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Home My WebLink AboutCouncil 01/12/2009,a AGENDA RENTON CITY COUNCIL REGULAR MEETING January 12, 2009 Monday, 7 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. SPECIAL PRESENTATION: King County Councilmember Reagan Dunn - Annual Review/Preview 4. PUBLIC HEARING: Red Mill Annexation - 60% Petition to Annex for approximately 224 acres located in the vicinity of 128th Ave. SE, SE Petrovitsky Rd., and SE 171 st St. 5. ADMINISTRATIVE REPORT 6. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to the podium and state your name and city of residence for the record, SPELLING YOUR LAST NAME. 7. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of 1/5/2009. Council concur. b. Mayor Law reappoints Fred Kaufman as the City's Hearing Examiner for a four-year term commencing 2/1/2009 and expiring 1/31/2013. Council concur. c. City Clerk submits request from Conner Homes, Inc. for reimbursement in the amount of $285,385.28 for oversizing the Baxter sanitary sewer lift station serving a new neighborhood known as Barbee Mill Townhouses. Refer to Utilities Committee. d. Community and Economic Development Department submits 60% Petition to Annex for the proposed Shamrock Annexation and recommends a public hearing be set on 2/2/2009 to consider the petition; approximately 124 acres located south of NE 10th St., east of Jericho Pl, NE. Council concur. e. Transportation Systems Division recommends approval of a contract in the amount of $119,068 with KPG, Inc. for design services related to the Garden Ave. N. Widening project. Council concur. 8. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a. Finance Committee: Vouchers; Vision House Lease Amendment; Lease with Barber, Dean & Fontes Building Partnership; Position Classifications for City Attorney Office Transition* b. Planning & Development Committee: Whitworth Condominiums Appeal (CONTINUED ON REVERSE SIDE) 9. RESOLUTIONS AND ORDINANCES Ordinance for first reading and advancement to second and final reading: 2009 Budget positions re: Position classifications for City Attorney Office transition (See 8.a.) Ordinance for second and final reading: School district impact fees (1st reading 1/5/2009) 10. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 11. AUDIENCE COMMENT 12. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) COUNCIL CHAMBERS 5:00 p.m. Regional Jail Legislation; Solid Waste Changes Update; Tree Cutting Permit Process Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE-CABLECAST TUES. & THURS. AT 1 I AM & 9 PM, WED. & FRI. AT 9 AM & 7 PM AND SAT. & SUN. AT I PM & 9 PM ��Y o CITY OF RENTON ' Proposed Red Mill Annexation i NTo� Background and Information The 223.9-acre Red Mill potential annexation area is located immediately east of the 2,438 acres Benson Hill Communities Annexation area, which was approved.by resident voters on November 6, 2007. The majority of the Red Mill Annexation area is located on the south side of SE Petrovitsky Road with a smaller portion east of 140th Avenue SE and north of SE Petrovitsky Road. The western boundary, SE 128th Avenue SE, is contiguous to the City since March 1, 2008, when the Benson Hill Communities Annexation became effective. The eastern boundary includes both 140th Avenue SE, south of SE Petrovitsky Road, and SE 138th Place, north of SE Petrovitsky Road. The proposed annexation lies north of Forrest Estates and Carriage Land subdivisions. The proponents filed a 10% Notice of Intent to Commence Annexation petition with the City on December 6, 2007. The Council accepted this petition on February 4, 2008, with a modification to the boundary to add the parcel that includes the Fairwood Landing Apartments. A 60% Direct Petition to Annex was filed with the City on November 4, 2008, and was certified by King County as to signature sufficiency on November 18, 2008. Under State law, the Council is required to hold a public hearing to consider the annexation petition and to provide proponents and opponents the opportunity to speak. Following the public hearing, Council may accept or deny the annexation proposal for all or any portion of the area. The proposed Red Mill Annexation area lies within the area proposed for incorporation of a new City of Fairwood. RCW 35A.14.231 and 35.02.155 place a limitation on annexation proposals such as this. The Zed Mill annexation was proposed 90 days after the petition for the incorporation was filed, and therefore this annexation is to "be held in abeyance." The proposed Red Mill Annexation may not proceed unless one of the following two events occurs: 1) the Boundary Review Board (BRB) modifies the boundary of the proposed Fairwood incorporation by removing the Red Mill area; or 2) voters reject the proposed Fairwood incorporation. If the City Council authorizes the Red Mill Annexation area Notice of Intent to Annex to be filed with the King County Boundary Review Board following the public hearing on January 12, 2009, the City would also invoke jurisdiction so that a public hearing in this matter would be held by the Boundary Review Board. At the Boundary Review Board hearing, the proponents/opponents of the Red Mill annexation would again be afforded the opportunity to be heard regarding their desire to be annexed by the City of Renton. If the Boundary Review Board does not remove the proposed Red Mill Annexation area from the proposed Fairwood Incorporation area, it is likely the proposed Red Mill Annexation will await the outcome of the Fairwood Incorporation vote. If the vote in the matter of Fairwood Incorporation is against incorporation, then the Red Mill annexation would likely be allowed to move forward in the manner typical for 60% Direct Petitions. For further information regarding the Red Mill annexation, please call the Renton Community and Economic Development Department at 425-430-6575. For information regarding the Council meeting or the public hearing to be held, please contact the City Clerk at 425-430-6502. Letters in support of your position regarding this annexation must be received by the City Clerk no later than 5:00 pm Monday January 12 2009, in order to be included in the public hearing record. Please submit letters, including your address and signature, to: City Clerk, City of Renton, 1055 S. Grady Way, Renton, WA 98057. CITY OF RENTON COUNCIL AGENDA BILL Dept/Div/Board.. AJLS/Mayor's Office Staff Contact...... Marty Wine, x6526 Reappointment of Fred Kaufman as Hearing Examiner its: or Agenda of: January Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution........... . Old Business........ New Business....... Study Sessions...... Information........ . Recommended Action: Approvals: Council concur Legal Dept ......... X Finance Dept ...... X Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. Mayor Law recommends that Fred Kaufman be reappointed as the Hearing Examiner for a four-year term ending January 31, 2013. Mr. Kaufman has served as Renton's Hearing Examiner for 29 years and has superb professional credentials. He stays abreast of new and emerging laws, requirements and standards that may impact the issues that come before him. He takes care to inform the Administration and Council when discrepancies arise between the Renton Municipal Code and the policy intent of the Council. All parties who participate in hearings report that Renton's hearing process is fair and impartial, regardless of the outcome. [two - Reappoint Fred Kaufman as the City's Hearing Examiner for a four-year term commencing February 1, 2009 and ending January 31, 2013. X Rentonnet/agnbill/ bh CITY OF RENTON COUNCIL AGENDA BILL Al #: >ubmitting Data: For Agenda of: January 12, 2009 Dept/Div/Board.. AJLS/City Clerk Staff Contact...... Bonnie Walton, x6502 Agenda Status Consent .............. X Public Hearing.. wbject: Request by Conner Homes, Inc. for reimbursement of Correspondence.. City -required oversizing of sanitary sewer lift station for Ordinance ............. new development known as the Barbee Mill Property. Resolution............ (File No. UC-09-001) Old Business........ New Business....... ;xhibits: Letter from Conner Homes (12/19/2008) Study Sessions...... Information........ . Recommended Action: Approvals: Legal Dept......... Refer to Utilities Committee Finance Dept...... Other. Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. On December 23, 2008, John R. "Barney" Skochdopole, Project Manager, Conner Homes Company, filed a letter requesting reimbursement in the amount of $285,385.28 for the City - required oversizing of the Baxter sanitary sewer lift station serving a new neighborhood on the shores of Lake Washington on a site generally known as the Barbee Mill Property. The Utility Systems Division has since reviewed the request and determined that the request is valid. kFF RECOMMENDATION: Determine whether the request for oversizing reimbursement should be granted, and if so, the dollar amount. cc: I December 19, 2008 T--;I,, A)n, Ue_0q -001 C 0 N N E R Mayor Denis Law and City Council Members City of Renton RECEIVED 1055 South Grady Way Seventh Floor DEC 2 3 2008 Renton, WA 98055 "AIOR'S OE IOG&rNTON Re: Baxter Lift Station - Request for Utility Over Sizing Reimbursement Dear Mr. Mayor and Distinguished Members of the Council, JAN 4 6 2009 R ERK S OFFICE Conner Homes Company is developing a new neighborhood on the shores of Lake WaslfitiV& on a site generally known as the Barbee Mill Property. Part of the necessary improvements for the new neighborhood is a sanitary sewer lift station. The City's sanitary sewer comprehensive plan indicated that a larger area including our new neighborhood was earmarked for lift station service, and accordingly the City required us to install the larger facility. Conner Homes Company participated in a cost sharing agreement with the city for a reimbursement of a portion of the lift station costs Per RMC 4-6-010C, please consider this a formal request for reimbursement of the City -required over sizing of the lift station according to the cost portion agreed to by the city of Renton. Below is a recap of those percentages: FNW 167.4 gallons/minute 35.7 percent Conner 118.1 gallons/minute 25.2 percent: City of Renton 183.1 gallons/minute 39.1 percent._. Total Lift station cost: Omega Contractors Contract $ 577,000°00 (taxable) Remove /Dispose of soils $ .35, 05.49 (taxable). Design Fees OEM — Otak $ 19,832.75 Consulting Fees - ENSR $ 10;200.31 Subtotal Contingency 5% WSST - (on taxable items only) 9.0% Total City of Renton portion Total �Y1y,tS:tiS.bL oti N�, 30.1 percent $285,385.28 y This is the amount requested for reimbursement by the City. 846 108th Avenue NE Bellevue, Washington 98004 425 455 9280 ivryN .connerhomes.com Page 1 of 2 We request the city's portion is paid via separate checks to FNW and Conner Homes Company based on the participation percentages agreed upon above. At time of issuance Conner Homes Company will provide the City of Renton dispersion payment amounts based on the percentage agreement and Job -to -date costs from the respective parties. At this time the expected payment is as follows: (the numbers below include contingency and subject to change based on actual costs) Check form City of Renton payable to FNW. $ 83,291.76 Check from City of Renton payable to Conner Homes Company. $202,093.52 Total payment of funds form City of Renton $285,385.28 We have worked closely with the Public Works Department to get their agreement on the stated amounts. Thank you very much for your attention. If you should have any questions or need anything more from me to process our over sizing reimbursement request, please do not hesitate to call me at 425 646 4431 during business hours or email me at Pauloaa connerhomes.com. Otherwise I look forward to your approval, and to getting this important component of the subarea's infrastructure complete and online in the next few weeks. Respectfully Su mitted, II 011estad CONNER HOMES COMPANY cc: Dave Christensen, City Of Renton Public Works, Wastewater Services. Page 2 of 2 Submitting Data: Dept/Div/Board.. Staff Contact...... ect: CITY OF RENTON COUNCIL AGENDA BILL AI #: 70 1-Tp--, AJLS/Mayor's Office Marty Wine, x6526 Reappointment of Fred Kaufman as Hearing Examiner For Agenda of: January Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution........... . Old Business........ New Business....... Study Sessions...... Information........ . Recommended Action: Approvals: Council concur Legal Dept ......... X Finance Dept ...... X Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. Mayor Law recommends that Fred Kaufman be reappointed as the Hearing Examiner for a four-year term ending January 31, 2013. Mr. Kaufman has served as Renton's Hearing Examiner for 29 years and has superb professional credentials. He stays abreast of new and emerging laws, requirements and standards that may impact the issues that come before him. He takes care to inform the Administration and Council when discrepancies arise between the Renton Municipal Code and the policy intent of the Council. All parties who participate in hearings report that Renton's hearing process is fair and impartial, regardless of the outcome. TION: Reappoint Fred Kaufman as the City's Hearing Examiner for a four-year term commencing February 1, 2009 and ending January 31, 2013. X Rentonnet/agnbill/ bh CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board.. CED/Long Range Planning Staff Contact...... Angie Mathias x.6576 Subject: Shamrock Annexation - Acceptance of 60 % Direct Petition Exhibits: Issue Paper 60 % Direct Petition King County Certification Document AI #: For Agenda of: January 12, 2009 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution........... . Old Business........ New Business....... Study Sessions...... Information........ . X X Recommended Action: Approvals: Council concur in setting a public hearing for Legal Dept......... X February 2, 2009. Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget N/A City Share Total Project.. SUMMARY OF ACTION: The Council received a 60 % Direct Petition to Annex on September. 26, 2008, to annex approximately 123.69-acres of unincorporated King County located ,within Renton's Potential Annexation Area. The proponent's petition has been certified by King County as having signatures representing at least 60 % of the area's assessed valuation. Under State law, the Council is required to hold a public hearing to consider the annexation petition and the zoning in order to provide proponents and opponents the opportunity to speak. Following the public hearing, Council may approve the annexation of all or any portion of the area proposed for annexation. The site is currently designated Residential Low Density (RLD) on the City's Comprehensive Plan Land Use Map. The proposed zoning for the entire annexation area is Residential Four Dwelling Units per Acre (R-4). The Administration is also seeking authorization to forward the Notice of Intent Package to the Boundary Review Board if Council decides to accept the 60 % Direct Petition. STAFF RECOMMENDATION: Council set February 2, 2009, for a public hearing to decide whether to accept the 60 % Direct Petition and in the matter of the proposed zoning, as well as to authorize the Administration to forward the Notice of Intent package to the Boundary Review Board for King County. Y O� CITY OF RENTON COMMUNITY AND ECONOMIC DEVELOPMENT MEMORANDUM DATE: January 5, 2009 TO: Randy Corman, Council President Members of the Renton City Council VIA: Denis Law, Mayor ,0;0 five DL" FROM: Alex Pietsch, Administrator x6592 NJ STAFF CONTACT: Angie Mathias x6576 SUBJECT: Shamrock Annexation - Acceptance of 60% Direct Petition to Annex ISSUES: Whether the City Council should accept the 60% Direct Petition to Annex from the Shamrock annexation area now that the petition has been certified by the King County Department of Assessments? If the City Council accepts the 60% Direct Petition, the Administration should be directed to forward the Notice of Intent package for this annexation to the Boundary Review Board. RECOMMENDATION: • Council accept the 60% Direct Petition to Annex the 123.69-acre Shamrock Annexation site; • Council authorize the Administration to forward the Notice of Intent for the Shamrock Annexation to the Boundary Review Board for King County for their review. BACKGROUND SUMMARY: At its August 4, 2008, public meeting, Council accepted the 10% Notice of Intent to Commence Annexation petition and authorized the circulation of a 60% Direct Petition to annex. City of Renton departments reviewed the annexation proposal and all staff reported that the annexation represents a logical extension of their respective services and systems. There were no issues identified that would impede the annexation. A more detailed discussion of this proposed annexation and review comments are contained in the Department's July 14, 2008, Shamrock Annexation 10% Notice of Intent issue paper. Shamrock Annexation - Acceptance of 60% Direct Petition Zonin The Comprehensive Plan Land Use Map designation for the annexation area is Residential Low Density (RLD). It is proposed that the entire annexation area be zoned City of Renton Residential Four Dwelling Units per Acre (R-4). Full -Time Employee (FTE) Need Created The table below summarizes by department an estimate of the need for full time employees the Shamrock Annexation may create (a more detailed listing of FTE's by section is attached). Each number indicates a fractional number of one full time employee. The cumulative column represents the need created by all 60% Direct Petitions to Annex received after November 2008. To date those annexations have included Mackay and Red Mill. However, since it is possible that the Red Mill annexation will not move forward due to complications with the Fairwood incorporation/annexation, the table presents two different cumulative estimates for FTE's. The first includes the Shamrock, Red Mill, and Mackay annexations. The second is only the Shamrock and Mackay annexations. FTE DEMAND Prior Prior Cumulative Cumulative Department Shamrock Annexations Annexations (with Red (kith Mackay (Red Mill & (Mackay Mill & only) Mackay) only) Mackay) Administrative, Judicial, & 09 .16 .001 .26 .10 Legal Community & Economic 29 .66 01 .95 .30 Development Finance & Information .09 .16 .004 .26 Services .10 Human .02 .04 .001 .06 .02 Resources Police .49 .89 .02 1.38 .51 Fire & Emergency 0 .21 0 .21 0 Management* Community .27 .53 .05 .80 .32 Services Public Works .30 .79 .03 1.09 .33 * Includes Administrative staff only, the level of emergency response is already provided by contract with Fire Districts 25 and 40. Page 2 of 3 Shamrock Annexation — Acceptance of 60% Direct Petition CONCLUSION: The proposed Shamrock Annexation has been certified as having sufficient signatures representing at least 60% of the area's assessed value. It also has reasonable boundaries and appears to comply with Boundary Review Board objectives. Reviewing staff raised no objections to this annexation. The proposed Shamrock Annexation furthers the City's Business Plan goals and is in the general welfare and interest of the City. The Administration recommends the Council accept the 60% Direct Petition and authorize staff to forward the Notice of Intent package to the Boundary Review Board for King County. Page 3 of 3 Shamrock Annexation FTE's (with Mackay Annexation only) (Based on Berk & Associates Analysis for the West Hill) Admin, Judicial, Legal Value Driver Shamrock FTE Previous FTE* Cummulative FTE Mayors Office City Clerk Hearing Examiner Court Services Comm & Econ Dev 327 Population n/a n/a n/a 327 Population 0.02 0.00 0.02 327 Population 0.01 0.00 0.01 327 Population 0.06 0.00 0.06 Total u.Uy u.uu U. to $69,040,500 Assessed Value 0.06 0.00 0.06 Econ Dev Fire Emergency Response Fire Prevention Total Community Services Parks Recreation Services Human Services Library Total PBPW Technical Services Maintenance Services Streets/Bridges/Sidewalks Surface Water Solid Waste Litter Transportation Systems Transportation Planning Traffic Operations Traffic Maintenance Transportation Design and Const Total n/a - covered via contract with FD #25 0.00 0.00 0 Commercial SF 0.00 0.00 0.00 0.00 0.00 0.00 0 Park Acreage in Area 0.00 0.00 0.00 327 Population 0.12 0.04 0.16 327 Population 0.02 0.00 0.02 327 Population 0.13 0.01 0.13 u.Zf u.UO u.sz 124 Acreage of Area 0.06 0.00 0.07 1.69 Miles of Road in Area 0.05 0.01 0.06 124 Acreage of Area 0.06 0.00 0.07 327 Population n/a n/a n/a 124 Acreage of Area 0.06 0.00 0.07 1.69 Miles of Road in Area 0.02 0.00 0.03 1.69 Miles of Road in Area 0.03 0.01 0.04 124 Acreacie of Area n/a n/a n/a * Previous annexations accounted for in this estimate is: Mackay u.su u.u,s u.0.) Shamrock Annexation FTE's (with Red Mill and Mackay Annexations) (Based on Berk & Associates Analysis for the West Hill) Admin. Judicial, Leqal Value Driver Shamrock FTE Previous FTE* Cummulative FTE Mayors Office City Clerk Hearing Examiner Court Services i offal Comm & Econ Dev 327 Population n/a n/a n/a 327 Population 0.02 0.04 0.06 327 Population 0.01 0.02 0.03 327 Population 0.06 0.10 0.16 U.UU U.1b U.Lo $69,040,500 Assessed Value 0.06 0.13 0.19 327 Population 0.01 0.01 0.02 $69,040,500 Assessed Value 0.23 0.52 0.75 Econ Dev Nei hborhoods Development Services Total 0.29 0.66 0.95 Finance & IS Finance 327 1 Population 1 0.05 1 0.08 0.13 IS 327 1 Population 1 0.05 0.08 0.13 Total 0.09 0.16 0.26 HR Admin and Civil Svs 327 Population 1 0.02 0.04 1 0.06 Total 0.02 0.04 0.06 Police 327 Population 0.49 0.89 1.38 Total 0.49 0.89 1.38 Fire Emergency Response Fire Prevention Total Community Services Parks Recreation Services Human Services Library Total PBPW Technical Services Maintenance Services Streets/Bridges/Sidewalks Surface Water Solid Waste Litter Transportation Systems Transportation Planning Traffic Operations Traffic Maintenance Transportation Design and Const Total n/a - covered via contract with FD #25 0.00 0.00 0 Commercial SF 1 0.60 0.21 0.21 0.00 0.00 0.21 0 Park Acreage in Area 0.00 0.00 0.00 327 Population 0.12 0.25 0.37 327 Population 0.02 0.04 0.06 327 Po ulation 0.13 0.24 0.36 U.Zr U.315 U.6U 124 Acreage of Area 0.06 0.12 0.19 1.69 Miles of Road in Area 0.05 0.20 0.25 124 Acreage of Area 0.06 0.12 0.19 327 Population n/a n/a n/a 124 Acreage of Area 0.06 0.12 0.19 1.69 Miles of Road in Area 0.02 0.08 0.11 1.69 Miles of Road in Area 0.03 0.14 0.17 124 Acreacie of Area n/a n/a n/a * Previous annexations accounted for in this estimate are: Mackay and Red Mill U.W U.ra I.U7 PETITION TO ANNEX TO THE CITY L,)U kJ f_T`r e_ L_V 1e1-VX_" 1234j d` q*'*} _SE f2e-n-ftkl, K/A q80!51 OF RENTON UNDER RCW 35A.14.120 14 7-5 - 7--5S 7 gc�— (60 % Petition -Shamrock Annexation �°, °F RENTOE�. TO: THE CITY COUNCIL OF THE CITY OF RENTON E�US EF 2 2008 1055 South Grady Way A, Renton, WA 98057 C17 y CL I SE�FFICE The undersigned are owners of not less than sixty percent (60%) in value according to the assessed valuation for general taxation, of real property located contiguous to the City of Renton. We hereby petition that such property be annexed to the City of Renton under the provisions of RCW 35A.14.120 et seq. The territory proposed to be annexed is within King County, Washington, and is contiguous to the City of Renton. A map (Exhibit 1) and legal description (Exhibit 2) are included as part of this petition. in response to a duly filed and considered "Notice of Intention" to commence annexation proceedings, the City Council of the City of Renton met with the initiating parties under RCW 35A.14.120 on August 4, 2008. The City Council then determined that the City would accept the proposed annexation. Further, pursuant to RCW 35A.14.120, the undersigned petitioners agree to: (1) Accept the City's Comprehensive Plan land use designation as it affects the subject property; and (2) Accept the City's simultaneous adoption of zoning regulations for the subject property consistent with the City's Comprehensive Plan, all as noted in the minutes of the Council meeting and contained in the electronic recording of such meeting. WHEREFORE, the undersigned property owners petition the City Council and ask: (a) That the City Council fix a date for a public hearing about such proposed annexation, cause a notice to be published and posted, specifying the time and place of such hearing, and inviting all persons who are interested to appear at the hearing and state their approval or disapproval of such annexation or to ask questions; and (b) That following such hearing, and consistent with any approval by the Boundary Review Board, the City Council by ordinance annex the above described territory to become part of the City of Renton, Washington, subject to its laws and ordinances then and thereafter in force, and to receive City public services. This two page form is one of a number of identical forms which comprise one petition seeking the annexation of the described territory to the City of Renton, Washington as above stated, and may be filed with other pages containing additional signatures. Page 1 of 2 Shamrock Annexation, continued WARNING: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. The undersigned have read the above petition and consent to the filing of this petition. (Names of petitioners should be in identical form as the same that appear on record in the chain of title to the real estate.) Tax Lot Legal No. Signature and Mailing Description Date Printed Name Address (Lot, Bloc, Plat, Assessors No. or other) .31 nb 1 Z3gq jgg441 SSE 2._ SL_ �7- -I gg2,o a 2w 3. �e 2-3 V — (y `1'�` Al-e,,5 23�(a�voo�Q yk 3/o g-- ----------11,kr ---- 4. ------------ -- ) `�� 15 s E7 )z- `� ' 2� -00(5 a Ca vY rA- 1. 5. --------------------------------- 6. --------------------------------- 7. --------------------------------- S. --------------------------------- 9. --------------------------------- 10. --------------------------------- 11. --------------------------------- 12. --------------------------------- Page 2 of 2 i. ........... .. u, a� SE 124th St .. N t W Unnamed I In- rn i 04F_ Department of Community &Economic Development 1�N'��~ Alex Pietsch, Administrator Adriana Johnson, Planning Technician Produced by City of Renioi fc) 2008. the City of Renton alt rights reserved. No warranties of any sod. -rcludi;;g but not !Invled to ac(:uracy, fitness Of inr.rciv+nlahilily. accornuany INs i)rnr!uU. Shamrock Annexation Legend Shamrock Annexation Boundary City Limits File Name H:\EDNSP\GIS projects\annexalions�. shamock_annex area\mxds\shamrock_ vicinily.mxd Vicinity Map July 8, 2008 0 340 680 Feet O 1:9,000 SHAMROCK ANNEXATION LEGAL DESCRIPTION Those portions of the East half of the Northeast and Southeast quarters of Section 10 and the West half of the Northwest and Southwest quarters of Section 11, all in Township 23 North, Range 5 East, W.M., King County, Washington, described as follows: Beginning at the point of intersection of the north line of the South half of the Northeast quarter of the Northeast quarter of said Section 10 with the westerly right of way margin of 148'h Avenue SE, said point also being a point on the existing City limits of the City of Renton as annexed by City of Renton Ordinance No. 5147; Thence easterly along said north line, leaving said City limits, to an intersection with the Section line common to said Sections 10 and 11; Thence easterly along the north line of the South half of the Northwest quarter of said Northwest quarter to the easterly right of way margin of 148d' Avenue SE; Thence southerly along said easterly margin to an intersection with the north line of said Southwest quarter; Thence easterly along said north line to the northeast coiner of the Northwest quarter of said Southwest quarter and a point on the existing City limits of the City of Renton as annexed by City of Renton Ordinance No. 4829; Thence generally southerly, westerly, northerly and northeasterly, clockwise, along the various courses of the existing City limits of the City of Renton as annexed by City of Renton Ordinance Nos. 4829,4760, 4924, 5203, 5161, 5096, 5147 to the Point of Beginning. Irv_ *k Return Address: • °'` City Clerk's Office . City of Renton 1055 South Grady Way Renton, WA 98055 III�IIIIVIIn�I�I�II�AIINli911lldlllllll�ll�lflllll 20041229002517 KING COUNTY, UA DECLARATION OF COVENANT AND Property Tax Parcel Numbers: 1023059319, 9022, ANNEXATION AGREEMENT 9415, 9174, 9031, 9191, 9384, 9030, 9042 NEW DEVELOPMENT Street Intersection or Project Name: Shamrock Heights Grantor(s): Grantee(s): 1. Shamrock Highlands, LLC 1. City of Renton, a Municipal Corporation The Agreement executed herein between the City of Renton, Washington, a municipal corporation, hereinafter referred to as "CITY" and the Grantor(s), as named above and/or successors in interest of certain property, hereinafter referred to as "OWNER", is for and in consideration of the furnishing of utility service by the CITY to certain property of the OWNER hereinafter referred to as "PROPERTY". The OWNER does hereby petition for annexation of the PROPERTY to the CITY, does hereby agree to the conditions of annexation herein, and does hereby declare this covenant. 1. ACKNOWLEDGEMENTS AND REPRESENTATIONS The Grantor does hereby, acknowledge and agree as follows: 1.1. The OWNER is the owner of certain PROPERTY, which is located outside the corporate limits of the CITY. 1.2. The OWNER is seeking Preliminary Plat approval from King County for the PROPERTY. 1.3. The OWNER has requested the CITY to furnish sewer service to the PROPERTY. 1.4. This Agreement to extend sewer service outside the corporate limits of the CITY is authorized by RCW. 35.67.310 and RCW 35.92.170 and shall not be construed as a voluntary agreement pursuant to RCW 82.02.020 and therefore the provisions of RCW 82.02.020 shall not be applied hereto. 1.5. This Agreement does not preclude any evaluation and determination by the CITY that later development actions or proposals undertaken by the OWNER may require a determination of significance and environmental review under SEPA. 1.6. Per Renton Municipal Code Section 4-6-040, the owner of property in Renton's Potential Armexation Area shall execute a commtment to future annexation and compliance with certain other conditions as a prerequisite for the extension of or connection to the City's sanitary sewer system outside of the City Limits. 1.7. A CITY'S requirement of an annexation agreement or a commitment to future annexation as a condition of extending utility service outside the corporate limits of the CITY is recognized by Washington law. 1.8. The PROPERTY is located within the CITY'S POTENTIAL ANNEXATION AREA or URBAN SERVICE AREA for annexation purposes as adopted by the CITY in its Comprehensive Plan pursuant to the King County Countywide Planning Policies. d-z04 -o/7,5 DECLARATION OF COVENANT AND Property Tag Parcel Numbers: 1023059319, 9022, ANNEXATION AGREEMENT 1 9415, 9174, 9031, 9191, 9384, 9030, 9042 NEW DEVELOPMENT I Street Intersection or Project Name: Shamrock Heights 2. 1.9. It is the interest of the citizens of the CITY to insure that all public improvements that are or could be constructed within the corporate limits of the CITY or will be ultimately annexed into the CITY are constructed in accordance with CITY construction standards_ 1.10. The OWNER'S request for the extension of utility services was duly considered by the CITY, and it was determined that the furnishing of sewer service to the PROPERTY would be proper upon the fulfilling of all conditions herein. 1.11. The OWNER does hereby acknowledge that in the event of violation or breech of the terms of this PETITON, AGREEMENT AND COVENANT, or upon the invalidation of this PETITON, AGREEMENT AND COVENANT by judicial action, operation of law or otherwise, the CITY reserves the right at its sole discretion to immediately terminate the provision of utility service to the PROPERTY and in such case the OWNER agrees to indemnify and hold the CITY harmless from any and all claims of any party. PROPERTY DESCRIPTION The PROPERTY is hereby described as follows: The PROPERTY is legally described in Attachment A, attached hereto and incorporated by reference as if set forth in full. The OWNER warrants that Attachment A is correct -as fully describing subject PROPERTY. PETITION AND COVENANT FOR ANNEXATION The OWNER, in consideration of the CITY'S agreement to provide utility service to the PROPERTY, does hereby petition, agree and covenant as follows: 3.1 The OWNER does hereby agree, promise and covenant that if at any time the PROPERTY is included within any area which is being considered for annexation to the CITY, said OWNER does join in said annexation. 3.2 The OWNER agrees to execute all necessary documents such as letters, notices, petitions or other instruments initiating, furthering or accomplishing the annexation of the PROPERTY to the CITY, whether or not the annexation involves the assumption by the area to be annexed of existing CITY indebtedness, the application to the area to be annexed of the CITY Comprehensive Plan and land use controls, and such other conditions as the CITY may lawfully impose. The OWNER, for him/her/themselves and for his/her/their heirs, successors and assigns, agrees and covenants with the CITY, and to the present and future owners of the PROPERTY to which this covenant relates, that such agreement is to constitute a covenant running with the land, that he/she/they shall, whenever so requested, execute such letters, notices, petitions or other instruments. OWNER understands that the CITY will record this document and the OWNER agrees to specifically advise future interests in the property. Covenant to Annex Document 1 t-30-04\11/29/04 Page 2 FORM 03 0008/bh/ DECLARATION OF COVENANT AND Property Tag Parcel Numbers: 1023059319, 9022, ANNEXATION AGREEMENT 9415, 9174, 9031, 9191, 9384, 9030, 9042 NEW DEVELOPMENT I Street Intersection or Project Name: Shamrock Heights 4. 3.3 The OWNER recognizes that the laws of the State of Washington relating to the annexation of property by a city provides that property may be annexed to a city if property owners sign a petition for such an annexation. The OWNER recognized and agrees that by signing this Agreement, the PROPERTY of the OWNER will automatically be included as a property to be annexed in the event PROPERTY is within a proposed annexation area. The OWNER further recognizes that there are other methods of annexation allowed under the laws of the State of Washington, including the election method. 3.4 The OWNER understands that the OWNER'S signatures on this Agreement is an admission that the OWNER understands the certain rights which the OWNER has regarding the PROPERTY and that the OWNER is willingly waiving such rights in consideration of receiving the described utility services. 3.5 The undersigned OWNER of the PROPERTY, on behalf of himself/herself/themselves, his/her/their heirs, successors and assigns, hereby designate(s) the CITY as OWNER'S true and lawful attorney -in -fact for the purpose of signing any petition leading to the annexation of said PROPERTY to the CITY, with full power to do and perform any proper act which the OWNER may do with respect to the annexation of said real property. The CITY may exercise this power through its City Clerk or otherwise as the CITY COUNCIL may direct. This Special Power of Attorney is given for the valuable consideration of the furnishing of sewer service by the CITY, and this Special Power of Attorney is further given as security for performance of the annexation covenant obligation set forth herein. This Special Power of Attorney is not revocable and shall not be affected by the disability of the principal. AGREEMENT AND COVENENT OF CONDITIONS AND MITIGATION MTASURES The OWNER acknowledges that the CITY has a desire to have certain minimum development standards met for new developments in the CITY's Potential Annexation Area. The OWNER, in consideration of the CITY's agreement to provide sanitary sewer utility service to the PROPERTY and in recognition of the CITY's conditions for annexation of the PROPERTY, does hereby agree and covenant to submit their development plans to the CITY for review and approval prior to official submittal to King County. Except as may be waived by the CITY's Public Works Administrator or his/her designee, the minimum design standards that will be required are: 4.1 The OWNER shall provide record drawings of all of the constructed Public Work's facilities for the CITY's records. Covenant to Annex Document 11-30-04\11/29/04 Page 3 FORM 03 0008/bh/ DECLARATION OF COVENANT AND Property Tax Parcel Numbers 1023059319, 9022, ANNEXATION AGREEMENT 9415, 9174, 9031, 9191, 9384, 9030, 9042 NEW DEVELOPMENT Street Intersection or Project Name: Shamrock Heights 5. GENERAL PROVISIONS The OWNER and the CITY do hereby acknowledge and agree to the following provisions, which apply to the entire Agreement herein. 5.1 The OWNER agrees that all future land use and development on the PROPERTY will meet all land use and development standards of the CITY. In the event of a conflict between CITY standards and any applicable County standards, the more restrictive standards as determined by the CITY shall apply. 5.2 No modifications of this Agreement shall be made unless mutually agreed upon by the parties in writing. 5.3 Nothing in this agreement shall be construed to create any financial obligation on the part of the CITY with regard to annexation, construction of utilities and appurtenances, or any other matter. The OWNER and the CITY hereby acknowledged that it is the OWNER's responsibility to finance the design and construction of utility facilities needed to serve OWNER's property consistent with the CITY plans and specifications, unless otherwise agreed by the CITY. 5.4 The terms and provisions of this PETITION, AGREEMENT AND COVENANT shall insure to the benefit and become bindurg upon the heirs, assigns and/or successors in interest of the parties hereto. The OWNER agrees to indemnify and hold the CITY harmless from any claims any subsequent purchaser may have as a result of this Agreement, including CITY'S attorney fees and costs. 5.5 Any notice or demand required or permitted to be given under this Agreement shall be sufficient if given in writing and sent by registered or certified mail, return receipt requested, to the address of the parties set forth below. Any notice shall be deemed to have been given on the date it is deposited in the U.S. Postal Service mail with postage prepaid 5.6 If for any reason of any default or breach on the part of either the OWNER or the CITY in the performance of any of the provision of this Agreement a legal action is instituted, the party not prevailing agrees to pay all reasonable costs and attomey fees and costs bi connection therewith. It is hereby agreed that the venue of any legal action brought under the terms of this Agreement shall be King County, Washington. This Agreement shall be governed by the applicable laws, rules, and regulations of the State of Washington and the CITY. 5.7 In the event that any term, provision, condition, clause or other portion of this Agreement be held to be inoperative, invalid, void, or in conflict with applicable provision, condition, clause or other portion of this Agreement, and the remainder of this Agreement shall be effective as if such term, provision, condition or other portion had not been contained herein, and to this end, the terms of this Agreement are declared by the parties to be severable. 5.8 Upon execution, the CITY will record these covenants with the King County Recorder's Office. Coven wit to Annex Document 11-30-04\11/29/04 Page 4 FORM 03 000Mh/ DECLARATION OF COVENANT AND Property Tag Parcel Numbers 1023059319, 9022, ANNEXATION AGREEMENT 1 9415, 9174, 9031, 9191, 9384, 9030, 9042 NEW DEVELOPMENT I Street Intersection or Project Name: Shamrock Heights IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. Gran r Signa (s) INDIVIDUAL FORMOFACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: DECLARATION OF COVENANT AND Property Tag Parcel Numbers: 1023059319, 9022, ANNEXATION AGREEMENT 9415, 9174, 9031, 9191, 9384, 9030, 9042 Project File #: Street Intersection or Project Name: Shamrock Heights IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. CORPORATE FORM OF A CKNO WLEDGMENT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) On this 3(ltl- day of t\)O�A15FNE, NA before me personally appeared \\\\IIIIIII/t/� �itLlL'Vl P(�6L� to me known to P, S; , G/// be Q WI e m L2z of the corporation that executed the within instrument, and acknowledge the said instrument to be the free ,� f� • and voluntary act and deed of said corporation, for the uses and purposes therein APR m•: — mentioned, and each on oath stated that he/she was authorized to execute said 27 2005 I instrument and that the seal affixed is the corporate seal of said corporation. i �•�9i� Off. 0 ��FWASM �:� U �` PUg��` Notary Pub is in and for the State of Washington Notary (Print)_Lobe, S. Gt,,�� c-�-- My appointment expires: 4-2.1-�S Dated: - 3t,' CA Covenant to Annex Document 11-30-04\11/29/04 Page 5 FORM 03 0008/bh/ Shamrock Height Property Attachment A PARCEL C: THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THE EAST 280 FEET THEREOF; TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTH 30 FEET OF SAID EAST 280 FEET; EXCEPT THAT PORTION THEREOF FOR 148TH AVENUE SOUTHEAST RIGHT OF WAY; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL D: THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE EAST 1/2 ;i OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT COUNTY ROAD; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL E: THE WEST 794 FEET OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON; ALSO KNOWN AS A PORTION OF LOT B OF UNRECORDED LOT LINE ADJUSTMENT NO. S90M0351. PARCEL F: THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; AND EXCEPT THE WEST 794 FEET THEREOF; AND EXCEPT THE EAST 230 FEET OF THE NORTH 300 FEET THEREOF; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Shamrock Height Property Attachment A PARCEL G: THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THE. NORTH 168.05 FEET OF THE EAST 302.15 FEET THEREOF; AND EXCEPT THAT PORTION THEREOF FOR 148T" AVENUE SOUTHEAST RIGHT OF WAY; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL H: THE NORTH 168.05 FEET OF THE EAST 302.15 FEET OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THAT PORTION THEREOF FOR 148TH AVENUE SOUTHEAST RIGHT OF WAY; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL I: THAT PORTION OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 25 NORTH, RANGE 5 EAST W. M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTH 1/2 ; THENCE NORTH 88020'44" WEST ALONG THE NORTH LINE OF SAID SOUTH 1/2, 50 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 880 20' 44" WEST, 216.94 FEET; THENCE SOUTH 00015'25"WEST PARALLEL WITH THE EAST LINE OF SAID SOUTH 1/2, 329.36 FEET TO THE SOUTH LINE THEREOF; THENCE SOUTH 88020'52" EAST ALONG THE SOUTH LINE OF SAID SOUTH 1/2, 266.94 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE NORTH 00015'25" EAST ALONG THE EAST LINE OF SAID SOUTH 112, 313.35 FEET TO A POINT 16 FEET SOUTHERLY OF SAID NORTHEAST CORNER; THENCE NORTH 88020'44" WEST PARALLEL WITH THE NORTH LINE OF SAID SOUTH 1/2, 50 FEET; THENCE NORTH 00015'25" EAST PARALLEL WITH THE EAST LINE OF SAID SOUTH 1/2, 16 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON Shamrock Height Property Attachment A PARCEL J: THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W. M.; EXCEPT THE NORTH 132 FEET THEREOF; AND EXCEPT THE EAST 286 FEET THEREOF; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL K: THE NORTH 16 FEET OF THE SOUTH '/z OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W. M.; EXCEPT THAT PORTION THEREOF FOR 148TM AVENUE SOUTHEAST RIGHT OF WAY; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. u BARGEE L:y THE NORTH 16 FEET OF THE EAST 50 FEET OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W. M.; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. a King County Department of Assessments Accounting Division 500 Fourth Avenue, ADM-AS-0725 Seattle, WA 98104-2384 (206) 296-5145 FAX (206) 296-0106 Email: assessor.info@kingeounty.gov h"p://www.kingeounty.gov/assessor/ Scott Noble Assessor ANNEXATION PETITION CERTIFICATION THIS IS TO CERTIFY that the petition submitted September 30, 2008 to the King County Department of Assessments by Angie Mathias, Associate Planner for the City of Renton, supporting the annexation to Renton of the properties described as the Shamrock Annexation, have been examined, the property taxpayers, tax parcel numbers, and assessed value of properties listed thereon carefully compared with the King County tax roll records, and as a result of such examination, found to be sufficient under the provisions of the Revised Code of Washington, Section 35A.01.040. The Department of Assessments has not verified that the signature on the petition is valid through comparison with any record of actual signatures, nor that the signature was obtained or submitted in an appropriate time frame, and this document does not certify such to be the case. Dated this 11th day of December, 2008 Scott Noble, King County Assessor CITY OF RENTON COUNCIL AGENDA BILL Al #: Submitting Data: Public Works Department For Agenda of: Dept/Div/Board.. Transportation Systems Division January 12, 2009 Agenda Status Staff Contact...... Robert Lochmiller, extension 7303 Principal Civil Engineer Consent .............. X Public Hearing.. Subject: Correspondence.. Garden Avenue Widening Project Ordinance......... KPG, Inc. Consultant Agreement Resolution......... Old Business........ New Business....... X Exhibits: Study Sessions...... Issue Paper Information......... Consultant Contract Recommended Action: Approvals: Legal Dept......... X Council Concur Finance Dept...... Other.... Fiscal Impact: (Fund 317.12603) Expenditure Required. $119,068 Total Transfer/Amendment Amount Budgeted ..... $860,000 (2008 & 2009) Revenue Generated......... Total Project Budget $1,125,178 City Share Total Project $1,125,178 SUMMARY OF ACTION: This consultant agreement provides for the design of 100 % plans, specifications and estimate for the Garden Avenue North Widening project. The design will include widening Garden Avenue North from North 10th Street to Logan Avenue North, improve the intersection where Logan Avenue North, Garden Avenue North, Lake Washington Boulevard and Park Avenue North meet with a new signal, and provide bike lane treatments to connect bike lanes on Logan Avenue North to Lake Washington Boulevard and Coulon Park facilities. The contract also develops planning level alignment for a pedestrian facility on the north side of Park Avenue North from Garden Avenue North to the east side of the I-405 interchange to connect recently installed pedestrian improvements on SR 900/Sunset Boulevard. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the consultant agreement with KPG, Inc. in the amount of $119,068 for design services on the Garden Avenue North Widening. H:\Division.s\TRANSPOR.TAT\DESIGN.ENG\Rob\Garden Avenue\Contracts\Agenda Bill 081217.doc PUBLIC WORKS DEPARTMENT 's M E M O R A N D U M DATE: January 12, 2009 TO: Randy Corman, Council President Members of the Renton City Council Council VIA: Denis Law, Mayor �7^ DI, �� FROM: Gregg Zimmerman, Administrator STAFF CONTACT: Robert Lochmiller, Principal Civil Engineer (extension 7303) SUBJECT: Garden Avenue North Widening Project KPG, Inc,Consultant Agreement ISSUE: Should the City execute the consultant agreement with KPG, Inc. for design services for the Garden Avenue North Widening project? RECOMMENDATION: Authorize the Mayor and City Clerk to execute the consultant agreement with KPG, Inc. in the amount of $119,068.00 for design services on the Garden Avenue North Widening project. BACKGROUND: The Transportation Systems Division has identified improvements needed for Garden Avenue North and the intersection where Logan Avenue North, Garden Avenue North, Lake Washington Boulevard, and Park Avenue North meet due to projected traffic volumes for the recent development of The Landing and South Port. The Logan Avenue North, Garden Avenue North, Lake Washington Boulevard and Park Avenue North intersection connects both developments and serves the access to I-405. Additional capacity is needed to handle the increase of traffic at this intersection. This consultant agreement provides for the design of 100% plans, specifications and estimate for the Garden Avenue North Widening project. The design will include widening Garden Avenue North from North I Oth Street to Logan Avenue North, improvement of the intersection of Logan Avenue North, Garden Avenue North, Lake Washington Boulevard and Park Avenue North with Randy Corman, Council President Members of the Renton City Council January 12, 2009 Page 2 a new signal, and provide bike lane treatments to connect bike lanes on Logan Avenue North to Lake Washington Boulevard and Coulon Park facilities. The contract also develops planning level alignment for a pedestrian facility on the north side of Park Avenue North from Garden Avenue North to the east side of the I-405 interchange to connect recently installed pedestrian improvements on SR 900/Sunset Boulevard. Funding for the design will come from TIP #10 — Garden Avenue Widening Project. Transportation Systems Division budgeted $850,000 for 2008 and $10,000 for 2009 for both design and construction of this project. In 2008, Transportation Systems Division has only expended approximately $16,000 of the total $850,000 budgeted. Transportation Systems Division will request the majority of the unexpended 2008 funds for the project to be reallocated to the 2009 budget. This will be done, as part of the entire TIP Carry Forward done in early 2009. cc: Peter Hahn, Deputy PW Administrator — Transportation Robert Hanson, Transportation Design Supervisor Robert Lochmiller, Transportation Principal Civil Engineer Connie Brundage, Transportation Administrative Secretary H:\Division.s\TRANSPOR.TAT\DESIGN.ENG\Rob\Garden Avenue\Contracts\Issue paper 081217.doc CONSULTANT AGREEMENT PROJECT TITLE WORK DESCRIPTION Preparation of final plans, specifications, and estimates Garden Avenue N for Garden Avenue N improvements PROJECT NO. RENTON BUSINESS LICENSE NO. CONSULTANT/ADDRESS/TELEPHONE KPG, Inc. BC 027886 753 Ninth Avenue N. Seattle, WA 98109 FEDERAL I.D. NO. 206-286-1640 93-0661195 MAXIMUM AMOUNT PAYABLE COMPLETION DATE $119,068.00 December 31, 2009 Index of Exhibits Exhibit "A" — Scope of Work Exhibit "B" — Payment (Negotiated Hourly Rate) Exhibit "C" _ Consultant Fee Determination Exhibit "D" — Subcontracted Work/Fee Determination Exhibit "E" — Title VI Assurances THIS AGREEMENT, made and entered into this day of , between. the City of Renton, Washington, hereinafter called the "CITY", and the above organization hereinafter called the "CONSULTANT". WITNESSETH THAT: WHEREAS, the CITY desires to accomplish the above referenced project; and WHEREAS, the CITY 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 CITY. O:\PW Contracts\ConsultantAgreement.doc Rev. 1/24/07 1 NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I GENERAL DESCRIPTION OF WORK The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work -for this PROJECT. The CONSULTANT shall furnish all services, labor and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II SCOPE OF WORK The Scope of Work and project level of effort for this project is detailed in Exhibit "A" attached hereto, and by this reference made a part of this AGREEMENT. III GENERAL REQUIREMENTS All aspects of coordination of the work of this AGREEMENT, with outside agencies, groups or individuals shall receive advance approval by the CITY. Necessary contacts and meetings with agencies, groups or individuals shall be coordinated through the CITY. The CONSULTANT shall attend coordination, progress and presentation meetings with the CITY or such Federal, Community, State, City or County officials, groups or individuals as may be requested by the CITY. The CITY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The CONSULTANT shall prepare a monthly progress report, in a form approved by the CITY, that will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. All reports, plans & specifications, and other data furnished to the CONSULTANT by the CITY shall be_ returned. All designs, drawings, specifications, documents, and other work products,. including all. electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT and are property of the CITY. Reuse by the CITY or by others acting through or on behalf of the CITY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. IV TEM1 FOR BEGINNING AND COMPLETION The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the CITY. All work under this AGREEMENT shall be completed by the date shown in the AGREEMENT under completion date. 2 The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the CITY, in the event of a delay attributable to the CITY, or because of unavoidable delays beyond the control of the CONSULTANT. V PAYMENT PROVISIONS The CONSULTANT shall be paid by the CITY for completed work and services rendered under this AGREEMENT as provided in Exhibit "B" attached hereto, and by this reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work specified in Section H, "Scope of Work". The CONSULTANT shall conform with all applicable portions of 48 CFR 31. VI SUBCONTRACTING The CITY permits subcontracts for those items of work as shown in Exhibit "D" attached hereto and by this reference made a part of this AGREEMENT. Compensation for this subconsultant work shall be based on the cost factors shown in Exhibit "D". The work of the subconsultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the CITY`: All reimbursable hourly rates and direct non -salary costs for the subconsultant shall be substantiated in the same manner as outlined in Section V. All subcontracts exceeding $10,000 in cost shall contain all applicable provisions of this AGREEMENT. With respect to subconsultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not subcontract Tor the performance of any work under this AGREEMENT without prior written permission of the CITY. No permission for subcontracting shall create, between the CITY and subcontractor, any contract or any other relationship. VII EMPLOYMENT The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or .resulting from the award or making of this contract. For breach or violation of this warrant, the CITY shall have the right to annul this AGREEMENT without liability, or in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee,. gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the CITY, and any and all claims that may or might arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full or part time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the CITY, except regularly retired employees, without written consent of the public employer of such person. VIH NONDISCRMUNATION During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d-4a) Federal -aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et. seq.) Civil Rights Restoration Act of 1987 (Public Law 100-259) American with Disabilities Act of 1990 (42 USC Chapter 126 section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "E" attached hereto and by this reference made a part of this AGREEMENT, and shall include the attached Exhibit "E" in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX TERMNATION OF AGREEMENT The right is reserved by the CITY to terminate this AGREEMENT at any time upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the CITY other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of the AGREEMENT plus any direct nonsalary costs incurred at the time of termination of the AGREEMENT. No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the CITY for any excess paid. If the services of the CONSULTANT are terminated by the CITY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In such an event, the amount to be paid shall be determined by the CITY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the CITY at the time of termination; the cost to the CITY of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the CITY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount which would have been made using the formula set forth above. If it. is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to be a termination for the convenience .of the CITY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the project, or, dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of the AGREEMENT, if requested to do so by the CITY. The subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the CITY, if the CITY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the CITY's concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. 5 Payment for any part of the work by the CITY shall not constitute a waiver by the CITY of any remedies of any type it may have against the CONSULTANT for any breach of the AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the CITY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X CHANGES OF WORK The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein when required to do so by the CITY, without additional compensation thereof. Should the CITY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the CITY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI DISPUTES Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the CITY shall be -referred for determination to the Director of Public Works or City Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided however, that if .an action is brought challenging the Director of Public Works or City Engineer's decision, that decision shall be subject to de novo judicial review. XII VENUE, APPLICABLE LAW AND PERSONAL JURISDICTION In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the -parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in King County. The parties hereto agree that all questions shall be resolved by application of Washington law. and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the law of the State of Washington. The CONSULTANT hereby consents to the personal_ jurisdiction of the Superior court of the State of Washington, situated in King County. XM LEGAL RELATIONS The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accord with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the CITY and their officers and employees harmless from and shall process and defend at its own expense all claims, demands or suits at law or equity arising in whole or in part from the CONSULTANT's negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the CITY against and hold harmless the CITY from claims, demands or suits based solely upon the conduct of the CITY, their agents, officers and employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT's agents or employees and (b) the CITY, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence, (2) the costs to the CITY of defending such claims and suits, etc. shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of -the CONSULTANT's agents or employees. The CONSULTANT's relation to the CITY shall be at all times as an independent contractor. The CONSULTANT shall comply. with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically assumes .potential liability for actions brought by the CONSULTANT's own employees against the CITY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunityunder the state industrial insurance law, Title 51 RCW. Unless otherwise specified in the AGREEMENT, the CITY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of an acceptable, supplemental agreement, the CONSULTANT shall provide on -call assistance to the CITY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the State of Washington. ` B. Commercial general liability and property damage insurance in an amount not less than one million dollars ($1,000,000) per occurrence/two million dollars. ($-2,000,000) aggregate for bodily injury, including death and property damage. C. Professional liability insurance in the amount of $1,000,000 or more against claims arising out of work provided for in this contract. D. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. Excepting the Worker's Compensation and Professional Liability insurance secured by the CONSULTANT, the CITY will be named on all policies as an additional insured. The CONSULTANT shall furnish the CITY with verification of insurance and endorsements required by the AGREEMENT. The CITY reserves the right to require complete, certified copies of all required insurance policies at any time. The additional insured endorsement shall provide that to the extent of the CONSULTANT's negligence the CONSULTANT's insurance shall be primary and non-contributing as to the CITY, and any othe insurance maintained by the City shall be excess and not contributing insurance with respect to the CONSULTANT's insurance. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to the CITY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the CITY. The CITY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the CITY may take such other action as is available to them under other provisions of this AGREEMENT, or otherwise in law. X1V EXTRA WORK The CITY may at any time, by written order, make changes within the general scope of the AGREEMENT in the services to be performed. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT, the CITY shall make an equitable adjustment in the (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREEMENT accordingly. The CONSULTANT must submit its "request for equitable adjustment (hereafter referred to as claim) under this clause within thirty (30) days from the date of receipt of the written order. However, if the CITY decides that the facts justify it, the CITY may receive and act upon a claim submitted before final payment of the AGREEMENT. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. Notwithstanding the terms and conditions of the first two paragraphs above; the maximum amount payable for this AGREEMENT, shall- not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV ENDORSEMENT OF PLANS If applicable, the CONSULTANT shall place its endorsement on all plans, estimates or any other engineering data furnished by them. XVI COMPLETE AGREEMENT This document and referenced attachments contains all covenants, stipulations and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. . XNI EXECUTION AND ACCEPTANCE This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting materials submitted by the CONSULTANT, and does hereby accept the AGREEMENT and. agrees to all of the terms and conditions thereof. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written. CITY OF RENTON By: Mayor ATTEST: City Clerk I EXHIBIT A City of Renton Garden Avenue N N 8th Street to Logan Avenue N Scope of Work KPG, Inc April 21, 2008 A. PROJECT DESCRIPTION/BACKGROUND The project includes preparing final plans, specifications, and estimates for improvements to Garden Avenue N from N 8th Street to Logan Avenue N. Improvements shall include: Widening Garden Avenue to accommodate a standard width 4 lane roadway between N 10th Street and Logan Avenue N • Widening will take place with cement concrete pavement to match existing • Improvements shall be coordinated with adjacent developer improvements • Minor drainage improvements and utility adjustments may be required • New fully actuated traffic signal at the Garden/Logan intersection • Channelization modifications on Garden Avenue between N 8th Street and N 10th Street to accommodate the changes north of N 10th Street • Widen Logan Avenue with asphalt concrete pavement between Park Avenue and Garden Avenue to provide for a second eastbound to northbound left turn lane • The associated improvements will include the replacement of concrete curb, gutter and sidewalks where impacted • Bikelane treatments at the Garden/Lake Washington Boulevard/Park intersection will be investigated and installed to allow for safe eastbound to northbound movements. • The improvements will match the approved improvements on Lake Washington Boulevard by Seco Development on the Southport Project B. ASSUMPTIONS In order to proceed with the project, the following assumptions were made: ❑ A topographic survey will be performed on Garden Avenue between N 10th Street and Logan Avenue N Page 1 of 6 EXHIBIT A ❑ Maps for Garden Avenue between N 8th Street and N 10th Street will be prepared from city supplied aerial photographs ❑ Drainage or water quality reports will not be required ❑ Detention and water quality facilities will not be required ❑ Minimal drainage improvements will be included to accommodate the roadway widening areas ❑ A geotechnical investigation is not required ❑ Environmental work is not required ❑ Right of way/easements will not be required ❑ One bid document will be produced ❑ Logan Avenue from 1-405 through and including the Garden Avenue intersection is contained within WSDOT Limited Access Right of Way The City shall provide the following: ❑ Available existing mapping or record drawings for the project areas ❑ Existing aerial ortho photos ❑ Information on the condition of the storm drainage system. ❑ Permit fees and applications ❑ Advertisement for bids o Reproduce, distribute and track contract documents C. DELIVERABLES The Consultant shall provide the following deliverables with this project: ❑ Monthly progress reports v ❑ Meeting minutes ❑ Base Maps ❑ 50% review submittal of Plans, Specifications, and Cost Estimate (3 review sets). ❑ 100% review submittal of Plans, Specifications, and Cost Estimate (3 review sets). o Issued for Bids submittal of -Plans, Specifications, and Cost Estimate (two full-size and two half-size set of plans and one set of specifications) ❑ Approved WSDOT Channelization Plan D. SCOPE OF WORK TASK 1 — MANAGEMENT / COORDINATION / ADMINISTRATION 1.1 The Consultant shall provide continuous project management for the project duration for the design of the project (estimate 3 months). City of Renton Page 2 of 6 Garden Avenue N EXHIBIT A 1.2 The Consultant shall prepare monthly progress reports identifying work in progress, upcoming work elements, and reporting of any delays, problems, or additional information needs. 1.3 The Consultant shall prepare for and attend coordination meetings with City staff at regular intervals in the design process to discuss key issues and track progress (assume 4 meetings). 1.4 The Consultant shall provide internal quality assurance/quality control (QA/QC) reviews of all work products prior to submittal for City review. Task 1 Deliverables: ■ Monthly progress reports (3 months) ■ Meeting minutes (4) TASK 2 —BASE MAPPING, SURVEYING, AND PAVEMENT ANALYSIS 2.1 The Consultant shall perform field survey and prepare base maps for Garden Avenue from N 10th Street to Logan Avenue N, Logan Avenue from Park Drive to Garden Avenue and the Logan/Garden intersection. The plan scale shall be V-20'. The consultant shall prepare maps for channelization changes to Garden Avenue between N 8th Street and N 10th Street from city supplied aerial photographs. Task 2 Deliverables: ■ Base Map TASK 3 — PUBLIC INVOLVEMENT 3.1 The Consultant shall work one-on-one with . affected property owners to coordinate restoration plans (estimate 4 meetings). Task 3 Deliverables: • Meeting presentation material TASK 4 —UTILITY COORDINATION 4.1 The Consultant will coordinate with utilities including water, sewer, power, gas, telephone and cable television, located in the limits of the project. Coordination. shall include obtaining copies of all available utility maps and providing each of the utilities with copies of the 50%, 100%, and Issued for City of Renton Page 3 of 6 Garden Avenue N EXHIBIT A Bid documents. A budget for potholing of buried existing utilities is included in the fee estimate. Task 4 Deliverables: ■ Meeting minutes (2) TASK 5 —WSDOT COORDINATION 5.1 The Consultant shall provide coordination with WSDOT to obtain approval of channelization and signal improvements at the Garden Avenue/Logan Avenue intersection which is located within WSDOT Limited Access Right of Way. 5.2 The Consultant shall coordinate with the City and WSDOT to develop a planning level alignment for a pedestrian facility on the north side of Logan Avenue between Garden Avenue and the east side of the 1 405 interchange to match with recently installed pedestrian improvements. Task 5 Deliverables: ■ Approved WSDOT channelization plan ■ Approved WSDOT signal plan ■Alignment and cross-section plan for the pedestrian connection C�v1.nn� �` 1-ZJ21 C�Cr 6CVin ,k �Oj -411e Ve4.-S+1"1U1 C.0V%'Aej110"%. TASK 6 —PLANS, SPECIFICATIONS, AND ESTIMATE 6.1 The Consultant will participate in a field visit with the City Project Manager to review the required improvements. 6.2 The Consultant will prepare 50% plans including the following: • Plans shall be prepared with such provisions in such detail as to permit field layout and construction within a degree of accuracy acceptable to the City and per industry standards. • It is assumed there will be nineteen (19) plan sheets. • The Plans shall show complete details of construction of the proposed improvements including: o Limits of construction for both the street and sidewalk o Paving Limits o Signal installation o Drainage system modifications o Utility adjustments o Channelization o Property restoration City of Renton Page 4 of 6 Garden Avenue N EXHIBIT A o Typical Sections and Details for items not available as standard details from the City, State, or APWA standard drawings 6.3 The Consultant will prepare detailed project specifications including special provisions. 6.4 The Consultant will prepare an engineer's estimate of construction costs based on the construction plan sheets, bid item quantities, and current bid prices. 6.5 The Consultant shall prepare 100% review plans based on the comments received from the 50% review plans. 6.6 The Consultant shall prepare Issued for Bids plans based on comments received from the 100% review plans. Task 6 Deliverables: ■ At 50% and 100% submittal: plans, specifications, and cost estimates. ■ Issued for Bids plans, specifications, and cost estimates. E. EXTRA WORK The City of Renton may require other services of the Consultant. These services could include construction management and inspection, geotechnical investigations, and other work tasks not included in the scope of work. At the time these services are required, the Consultant shall provide the City with a detailed scope of work and an estimate of costs. The Consultant shall not proceed with the work until the City has authorized the work and issued a Notice to Proceed. City of Renton Page 5 of 6 Garden Avenue N EXHIBIT A F. PLAN SHEET BREAKDOWN Cover Sheet 1 Road Sections/Detail Sheet 2 Plan/Profile Sheet 3 Channelization/Signing Sheet 5 Channelization/Signing Details 1 Signal Plans 3 Signal Details 1 Landscape/Restoration Plan 2 Landscape/Restoration Details 1 19 City of Renton Page 6 of 6 Garden Avenue N EXHIBIT B PAYMENT (NEGOTIATED HOURLY RATE) The CONSULTANT shall be paid by the CITY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be fall compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform with all applicable portions of 48 CFR Part 31. 1. Hourly Rates The CONSULTANT shall be paid by the CITY for work done, based upon the negotiated hourly rates shown in Exhibit "C" attached hereto and by this reference made part of the AGREEMENT. The rates listed shall be applicable for the first 12-month period and shall be subject to negotiation for the following 12-month period upon request of the CONSULTANT or the CITY. If negotiations are not conducted for the second or subsequent 12-month periods within 90 days after completion of the previous period, the rates listed in this AGREEMENT, or subsequent written authorization(s) from the CITY shall be utilized. The rates are inclusive of direct salaries, payroll additives, overhead, and fee. The CONSULTANT shall maintain support data to verify the hours billed` on the AGREEMENT. 2. Direct Non -Salary Costs Direct Non -Salary costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of subconsultants. Air or train travel will only be reimbursed to economy class levels unless otherwise approved by the CITY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the CITY's Travel Rules and Procedures. However, air, train, and rental car costs shall be reimbursed in accordance with the 48 CFR Part 31.205-46 "Travel Costs". The billing for direct non -salary costs shall include an itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the CITY upon request. All above charges must be necessary for the services provided under this AGREEMENT. 3. Contingencies If the CITY desires the CONSULTANT to perform additional work beyond that already defined in the AGREEMENT, the Agreement Administrator may authorize additional funds for this purpose. Such authorization(s) shall be in writing and shall not exceed the amount shown in Exhibit "C". Any changes requiring additional costs in excess of the contingencies shall be made in accordance with Section XIV, "Extra Work". 4. Maximum Amount Payable The maximum amount payable by the CITY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The maximum amount payable is comprised of the total amount authorized and the contingencies. The maximum amount payable does not include payment for. - extra work as stipulated in Section XIV, "Extra Work". No minimum amount payable is guaranteed under this AGREEMENT. 5. Monthly Progress Payments Progress payments may be claimed on a monthly basis for all costs authorized in 1 and 2 above. The monthly invoices shall be supported by detailed statements for hours expended at the rates established in Exhibit "C", including names and classifications of all employees, and invoices for all direct nonsalary expenses. To provide a means of verifying the invoiced salary costs for the consultant's employees, the agency may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the project at the time of the interview. 6. Final Payment Final payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the CITY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such final payment by the CONSULTANT shall constitute a release of all claims for payment which the CONSULTANT may have against the CITY unless such claims are specifically reserved in writing and transmitted to the CITY by the CONSULTANT prior to its acceptance. Said d final payment shall not, however, be a bar to any claims that the CITY may have against the CONSULTANT or to any remedies the CITY may pursue with respect to such claims.. The payment of any billing will not constitute agreements as to the appropriateness of any item and at the time of final audit, all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the CITY within thirty (30) days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT or any claims relating to the validity of a finding by the CITY of overpayment. 7. Inspection of Cost Records The CONSULTANT and their subconsultants shall keep available for inspection by representatives of the CITY, for a period of three (3) 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 (3) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the . records is completed. EXIIIBIT C CONSULTANT FEE DETERMINATION PROJECT: Garden Avenue N N 8`h Street to Logan Avenue N NEGOTIATED HOURLY RATES: Classification Hours x Rate = Cost Senior Engineer 60 x 174.30 $10,458.00 Project Manager 110 x 133.13 $14,644.30 Design Engineer 354 x 116.73 $41,322.42 Technician 548 x 86.16 $47,215.68 Clerical 54 x 63.00 $3,402.00 TOTAL = $117,042.40 REIMBURSABLES: Mileage and Reproduction = $2,025.00 SUBCONSULTANT COSTS (See Exhibit D): = $0 GRAND TOTAL: = $119,067.40 .4I 1: 1 SUBCONTRACTED WORK The CITY permits subcontracts for the following portions of the work of the AGREEMENT: SUBCONSULTANT WORK DESCRIPTION AMOUNT NONE TOTAL = $0 EXHIBIT E TITLE VI ASSURANCES During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees and successors in interest agrees as follows: 1. COMPLIANCE WITH REGULATIONS: The CONSULTANT shall comply with the Regulations relative to non-discrimination in the same manner as in federally assisted programs of the CITY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of the AGREEMENT. 2. NON-DISCRINUNATION: The CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subconsultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the Regulations. 3. SOLICITATIONS FOR SUBCONSULTANTS, INCLUDING PROCUREMENTS OF MATERIALS AND EQUIPMENT: In all solicitations either by competitive bidding or negotiation made by the CONSULTANT for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subconsultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under this AGREEMENT and the Regulations relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. INFORMATION AND REPORTS: The CONSULTANT shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the CITY to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the CITY, and shall set forth what efforts it has made to obtain the information. SANCTIONS FOR NON-COMPLIANCE: In the event of the CONSULTANT's non-compliance with the non- discrimination provisions of this AGREEMENT, the CITY shall impose such sanctions as it may determine to be appropriate, including, but not limited to: Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and/or; Cancellation, termination or suspension of the AGREEMENT, in whole or in part. INCORPORATION OF PROVISIONS: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any subconsultant or procurement as the CITY may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that, in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the CONSULTANT may request the CITY to enter into such litigation to protect the interests of the CITY. CITY OF RENTON PUBLIC WORKS TRANSPORTATION SYSTEMS DIVISION onna 001A civ VEAm -r-n Garden Ave N Widening Functional Classification: Minor Arterial Fund: 317 Proj. Length: 0.38 miles Proj: 12603 TIP No. 10 CONTACT: Rob Lochmiller 425.430.7303 DESCRIPTION: STATUS: The project will determine necessary roadway, intersection and traffic routes improvements on Garden Ave The North Renton Area Traffic Analysis has been completed. Design of Garden Ave NE to N, Lake Washington Blvd and Houser Way, to mediate the growing traffic demands in the area. It includes be completed in 2008 with construction following in 2009-2010. Design and widening a portion of Garden Avenue N to accomodate additional traffic from existing and future construction of Park Ave N extension and improvements on Houser Way N are anticipated in 2013 and development plans in the area, improvements needed to convert Houser Way N to two-way operations 2014 and are unfunded. (between N 8th St and Lake Washington Blvd and the extension of Park Ave N to provide access to Southport, PSE property and The Boeing Company. JUSTIFICATION: CHANGES: With the additional development growth in the North Renton area, which includes The Landing, Lowe's, Funds are needed for the improvements on Houser Way N and for the extension of Park and the Southport residential/office development, this project will identify and construct improvements to Ave N. improve traffic flows in the vicinity. Project Totals Programmed Pre-2009 un e n un e Six -Year Program ITEM Programmed Spent Pre-2008 2008 Total EXPENSES: 2009 2010 2011 2012 2013 2014 Planning Preliminary Engineering R-O-W includes Admin 735,178 500,000 25,178 50,000 660,000 10,000 20,000 580,000 50,000 Construction Construction Services 4,430,000 460,000 730,000 500,000 3,700,000 200,000 500,000 1,200,000 2,300,000 Post Construction Services 70,000 390,000 20,000 120,000 250,000 2,600,000 TOTAL EXPENSES SOURCES OF FUNDS: 6,125,178 25,178 850,000 5,250,000 10,000 240,000 2,400,000 Vehicle Fuel Tax Business License Fee 125,178 25,178 100,000 Proposed Fund Balance 250,000 250,000 Grants In -Hand 1 Grants In -Hand 2 Miti ation In -Hand 533,000 500,000 33,000 10,000 23,000 Other In -Hand 1 Other In -Hand 2 Grants Proposed Other Proposed Undetermined 1 TOTAL SOURCES 1 59217,0001 6,125,1781 25,1781 850,0001 5,217,000 1 5,250,000 1 1 10,000 217,000 240,0001 2,400,0001 2,600,000 2,400 000 2,600 000 [i 0-AveN 07/23/2008 3:36 PM 5 - 10 FINAL CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE FISCAL YEAR 2009 ANNUAL BUDGET BY ADDING THE CITY ATTORNEY'S OFFICE POSITIONS TO THE 2009 BUDGET INDEX OF POSITIONS. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The following positions are hereby added to the 2009 Budget index of positions: City Attorney; Senior Assistant City Attorney (2 positions); Assistant City Attorney; Chief Prosecuting Attorney; Prosecuting Attorney (2 positions); Paralegal; Legal Assistant (3 positions); and Administrative Assistant. SECTION II. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of , 2009. Bonnie I. Walton, City Clerk ORDINANCE NO. IZ-14 APPROVED BY THE MAYOR this day`of 52009. Approved to as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. 1527:12/30/08:scr 2 Denis Law, Mayor