCY and the STATE against and hold harmless the AGENCY and the STATE from Any dispute concerning questions of fact in connec- claims,demands or suits based solely upon the tion with the work not disposed of by AGREEMENT conduct of the AGENCY and the STATE,their between the CONSULTANT and the AGENCY shall agents,officers and employees and provided further be referred for determination to the Director of Public that if the claims or suits are caused by or result from Works or AGENCY Engineer,whose decision in the the concurrent negligence of(a)the matter shall be final and binding on the parties of this CONSULTANTS agents or employees and(b)the AGREEMENT,provided however,that if an action is AGENCY and the STATE,their agents,officers and brought challenging the Director of Public Works or employees,this indemnity provision with respect to AGENCY Engineer's decision,that decision shall be (1)claims or suits based upon such negligence, (2)the subject to de novo judicial review. costs to the AGENCY and the STATE of defending XII such claims and suits,etc. shall be valid and enforce- VENUE, APPLICABLE LAW AND able only to the extent of the CONSULTANT's PERSONAL JURISDICTION negligence or the negligence of the CONSULTANTs agents or employees. In the event that either party deems it necessary to institute legal action or proceedings to enforce any The CONSULTANTs relation to the AGENCY shall right or obligation under this AGREEMENT,the be at all times as an independent contractor. parties hereto agree that any such action shall be The CONSULTANT specifically assumes potential initiated in the Superior court of the State of Washing liability for actions brought by the CONSULTANTs ton,situated in the county the AGENCY is located in. own employees against the AGENCY and,solely for The parties hereto agree that all questions shall be the purpose of this indemnification and defense,the resolved by application of Washington law and that CONSULTANT specifically waives any immunity the parties to such action shall have the right of appeal under the state industrial insurance law,Title 51 from such decisions of the Superior court in accor RCW.The CONSULTANT recognizes that this dance with the laws of the State of Washington.The waiver was specifically entered into pursuant to the CONSULTANT hereby consents to the personal provisions of RCW 4.24.115 and was the subject of jurisdiction of the Superior court of the State of mutual negotiation. Washington, situated in the county in which the AGENCY is located in. Unless otherwise specified in the AGREEMENT,the AGENCY shall be responsible for administration of XIII construction contracts,if any,on the project. Subject LEGAL RELATIONS AND INSURANCE to the processing of an acceptable, supplemental The CONSULTANT shall comply with all Federal, agreement,the CONSULTANT shall provide on-call State,and local laws and ordinances applicable to the assistance to the AGENCY during contract adminis work to be done under this AGREEMENT.This tration. By providing such assistance,the AGREEMENT shall be interpreted and construed in CONSULTANT shall assume no responsibility for: accord with the laws of Washington. proper construction techniques,job site safety,or any construction contractor's failure to perform its work The CONSULTANT shall indemnify and hold the in accordance with the contract documents. AGENCY and the STATE,and their officers and employees harmless from and shall process and The CONSULTANT shall obtain and keep in force defend at its own expense all claims,demands,or during the terms of the AGREEMENT,or as other- suits at law or equity arising in whole or in part from wise required,the following insurance with the CONSULTANTs negligence or breach of any of companies or through sources approved by the State its obligations under this AGREEMENT;provided Insurance Commissioner pursuant to RCW 48. Page 6 of 8 Page 6 of 8 XIV Insurance Coverage EXTRA WORK +" A. Worker's compensation and employer's liability A. The AGENCY may at any time,by written order, insurance as required by the STATE. make changes within the general scope of the AGREEMENT in the services to be performed. B. General commercial liability insurance in an amount not less than a single limit of one million B. If any such change causes an increase or decrease and 00/100 Dollars($1,000,000.00)for bodily in the estimated cost of,or the time required for, injury,including death and property damage performance of any part of the work under this per occurrence. AGREEMENT,whether or not changed by the order,or otherwise affects any other terms and Excepting the Worker's Compensation insurance and conditions of the AGREEMENT,the AGENCY any professional liability insurance secured by the shall make an equitable adjustment in the CONSULTANT,the AGENCY will be named on all (1) maximum amount payable;(2)delivery or certificates of insurance as an additional insured.The completion schedule,or both;and(3)other CONSULTANT shall furnish the AGENCY with affected terms and shall modify the AGREE- verification of insurance and endorsements required MENT accordingly. by this AGREEMENT.The AGENCY reserves the right to require complete,certified copies of all C. The CONSULTANT must submit its"request required insurance policies at any time. for equitable adjustment"(hereafter referred to as claim)under this clause within 30 days from All insurance shall be obtained from an insurance the date of receipt of the written order. However, company authorized to do business in the State of if the AGENCY decides that the facts justify it, Washington.The CONSULTANT shall submit a the AGENCY may receive and act upon a claim verification of insurance as outlined above within submitted before final payment of the 14 days of the execution of this AGREEMENT to AGREEMENT. the AGENCY. D. Failure to agree to any adjustment shall be a No cancellation of the foregoing policies shall be dispute under the Disputes clause.However effective without thirty(30)days prior notice to nothing in this clause shall excuse the CON- the AGENCY. SULTANT from proceeding with the The CONSULTANT's professional liability to the AGREEMENT as changed. AGENCY shall be limited to the amount payable E. Notwithstanding the terms and condition of under this AGREEMENT or one million dollars, paragraphs(a)and(b)above,the maximum whichever is the greater unless modified by amount payable for this AGREEMENT,shall Exhibit H. In no case shall the CONSULTANT's not be increased or considered to be increased professional liability to third parties be limited in except by specific written supplement to this any way. AGREEMENT. The AGENCY will pay no progress payments XV under Section V until the CONSULTANT has fully ENDORSEMENT OF PLANS complied with this section.This remedy is not exclu- sive;and the AGENCY and the STATE may take The CONSULTANT shall place his endorsement on such other action as is available to them under other all plans,estimates or any other engineering data provisions of this AGREEMENT,or otherwise in law. furnished by him. �irrr Page 7 of 8 vvi v\/111 Page 7 of 8 XVI XVIII FEDERAL AND STATE REVIEW COMPLETE AGREEMENT The Federal Highway Administration and the This document and referenced attachments contains Washington State Department of Transportation all covenants, stipulations and provisions agreed upon shall have the right to participate in the review or by the parties.No agent,or representative of either examination of the work in progress. party has authority to make, and the parties shall not be bound by or be liable for, any statement,represen- XVII tation,promise or agreement not set forth herein. No CERTIFICATION OF THE CONSULTANT changes,amendments,or modifications of the terms AND THE AGENCY hereof shall be valid unless reduced to writing and Attached hereto as Exhibit"A-1",are the signed by the parties as an amendment to this Certifications of the Consultant and the Agency, AGREEMENT. Exhibit"A-2"Certification regarding debarment, XIX suspension and other responsibility matters-primary EXECUTION AND ACCEPTANCE covered transactions, Exhibit"A-3"Certification regarding the restrictions of the use of Federal funds This AGREEMENT may be simultaneously executed for lobbying,and Exhibit"A-4"Certificate of Current in several counterparts,each of which shall be Cost or Pricing Data. Exhibits"A-3"and"A-4"are deemed to be an original having identical legal effect. only required in Agreements over$100,000. The CONSULTANT does hereby ratify and adopt all statements, representations,warranties,covenants, and agreements contained in the proposal,and the supporting materials submitted by the CONSULT- ANT,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. By By Consultant Parametrix, Inc Agency City of Renton Page 8 of 8 Consultant/Address/Telephone Supplemental Signature Parametrix, Inc. 444r"' Pagefor 1231 Fryar Ave.,P.O. Box 460 Standard Consultant Sumner,WA 98390-1516 Agreement Agreement Number Project Title And Work Description Construction Management Services for Sunset Federal Aid Number Blvd.(SR 900)/Duval Ave. Improvement STPH-0900(21) Project Local Agency City of Remton THIS AGREEMENT, made and entered into this 10th day of April , 2006 , between the Local Agency of City of Remton , Washington, hereinafter called the "AGENCY" ,and the above organization hereinafter called the"CONSULTANT". In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written. CONSULTANT LOCAL AGENCY 'glow By By Consultant Parametrix, Inc Agency City of Renton By By Consultant Agency By Agency By Agency DOT Form 140-089A EF Revised 4/98 �rr■� Exhibit A-1 Certification Of Consultant Project No. Local Agency I hereby certify that I am and duly authorized representative of the firm of Parametrix,Inc. whose address is and that neither I nor the above firm I here represent has: (a) Employed or retained for a commission,percentage,brokerage, contingent fee or other consideration, any firm or person(other than a bona fide employee working solely for me or the above CONSULTANT)to solicit or secure this contract. (b) Agreed, as an express or implied condition for obtaining this contract, to employ or to retain the services of any firm or person in connection with carrying out the contract. (c) Paid,or agreed to pay, to any firm,organization or person(other than a bona fide employee working solely for me or the above CONSULTANT) any fee,contribution donation or consideration of any kind for,or in connection with procuring or carrying out the contract;except as here expressly stated(if any): I further certify that the firm I hereby represent is authorized to do business in the State of Washington and that the firm is in full compliance with the requirements of the board of Professional Registration. I acknowledge that this certificate is to be available to the State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation,in connection with this contract involving participation of Federal aid funds and is subject to applicable State and Federal laws, both criminal and civil. Date Signature Certification of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of City of Remton Washington and that the above consulting firm or their representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract to: (a) Employ or retain,or agree to employ or retain, any firm or person, or (b) Pay or agree to pay to any firm,person or organization, any fee, contribution,donation or consideration of any kind,except as here expressly stated(if any). I acknowledged that this certificate is to be available to the Federal Highway Administration, U.S.Department of Transportation,in connection with this contract involving participation of Federal aid highway funds and it subject to applicable State and Federal laws,both criminal and civil. Date Signature Exhibit A-2 Certification Regarding Debarment, Suspension, and Other Responsibility Nifty Matters-Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft,forgery, bribery,falsification or destruction of records,making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(federal, state, or local)with commission of any of the offenses enumerated in paragraph 1.b. of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state,or local)terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant(Firm): Parametrix, Inc. (Date) (Signature)President or Authorized Official of Consultant AIME\ Exhibit A-3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifies,by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant,the making of any federal loan, the entering into of any cooperative agreement,and the extension,continuation,renewal, amendment,or modification of any federal contract, grant,loan,or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress,or an employee of a member of Congress in connection with this federal contract,grant,loan,or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31,U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. ;,, ed The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed$100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant(Firm): Parametrix,Inc. (Date) (Signature)President or Authorized Official of Consultant `rrr� Exhibit A-4 Certificate of Current Cost or Pricing Data **sr, This is to verify that, to the best of my knowledge and belief, the cost or pricing data(as defined in section 15.401 of the Federal Acquisition Regulation(FAR)and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing,to the contracting officer or to the contracting officer's representative in support of Exhibit B, Budget Summary * are accurate,complete, and current as of March 28, 2006 **. This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal. Firm Parametrix, Inc. Name Title Date of Execution*** March 28, 2006 * Identify the proposal,quotation,request for price adjustment,or other submission involved, giving the appropriate identifying number(e.g.,RFP No.). ** Insert the day,month, and year when price negotiations were concluded and price agreement was reached. *** Insert the day,month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. PARAMETRIX Exhibit B Form 01-PD-40/Rev.05/01 Budget Estimate City of Renton Sunset Blvd. (SR 900)/ Duvall Ave. BUDGET SUMMARY Direct Salary Overhead Overhead Fixed Fee Total Cost Rate Cost 2e.oi Task Description in r 9 S atu es 7% Project Management&Administration 1.1 Project Meetings $5,491 185% $10,159 $1,538 $17,190 1.2 Coordination $3,938 185% $7,284 $1,103 $12,326 1.3 Coorespondence $2,286 185% $4,228 $640 $7,156 1.4 Progress Reports $1,307 185% $2,418 $366 $4,093 1.5 QA/QC $3,448 185% $6,378 $965 $10,793 2.0 Construction Observation&Field Records 2.1 Construction Observation $24,049 155% $37,275 $6,734 $68,059 2.2 Field Records $4,509 155% $6,989 $1,263 $12,762 2.3 Traffic Control Monitoring $752 155% $1,165 $210 $2,128 2.4 Project Schedule $752 155% $1,165 $210 $2,128 2.5 Final Walk Through(Punch list) $429 155% $666 $120 $1,217 jDocumentation 3.o Pro ect _ »:#>'•> >»>'•>>:'•.>:'•<'•:'•?>:`•:z:: `»>`»>:'>>:`•»>z'#::s»E?> ':'•>:`>:'•:`:>:'•»»»:'•>:'•>'•>•>[.>`•> 3.1 Material Acceptance and Quality Control $2,428 185% $4,492 $680 $7,601 3.2 Progress Payments $3,269 185% $6,048 $915 $10,235 3.3 RFI's $2,224 185% $4,114 $623 $6,963 Project Manager-Date 3.4 Change Order Processing $1,456 185% $2,694 $408 $4,560 3.5 Punch list documentation $788 185% $1,457 $221 $2,467 Total Labor Cost $57,125 $96,533 $15,995 $169,679 Division Manager-Date 4.0 Reimbursable Expenses $2,500 Total w/Expenses $172,179 5.0 Management Reserve $10,000 Office Manager-Date Total Project $182,179 File Name:Construction Admin Budget 3-2 v.xls Pro :livery System Page 1 o .JMMARY Date Printed: .,,2006 PA .TRIX Exhbit B Form 01-PD-40 u5101 Budget Estimate City of Renton Sunset Blvd. (SR 900)/ Duvall Ave. Labor Categories Project Manager QA/QCTech Aid Construction Word Proc. Labor Amount Engineer Observer Direct Salary Rate ' $43.75 $49.69 $21.48 $26.84 $21.91 Task Description Juliann sc' do n Jul is n P Greg Stidham TerryWrightiDada Wright John Maddock Cooley Y MiiiiiniMiiliniiEiMi ,.. 1 - Project Management&Administration - 1.1 Project Meetings 84 56 28 $5,491 - 1.2 Coordination 90 $3,938 -1.3 Coorespondence 30 30 15 $2,286 - 1.4 Progress Reports 15 15 15 $1,307 - 1.5 QA/QC 30 30 30 $3,448 2- Construction Observation&Field Records -2.1 Construction Observation 896 $24,049 -2.2 Field Records168 $4,509 -2.3 Traffic Control Monitoring 28 $752 -2.4 Project Schedule 28 $752 -2.5 Final Walk Through(Punch list) 16 $429 3- Project Documentation -3.1 Material Acceptance and Quality Control P8 56 $2,428 -3.2 Progress Payments 60 30 $3,269 -3.3 RFI's 28 8 28 $2,224 -3.4 Change Order Processing 16 10 8 4 $1,456 -3.5 Punch list documentation .......__...._......................._....__..._.___..................__.................._....................._._..............._.................._......_........_16.._..............__................_..................._......._.........._...................._................_..........,......................................._4...................,............,......_$788........_............ j TOTALS 397 48 253 1136 66 $57,125 File Name:Construction Admin Budget 3-28-06 rev.xls Project Delivery System Page 1 of 1 -Labor Date Printed:3/28/2006 PARAMETRIX Exhibit B Form 01-PD-40/Rev.05/01 Budget Estimate Task Detail Sheet Breakdown of Labor Hours by Tasks Person Greg Stidham Terry Wright Dada Wright Construction Observer Word Proc. Hours/ Total Hours Hours/ Total Hours Hours/ Total Hours Hours/ Total Hours Hours/ Total Hours Task Subtask Description Duration(Weeks) Week for Task Week for Task Week for Task Week for Task Week for Task 1 Project Management&Administration .#•»,s..:.::s..c..:,o •>:: MM;.,. ..r. ..... gl.,.. :..:.. ..Nt: ,:4•:.a:: .-:l..: ,.'..: .,•.: .......... 1.1 Project Meetings 28 3 84 2 56 1 28 1.2 Coordination 30 3 90 <a»: ;. '•pMii.j >%'•'s 1.3 Coorespondence 30 1 30 1 30 :::::: igi >::iN 0.5 15 1.4 Progress Reports 30 0.5 15 i 0.5 15 i" ``>;»:zr 0.5 15 1.5 QA/QC 30 1 30 1 30 1 30 :::: �., ! '.'•` "'"`! 2 Construction Observation bservation&Field Records 4vh < V44pi. ntiyFw::•��f,: y :•: , <\.w.:vt: x ?:": :u,:.?.: : ne+� .::?: :wnv :v:m.:..+:n : w:::::•:::n:•w:::> n;4,.::;. mi:•.:$.n• x+•t•::. :::::::::::::::•:::.:.:::: 2.1 Construction Observation »`:»< : : > »:>::> : :;; >:;a,;r.:: N>: ::>:::::»:'::: :::>::::>:::> S :: .;:.;:.:.:.; : : 32 896 :;:•>:s::»;;:•;:•:•>:;:<•;:•;>:•; 2.2 Field Records 28 2.3 Traffic Control Monitoring on 28 9 28 ':'`'rie'�:;: ;:;::�:�:::%:>:�rii:�'r?:`•:»#:%�3<:� :%3233 :'•:'�::` `:�!:`•:%::� r #2< :�?i >::r'•2:`•:�rt3E�?:': 1 2.4 Project Schedule28 :::x::::::::: :.�::::.�: ::::.:_::::::::.c:..................... :�>:.::<>: �»»::<:« ss:>»ss 1 28 i'»'>s:::.::i�>i�i#i%�`#•`:{ii i�"r��? iS�:•:::...;:::.:::::.:.••::•::.;•;:•:a'•: '.;�.;;:;.;:�f;Y�'i`:`•::'t `SSSP ...!......W.;.....1../.........!^..!......!. Y..HI;II;H;Ii,N.1.....!!....!../.!.!.!.!.M.N.... �.!...!...!..... }i :•::iM M;.M•/l':.::1';I I I I'::� •.: 2.5 Final Walk Throu Punch list) ••:::_:::::::::::::::::::::::.:::::: : :•::::::::::::::......:. »:;:.;:..>::.::.::::::>;:.:>:.::.> 9hl 1 16 16 3 Project ec Documentation ... ,.,...... .:::::::::.... w:: .....:wn.::}:::.tv:•}}?::{•:•:•i::•tin:•:•::•:::•:iiji:i;?;:i?i;::,:•:l•:•S0:�:•:�:i:•i;:;:;:;:y{:;:;:8::h'4:•:::•" ........................ 3.1 Material Acceptance and Quality Control 28 1 28 2 56 3.2 Progress Payments 30 2 60 "' " ""'n',. 3.3 RFI's 28 1 28 1 i 28 :: :»>s::>:`::t5:s :•::�:::• :• ilii; p 3.4 Change Order Processing 1 16 16 10 10 8 8 "'`i " ;;I I;:VI !I I I "'``^` 4 4 3.5 Punch list documentation 1 16 i 16 ............................... 4 4 Total hours by Person 397 40 253 1136 66 File Name:Construction Admin Budget 3 evils Proj iery System Page 1 of 1-Du .-.elated Task Detail Date Prince : .28/2006 New Exhibit B-2 Scope of Services Construction Management Services for Sunset Blvd. (SR 900)/Duval Ave. Improvement Project Parametrix will provide construction management and construction observation services as authorized by the City of Renton. The scope of services is summarized in the following task list. Task 1 - Project Management and Administration 1.1 Project Meetings- Organize, attend, and facilitate weekly project construction meetings. 1.2 Coordination-Provide necessary coordination with: • City of Renton Staff • WSDOT Local Programs staff • WSDOT Staff regarding State right of way issues • Testing firm(Cascade Testing) • Engineer of Record(Berger/Abam) 1.3 Correspondence-Prepare written correspondence as needed to document project management issues. 1.4 Progress Reports -Prepare Parametrix monthly billings and progress reports. 1.5 Quality Assurance/Quality Control—Perform monthly independent 'r.✓ QA/QC reviews of project management and documentation procedures by a Parametrix senior engineer. Assumptions: • It is assumed that Project Management services will last approximately 150 working days. Deliverables for Task 1: • Minutes for each meeting will be provided to all attendees. • Miscellaneous correspondence to document project management issues. • Monthly Progress Reports enclosed with invoices. Task 2 - Construction Observation and Field Records 2.1 Construction Observation -Provide fulltime on-site construction observation for a total of 140 working days. 2.2 Field Records-Prepare and/or collect documentation required by the Local Agency Guidelines,including field books,field test records,diaries invoices, weigh bills, truck measurements, quantity tickets, and receiving reports. Project photos taken during construction will also be provided. All field records will be organized in a project field office file. Throughout the project, copies of documents will be made accessible electronically via 'game City of Renton March 28,2006 Sunset Blvd./Duvall Ave. Intersection Improvement Project Exhibit B-2-Scope of Services 1 Parametrix FTP site. Project field office file will be delivered to the City of Renton at the end of project closeout. 2.3 Traffic Control Monitoring- Coordinate with Traffic Control Supervisor for ongoing traffic control issues. Receive and review daily traffic control reports. 2.4 Project Schedule-Review and coordinate with contractor's project schedule. Progress will be monitored and documented on a weekly basis. 2.5 Final Walk Through—Conduct a final inspection of project after substantial completion. Includes one reinspection once contractor has completed all punch list items. Assumptions: • This task assumes one construction observer on site full time for a period of 159 working days,during construction. If additional construction observation is needed during construction, Parametrix can provide additional qualified staff. • This task assumes one final punch-list inspection and one reinspection. • The construction contractor will provide office space with a desk and file cabinet and use of a copy machine to be used by the Parametrix construction observer. Deliverables for Task 2: • Field Records. • Project Schedule weekly updates. Task 3 - Project Documentation 3.1 Material Acceptance and Quality Control -Receive and review contractor's material submittals for compliance with the project plans, specifications, and record of materials. Prepare and submit Materials Certification for City signature. 3.2 Progress Payments -Prepare/review monthly progress estimates based on measurements of work performed by the construction contactor. Review contractor's payroll statements and affidavits of wages paid for compliance with prevailing wage rates. Conduct periodic interviews of construction staff to verify compliance with wages rate requirements and DBE goals. 3.3 Requests for Information -Review and respond to Requests for Information. Coordinate with City,WSDOT, and/or Engineer of record as necessary. 3.4 Change Order Processing -Review change order requests,provide necessary documentation to City and WSDOT Local Programs for review approval, and process approved change orders with contractor. 3.5 Punch List documentation-Prepare written punch list based on Construction Observer's final walk through inspection. City of Renton March 28,2006 Sunset Blvd./Duvall Ave. Nod Intersection Improvement Project Exhibit B-2—Scope of Services 2 • Assumptions: • This task assumes that RFI's and Change Orders will be at a minimum (less than 10 each). Should an excessive number of either be required through no fault of Parametrix, it is assumed addition funds will be authorized to cover the additional time for processing these items. Deliverables for Task 3: • Material Acceptance documentation. • Construction progress estimates. • Request for Information documentation. • Change Order Documentation. • Punch list document. Task 4—Reimbursable Expenses Reimbursable expenses will be itemized and billed on a time and material basis. Assumptions: • Travel for construction observer between his home and project site will not be charged to the project. Mileage for construction observer while performing tasks related to the project will be charged as a reimbursable expense. Task 5 -Management Reserve This task will be used to cover overruns of direct salary and overhead costs that might occur under the existing scope of work,or for additional work that may be requested that is outside the agreement scope of work. Work under this task will be authorized by a Formal Task Assignment Document. End of scope `tory City of Renton March 28,2006 Sunset Blvd./Duvall Ave. Intersection Improvement Project Exhibit B-2—Scope of Services 3 ammoisior Exhibit C-2 Payment (Cost Plus Fixed Fee) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for all work performed or services rendered and for all labor,materials, equipment, and incidentals necessary to complete the work specified in Section II, "Scope of Work." The CONSULTANT shall conform with the applicable portion of 48 CFR 31. A. Actual Costs Payment for all consulting services for this project shall be on the basis of the CONSULTANT's actual cost plus a fixed fee. The actual cost shall include direct salary cost,overhead, and direct nonsalary cost. 1. Direct Salary Costs The direct salary cost is the direct salary paid to principals,professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. 2. Overhead Costs Overhead costs are those costs other than direct costs which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the rate shown in the heading of this AGREEMENT, under"Overhead Progress Payment Rate." Total overhead payment shall be based on the method shown in the heading of the AGREEMENT. The three options are explained as follows: a. Actual Cost Not To Exceed Maximum Percent: If this method is indicated in the heading of this AGREEMENT,the AGENCY agrees to reimburse the CONSULTANT at the actual overhead rate verified by audit up to the maximum percentage shown in the space provided. Final overhead payment when accumulated with all other actual costs shall not exceed the total maximum amount payable shown in the heading of this AGREEMENT. b. Fixed Rate: If this method is indicated in the heading of the AGREEMENT,the AGENCY agrees to reimburse the CONSULTANT for overhead at the percentage rate shown. This rate shall not change during the life of the AGREEMENT. A summary of the CONSULTANT's cost estimate and the overhead computation are attached hereto as Exhibit D-1 and by this reference made part of this AGREEMENT. When an Actual Cost method, or the Actual Cost Not To Exceed method is used, the CONSULTANT(prime and all subconsultants)will submit to the AGENCY within three months after the end of each firm's fiscal year, an overhead schedule in the format required by the AGENCY(cost category,dollar expenditures,etc.)for the purpose of adjusting the overhead rate for billing purposes. It shall be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's overhead cost to reflect the actual rate. Failure to supply this information by either the prime consultant or any of the subconsultants shall cause the agency to withhold payment of the billed overhead costs until such time as the required information is received and an overhead rate for billing purposes is approved. The STATE and/or the Federal Government may perform an audit of the CONSULTANT's books and records at any time during regular business hours to determine the actual overhead rate, if they so desire. 3. Direct Nonsalary Costs Direct nonsalary costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include,but are not limited to the following items: travel,printing,long distance telephone, supplies, computer charges, and fees of subconsultants. Air or train travel will only be reimbursed to economy class levels unless otherwise approved by the AGENCY. Automobile mileage for travel will be reimbursed at the current rate approved for AGENCY employees and shall be supported by the date and time of each trip with origin and destination of such trips. Subsistence and lodging expenses will be reimbursed at the same rate as for AGENCY employees. The billing for nonsalary cost,directly identifiable with the Project, shall be an itemized listing of the charges supported by copies of original bills,invoices, expense accounts, and miscellaneous supporting data retained by the CONSULTANT. Copies of the original supporting documents shall be provided to the AGENCY upon request. All of the above charges must be necessary for the services to be provided under this AGREEMENT. 4. Fixed Fee The fixed fee, which represents the CONSULTANT's profit,is shown in the heading of this AGREEMENT under Fixed Fee. This amount does not include any additional fixed fee which could be authorized from the Management Reserve Fund. This fee is based on the scope of work defined in this AGREEMENT and the estimated man-months required to perform the stated scope of work. In the event a supplemental agreement is entered into for additional work by the CONSULTANT, the supplemental ‘416„r agreement may include provisions for the added costs and an appropriate additional fee. The fixed fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the monthly progress reports accompanying the invoices. Any portion of the fixed fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX,Termination of Agreement. 5. Management Reserve Fund The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator the flexibility of authorizing additional funds to the AGREEMENT for allowable unforeseen costs,or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of$50,000 or 10%of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this agreement. This fund may be replenished in a subsequent supplemental agreement. Any changes requiring additional costs in excess of the"Management Reserve Fund"shall be made in accordance with Section XIV, "Extra Work." 6. Maximum Total Amount Payable The maximum total amount payable,by the AGENCY to the CONSULTANT under this AGREEMENT, shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, which includes the Fixed Fee and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for extra work as stipulated in Section XIV, "Extra Work." B. Monthly Progress Payments The CONSULTANT may submit invoices to the AGENCY for reimbursement of actual costs plus the calculated overhead and fee not more often than once per month during the progress of the work. Such invoices shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, General Requirements,of this AGREEMENT. The invoices will be supported by an itemized listing for each item including direct salary,direct nonsalary, and allowable overhead costs to which will be added the prorated Fixed Fee. To provide a means of verifying the invoiced salary costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment Final payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS&E,plans,maps,notes, reports, and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such final payment by the CONSULTANT shall constitute a release of all claims for payment which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said final payment shall not,however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and that at the time of final audit, all required adjustments will be made and reflected in a final payment.In the event that such final audit reveals an overpayment to the CONSULTANT,the CONSULTANT will refund such overpayment to the AGENCY within ninety(90) days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. D. Inspection of Cost Records The CONSULTANT and the subconsultants shall keep available for inspection by representatives of the AGENCY and the United States,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 with the following exception: if any litigation, claim,or audit arising out of,in connection with, or related to this contract is initiated before the expiration of the three-year period, the cost records and accounts shall be retained until such litigation,claim, or audit involving the records is completed. Exhibit E w. Ntiby Parametrix,Inc. Overhead Calculation for year ended December 31,2004 2004 Adjusting i3::.{)yeiheail,: .: Classification Entriesz17B6`31200.4.;::i:. Direct Labor Base $14,773,875 ($52,687) A. $14,721,188 100.00% Overhead Expenses Administrative Salaries $7,556,874 ($38,356) A. $7,518,518 51.07% Training Salaries 340,295 340,295 2.31% Vacation,Sick Leave,Holidays 3,142,077 3,142,077 21.34% Bonuses 804,193 (78,583) B. 725,610 4.93% Marketing Salaries 2,858,353 2,858,353 19.42% Advertising Expense 55,674 (55,674) C. 0 0.00% Marketing Expenses 271,418 (81,425) D. 189,993 1.29% ESOP Trust(Retirement Plan) 0 0 0.00% Payroll Taxes 2,410,090 2,410,090 16.37% Excise Taxes 651,626 651,626 4.43% Insurance 416,508 416,508 2.83% Medical Insurance 2,420,168 2,420,168 16.44% Office Rent 2,195,117 (17,048) E. 2,178,069 14.80% Office Expenses&Supplies 240,533 (33,734) F. 206,799 1.40% Special Awards,Client Service 165,866 (123,740) G. 42,126 0.29% Printing,Copier/Printer Supplies 513,565 (4,246) H. 509,319 3.46% Billed In-house Printing (127,465) (127,465) -0.87% Telephone 300,899 300,899 2.04% Billed In-house Telephone (1,185) (1,185) -0.01% Depreciation 1,019,920 1,019,920 6.93% Goodwill 0 0 0.00% Business Meals 71,935 (64,741) L 7,193 0.05% Auto Expense 264,706 (110) J. 264,596 1.80% Billed In-house Mileage (183,799) (183,799) -1.25% Office Travel 281,238 (19,413) K. 261,825 1.78% Subscriptions,Library Material 73,815 73,815 0.50% Dues 70,563641 L.8, ( ) 61,922 0.42% Donations 33,647 (33,647) M. 0 0.00% Professional Licenses 12,779 12,779 0.09% Postage,Couriers,Freight 75,111 75,111 051% Training/Education 515,653 (40,503) N. 475,150 3.23% Field Equipment/Supplies 18,256 18,256 0.12% Lab Equipment/Supplies 34,153 34,153 0.23% Sampling Equipment/Supplies 9,716 9,716 0.07% Health&Safety Equipment/Supplies 3,443 3,443 0.02% Survey Equipment/Supplies 23,801 23,801 0.16% Boat Equipment/Supplies 14,923 14,923 0.10% Billed In-house Equipment (103,575) (103,575) -0.70% Office Furniture 46,759 Office Equipment 83,804 46,759 0.32% Computer Supplies/Software 83,804 4.5 663,208 663,208 4.51%% Billed In-house Computer Charges (8,918) (8,918) -0.06% Recruiting Costs 101,150 (121) 0. 101,029 0.69% Payroll,Legal&Audit 263,307 (14,409) P. 248,899 1.69% TBsnporaryLabor 45,939 45,939 0.31% Consulting Services 300,768 300,768 2.04% Employee Relocation Costs 19,805 19,805 0.13% Bad Debts 61,104 (61,104) Q. 0 0.00% Office Moving/Remodeling 248,776 (143) R. 248,633 1.69% Personal Property Taxes 26,089 26,089 0.18% Utilities/Building Maintenance 155,257 155,257 1.05% Interest,Bank Charges 79,161 (60,953) S. 18,209 0.12% Cost of Capital 136,961 T. 136,961 0.93% G&A Alloc to Krei Architecture (313,150) (313,150) -2.13% Total Overhead Expenses $28,223,954 (599,629) $27,624,324 Overhead Rate 191.04% 3.39% 181.65%:. 187.65% Exhibit C-2 Payment (Cost Plus Fixed Fee) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for all work performed or services rendered and for all labor,materials, equipment, and incidentals necessary to complete the work specified in Section II, "Scope of Work." The CONSULTANT shall conform with the applicable portion of 48 CFR 31. A. Actual Costs Payment for all consulting services for this project shall be on the basis of the CONSULTANT's actual cost plus a fixed fee. The actual cost shall include direct salary cost,overhead, and direct nonsalary cost. 1. Direct Salary Costs The direct salary cost is the direct salary paid to principals,professional,technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. 2. Overhead Costs Overhead costs are those costs other than direct costs which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the rate shown in the heading of this AGREEMENT,under"Overhead Progress Payment Rate." Total overhead payment shall be based on the method shown in the heading of the AGREEMENT. The three options are explained as follows: a. Actual Cost Not To Exceed Maximum Percent: If this method is indicated in the heading of this AGREEMENT, the AGENCY agrees to reimburse the CONSULTANT at the actual overhead rate verified by audit up to the maximum percentage shown in the space provided. Final overhead payment when accumulated with all other actual costs shall not exceed the total maximum amount payable shown in the heading of this AGREEMENT. b. Fixed Rate: If this method is indicated in the heading of the AGREEMENT, the AGENCY agrees to reimburse the CONSULTANT for overhead at the percentage rate shown. This rate shall not change during the life of the AGREEMENT. A summary of the CONSULTANT's cost estimate and the overhead computation are attached hereto as Exhibit D-1 and by this reference made part of this AGREEMENT. When an Actual Cost method, or the Actual Cost Not To Exceed method is used, the CONSULTANT(prime and all subconsultants)will submit to the AGENCY within three months after the end of each firm's fiscal year, an overhead schedule in the format required by the AGENCY(cost category,dollar expenditures, etc.)for the purpose of adjusting the overhead rate for billing purposes. It shall be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's overhead cost to reflect the actual rate. Failure to supply this information by either the prime consultant or any of the subconsultants shall cause the agency to withhold payment of the billed overhead costs until such time as the required information is received and an overhead rate for billing purposes is approved. The STATE and/or the Federal Government may perform an audit of the CONSULTANT's books and ate„ records at any time during regular business hours to determine the actual overhead rate,if they so desire. 3. Direct Nonsalary Costs Direct nonsalary costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to the following items: travel,printing,long distance telephone, supplies, computer charges, and fees of subconsultants. Air or train travel will only be reimbursed to economy class levels unless otherwise approved by the AGENCY. Automobile mileage for travel will be reimbursed at the current rate approved for AGENCY employees and shall be supported by the date and time of each trip with origin and destination of such trips. Subsistence and lodging expenses will be reimbursed at the same rate as for AGENCY employees. The billing for nonsalary cost,directly identifiable with the Project, shall be an itemized listing of the charges supported by copies of original bills, invoices,expense accounts, and miscellaneous supporting data retained by the CONSULTANT. Copies of the original supporting documents shall be provided to the AGENCY upon request. All of the above charges must be necessary for the services to be provided under this AGREEMENT. 4. Fixed Fee The fixed fee, which represents the CONSULTANT's profit, is shown in the heading of this AGREEMENT under Fixed Fee. This amount does not include any additional fixed fee which could be authorized from the Management Reserve Fund. This fee is based on the scope of work defined in this AGREEMENT and the estimated man-months required to perform the stated scope of work. In the event a supplemental agreement is entered into for additional work by the CONSULTANT, the supplemental Now agreement may include provisions for the added costs and an appropriate additional fee. The fixed fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the monthly progress reports accompanying the invoices. Any portion of the fixed fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX,Termination of Agreement. 5. Management Reserve Fund The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator the flexibility of authorizing additional funds to the AGREEMENT for allowable unforeseen costs,or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of$50,000 or 10%of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this agreement. This fund may be replenished in a subsequent supplemental agreement. Any changes requiring additional costs in excess of the"Management Reserve Fund"shall be made in accordance with Section XIV, "Extra Work." 6. Maximum Total Amount Payable The maximum total amount payable,by the AGENCY to the CONSULTANT under this AGREEMENT, shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized,which includes the Fixed Fee and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for extra work as stipulated in Section XIV, "Extra Work." B. Monthly Progress Payments The CONSULTANT may submit invoices to the AGENCY for reimbursement of actual costs plus the calculated overhead and fee not more often than once per month during the progress of the work. Such invoices shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, General Requirements,of this AGREEMENT. The invoices will be supported by an itemized listing for each item including direct salary, direct nonsalary,and allowable overhead costs to which will be added the prorated Fixed Fee. To provide a means of verifying the invoiced salary costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment Final payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS&E, plans,maps,notes, reports, and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such final payment by the CONSULTANT shall constitute a release of all claims for payment which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said final payment shall not, however,be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and that at the time of final audit, all required adjustments will be made and reflected in a final payment.In the event that such final audit reveals an overpayment to the CONSULTANT,the CONSULTANT will refund such overpayment to the AGENCY within ninety(90) days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. D. Inspection of Cost Records The CONSULTANT and the subconsultants shall keep available for inspection by representatives of the AGENCY and the United States,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 with the following exception: if any litigation, claim,or audit arising out of,in connection with, or related to this contract is initiated before the expiration of the three-year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. Exhibit F ,, Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Nierie Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. fir+ CITY OF RENTON COUNCIL AGENDA BILL AI#: 5•Le t Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board Utility Systems April 10, 2006 Staff Contact Rick Moreno, x7208 Agenda Status Consent X Subject: Public Hearing.. Final Pay Estimate for CAG-05-085 Correspondence.. Talbot Hill Water Main Replacement-Phase 2 Ordinance Contractor: VJM Construction, Inc. Resolution Old Business Exhibits: New Business Final Pay Estimate Study Sessions Notice of Completion of Public Works Contract Information Project Location Map Recommended Action: Approvals: Council Concur Legal Dept Finance Dept X Other Fiscal Impact: Expenditure Required $6,257.09 (final pay estimate) Transfer/Amendment N/A Amount Budgeted $6,500.00 (final pay estimate) Revenue Generated N/A kill Total Project Budget $800,000.00 City Share Total Project 100% 2005-2006 budget for design, construction&administration SUMMARY OF ACTION: The contractor, VJM Construction, Inc., started construction of the project on August 18, 2005, and completed the project on February 13, 2006. The original contract amount was $666,822.14 and the final contract amount is $672,552.29. The $5,730.15 (less than 1%), increase in cost is due to the need to replace more asphalt roadway pavement than estimated. There are sufficient funds in the Water Utility project budget to cover the final pay estimate. STAFF RECOMMENDATION: Accept the project, approve the final pay estimate in the amount of$6,257.09, and release the retained amount of$30,907.72 after 60 days, subject to the City's receipt of all required authorizations. H:\File Sys\WTR-Drinking Water Utility\WTR-27-Water Project Files\WTR-27-3198-TALBOT HILL PHASE 2\In-House\Agenda-bill-final-pay- estitnate.doc\RLMtp TO: FINANCE DIRECTOR FROM: PUBLIC WORKS ADMINISTRATOR NTRACTOR: VJM Construction, Inc. CONTRACT NO. CAG 05-085 ESTIMATE NO. 6& Final PROJECT: Talbot Hill Water Main Replacement, Phase 2 1. CONTRACTOR EARNINGS THIS ESTIMATE $5,751.00 2. SALES TAX © 8.80% $506.09 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $6,257.09 4. EARNINGS PREVIOUSLY PAID CONTRACTOR $581,783.50 5 EARNINGS DUE CONTRACTOR THIS ESTIMATE $5,463.45 6. SUBTOTAL-CONTRACTOR PAYMENTS $587,246.95 7 RETAINAGE ON PREVIOUS PAY ESTIMATE $30,620.17 8 RETAINAGE ON THIS ESTIMATE $287.55 $30,907.72 9 SUBTOTAL- RETAINAGE 10 SALES TAX PREVIOUSLY PAID $53,891.53 11 SALES TAX DUE THIS ESTIMATE $506.09 12 SUBTOTAL-SALES TAX $54,397.62 GRAND TOTAL: $672,552.29 , ,,ANCE DEPARTMENT ACTION: PAYMENT TO CONTRACTOR (Lines 5 and 11): ACCOUNT # 425/500/18.5960.34.65/55170/55574/5354 $5,969.54 # 6& Final $5,969.54 RETAINED AMOUNT(Line 8): ACCOUNT # 425/500/18.5960.34.65/55170/55574/5354 $287.55 # 6& Final $287.55 TOTAL THIS ESTIMATE: $6,257.09 CHARTER 116, LAWS OF 1965 CITY OF RENTON CERTIFICATION I,THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY,THAT THE MATERIALS HAVE BEEN FURNISHED,THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN,AND THAT THE CLAIM IS A JUST,DUE AND UNPAID OBLIGATION AGAINST THE CITY OF RENTON,AND THAT I AM AUTHORIZED TO AUTHENTICAT AND CERTIFY TO SAIDCLAIM Signed: $©our C�/ b3A43106 70,- -3 --28-c6 Nirse Printed On:03/28/2006 City of Renton Public Works Department Page 1 a Printed On:03/28/2006 City of Renton Public Works Department Page 1 Project: Talbot Hill Water Main Replacement,Phase 2 Contract Number: CAG 05-085 Contractor:VJM Construction,Inc. Pay Estimate 6 8 Final Closing Date: 03/30/2006 r uipi Item Description Unit Est. Unit Previous Previous This This Total Total No. Quantity Price Quantity Amount Quantity Amount Quantity Amount r ITEM DESCRIPT UNITS ESTQTY UPRICE PQTY PAMOUNT THISQTY TAMT TOTQTY TOTAMT 001. Mobilization&Demobilization Lump Sum 1 $60,000.00 1.00 $60,000.00 0.00 $0.00 1.00 $60,000.00 002. Trench Excavation Safety Systems Lump Sum 1 $1,000.00 1.00 $1,000.00 0.00 $0.00 1.00 $1,000.00 003. Construction Surveying Staking and As-Buifs Lump Sum 1 $10,000.00 1.00 $10,000.00 0.00 $0.00 1.00 $10,000.00 004. Temporary Erosion/Sedimentation Controls Lump Sum 1 $3,000.00 1.00 $3,000.00 0.00 $0.00 1.00 $3,000.00 005. Traffic Control Lump Sum 1 $20,000.00 1.00 $20,000.00 0.00 $0.00 1.00 $20,000.00 006. 3/4"Water Service Connection Each 87 $950.00 84.00 $79,800.00 0.00 $0.00 84.00 $79,800.00 007. 3/4"Water Service Connection with no meter Each 4 $900.00 2.00 $1,800.00 0.00 $0.00 2.00 $1,800.00 8-Inch Ductile Iron Pipe,Class 52 and Fittings 008. (Polywrapped) Linear Foot 5103 $46.00 5035.00 $231,610.00 0.00 $0.00 5035.00 $231,610.00 009. 6-inch DIP,CI 52 and Fittings(Polywrapped) Linear Foot 10 $40.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 010. 4-Inch DIP,CI 52 and Fittings(Polywrapped) Linear Foot 78 $30.00 41.00 $1,230.00 0.00 $0.00 41.00 $1,230.00 011. 8-Inch Gate Valve Assembly Each 20 $695.00 20.00 $13,900.00 1.00 $695.00 21.00 $14,595.00 012. 4-Inch Gate Valve Assembly Each 4 $500.00 5.00 $2,500.00 0.00 $0.00 5.00 $2,500.6 013. Fire Hydrant Assembly Each 14 $3,500.00 15,00 $52,500.00 0.00 $0.00 15.00 $52,500.00 014. Connection to Existing Water Main Each 10 $3,800.00 12.00 $45,600.00 0.00 $0.00 12.00 $45,600.00 015. Concrete Thrust Blocking&Dead-man Anchor Blocks Cubic Yard 37 $100.00 17.00 $1,700.00 0.00 $0.00 17.00 $1,700.00 Removal and Replacement of Unsuitable Foundation 016. Material Ton 20 $1.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 017. Select Import Trench Backfill(Gravel Borrow) Ton 500 $12.00 455.43 $5,465.16 0.00 $0.00 455.43 $5,465.16 018. Crushed Surfacing Top Course&Crushed Rods Backfill Ton 700 $15.00 815.24 $12,228.60 0.00 $0.00 815.24 $12,228.60 019. Asphalt Patch Class B Ton 480 $98.00 507.54 $49,738.92 0.00 $0.00 507.54 $49,738.92 020. Remove&Replace Concrete Sidewalk&Driveway Sq.Yard 200 $10.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 021. Remove,Restore Lawn,Landscaping Restoration Lump Sum 1 $15,000.00 1.00 $15,000.00 0.00 $0.00 1.00 $15,000.00 022. Removal of Existing Fire Hyrants,Valve Boxes Lump Sum 1 $2,500.00 1.00 $2,500.00 0.00 $0.00 1.00 $2,500.00 023. 8-Inch Dia.CPEP Storm Pipe Linear Foot 155 $20.00 15.00 $300.00 0.00 $0.00 15.00 $300.00 024. Type 1,Catch Basin Each 4 $600.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 Change Order No.1 Fire Hydrant Relocation/Stuctures& 025. Obstructions 1 $2,531.00 1.00 $2,531.00 0.00 $0.00 1.00 $2,531.00 Change Order No.2 Repair(7)unmarked side sewers, unmarked SD services,and asplalt paving beyond trench 026. limitations 1 $5,056.00 0.00 $0.00 1.00 $5,056.00 1.00 $5,056.00 :/-26 9^ 1.2% •06 Printed On:03/28/2006 City of Renton Public Works Department Page 2 'ect: Talbot Hill Water Main Replacement,Phase 2 Contract Number: CAG 05-085 ,,actor:VJM Construction,Inc. Pay Estimate 6&Final Closing Date: 03/30/2006 Item Description Unit Est. Unit Previous Previous This This Total Total No. Quantity Price Quantity Amount Quantity Amount Quantity Amount Subtotal $612,403.68 $5,751.00 $618,154.68 8.8%Sales Tax $53,891.52 $506.09 $54,397.61 TT Total $666,295.20 $6,257.09 $672,552.29 ..z.?, 9,,,‘ 9, 3.2$.o6 ��4,srADR_ State of Washington Reg.No.: • 04 Department of Revenue s Audit Procedures&Administration Date: a y" PO Box 47474 y'I 1889 a0 Olympia,Washington 98504-7474 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: DEPARTMENT USE ONLY City of Renton Assigned To 1055 South Grady Way Renton,WA 98055 Date Assigned Notice is hereby given relative to the completion of contract or project described below. Description of Contract CAG-05-085 -Talbot Hill Water Main Replacement Project,Phase 2 Water Project No. WTR-27-3198 Contractor's Name VJM Construction, Inc. Telephone No. (425) 868-9066 Contractor's Address 12409 230th Pl.NE,Redmond, WA 98053 Date Work Commenced Date Work Completed Date Work Accepted August 18, 2005 February 13, 2006 April 10,2006 Surety or Bonding Co. Developers Surety and Indemnity Company Agent's Address 225 108th Ave NE,Bellevue,WA 98004 Agent: Patty Aker Nelson,Phone 425-586-1012 Contract Amount: $612,888.00 Amount Disbursed: $641,644.57 Additions $5,266.67 Amount Retained: $30,907.72 Sales Tax: $54,397.62 Total: $672,552.29 Total $672,552.29 By (Disbursing Officer) Phone No: The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, Olympia, Washington 98504-7474, immediately after acceptance of the work done under this contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until receipt of Department's certificate,and then only in accordance with said certificate. Ned H:\File Sys\WTR-Drinking Water Utility\WTR-27-Water Project Files\WTR-27-3198-TALBOT HILL PHASE 2\In- House\Notice_of completion.doc\RLM CAG-05-085 NEW 8-INCH WATER MAIN REPLACEMENT ST• N .! - S• �g1N w Q w = Q Y > CC N Q N O Li cr r) W = O = . S. 15TH ST. 3 > (I) „r„► vi w Q Y Q S. 17TH ST. a 6N U) Q 7 S. 18TH ST. Q 113 N I a. D o S. 19TH ST. TALBOT HILL WATER MAIN REPLACEMENT PROJECT, PHASE II N., PROJECT VICINITY MAP i CITY OF RENTON COUNCIL AGENDA BILL I AI#: Sc h s Submitting Data: For Agenda of: Dept/Div/Board.. Finance & IS Department April 10, 2006 Staff Contact Michael E. Bailey Agenda Status Finance/IS Administrator Consent X Subject: Public Hearing.. Correspondence.. 2006 Budget Amendment Ordinance Ordinance X Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Ordinance Information Recommended Action: Approvals: ® J Legal Dept Council spur f t11/V,�,�.4. Finance Dept A/a/PiCjL COW Other Fiscal Impact: Expenditure Required... $20,741,771 Transfer/Amendment Amount Budgeted Revenue Generated 410,10, Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The proposed Ordinance increases the 2006 Budget in the amount of$20,741,771. STAFF RECOMMENDATION: Approve the 2006 Budget Amendment in the amount of$20,741,771, and authorize first reading of the ordinance. C:\Documents and Settings\mpetersen\Local Settings\Temp\2006 Budget Amendment April 2006.doc c)ti`sY 0 FINANCE AND INFORMATION SERVICES DEPARTMENT seP�' MEMORANDUM NT DATE: C';y., • :a March 29, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: P .Kathy Keolker, Mayor FROM: Mike Bailey, Administrator Admini r 0— SUBJECT: Amending the 2006 Budget ISSUE: The City budget should be amended to provide for the carry forward of 2005 funds for incomplete projects and new, unanticipated projects recommended for 2006. RECOMMENDATION: Adopt an ordinance amending the 2006 budget and designating fund balance reserves. BACKGROUND: `ow, 2005 Carry forward into 2006 - Projects begun, but not completed in 2005 are not typically included in the next year's budget. These are appropriated by amending the new budget to include the unfinished items. The total of appropriations recommended to be carried forward from 2005 to 2006 are: Fund No. Fund Name Amount 000 General Fund Fire Department 15,791 Human Services (42,760) PBPW 7,900 Sub-Total (19,069) 011 Fire Wellness Program 18,500 101 Parks Fund 5,000 316 Municipal Facilities 1,752,096 317 Transportation CIP 3,809,900 402 Airport Fund 225,800 403 Solid Waste Fund 160,000 405 Water Utility 3,214,850 425 Water Utility 4,716,550 426 Sewer Utility 2,234,664 427 Surface Water Utility 1,545,000 424 Golf Course CIP 192,398 502 Insurance Fund 750,000 503 Information Services 259,000 Total 18,864,689 N"'' A detailed explanation for each of the items included in this recommendation is attached. H:\FINANCE\Fund Balances\2006 Fund Balance\issue paper.doc Randy Corman, Council President Members of the Renton City Council Page 2 of 4 April 3,2006 ISO New Requests and Corrections to the 2006 Budget—Staff have identified the need to amend the budget to accommodate new circumstances and/or opportunities. The following amounts are included in the proposed ordinance: Fund No. Fund Name Amount 000 General Fund Finance and Informatin Services 40,000 Human Resources/Risk Management 10,000 PBPW 28,000 City Clerk 40,950 Executive 85,000 Sub-Total 203,950 101 Parks Fund 32,000 103 Streets Fund 28,000 110 Hotel/Motel Fund 22,500 220 LID Debt Service 45,301 316 Municipal CIP 692,000 403 Solid Waste Utility 637 405 Water Utility 53,637 406 Sewer Utility 105,963 407 Surface Water Utility 28,637 427 Surface Water CIP 29,793 451 Water Revenue Bond 212,664 503 Information Services 402,000 601 Fire Pension Fund 20,000 Total 1,877,082 ftud A detailed explanation for each of the items included in this recommendation is attached to the ordinance. Staff will be available to answer questions council may have about the recommendations. Designation of Fund Balance Reserves—A review of the opportunities and challenges at the end of 2005 has resulted in a recommendation to allocate available funds to designated projects. At this time,we are not recommending the appropriation of these funds. We are recommending that they be tentatively identified as available for the identified projects as follows: Fund 316 Municipal Capital Improvements Fund Balance - $ 5.8 million 1. Highlands Redevelopment—$1 million Currently the 2006 budget has $1.5 million reserved. This would set aside a total of $2.5 million for planning work, infrastructure improvements, municipal facilities or other improvements that would assist in the redevelopment of the Highlands area of the city. H:\FINANCE\Fund Balances\2006 Fund Balance\issue paper.doc Randy Corman, Council President Members of the Renton City Council Page 3 of 4 April 3,2006 NN..- 2. Park Maintenance Facility- $1.5 million increase Currently the 2006 budget has $4.2 million reserved. This would set aside a total of $5.7 million of the estimated $8 million needed to fully develop this facility. Funding at $5.7 million would fund the acquisition of property owned by King County adjacent to their solid waste transfer station, and would allow us to complete necessary site preparation work and construct the first phase of the full facility (relocating our maintenance functions dislocated by the construction and expansion of SR-169). We anticipate reserving sufficient funds within the next three years to complete construction of the entire complex. Progress has been made with King County on the purchase of the property. The County has advised that the purchase price of this property will be reinvested by the County into improvements within the West Hill PAA as approved by the City. 3. Sam Chastain Trail - $500,000 Currently the 2006 budget has $293,000 reserved. This would set aside a total of $793,000. This project is receiving serious consideration for a federal grant from Senator Murray's office. The reserved amount would be available to match a federal grant. 4. Springbrook Trail—no set recommendation as yet A reserve recommendation to the Council should be available soon. The current estimate for the project is$1.7 million. Efforts to obtain most of this from grants and other non-city sources will occur. The trail is part of the inter-urban trail system that links cities around Lake Washington. Of equal importance, it provides a stretch of trail that can educate citizens about the importance of natural habitat(since it meanders through the mitigation wetlands). With this educational component, the trail is not just connective to assist the non-motorized initiatives, but also supportive of the idea of having a mitigation bank to protect our environment. General Government Funds - $ 10.6 million 5. Increase cash flow reserve to 10% —$1.84 million The current financial policy calls for an amount of no less than 8.3% of budgeted expenditures as a cash flow reserve target. As our economy grows and essential city services become more important to maintaining the continuity and quality of our community, this recommendation would increase this reserve amount to 10% of budgeted expenditures. This would assure the public that the City can react to temporary downturns in the economy or emergencies utilizing available reserve funds rather than relying on tax increases. Now- H:\FINANCE\Fund Balances\2006 Fund Balance\issue paper.doc Randy Corman, Council President Members of the Renton City Council Page 4 of 4 April 3,2006 6. Establishing a LEOFF Medical Liability Reserve - $1,000,000 The City conducted a study to determine the amount of its obligation under state law to provide for the medical care of its retired fire fighters and police officers. The City should have, but did not set aside funds in the past to address these rising costs. The study, completed last year,reported the present value of this liability at $25.8 million. The adopted 2006 City budget provides about $1.7 million for LEOFF 1 health care costs on a"pay-as-you-go"basis. This will help offset the unfunded liability to some extent however more needs to be done to prevent this burden from impacting the city's future. We will continue to evaluate the study to determine how it took such issues as our increased level of funding and the use of Medicare into consideration. In the meantime,we should start to address this unfunded obligation. 7. Annexations—no set recommendation as yet The Mayor and Council have identified the large annexations as one of the major challenges facing the City in the next several years. The citizens of the East Plateau will most likely be voting this Fall on whether to annex to the city. If they do,we will need to provide Renton type services to this community. We will need to"ramp up"staff and resources in order to meet this need well in advance of the related revenues coming into the city. The County has agreed to assist us by providing$1.75 million towards the costs of the annexation. We will need to "ramp-up" services in this part of our community prior to the receipt of tax or the county revenues. We can then repay the costs with the money from the county. We will schedule further discussion on the ramp up strategies and their related costs. As a reminder, the City continues to have reserves within Fund 502. These are: Anti Recessionary Reserve $2,100,000 Operating Reserve for General Government Funds $4,825,610 ,4100 H:\FINANCE\Fund Balances\2006 Fund Balance\issue paper.doc CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING ORDINANCE NO. 5180 RELATING TO THE CITY OF RENTON FISCAL YEAR 2006 ANNUAL BUDGET. WHEREAS, the City Council passed the City of Renton's 2006 Annual Budget Ordinance(Ordinance No. 5180) on December 12, 2005; and WHEREAS, appropriated funds not expended in 2005 due to capital project interruptions and delays in invoice payments, need to be carried forward into this fiscal year, resulting in the need to amend the City of Renton's 2006 annual Budget; and WHEREAS, it is the City's priority to appropriate new programs and projects to meet Alifte the need of new circumstance and opportunities for the City; and WHEREAS, it is the City's priority to reserve the tentative identified projects and other reserves in the reserved fund balance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Ordinance No. 5180 establishing the City of Renton's 2006 Annual Budget is hereby amended as follows: 1. The General Fund (Fund 000) is hereby amended to reflect the following appropriation amendments: *r.% 1 ORDINANCE NO. GENERAL FUND (Fund 000) FY 2006 Original Amended REVENUES 2005 Budget 2005 Budget Change Funding Source Use prior year revenues 50,096,256 50,281,137 184,881 Revenues 50,096,256 50,281,137 184,881 EXPENDITURES General Fund Appropriation 50,096,256 50,281,137 184,881 Expenditures 50,096,256 50,281,137 184,881 2. The Fire Wellness Program Fund (Fund 011) is created and the appropriation is transferred from the Fire Department Operating Budget. FIRE WELLNESS PROGRAM(Fund 011) FY 2006 Original Amended REVENUES 2006 Budget 2006 Budget Change Funding Source Revenues (Transfer from Fire Dept Fund - 18,500 18,500 000/009) Revenues - 18,500 18,500 EXPENDITURES Fire Wellness Programs - 18,500 18,500 Expenditures - 18,500 18,500 3. The Park Fund (Fund 101) is hereby amended to reflect the following appropriation amendments: PARK FUND (Fund 101) FY 2006 Original Amended REVENUES 2006 Budget 2006 Budget Change Funding Source Use prior year revenues 11,260,376 11,297,376 37,000 Revenues 11,260,376 11,297,376 37,000 EXPENDITURES Budget Appropriation 11,260,676 11,297,676 37,000 Expenditures 11,260,676 11,297,676 37,000 ,4400 2 • ORDINANCE NO. 'Now 4. The Street Fund (Fund 103) is hereby amended to reflect the following appropriation amendments: STREET FUND (Fund 103) FY 2006 Original Amended REVENUES 2006 Budget 2006 Budget Change Funding Source Use prior year revenues 6,738,878 6,766,878 28,000 Revenues 6,738,878 6,766,878 28,000 EXPENDITURES Aerial Photography/Topographic Mapping 6,738,878 6,766,878 28,000 Expenditures 6,738,878 6,766,878 28,000 5. The Hotel/Motel Fund (Fund 110) is hereby amended to reflect the following appropriation amendments: , HOTEL/MOTEL FUND (Fund 110) FY 2006 Original Amended REVENUES 2006 Budget 2006 Budget Change Funding Source Revenues 220,000 242,500 22,500 Revenues 220,000 242,500 22,500 EXPENDITURES Community Services Multi Services Center 220,000 242,500 22,500 Expenditures 220,000 242,500 22,500 6. The LID Debt Services Fund (Fund 220) will be eliminated. The appropriation will be transferred to Fund 406. w 3 ORDINANCE NO. LID DEBT SERVICE (Fund 220) FY 2006 Original Amended REVENUES 2006 Budget 2006 Budget Change Funding Source Revenues/prior year revenue 32,025 77,326 45,301 Revenues 32,025 77,326 45,301 EXPENDITURES Eliminate Fund 220 Transfer budget to fund 406 32,025 77,326 45,301 Expenditures 32,025 77,326 45,301 7. The Municipal Facilities Capital Improvement Fund (Fund 316) is hereby amended to reflect the following appropriation amendments: MUNICIPAL FACILITIES CAPITAL IMPROVEMENT FUND (Fund 316) FY 2006 Original Amended REVENUES 2006 Budget 2006 Budget Change Funding Source Revenues 2,100,000 2,100,000 Use Prior Year Revenues 1,077,000 5,521,096 2,444,096 Revenues 3,177,000 5,621,096 2,444,096 EXPENDITURES Capital Improvement 3,177,000 5,219,096 2,042,096 Transfer Fund Balance to Fund 503 402,000 402,000 Expenditures 3,177,000 5,621,096 2,444,096 8. The Transportation Capital Improvement Fund (Fund 317) is hereby amended to reflect the following appropriation amendments: TRANSPORTATION CAPITAL IMPROVEMENT FUND (Fund 317) FY 2006 Original Amended REVENUES 2006 Budget 2006 Budget Change Funding Source Total New Revenues 16,597,600 16,597,600 Use of Prior Year Revenue 1,686,100 2,496,000 809,900 Use bond proceeds 3,000,000 3,000,000 Revenues 18,283,700 22,093,600 3,809,900 EXPENDITURES Capital Improvement 18,283,700 22,093,600 3,809,900 Expenditures 18,283,700 22,093,600 3,809,900 .441004 ORDINANCE NO. 9. The Airport Fund (Fund 402) is hereby amended to reflect the following Neiw appropriation amendments: AIRPORT(Fund 402) FY 2006 Original Amended REVENUES 2006 Budget 2006 Budget Change New Revenue 1,921,817 1,921,817 Use of Prior Year Revenue 494,983 720,783 225,800 Revenues 2,416,800 2,642,600 225,800 EXPENDITURES Capital Improvement 2,416,800 2,642,600 225,800 Expenditures 2,416,800 2,642,600 225,800 10. The Solid Waste Utility Fund (Fund 403) is hereby amended to reflect the following appropriation amendments: SOLID WASTE UTILITY FUND (Fund 403) FY 2006 Original Amended REVENUES 2006 Budget 2006 Budget Change Funding Source New Revenue 9,104,429 9,104,429 - Use prior year revenue 405,819 566,456 160,637 Revenues 9,510,248 9,670,885 160,637 EXPENDITURES Capital Improvement 9,510,248 9,670,885 160,637 Expenditures 9,510,248 9,670,885 160,637 5 ORDINANCE NO. 11. The Water Utility Fund (Fund 405) is hereby amended to reflect the following appropriation amendments: WATER UTILITY (Fund 405) FY 2006 Original Amended REVENUES 2006 Budget 2006 Budget Change Funding Source New Revenue 7,787,792 7,787,792 Use prior year revenue 571,736 600,373 28,637 Transfer from Fund 425 3,239,850 3,239,850 Revenues 8,359,528 11,628,015 3,268,487 EXPENDITURES Operating budget 8,359,528 8,335,165 -24,363 Aerial Photography/Topographic Mapping 28,000 28,000 Increase ending fund balance 3,264,850 3,264,850 Expenditures 8,359,528 11,628,015 3,268,487 12. The Waste Water Utility Fund (Fund 406) is hereby amended to reflect the following appropriation amendments: WASTEWATER UTILITY (Fund 406) FY 2006 Original Amended REVENUES 2006 Budget 2006 Budget Change Funding Source New Revenue 3,846,688 3,846,688 - Use prior year revenue 84,074 112,711 28,637 Transfer appropriation from Fund 220 77,326 77,326 Revenues 3,930,762 4,036,725 105,963 EXPENDITURES Operating Budget 3,930,762 3,931,399 637 Aerial Photography/Topographic Mapping 28,000 28,000 Transfer appropriation from Fund 220 77,326 77,326 Expenditures 3,930,762 4,036,725 105,963 6 ORDINANCE NO. 13. The Surface Water Utility Fund (Fund 407) is hereby amended to reflect the i..r following appropriation a ro riation amendments: SURFACE WATER UTILITY(Fund 407) FY 2006 Original Amended REVENUES 2006 Budget 2006 Budget Change Funding Source New Revenue 3,089,240 3,089,240 - Use prior year revenue 152,711 181,348 28,637 Revenues 3,241,951 3,270,588 28,637 EXPENDITURES Operating Budget 3,241,951 3,242,588 637 Aerial Photography/Topographic Mapping 28,000 28,000 Expenditures 3,241,951 3,270,588 28,637 14. The Municipal Golf Course System Capital Improvement Fund (Fund 424) is lopay hereby amended to reflect the following appropriation amendments: GOLF COURSE CONSTRUCTION FUND (Fund 424) FY 2006 Original Amended REVENUES 2006 Budget 2006 Budget Change Funding Source New Revenue 154,000 154,000 - Use prior year revenue 96,000 288,398 192,398 Revenues 250,000 442,398 192,398 EXPENDITURES Capital Improvement 250,000 442,398 192,398 Expenditures 250,000 442,398 192,398 Nas 7 • ORDINANCE NO. 15. The Water Utility Construction Fund (Fund 425) is hereby amended to reflect the `" following appropriation amendments: WATER UTILITY CONSTRUCTION FUND (Fund 425) FY 2006 Original Amended REVENUES 2006 Budget 2006 Budget Change Funding Source New Revenue 6,715,000 6,715,000 - Use prior year revenue - 4,716,550 4,716,550 Revenues 6,715,000 11,431,550 4,716,550 EXPENDITURES Capital Improvement 6,715,000 8,191,700 1,476,700 Transfer to Fund 405 3,239,850 3,239,850 Expenditures 6,715,000 11,431,550 4,716,550 16. Waste Water Utility Construction Fund (Fund 426) is hereby amended to reflect the following appropriation amendments: WASTEWATER UTILITY CONSTRUCTION FUND (Fund 426) FY 2006 Original Amended REVENUES 2006 Budget 2006 Budget Change Funding Source New Revenue 2,600,000 2,600,000 - Use prior year revenue - 2,022,000 2,022,000 Transfer 2004 bond proceeds - 212,664 212,664 Revenues 2,600,000 4,834,664 2,234,664 EXPENDITURES Capital Improvement 2,600,000 4,622,000 2,022,000 Increase ending fund balance - 212,664 212,664 Expenditures 2,600,000 4,834,664 2,234,664 8 ORDINANCE NO. 17. The Surface Water Utility Construction Fund (Fund 427) is hereby amended to reflect the following appropriation amendments: SURFACE WATER UTILITY CONSTRUCTION FUND (Fund 427) FY 2006 Original Amended REVENUES 2006 Budget 2006 Budget Change Funding Source New Revenue 2,300,000 2,300,000 Use prior year revenue - 1,574,793 1,574,793 Revenues 2,300,000 3,874,793 1,574,793 EXPENDITURES Capital Improvement 2,300,000 3,845,000 1,545,000 2005 CIP Soft Cap Exp Correction 29,793 29,793 Expenditures 2,300,000 3,874,793 1,574,793 18. The Utility Debt Services Fund (Fund 451) is hereby amended to reflect the following appropriation amendments: '1r✓ UTILITY DEBT SERVICES FUND (Fund 451) FY 2006 Original Amended REVENUES 2006 Budget 2006 Budget Change Funding Source New Revenue 3,103,500 3,103,500 - Use prior year revenue 108,300 320,964 212,664 Revenues 3,211,800 3,424,464 212,664 EXPENDITURES Principal/Interest and others 3,211,800 3,211,800 Transfer the 2004 bond proceeds to Fund 426 212,664 212,664 Expenditures 3,211,800 3,424,464 212,664 Now 9 ORDINANCE NO. 19. The Insurance Fund (Fund 502) is hereby amended to reflect the following *4100 appropriation amendments: INSURANCE FUND (Fund 502) FY 2006 Original Amended REVENUES 2006 Budget 2006 Budget Change Funding Source New Revenue 3,007,503 3,007,503 Use prior year revenue - 750,000 750,000 Revenues 3,007,503 3,757,503 750,000 EXPENDITURES Committed Expenditures 3,007,503 3,757,503 750,000 Expenditures 3,007,503 3,757,503 750,000 20. The Information Services Internal Services Fund (Fund 503) is hereby amended to reflect the following appropriation amendments: INFORMATION SERVICES FUND (Fund 503) FY 2006 Original Amended REVENUES 2006 Budget 2006 Budget Change Funding Source Fund Balance Transfer from Fund 316 3,431,550 3,833,550 402,000 Use fund balance 259,000 259,000 Revenues 3,431,550 4,092,550 661,000 EXPENDITURES IS Projects 3,431,550 3,690,550 259,000 Increase fund balance 402,000 402,000 Expenditures 3,431,550 4,092,550 661,000 10 ORDINANCE NO. 21. The Firemen's Pension Fund (Fund 601) is hereby amended to reflect the following appropriation riation amendments: p PENSION FUND (Fund 601) FY 2006 Original Amended REVENUES 2006 Budget 2006 Budget Change Funding Source New Revenue 223,000 223,000 Use prior year revenue 234,300 254,300 20,000 Revenues 457,300 477,300 20,000 EXPENDITURES Committed Expenditures 457,300 477,300 20,000 Expenditures 457,300 477,300 20,000 SECTION II. Reserved fund balances are hereby amended as follows: 1. Highlands Redevelopment project reserve increased $1,000,000, to a total of $2,500,000. 2. Park Maintenance Facility project reserve increased $1,500,000, to the total of $5,700,000. 3. Sam Chastain Trail project reserve increased$500,000, to the total of$793,000. 4. Cash Flow Reserve increased from 8% to 10% of budgeted expenditures. 5. Establish a LEOFF Medical Liability Reserve of$1,000,000. SECTION III. A list of all individual budget adjustments and descriptions are hereby attached as Attachment A and are available for public review in the Office of the City Clerk, Renton City Hall. SECTION IV. This ordinance shall be effective upon its passage, approval, and five(5) days after publication. Nairiw 11 ORDINANCE NO. PASSED BY THE CITY COUNCIL this day of , 2006. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2006. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1256:4/4/06:ma 12 ORDINANCE NO. Attachment A Title and Description Amount 'fir General Fund 1 Mayor's Office Staff Reorganization: (Mayor's office-New request)request for the $ 85,000 reorganization to the Executive position. 2 Finance Operating Appropriation Request(FIS-New request) 40,000 $20,000 to continue the internship program and$10,000 for regular staff overtime to meet the Business Licenses system implementation need;$10,000 for Eden Finance System Study 3 Human Resources Operating Appropriation Request(HR-New request) 10,000 To assist in dealing with unusual staffing challenges facing the department this year 4 Voter's Registration&Election Costs-(City Clerk Office-New request) 40,950 $11,200 for voters'registration costs and$29,750 for election costs to King County due to actual billing over the budgeted amounts 6 FDM Repair/Maintenance(Fire Department-Carryforward) 15,791 This was not paid from FDM CIP. It should have been paid from Fire Admin. Rep/Maintenance account 7 Human Services(Community Services-Budget Adjustment) (42,760) Reduce$8,660 intermittent salaries and benefits;increase$2,500 contractual account;and reduce$36,600 Summer lunch program due to no longer get reimbursement from State. We are contracting with The Salvation Army(TSA)to run the program Noisy 8 Public Work Admin.Monument Survey(PBPW-Carryforward) 7,900 Carryforward project not completed in 2005 9 Aerial Photography/Topographic Mapping-(PBPW-New Request) 28,000 Increase Budget appropriation in Utilities,Technical Services and Street Engineering Professional Srvcs budget by using prior year Fund Balance General Fund(Fund 000)Total 184,881 Fire Wellness Program 10 Fund 011 Fire Wellness Program 18,500 Transfer appropriation from GF 000/009 Fire department operating budget to create new fund for Fire Wellness Program Fire Wellness Program Fund(Fund 011)Total 18,500 Park Fund 11 Teenage Program(Community Services-Carryforward) 5,000 United Way donated$5,000 to Teenage Program in 2005 12 Integrated Pest Management Program(Community Services-New request) 32,000 Need to meet the contract obligation Park Fund(Fund 101)Total 37,000 1 of 9 • ORDINANCE NO. Attachment A Street Fund 13 Aerial Photography/Topographic Mapping-(PBPW-New Request) 28,000 Increase Budget appropriation in Utilities,Technical Services and Street Engineering Professional Srvcs budget by using prior year Fund Balance Street Fund(Fund 103)Total 28,000 Hotel/Motel Fund 14 HoteUMotel Fund Professional Contract(EDNSP- Increase appropriation) 22,500 Increase the Revenue budget and expenditure appropriation to pay for Hamilton/Saunderson and Chamber contracts Hotel/Motel Fund(Fund 110)Total 22,500 LID Debt Service Fund 15 LID Debt Services Fund 220(LID-New Request) 45,301 Close Fund 220 and transfer the budget and FB to Fund 406 Wastewater Utility Operation Budget LID Debt Service(Fund 220)Total 45,301 Municipal Facilities CIP Fund 16 Library Master Plan(Community Services-New request) 130,000 To complete the master plan of the City Library System as previously discussed 17 Recreation Center Storage Facility 2nd Building(Comm Svcs-New request) 80,000 Allows construction of a needed 2nd storage building at the RCC 18 Henry Moses Pool Lighting(Comm Svcs-New request) 80,000 Relates to project 31 below-provides additional funds to complete project 19 Cedar River Trial Extension(Community Services-Carryforward) 221,148 Easement/lease negotiation,design development drawings,construction bid documents to be completed in 2006 as initial phase of project 20 Comprehensive Plan Update(Community Services-Carryforward) 49,413 Consultant contract executed to complete in 2006 21 City Neighborhood Beautification(Community Service-Carryforward) 24,040 Through an RFQ,we will hire an urban forestry consultant.The consultant will develop an urban forestry ordinance using examples of other ordinances with recommendations applicable to Renton's situation. 22 Parks Contingency Plan(Community Services-Carryforward) 95,000 Consultant executed contract to re-master plan the Cedar River Greenway including Cedar River Park,Liberty Park,and the Narco property addressing potential I-405 impacts-also known as Tri-Park 23 Grant Matching Fund(Community Services-Carryforward) 200,000 Property acquisition with grant match. Likely grants to be received include purchase of Craig property by the Edlund property 2 of 9 ORDINANCE NO. Attachment A 24 Major Maintenance Parks(Community Services-Carryforward) 163,060 Burnett Linear Park:$101,325 project under contract.It is estimated that construction will be completed in June 2006;Riverview Bridge Deck:$36,380 project under contract.Major construction was completed,punch list items are remaining. Coulon Launch Lanes 1-4: $5,500 project under contract; Kennydale Lions Parks:$19,855 project under contract,estimated completion June 2006 25 Maior Maintenance Parks(Community Services-Carryforward) 85,000 Edlund property-$85,000 property demolition,sewer utility connection,property safety measures 26 Tiffany Park Recreation Facility(Community Services-Carryforward) 196,595 Project moved to 2006 with additional funding requested below 27 Major Maintenance Operational Facilities(Community Services-Carryforward) 80,563 Project savings re-appropriated to Tiffany in 2006 for a total of 277,158 28 Major Maintenance Public Facilities(Community Services-Carryforward) 348,981 Public Restroom Renovation($120,000); Liberty Stadium Seating($10,000);RCC Storage Building($100,000);Library DDEC Controls($42,000)related to Master Plan;portions of individual building maintenance(painting,staining);other project savings re-appropriated to Tiffany in 2006 29 Major Maintenance Leased Facility(Community Services-Carryforward) 4,707 Balance for museum mezzanine support in 2006 30 Museum Major Maintenance(Community Services-Carryforward) 10,747 Balance for museum mezzanine support in 2006 31 Henry Moses Pool Lighting(Community Services-Carryforward) 182,105 This amount covers prior grant commitments(See#18 above) 32 South Lake Washington Redevelopment(EDNSP-Carryforward/pass through) 49,610 To cover two contracts with Blumen re:consistency analysis. 32a South Lake Washington Redevelopment(EDNSP-Carryforward) 41,127 Complete redevelopment analysis work started in 2005. 33 Information Services Fund 503(Information Services-New request) 402,000 Request Cash balance transfer from Fund 316 to 503 for IS CIP due to the IS fund becoming Internal Services Fund in 2006 Municipal Facilities CIP Fund(Fund 316)Total 2,444,096 3 of 9 ORDINANCE NO. Attachment A Transportation CIP Fund 34 Street Overlay program(PBPW-TIP-Carryforward) 101,000 Carryforward increase 2006 program 35 SW 27th St./Strander BLVD Connection(PBPW-TIP Carryforward) (1,902,400) Transfer to TIP#12240 Strander BLVD/SW 27th Ph1 Seg 1 36 SW 27th St.Phase 1 Seg 1 (PBPW-TIP Carryforward)Through bond funding 2,485,000 37 Transit Program(PBPW-TIP Carryforward) 3,000 2006 spending anticipated to equal 2005 spending 38 Rainier Ave Corridor Study/Improvement(PBPW-TIP Carryforward) 2,000 Additional coordination with Sound Transit/Design Staff 39 Walkway Program(PBPW-TIP Carryforward) 321,000 To finish 2005 program and construction in 2006. 40 Project Development/Predesign(PBPW-TIP Carryforward) 50,000 Increase in programmed funding for pending transfers 41 May Creek Bridge Replacement(PBPW-TIP Carryforward) 120,000 To begin designing;there is no BRAC grant cycle until 2007 42 Traffic Safety Program(PBPW-TIP Carryforward) 37,000 Additional funding for Heather Downs to the total of$87,000 43 CBD Bike&Ped Connections(PBPW-TIP Carry Forward) 80,000 Construction in 2005/2006:contract sidewalk standards 44 Grady Way Corridor Study(PBPW-TIP Carryforward) (50,000) The study will start mid 2006 or later 45 SR 169 HOV- 140th to SR900-(PBPW-TIP Carry Forward) 906,800 Complete Construction Phase 1,Phase 2 construction 46 Benson Rd-S26th to Main(PBPW-TIP Carry Forward) 157,500 Construction moved to 2006 47 Sunset/Duvall Intersection(PBPW-TIP Carry Forward) 1,528,400 Construction moved to 2007 48 Lake Washington Blvd Slip Plane(PBPW-TIP Carry Forward) (2,400) Completed in 2005 49 Monster Road Bridge(PBPW-TIP Carry Forward) (27,000) Completed in 2005 Transportation CIP Fund(Fund 317)Total 3,809,900 N.r/i 4 of 9 ORDINANCE NO. Attachment A Airport Fund 50 Apron C utility Installation -(PBPW/Airport-Carry Forward) 105,000 New To finish the project not completed in 2005 51 Quonset hut 2nd Fire Escape(PBPW/Airport-Carry Forward) 27,800 To finish the project not completed in 2005 52 Secondary Blast Fence Reconstruction(PBPW/Airport-Carry Forward) 25,000 To fmish the project not completed in 2005 53 Fire Training Area Remediation(PBPW/Airport-Carry Forward) 45,000 To finish the project not completed in 2005 54 622 Hangar-Rehab (PBPW/Airport-Carry Forward) 23,000 To fmish the project not completed in 2005 Airport Fund(Fund 402)Total 225,800 Solid Waste Utility Fund 55 2006 Clean Sweep Renton(PBPW/Solid Waste-Carry Forward) 160,000 Continue the program in 2006 56 Utility Admin Budget 637 Budget correction to 2006 budget Solid Waste Utility Fund(Fund 403)Total 160,637 Water Utility Fund 57 Water Inventory Consumed(PBPW/Waterworks Operating-Carry Forward) (25,000) Ivor To correct 2006 Budget 58 Increase in fund balance (PBPW/Waterworks Operating-Fund balance)Budget 25,000 correction to increase fund balance 59 Utility Admin Budget 637 Budget correction to 2006 budget 60 Aerial Photography/Topographic Mapping-(PBPW-New Request) 28,000 Increase Budget appropriation in Utilities,Technical Services and Street Engineering Professional Srvcs budget by using prior year Fund Balance 61 Fund Transfer/Fund Balance 3,239,850 Transfer fund balance from Fund 425 to Fund 405(reversed the transaction transfer from Fund 401 to 421 in 2005 Carry Forward ordinance) Water Utility Fund(Fund 405)Total 3,268,487 Wastewater Utility Fund 62 Utility Admin Budget 637 Budget correction to 2006 budget 63 Aerial Photography/Topographic Mapping-(PBPW-New Request) 28,000 Increase Budget appropriation in Utilities,Technical Services and Street Engineering err Professional Srvcs budget by using prior year Fund Balance 5 of 9 ORDINANCE NO. Attachment A 64 LID Debt Services Fund 220(LID-New Request) 77,326 Close Fund 220 and transfer the budget and FB to Fund 406 Wastewater Utility Operation Budget Wastewater Utility Fund(Fund 406)Total 105,963 Surface Water Utility Fund 65 Utility Admin Budget 637 Budget correction to 2006 budget 66 Aerial Photography/Topographic Mapping-(PBPW-New Request) 28,000 Increase Budget appropriation in Utilities,Technical Services and Street Engineering Professional Srvcs budget by using prior year Fund Balance Surface Water Utility Fund(Fund 407)Total 28,637 Golf Course Construction Fund 67 Major Maintenance Golf Course(Golf Course Capital-Carry Forward) 192,398 Driving Range Netting replacement,Driving Range turf carpet repair,Clubhouse/Driving Golf Course Construction Fund(Fund 424)Total 192,398 Water Utility Fund 68 Maplewood Water Rights(PBPW/Waterworks Capital-Carry Forward) 27,800 To continue project not completed in 2005 69 Water Telemetry Systems Improvements (PBPW/Waterworks Capital-Carry Forward) 14,600 To finish nroiect not completed in 2005 70 Water System Plan Update(PBPW/Waterworks Capital-Carry Forward) 55,600 To finish project not completed in 2005 71 Update Emergency Response Plan(PBPW/Waterworks Capital-Carry Forward) 50,200 To continue project not completed in 2005 72 Water Main Rehabilitation(PBPW/Waterworks Capital-Carry Forward) 100,000 To finish project not completed in 2005 73 Water Conservation Program(PBPW/Waterworks Capital-Carry Forward) 7,200 To continue project not completed in 2005 74 Update Fireflow Analysis(PBPW/Waterworks Capital-Carry Forward) 5,500 To continue project not completed in 2005 75 Reservoir Recoating(PBPW/Waterworks Capital-Carry Forward) 4,000 To continue project not completed in 2005 76 Emergency Response Projects(PBPW/Waterworks Capital-Carry Forward) 68,500 To continue project not completed in 2005 77 Downtown Core Rehabilitation(PBPW/Waterworks Capital-Carry Forward) 86,300 To continue project not completed in 2005 78 Water Quality Monitoring(PBPW/Waterworks Capital-Carry Forward) 13,600 To continue project not completed in 2005 6 of 9 ORDINANCE NO. Attachment A 79 Highlands 565 Zone 2 MG Reservoir(PBPW/Waterworks Capital-Carry Forward) 391,100 To continue project not completed in 2005 80 Water Pump Stations Rehabilitations (PBPW/Waterworks Capital-Carry Forward) 11,400 To continue project not completed in 2005 81 Maplewood Water Treatment(PBPW/Waterworks Capital-Carry Forward) 396,700 To continue project not completed in 2005 82 Improvements Construction Duvall Ave NE(PBPW/Waterworks Capital-Carry Forward) 100,000 To continue project not completed in 2005 83 Emergency Power to Pump Station(PBPW/Waterworks Capital-Carry Forward) 104,200 To continue nroiect not completed in 2005 84 Water System Security(PBPW/Waterworks Capital-Carry Forward) 40,000 To continue project not completed in 2005 85 Transfer fund balance from fund 425 to 405(PBPW/Fund balance Transfer)Transfer 3,239,850 fund balance from Fund 425 to Fund 405(reversed the transaction transfer from Fund 401 to 421 in 2005 Carry Forward ordinance) Water Utility Construction Fund(Fund 425)Total 4,716,550 Waste Water Utility Construction Fund 86 Sanitary Sewer Main Extension(PBPW/Sewer Capital-Carry Forward)Sunset Interceptor 1,200,000 Phase III(400,000)has design delays of approximately 9 months,requiring construction Nov funds to be carried forward into 2006 due to King County billings.Central Plateau Interceptor Phase II(400,000)carry forward design contract funds from 2005 per Council action in 2005.Carry Forward for oversizing at Wedgwood Lift Station 87 Lift Station Repl/Rehab(PBPW/Sewer Capital-Carry Forward) 30,000 Lake Washington Flush and Misty Cove Lift Station Rehabilitation project is completed,but final close out costs will occur in 2006. 88 Sanitary Sewer Main Replacement (PBPW/Sewer Capital-Carry Forward) Money carry 750,000 forward into 2006 to cover projects that were not completed including:Downtown Sewers (60,000);Earlington Sewer extension(350,000);Sanitary Sewer Model(100,000); SW 27th Street Sewer Stub(40,000);and Renton Center Extension(200,000). 89 Long Range WW Manage.Plan(PBPW/Sewer Capital-Carry Forward) 42,000 To complete the plan in 2006 90 2004 Bond Proceeds transfer to Fund 426 212,664 Transfer the last 2004 bond proceeds to Fund 426 Waste Water Utility Construction Fund(Fund 426)Total 2,234,664 Surface Water Utility Construction Fund 91 Surface Water Utility System Plan(PBPW/Surface Water Capital-Carry Forward) 191,000 Planned multi year project. Project delayed due to Ecology NPDES Permit requirements not being completed and other work priorities due to City transportation project. The Landing *Nov project,and WSDOT I-405 Projects 7 of 9 ORDINANCE NO. Attachment A 92 Small Drainage Projects Program(PBPW/Surface Water Capital-Carry Forward) 79,000 Funding to complete the CBD Utility Replacement project on Wells and Williams Ave S for unplanned CIP needs 93 Lower Cedar River Sediment Management Plan(PBPW/Surface Water Capital-Carry 113,000 Forward)Carryforward funding needed for the Spawning Channel Replacement project that has been delayed due to Army Corps of Engineers funding for the project was not approved. 94 Wetland Mitigation Bank Project(PBPW/Surface Water Capital-Carry Forward) 31,000 Planned Multi year project with WSDOT 95 Renton Storm water Manual(PBPW/Surface Water Capital-Carry Forward)Planned 136,000 Multi Year project.Project delayed due to Ecology NPDES Permit requirements not being completed and other work priorities due to City transportation project,The Landing project, and WSDOT 1-405 Projects 96 Springbrook Creek FEMA Floodplain Map(PBPW/Surface Water Capital-Carry 55,000 Forward) Planned Multi Year project.Project delayed due to FEMA review and requirements for additional technical work.Funding is needed to fmish work not completed in 2005 97 N 26th Street&Park Place N Storm Impro.(PBPW/Surface Water Capital-Carry 202,500 Forward) Funding needed to fmish project not completed in 2005.Project delayed due to not being able to secure the required project easements from property owners vomil 98 May Creek Basin Plan CIP Implementation(PBPW/Surface Water Capital-Carry 399,500 Forward)Planned multi year project.Funding is needed for construction of project in 2006. 99 SW 34th Street Culvert Replacement(PBPW/Surface Water Capital-Carry Forward) 49,500 Planned Multi year project. The funding is needed to complete project design in 2006 with construction planned for 2007 100 Renton Village Storm Systems Improvement(PBPW/Surface Water Capital-Carry 288,500 Forward) Planned multi-year project.Funding is needed to complete design and construction in 2006 provided permits and required easement are obtained for the project 101 Surface Water Project(PBPW Budget Adjustment) 29,793 2005 CIP Soft Cap exp was not posted in 2005 Surface Water Utility Construction Fund(Fund 427)Total 1,574,793 Waterworks Utility Debt Service Fund 102 Transfer 2004 Bond proceeds(PBPW-New request)Transfer the last 2004 bond proceeds 212,664 to fund 426 Waterworks Utility Debt Service Fund(Fund 451)Total 212,664 8 of 9 ORDINANCE NO. Attachment A Insurance Fund 104 General Government/Liab-prop Claims(Insurance Fund-Carryforward)$750,000 for 750,000 Noirie Property/Liability not settled in 2005. This amount was removed from reserves and appropriated in 2005 Insurance Fund(Fund 502)Total 750,000 Information Services Fund 105 Information Services Fund 503(Information Services-New request) 402,000 Request Cash balance transfer from Fund 316 to 503 for IS CIP due to the IS fund became Internal Services Fund in 2006 106 Computer Replacement(Information Services-Carry Forward) 14,000 The State granted the Court twelve computers.These computers are used to access the Judicial Information System and conduct the usual day-to-day business of the court. 107 Systems Projects(Information Services-Carry Forward) 208,000 Maintenance Task Management,New World Systems,Web Site Refresh,Library Dynix Upgrade 108 Network Projects(Information Services-Carry Forward) 25,000 Wireless Network Project has one remaining elevated water tower to which radio and antenna equipment must be installed 107 Council Dais Monitors (Information Services-Carryforward)to replace the council dais 12,000 monitors in the council chambers and related equipment Noe Information Services Fund(Fund 503)Total 661,000 Firemens Pension Fund 108 Pension Fund 601 (Pension Fund-New Request) 20,000 Pension Board approved the reimbursements to the Insurance Fund 522 for medical disbursements effective 1/1/2006. Funding source is Fund balance Firemen Pension Fund(Fund 601)Total 20,000 Niimer 9 of 9 AFT-MOVED BY FINANCE COMMITTEE REPORT CIT'COUNCIL April 10,2006 Date 0200(0 APPROVAL OF CLAIMS AND PAYROLL VOUCHERS The Finance Committee approves for payment on April 10, 2006, claim vouchers 247137-247522 and 2 wire transfers, totaling $822,238.11 , and 604 direct deposits, payroll vouchers 62841- 63024, and 1 wire transfer, totaling $2,062,144.96 . ,„,,2 bon Persson, Chair be,04.; 14.) • 041%.,./. Denis Law, Vice-Chair Toni Nelson, Member CITY OF RENTON, WASHINGTON Nirmie ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 2, ZONING DISTRICTS — USES AND STANDARDS; AND SECTION 4-11-010 OF CHAPTER 11, DEFINITIONS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY REVISING THE AIR TRANSPORTATION USES SECTION OF THE MEDIUM INDUSTRIAL, HEAVY INDUSTRIAL, AND CENTER DOWNTOWN ZONES, AND THE AIRPORT AND AVIATION OPERATIONS USES; AND BY REVISING DEFINITIONS. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION L Section 4-2-060.L of Chapter 2,Zoning Districts—Uses and Standards, of Title IV(Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington"is hereby amended to read as shown in lorme Exhibit A, attached. SECTION IL Section 4-2-070.L of Chapter 2, Zoning Districts—Uses and Standards, of Title IV(Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as shown in Exhibit B, attached. SECTION HI. Section 4-2-070.P of Chapter 2,Zoning Districts—Uses and Standards, of Title IV(Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as shown in Exhibit C, attached. SECTION IV. Section 4-2-070.Q of Chapter 2, Zoning Districts—Uses and Standards, of Title IV(Development Regulations)of Ordinance No. 4260 entitled "Code of .r 1 ORDINANCE NO. General Ordinances of the City of Renton, Washington" is hereby amended to read as shown in Exhibit D, attached. SECTION V. Section 4-11-010 of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled"Code of General Ordinances of the City of Renton, Washington" is hereby amended by revising the existing definition of"Airport, Municipal", to read as follows: AIRPORT, MUNICIPAL: The Renton Municipal Airport, a general aviation facility located in Renton, Washington. SECTION VI. Section 4-11-010, of Chapter 11, Definitions, of Title IV (Development Regulations)of Ordinance No. 4260 entitled"Code of General Ordinances of the City of Renton,Washington" is hereby amended by adding the following definitions, to read as follows: AIRPORT-RELATED USES: Uses that require proximity and access to an airport ""' runway. AVIATION-RELATED USES: Uses that offer aeronautical services to the public or provide support services to airport-related uses. SECTION VII. This ordinance shall be effective upon its passage, approval, and five days after its publication. PASSED BY THE CITY COUNCIL this day of , 2006. Bonnie I. Walton, City Clerk 2 t ORDINANCE NO. APPROVED BY THE MAYOR this day of 2006. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1245:2/17/06:ma w low 3 ORDINANCE NO. EXHIBIT A 4-2-060 ZONING USE TABLE—USES ALLOWED IN ZONING DESIGNATIONS: ZONING USE TABLE RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS USES: m R-1 R-4 R-8 RMH R-10 R-14 RM El IM IH CN CV CA CD CO COR UC-N1 UC-N2 7 ,- . F 3 np ;w r ° r t h: em a��xgrr` ''wrr�r�'�`�`tr%m•T ruck terminals 1111 III. P -- ehicle fuelins stations III UM P P _ P P _ P38 eewstin! Iinastations, .■--■-.-� P P AD110 P P - P38 --- ehicle service and 111 ■--■-.-AD P P r -------- eir, la �e ehicle air, small�and .■--■-.-i P P AD2 P P ----- reckin• ard, auto in Es H59 H , I '' - , ;y a � 11"4*44'llAr ;. i r".4i,''Prg'"y,,fP"n?` """'"' IyFrr'wm �;,;^rx " � "u ' '..rAC59 ________ P •lrplane accessoanfunctions .■--■-.-■ Ac Ac it•lane sales and reair MI 1.11 P- - Pir••rt-related uses Ill 11.1 ACviation-related uses 11111 IIII ACepads, accessory to .■--■-.-© H38 __________________________________________________________ H2O - H H - H97 •rima use Heli fads, commercial 1111 III H H97 1111 111111 -r.".."--' `'" fF.:..,. " :, "' ' _ '.,_ ",.. -1. '4 "E`�Fay. 4 4�FC•'roRflwr" :1'"S.c s.,-,-;,:,',"mF e`S�F `3,t+„,,,y7,--,,,-,,,,,,,,,,,,,,>,aeu.t. V”` ",,'F,,,,.".,9#7R 'i�" z to � ?fi. k �.. .r. 'r, «ra Hazardous material - H24 H24 storage, on-site or off- site, including treatment Indoor stora•e MI UM P P AC11 AC11 AC11 AC11 AC11 AC11 •utdoor stora•e -____—__Sall P57 P57 _AD64 P64 elf-service stora!e MP8 ria P59 P H26 H26 H26 ehicle stora•e Mil Inn AD38 arehousin• -_______GM P P ©2004 Code Publish' inc. Page 1 ( ( ( , Industrial,General _ _ _ _ Assembly and/or P P P P86 P1o4 packaging operations _ _ Commercial laundries, P38 P38 P38 P4 existing Commercial laundries, P38 P38 P38 new _ _ Construction/contractor's P14 P P office Blank=Not Allowed P#=Permitted AD=Administrative Conditional Use AC=Accessory Use P=Permitted Use provided can be met H=Hearing Examiner Conditional Use #=Condition(s) Uses may be further restricted by: RMC 4-3-020,Airport Related Height and Use Restrictions; RMC 4-3-040C, Uses Permitted in the Automall Improvement District; RM. 3-050, Critical Areas Regulations; RMC 4-3-090, Shoreline Master Program Regulations D2004 Code Publishing,Inc. Page 2 i ORDINANCE NO. EXHIBIT B OTHER COMMUNITY AND PUBLIC 4-2-070L CENTER DOWNTOWN(CD) FACILITIES(Continued) Uses allowed in the CD Zone are as Public Facilities follows: City government offices AD City government facilities H USES: TYPE: Other government offices and H AGRICULTURE AND NATURAL RESOURCES facilities Natural resource H OFFICE AND CONFERENCE extraction/recovery Conference center P ANIMALS AND RELATED USES Medical and dental offices P Kennels, hobby AC#37 Offices,general P Pets, common household, up to AC Veterinary offices/clinics P 3 per dwelling unit or RETAIL business establishment P#43 Adult retail use RESIDENTIAL Drive-in/drive-through, retail AC#28 Detached dwelling (existing P Eating and drinking P legal) establishments Attached dwelling P#16 Horticultural nurseries H Retail sales P OTHER RESIDENTIAL, LODGING AND HOME Retail sales, outdoor P#15 OCCUPATIONS Taverns AD Adult family home P#3 Congregate residence P#3 ENTERTAINMENT AND RECREATION Group homes I H#3 Entertainment Group homes II for 6 or less P#3 Adult entertainment business P#43 NiS Group homes II for 7 or more H#3 Cultural facilities AD Home occupations AC#6 Dance clubs H Retirement residences P#3 Dance halls H Movie theaters P SCHOOLS Sports arenas,auditoriums, P K-12 educational institution H#s exhibition halls, indoor (public or private) Recreation K-12 educational institution P#s Recreation facilities, indoor P (public or private), existing SERVICES Other higher education P institution Services, General Schools/studios, arts and crafts P Bed and breakfast house, P accessory PARKS Bed and breakfast house, P Parks, neighborhood P professional Parks, regionaVcommunity, P Hotel P existing SERVICES(Continued) Parks, regionalcommunity, new AD On-site services P Drive-in/drive-through service AC#70 OTHER COMMUNITY AND PUBLIC Day Care Services FACILITIES Adult day care I P Community Facilities Adult day care II P Cemetery H Day care centers P Religious institutions H Family day care AC#3 Service and social organizations H Healthcare Services , god ©2004 Code Publishing.Inc. Page 1 ORDINANCE NO. EXHIBIT B Convalescent centers P#3 Utilities, medium AD Medical institutions H Utilities, large H WIRELESS COMMUNICATION FACILITIES VEHICLE RELATED ACTIVITIES Lattice towers support H#48 Parking garage, structured, P#3 structures commercial or public Macro facility antennas P#44 Parking, surface, commercial or P#3 Micro facility antennas P public Mini facility antennas P#44 Park and ride, shared-use P#107 Minor modifications to existing P#49 Park and ride, dedicated P#107 wireless communication Taxi stand AD facilities Transit centers P Monopole I support structures AD#46 Monopole II support structures H#48 STORAGE Indoor storage AC#11 GENERAL ACCESSORY USES Accessory uses per RMC 4-2- AC INDUSTRIAL 050 and as defined in Industrial, General chapter 4-11 RMC,where not Commercial laundries, existing P#4 otherwise listed in the Use Laboratories: light P#3 Table manufacturing Laboratories: research, AD#3 TEMPORARY USE development and testing Model homes in an approved P#53 Manufacturing and fabrication, H#3 residential development: one light model home on an existing Solid Waste/Recycling lot 'fir Recycling collection station P Sales/marketing trailers, on-site P#53 Temporary or manufactured P#10 UTILITIES buildings used for Communications broadcast and H construction relay towers Temporary uses P#53 Electrical power generation and Has cogeneration Utilities, small P TYPES: Blank=Not Allowed P=Permitted Use AC=Accessory Use H=Hearing Examiner Conditional Use #=Condition(s) P Permitted provided conditional can be met AD=Administrative Conditional Use Uses may be further restricted by: RMC 4-3-020,Airport Related Height and Use Restrictions; RMC 4-3-040C,Uses Permitted in the Automall Improvement District; RMC 4-3-050, Critical Areas Regulations; RMC 4-3-090, Shoreline Master Program Requirements err ©2004 Code Publishing,Inc. Page 2 ORDINANCE NO. EXHIBIT C Conference center P#38 4-2-070,P INDUSTRIAL MEDIUM(IM) OFFICE AND CONFERENCE(Continued) Uses allowed in the IM Zone are as Medical and dental offices P#38 follows: Offices, general P#13 Veterinary offices/clinics P#38 USES: TYPE: AGRICULTURE AND NATURAL RESOURCES RETAIL Natural resource H#59 Adult retail use P#43 extraction/recovery Big-box retail P#72 Drive-in/drive-through, retail AC ANIMALS AND RELATED USES Eating and drinking P Kennels P#37 establishments Kennels, hobby AC#37 Horticultural nurseries H Pets, common household, up to AC Retail sales P#34 3 per dwelling unit or Retail sales, outdoor P#30 business establishment Vehicle sales, large P Vehicle sales,small P OTHER RESIDENTIAL, LODGING AND HOME OCCUPATIONS ENTERTAINMENT AND RECREATION Caretaker's residence AC Entertainment Adult entertainment business P#43 SCHOOLS Card room P#52 K-12 educational institution H Cultural facilities AD (public or private) Dance clubs P#38 K-12 educational institution P#9 Dance halls P#38 (public or private), existing Gaming/gambling facilities, not- H#29 Other higher education P#38 for-profit institution Movie theaters P#38 Schools/studios,arts and crafts P#38 Sports arenas, auditoriums, P#ss Trade or vocational school P exhibition halls, indoor Sports arenas, auditoriums, P#38 PARKS exhibition halls, outdoor Parks, neighborhood P Recreation Parks, regionalcommunity, P Recreation facilities, indoor P#ss existing Recreation facilities, outdoor P#32 Parks, regionaVcommunity, new AD SERVICES OTHER COMMUNITY AND PUBLIC Services, General FACILITIES Hotel P#.38 Community Facilities Motel P#38 Cemetery H Off-site services P#38 Religious institutions H On-site services P#38 Service and social organizations H SERVICES(Continued) Public Facilities Drive-in/drive-through service Ac#62 City government offices AD Vehicle rental,small P City government facilities H Vehicle and equipment rental, P#28 Secure community transition H#71 large facilities Day Care Services Other government offices and H Adult day care I P#55 facilities Adult day care II AD Day care centers P#54 OFFICE AND CONFERENCE Family day care AC ©2004 Code Publishing,Inc. Page 1 ORDINANCE NO. EXHIBIT C NN W Healthcare Services manufacturing Medical institutions H#56 Laboratories: research, development and testing VEHICLE RELATED ACTIVITIES Manufacturing and fabrication, H#59 Body shops P#31 heavy Car washes P Manufacturing and fabrication, P Express transportation services P light Fuel dealers H#59 Manufacturing and fabrication, P#67 Industrial engine or P#31 medium transmission rebuild Solid Waste/Recycling Parking garage, structured, P Recycling collection station and P#38 commercial or public processing center Parking,surface, commercial or P#38 Recycling collection station public Sewage disposal and treatment H#59 park and ride, shared-use P plants Park and ride, dedicated P#105 Waste recycling and transfer H#59 Tow truck operation/auto H#59 facilities impoundment yard Transit centers H#38 UTIUTIES Vehicle fueling stations P Communications broadcast and H#29 Vehicle service and repair, large P relay towers Vehicle service and repair, P Electrical power generation and Has small cogeneration Wrecking yard, auto H#59 Utilities, small Air Transportation Uses Utilities, medium AD Airplane manufacturing AC#59 Utilities, large H Airplane manufacturing, AC accessory functions WIRELESS COMMUNICATION FACILITIES Airplane sales and repair P Lattice towers support AD#47 Airport, municipal P structures Airport-related uses AC Macro facility antennas P#44 Aviation-related uses AC Micro facility antennas Helipads, accessory to primary H#38 Mini facility antennas P#44 use Minor modifications to existing P#49 Helipads, commercial H wireless communication facilities STORAGE Monopole I support structures P#44 Hazardous material,storage, H#24 Monopole II support structures AD#47 on-site or off-site, including treatment GENERAL ACCESSORY USES Indoor storage P Accessory uses per RMC 4-2- AC Outdoor storage P#57 050 and as defined in Self-service storage P#59 chapter 4-11 RMC,where not Warehousing P otherwise listed in the Use INDUSTRIAL Table Industrial, General TEMPORARY USE Assembly and/or packaging P Sales/marketing trailers, on-site P#53 operations Temporary or manufactured P#10 Commercial laundries, existing P#38 buildings used for Commercial laundries, new P#38 construction Construction/contractor's office P Temporary uses P#53 Laboratories: light P#38 likore ©2004 Code Publishing, Inc. Page 2 • ORDINANCE NO. EXHIBIT C TYPES: Blank=Not Allowed P=Permitted Use AC=Accessory Use H=Hearing Examiner Conditional Use #=Condition(s) P#=Permitted provided conditional can be met AD=Administrative Conditional Use Uses may be further restricted by: RMC 4-3-020,Airport Related Height and Use Restrictions; RMC 4-3-040C, Uses Permitted in the Automall Improvement District; RMC 4-3-050, Critical Areas Regulations; RMC 4-3-090, Shoreline Master Program Requirements Ccl�(Nld(nriP Piihlishinn Inn Pang ORDINANCE NO. EXHIBIT D r onference center P#38 4-2-070Q INDUSTRIAL HEAVY(IH) • FICE AND CONFERENCE(Continued) Uses allowed in the IH Zone are as edical and dental offices P#38 follows: • ices, general P#13 eterinary offices/clinics P#38 USES: TYPE: ETAIL AGRICULTURE AND NATURAL RESOURCES Natural resource H •dult retail use P#43 extraction/recovery ig-box retail P#72 1 rive-in/drive-through, retail AC ANIMALS AND RELATED USES ating and drinking P Kennels P#37 establishments Kennels, hobby AC#37 orticultural nurseries H Pets, common household, up to AC etail sales P 1134 3 per dwelling unit or etail sales, outdoor P#30 business establishment ehicle sales, large P ehide sales, small P OTHER RESIDENTIAL,LODGING AND HOME OCCUPATIONS NTERTAINMENT AND RECREATION Caretaker's residence AC ntertalnment •dun entertainment business P#43 SCHOOLS and room P#52 K-12 educational institution H ultural facilities AD (public or private) •ance clubs P#38 K-12 educational institution P#s 'ance halls P#38 (public or private), existing aming/gambling facilities, not- H#38 Other higher education P#38 for-profit institution ovie theaters P 038 Schools/studios, arts and crafts P#38 '•ports arenas, auditoriums, P#38 Trade or vocational school H exhibition halls, indoor ports arenas, auditoriums, P#38 PARKS exhibition halls, outdoor Parks, neighborhood P 'ecreation Parks, regionaVcommunity, P ecreation facilities, indoor P#38 existing ecreation facilities, outdoor P#32 Parks, regionaVcommunity, new AD ERVICES OTHER COMMUNITY AND PUBLIC ervices, General FACILITIES otel P#38 Community Facilities otel P#38 Cemetery H • '-site services P#38 Religious institutions H •n-site services P#38 Service and social organizations H ,-ERVICES(Continued) Public Facilities •rive-in/drive-through service AC#82 City government offices AD ehicle rental, small P City government facilities H ehide and equipment rental, P#29 Secure community transition H#71 large facilities 0 ay Care Services Other government offices and H •dult day care I P#55 facilities •dult day care II H 1 ay care centers P#54 OFFICE AND CONFERENCE amily day care AC ©2004 Code Publishing,Inc. Page 1 ORDINANCE NO. EXHIBIT D Healthcare Services light Medical institutions H#56 Manufacturing and fabrication, P#67 medium VEHICLE RELATED ACTIVITIES Solid Waste/Recycling Body shops P#31 Recycling collection station and P#38 Car washes P processing center Fuel dealers P Recycling collection station Industrial engine or P#31 Sewage disposal and treatment H transmission rebuild plants Parking garage, structured, P Waste recycling and transfer P commercial or public facilities Parking,surface, commercial or P#38 public UTILITIES Park and ride,shared-use P Communications broadcast and H#38 Park and ride,dedicated P#105 relay towers Railroad yards P Electrical power generation and H#66 Tow truck operation/auto P cogeneration impoundment yard Utilities, small Transit centers H#38 Utilities, medium AD Truck terminals P Utilities, large H Vehicle fueling stations P Vehicle service and repair, large P WIRELESS COMMUNICATION FACILITIES Vehicle service and repair, P Lattice towers support AD#47 small structures Wrecking yard, auto H Macro facility antennas P#44 Air Transportation Uses Micro facility antennas Mini facility antennas P#44 .,ad Helipads, accessory to primary H#38 Minor modifications to existing P#40 use wireless communication facilities STORAGE Monopole I support structures P#44 Hazardous material, storage, H#24 Monopole 11 support structures AD#47 on-site or off-site, including treatment GENERAL ACCESSORY USES Indoor storage P Accessory uses per RMC 4-2- AC Outdoor storage P#57 050 and as defined in Self-service storage P chapter 4-11 RMC,where not Warehousing P otherwise listed in the Use INDUSTRIAL Table industrial, General TEMPORARY USE Assembly and/or packaging P Sales/marketing trailers, on-site P#53 operations Temporary or manufactured P#10 Commercial laundries, existing P#38 buildings used for Commercial laundries, new P#38 construction Construction/contractor's office P Temporary uses P#53 Laboratories: light P#38 manufacturing Laboratories: research, P development and testing Manufacturing and fabrication, P#67 heavy Manufacturing and fabrication, P Noir ©2004 Code Publishing,Inc. Page 2 ORDINANCE NO. EXHIBIT D TYPES: Blank=Not Allowed P=Permitted Use AC=Accessory Use H=Hearing Examiner Conditional Use #=Condition(s) P#=Permitted provided conditional can be met AD=Administrative Conditional Use Uses may be further restricted by: RMC 4-3-020,Airport Related Height and Use Restrictions; RMC 4-3-040C, Uses Permitted in the Automall Improvement District; RMC 4-3-050, Critical Areas Regulations; RMC 4-3-090, Shoreline Master Program Requirements lore ©2004 Code Publishina.Inc. Paae 3