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HomeMy WebLinkAboutCouncil 04/06/2009AGENDA RENTON CITY COUNCIL REGULAR MEETING April 6, 2009 Monday, 7 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PROCLAMATION: Volunteer Month - April 2009 4. SPECIAL PRESENTATION: Police Department Employee Recognition 5. PUBLIC HEARING: Earlington Annexation - 60% Petition to Annex and proposed zoning for approximately 100 acres located generally east of 80th Ave. S., north of S. 134th St. 6. ADMINISTRATIVE REPORT 7. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to the podium and state your name and city of residence for the record, SPELLING YOUR LAST NAME. 8. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of 3/23/2009. Council concur. b. Mayor Law appoints Kathleen Booher to the Advisory Commission on Diversity for an unexpired term expiring 12/31/2009 (position previously held by Jennifer Knickerbocker). Refer to Community Services Committee. c. City Clerk submits request for release of easement by Kristine Maristela, Certified Land Services Corporation, for approximately 1,347 square feet of property located in the area of 536 - 606 Mill Ave. S. Refer to Utilities Committee. d. City Clerk reports appeal of Hearing Examiner's decision regarding the Ram Short Plat Variance (V-08-123); appeal filed by Kushal Varma and Kajal Ram, accompanied by required fee. Refer to Planning and Development Committee. Consideration of the appeal by the City Council shall be based solely upon the record, the Hearing Examiner's report, the notice of appeal, and additional submissions by parties (RMC 4-8-110F.6.). e. Community and Economic Development Department recommends approval of the multi -family housing property tax exemption agreement for the Liberty Square Apartments project. Refer to Planning and Development Committee. f. Community Services Department recommends approval of Amendment Two to LAG-04-003, King County Park & Ride Garage agreement, to extend the termination date to 12/31/2009 at existing rates and conditions. Refer to Finance Committee. g. Finance and Information Services Department requests approval of the carry forward ordinance in the amount of $37,203,924, which increases the 2009 Budget by carrying forward funds from 2008 for projects that were not completed in 2008. Refer to Finance Committee. (CONTINUED ON REVERSE SIDE) h. Transportation Systems Division recommends approval of a contract in the amount of $72,464 with WHPacific for the Stage II Lake Washington Trail South Lake Connector project. Council concur. 9. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topic may be held by the Chair if further review is necessary. a. Community Services Department: Ingersoll Appointment to Airport Advisory Committee b. Finance Committee: Vouchers; Community Services Department Fee Waivers; Public Works Department Position Reclassification c. Utilities Committee: Earlington Sanitary Sewer Interceptor Special Assessment District* 10. RESOLUTIONS AND ORDINANCES Ordinance for first reading: Establishing the Earlington Sanitary Sewer Interceptor Special Assessment District (See 9.c.) Ordinance for second and final readin . Amending and extending the Comcast Cable TV franchise through 9/13/2013. (1st reading 3/23/2009) 11. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 12. AUDIENCE COMMENT 13. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) 7TH FLOOR CONFERENCING CENTER April 6, 2009 Monday, 6:00 p.m. Legislative Update; Regional Issues Update • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE- CABLECAST TUES. & THURS. AT 11 AM & 9 PM, WED. & FRI. AT 9 AM & 7 PM AND SAT. & SUN. AT 1 PM & 9 PM .Denis Law ,Mayor. in the ,City of Renton:, and I encourage all members of the community to commit a portion of their time to volunteer service. By volunteering and -by recognizing those who seine, we can.perpetuate.. .the spirit and"vitality of this great city.. In witness whereof; I Have hereunto; set my hand and`caused the seal -of -the City of Renton to be Y ANNEXATION & ZONING PUBLIC HEARING COUNCIL CONSIDERATION OF 60% DIRECT PETITION TO ANNEX April 6, 2009 The City is in receipt of a 60% Direct Petition from property owners in the proposed Earlington Annexation area. Under RCW 35A.14.120, direct petitions to annex are required to have signatures representing at least 60% of the area's assessed value. The King County Department of Assessments certified the signatures on the petition on February 2, 2009. The 100.8-acre potential annexation area is located in the City's Potential Annexation Area near the northeastern portion of the City limits. It is bounded by the existing City limits to the south, east, and portions of the north. South 130th Street and South 132" d Street also run to the north and 80th Avenue South and South Langston Road are to the west. The area is currently designated with the King County Comprehensive Plan designation of Urban Residential Medium 4 — 12 dwelling units per acre. The existing King County zoning in the area is R-6, R-10, and R-12 which allows six, ten, and twelve dwelling units per gross acre. The City of Renton Comprehensive Plan designation for the area is Residential Single Family (RSF) and Residential Medium Density (RMD). The City of Renton is proposing to supplant the County R-6 zoning with Renton R-8 zoning, the County R-8 zoning with Renton R-10 zoning, and the County R-12 zoning with Renton R-14 zoning. All of the Renton zoning designations correspond to the Renton Comprehensive Plan designations in the area. The Renton zoning would become upon annexation. Council is holding this Public Hearing in order to give affected parties the opportunity to comment about the proposed annexation, as well as about the proposed zoning. Also at this meeting, Council will decide whether it wishes to accept the 60% Direct Petition to annex and whether or not it will authorize the Administration to forward a Notice of Intent to Annex package to the Boundary Review Board for King County to begin their mandatory 45-day review. 'Noeirtri*n't of Goriirriunity A, EconoMic'Development Alex P ietschiAdmini strator Adriana Jofin$on; Planning Te66idah Produced by City of'Renton (cj2008, the City 6f Penton 4!1 rights resented . NOvvalrantie,t Ofanysart, including butPot ' linifted td:acctjtady, Iltntst or merchantability, accompany this pmouct. 4th P./' Earl ington Annexation Ldgend j_Xar.jingtqrj Boundary (7j''City Limits PAA , Boundary File Name: AEONSMUS projecfstann6ationsl Vicinity Map .July 25, 2008 N '0 250 500 mmmmmmc====,F:eet . V6,101010 61 Submitting Data: Dept/Div/Board. Staff Contact...... Subject: CITY OF RENTON COUNCIL AGENDA BILL AI #: A AJS/Mayor's Office Denis Law, Mayor Advisory Commission on Diversity Appointment Kathleen Booher Exhibits: Community Service Application Recommended Action: Refer to Community Services Committee For Agenda of: April 6, 2009 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance............ Resolution............ Old Business........ New Business...... Study Sessions..... Information......... Approvals: Legal Dept......... Finance Dept...... Other ............... r iscal impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Mayor Law appoints the following to the Advisory Commission on Diversity: Ms. Kathleen Booher, 426 Burnett Avenue North, 41, Renton, WA 98057, for an unexpired term expiring on December 31, 2009 (position previously held by Jennifer Knickerbocker). STAFF RECOMMENDATION: Confirm Mayor Law's appointment of Ms. Kathleen Booher to the Advisory Commission on Diversity. 1/ N00-1.2-2002 14:14 FROM: THE BOEINC COMPANY 2066553952 TO:4254306603 P.1/4 AIT-1' JEkV�Y 5� 43- ter-oo3 RECEIVED CITY OF RENTON APPLICATION FOR COMMUNITY SERVICE N!j 3 If you are interested in participating in local government by membership on any of the following Cil b6datr'd"s ' OFFICE �" commissions, or committees, please complete this application and return it to: Office of the Mayor City of Renton 1055 South Grady Way Renton, WA 98057 Check the boards/commissitites/committee, In which you are lnteravred. ❑ AIRPORT ADVISORY COMM.11" I'I 11- ❑ CIVIL SERVICE COMMISSION" El HOUSING AUTHORITY" ❑ HUMAN SERVICES ADVISORY COMMI"I'M * ❑ LIBRARY BOARD- ❑ MUNICIPAL ARTS COMMISSION- 0 PARKS COMMISSION'S ❑ PLANNING COMMISSION'S ,a ADVISORY COMMISSION ON DIVERSITY- ❑ SENIOR CITIZENS AO'VISORY COMMI-1'.CLL" ❑ SISTER CITY COMMITTEE - CUAUTLA ❑ SISTER CITY COMMITTEE - NISHIWAKI ❑ NON-M(Y1'ORIZEI) TRANSPORTATION ADV C:MTE o Special membership requirements upply. Vk t www.rentonwa.gov or call 425-430-6500 for details. Your application will he given every consideration{ as vacancies occur. MR_ ❑ MS. ❑ NAME_-(�cMLIZ� l• BWq",E�f— PHONE: DAY 1ZQUTT AVE W . Ate- . - 13z.t 311- 4030 NIGHT SPtm c- RENTON RLSIDENT? Y� CITY OF FORMER RESIDENCE vVlr-4i l "fist IF SO, SINCE WHEN? DATE l l l Z 22008 j ZIPCOOK 9 bO5'7 hMAIL k►,WherGiYiGfi� t .Com v- 1 DUCkfIONAL BACKGROUNDi MlN15T T1t7i.1 "'ON.2001 \ W rtbTl+ m ttS OF 5ASjWer,,5 IN►sTA%10� `/1/2We5 OCCUPATION F-W Kiki-w, F..�JM,,PL OYFR � SI N(A �lyY � � , OCCUPATIONAL BACKGROUND SEA �UKe- " fbMU LW I`b WC-6 , PCO�'`W5MI I t tie F051110t)5. Y20% COMMUNITY ACTIVITIES(org®iw(iun2i/cluWsccvieckwoups,etc.) %,T rb NZn Mee FUME roF- MY - -ODS Cotn.r�turJ►-rY tl�vo>�vt.�,T: REASON FOR APPLYING FOR THUS BOARD/COMMISSION/COMMITTEE I�`�lOi�I FOKJ ►�i, Man KTIL KAU- - CAN A"I I'END DAY MEETINGS? 0XA%1()N A--I--Y CAN ATTEND NIGHT MEETINGS? `'ES I - Applications will be kept on file for one year. If yun have questions about serving on a board. commission, or committee, please feel free to contact the Mayor's Office at 4254311 ."Q. twos NOV-12-2003 14:14 FROM:THE BOEING COMPANY 2066553952 TO:4254306603 P.2/4 Kathleen M. Booher 426 Burnett Ave N, Apt, Renton, WA 98055-1406 316-371-4030 kboohcr@gmaii.com Profile Degreed professional with 12 years of progressive business experience interested in further uti.lizi.ng my education and increasing the value of my contributions to my community. i am a service leader with the passion to make a difference. Education Wichita State University, W. Frank Barton School of Business, Wichita, Kansas Certificate of Achievement in Management December 2000 Bachelors in Business Administration and Minor in Management, Graduated May 2001 Masters in Business Administration. Fall 2008 Work History Secret Security Clearance Issued August 2006 January 2008 Present — Estimator and Contract Support, PS IDS, Airborne Laser (ABL) Provide support in the development of simple to moderate basis of estimates (BOE) and proposals. I evaluate our partners' and suppliers' technical and proposal requirements, pricing instructions, and BOEs. i am responsible for the integrity of internal controls and ensuring compliance with the Federal Acquisition Regulations (FAR) and Truth in Negotiations Act (TINA). I have received training on the Common Pricing System (CPS) and Common Contract,% System (CCS). My additional roles include IDS Diversity Council member and leader of the ABL Diversity team. As with any position on the ABL Program, I support initiatives, ensure compliance with company procedures, act with discretion and maintain confidentiality. June 2005 to January 2008— Administrative Assistant, PS IDS, ABL Provide administrative support to the Airborne Laser Program (ABL) program leadership, employees, peers, partners and customers in a variety of capacities. As the travel subject matter Expert (SME), improved the program process for travel and continuously worked with our people to ensure timely and accurate documents. Additional roles included IDS Diversity Council member, ABL Diversity Team Leader, Puget Sound Administrative Support Process Improvement (ASPIN) Team Member, backup staff analyst and VTC operator. Support initiatives, ensure compliance with company procedures, act with discretion and maintain confidentiality. January 1997 to June 2005 Define Office Administrator, BCAG The Boeing Company, 3801 S. Oliver, Wichita, Kansas, b7210. Supported the BCA Engineering Business Administration office, 747, Product Definition ( Integration, and 787 programs. Primary responsibilities included supporting the organization, NOV-12-2000 14:14 FRON:THE BOEINC COMPANY 2066553952 TO:4254306603 P.3-4 management, customers and peers. Promoted and facilitated the division training plan. Promoted, supported and participated in company initiatives such as Globalization, Change Management, Lean, and 24 Hour Clock. Participated in Boeing Production Systems (BPS) training and Lean Academy. Maintenance and presentation of organization health charts. Led and facilitated the team responsible for revitalizing the Giving Programs and ECF in 2000-2002, Co -leader of the Define Office Professionals Team 2000-2002. Led and facilitated the development and implementation of our Office Professionals websitc. Maintained the Tool Engineering website. Recognition, training and volunteer programs focal. Responsible for conducting employeetraining campus wide. Ensured emergency evacuation plans were accurate, communicated, visible, and followed. Coordinated all facility requirements and responsible for dissemination of information. August 1996 to January 1997 - Contract Assititant/Receptionist. Westaff (The Boeing Company Human Resources Department), IS 1 N. Main, Wichita, Kansas, 67202, 316-263-2291. Responsibilities involved utilizing diversified assistant and support skills with the flexibly to adapt and perform responsibly in various fast paced office environments. "Input andretrieved various HR data, coordinated college student visits, relocation, and assisted in the hiring process at various stages. Studied the company's human resources policies and procedures to ensure compliance. Supported The Boeing Company's Human Resource department for three months prior to being hired direct, Skills My studies. in Leading with. Emotional Intelligence, Organizational Behavior, Management, Lean Six Sigma, Human Resources, Operations, Communication, Economics, Business Law and Finance compliment my work experience and enable me to analyze and adapt to my work environment, manage projects, collaborate with teams, facilitate meetings, and practice time rmnagcment/ptioritization while maintaining customer focus and work standards. My studies at Boeing include Team Leadership, Facilitation, Emotional Intelligence, The Seven Principles for Greater Effectiveness, KMA Diversity, Diversity Change Agent, Mirco-inequities, and a Lean Certification (Wichita BCA). My education and experience have taught me the importance of building positive relationships thraugh listening, communication, trust, coaching, and mentoring. I'm able to work independently and in a team environment. I have strong planning and organizational skills strongly influenced by quality and safety. I am able to utilize available technology to review, modify, create, and distribute timely and accurate documents. Responsive to customer requests while exercising time management, prioritization, negotiation and emotional intelligence while multi -tasking. My interpersonal communication skills enable me to build and maintain positive working relationships with leadership, customers, and peers. 1 have the flexibility to adapt to a changing and dynamic environment, continuously evaluating the critical factors and priorities. 1 am fluent with much of our information te,-chnology. I'm. proficient with the Microsoft Office tool suite, EBC, Trips, Administrative Applications, PhotoDraw, SSPN, Visio, and WcbEx. I'm familiar with Microsoft Access. i have. excellent organizational skills, telephone etiquette and customer seMce. I am comfortable with. public speaking and learning new processes, systems and tools. I'm a problem solver, people person, hardworking and eager to learn. I understand the importance of collaboration, -Confidence in decision making and focusing on the customer. I NOV-9.2-2002 14:15 FROM:THE BOEING COMPANY 2066553952 T0:4254306603 P.4/4 Interests & Community Involvement I currently voluntecr at the King County Humane Society and PONCHO. I attend the North Renton Neighborhood Association meetings. I was previously a victim's advocate at the Wichita Area Sexual Assault center, handling the crisis line and meeting victim's at the hospital fbr evidence collection. I also served on the board of CAST and Friends of Turpentine Creek Wichita Chapter. I believe in diversity and inclusion. I understand the value and richness of difference and try to create an environment of respect and inclusion at work and in my community, building trust in all. my relationships. I live an active life while pursuing further education. I also enjoy photography, music, arts and crafts, CITY OF RENTON COUNCIL AGENDA BILL r e submitting Data: Dept/Div/Board.. AJLS/City Clerk Staff Contact...... Bonnie Walton, x6502 Application for Release of Utilities Easement by Kristine Maristela, Certified Land Services Corporation, for approximately 1,347.7 sq. ft. located in the area of 536 - 606 Mill Ave. S. (File RE-09-001) .1bits: ■ Application, including legal description & map ■ Utilities Easement 9203030201 or Agenda of: Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution........... . Old Business........ New Business....... 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.. cc ACTION: X On March 18, 2009, Kristine Maristela, 4535 44th Ave. SW, Seattle, WA 98116, filed an application for release of utilities easement for approximately 1347 sq. ft. of Tract 16, Renton Co- operative Coal Company's Acre Tracts, located in the area of 536 — 606 Mill Avenue S. (Chalet Apartments). The easement was granted by the City in 1992 and was recorded under King County Recording No. 9203030201. An application filing fee of $250 has been paid. Also the applicant has prepaid the $250 processing fee and $500 for compensation for the anticipated release. The technical services section of the Utility Systems Division has since reviewed the Application for Release of Easement, and determined that the release of easement petition is valid and the legal description is accurate. Determine whether the release of easement proposal should be granted, the classification of the easement, whether there are conditions of the approval, and whether an appraisal is necessary to determine the amount of compensation to be paid, if any, and If so approved, adoption of an ordinance to finalize the release if all determinations have been made and all conditions have been met within 90 days of Council approval. Sonja Fesser & Karen McFarland, Utility Systems 19 APPLICATION FOR RELEASE OF EASEMENT IN THE CITY OF RENTON To the Honorable Mayor and Members of the City Council City of Renton 1055 S. Grady Way Renton, WA 98055 Dear Mayor and Council Members: FIL No. RF-09-00/ CITY OF MNTON MAR 16 2009 r RECENED CITY CLERK'S OFFICE Date: /� Ra�,G� , 2009 Circulated by: Kristine Maristela CERTIFIED Land Services Corporation Address: 4535 - 44`h Ave SW Seattle, WA 98116 Telephone: 206.287.9858 The undersigned owner/s of the property abutting a certain portion of public easement, as acquired from ARTHUR C. DAVIS, dated January 31, 1992 and recorded under King County Recording Number 9203030201, respectfully request/s the release of said easement. That portion of the easement area to be released being more particularly described on the attached "Exhibit A". The undersigned consent/s to such proposed easement release and warrant/s that the granting thereof will not adversely affect the vested rights as an abutting owner. signature STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION By: Stacy Trussler, PE 1405 Deputy Project Director For Construction 425.456.8563 print name phone 600- 1081h Ave NE, Suite 405, Bellevue, WA 98004 address Tax parcel ID: 722140-0270-03 property identification number 606 Mill Ave S, Renton, WA 98055 property address 1-19662 WSDOT parcel number Instructions: 1. Attach complete legal description (i.e. metes and bounds, etc.) 2. a) Sign name. (Signatures of owners of 2/3 of lineal frontage must sign. Spouses do not need to sign. Owners in common must sign. Contract sellers must sign.) b) Print name and phone number. c) List Property address and King County tax parcel identification number. 3. Attach a map to the petition designating the vacation boundaries. 4. Submit $250.00 filing fee with application. SUBMIT PETITION TO THE CITY CLERK, SEVENTH FLOOR, RENTON CITY HALL. If and when the City Council approves the vacation at a public hearing, payment of a post -hearing processing fee of $250.00 will be required. EXHIBIT A Parcel A: For complete release of easement area (This description refers to portion of WSDOT's acquisition area within City of Renton's easement area) Beginning at a point on the Southwest corner of Section 17 Township 23 Range 5E; thence North 68°32' 17.44" East a distance of 1073.03' to the True Point of Beginning of Parcel A; thence North 88°24' 1.34" West a distance of 21.47'; thence North 3°58'59.95" East a distance of 20.53'; thence South 88°24' 1.34" East a distance of 7.64'; thence South 1°30'46.34" West a distance of 4.80'; thence South 51°58'5.59" East a distance of 15.75'; thence South 1°5'22.14" East a distance of 6.36' to the True Point of Beginning of Parcel A. The area for Parcel A is equal to 306.3 square feet. Parcel B: For partial release of specific easement ri,-hts. (This description refers to portion of WSDOT's subterranean tieback easement area within City of Renton's easement area) Beginning at a point on the Southwest corner of Section 17 Township 23 Range 5E; thence North 68°32' 17.44" East a distance of 1073.03' to the True Point of Beginning of Parcel B; thence South 88°24' 1.34" East a distance of 45.43'; thence North 2°40'47.29" West a distance of 20.57'; thence North 88°24' 1.34" West a distance of 56.87'; thence South 1 °30'46.34" West a distance of 4.80'; thence South 51°58'5.59" East a distance of 15.75'; thence South 1°5'22.14" East a distance of 6.36' to the True Point of Beginning of Parcel B. The area for Parcel B is equal to 1041.4 square feet. 1Pcrt Wn ot �iSPOT P,,'Cqulsltlon wlthln—,' 'C'Pty �l RgntGq e os,?,OmO nt) q Wsoov ACCUISITION ARE f \ \\ } ; \ \ •Subterrorleun EQ"_Dfl WHEN RECORDED RETURN TO: Office of the City Clerk Renton Municipal Building Utilities 200 Mill Avenue South EASEMENT Renton, WA 98055 Project File # Parcel Tax Account Ws Grantor(s) Name RTSQ THIS INSTRUMENT, made this --3% day of-.4NUAZY 19 `z- ; by and between Arthur C. Davis and [pleasc print or type Grantor(s) Natncs(s)] and ; and , hereinafter called "Grantor(s)," and the CITY OF RENTON, a Municipal Corporation of King County, Washington, hereinafter called "Grantee." That said Grantor(s), for and in consideration of the sum of $500.00 (Five Hundred) paid by Grantee, and other valuable consideration, receipt of which is hereby acknowledged, do by these presents, grant, bargain, sell, convey, and warrants unto the said Grantee, its successors and assigns, an easement for public utilities (including water and sewer) with necessary appurtenances over, under, through, across and upon the following described property (the right-of-way) in King County, Washington, more particularly described as follows: An easement for the purpose of a storm sewer pipe situated in a portion of Tract 16 Renton Co-operative coal Company Acre Tracts Plat as recorded in Volume 9 of Plats page 27, Records of King County, Washington, said easement being more particularly described as follows: COMMENCING at the Southwest corner of the 536 Mill Avenue South Condominium plat as recorded in Volume 62 pages 17 thru 18, records of King County, Washington, said corner situated at CD the intersection of the easterly right-of-way margin of Mill Avenue CSouth and the northerly right-of-way margin of South 6th Street; CCU thence southerly along the southerly extension of said easterly 0 right-of-way margin of Mill Avenue South to an intersection with N the north line of said Tract 16 and the POINT OF BEGINNING of Q) said easement; thence North 89' 15' East (plat) 40.00 feet along said north line of Tract 16, thence South 620 41' 33" West 44.72 feet; thence South 890 15' West along a line parallel with said North line of Tract 16 to a point of intersection with the easterly right-of-way margin of State Route 405; thence northerly along said easterly right-of-way margin of State Route 405 to an intersection with the south right-of-way, margin of South 6th Street; thence North 84' 15' East along said north line of Tract 16 to the POINT OF BEGINNING. As situated in a portion of the Southwest quarter of the Southwest quarter of Section 17, Township 23 North, Range 5 East, W.M., King County, Washington. Utilities Easement APPROVED LEGAL ��S}}heet 1 of 22 / `� X l) [NMAL INMAL 92-031/JDH/bh / 00 6 C7 ru 6 W Q ua 0 ru O O O M O M O CV Q? For the purpose of constructing, reconstructing, installing, repairing, replacing, enlarging, operating and maintaining utilities and utility pipelines, including, but not limited to, water, sewer and storm drainage lines, together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefore. Following the initial construction of its facilities, Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: 1. The Grantee shall, upon completion of any work within the property covered by the easement, restore the surface of the easement, and any private improvements disturbed or destroyed during execution of the work, as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. 2. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. Grantor shall not, however, have the right to: a. Erect or maintain any buildings or structures within the easement; or b. Plant trees, shrubs or vegetation having deep root patterns which may cause damage to or interfere with the utilities to be placed within the easement by the Grantee; or c. Develop, landscape, or beautify the easement area in any way which would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein. d. No digging, tunneling, or other form of construction activities shall be done on the property which would disturb the compaction or unearth Grantee's facilities on the right-of-way, or endanger the lateral support facilities. e. No blasting shall be done within fifteen (15) feet of the right-of-way. This easement shall run with the land described herein, and shall be binding upon the parties, their heirs, successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. and and INDIVIDUAL FORM OF ACKNOWLEDGEMENT STATF, OF WA.SHINGTON ) SS COUNTY OF KING ) , i I certify that I know or have satisfactory evidence that _ and _ signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Dated 141114M., k T NOTARY �, �(�% Public in and for the Staat� Y .". * �"' O W �shington residing at ' PUBLIC - �i �"'0 ? �Vi pointment expires: /Z6 Z �ffIFO 1�1jt���� WAS`�``,`�\=��Jtilities Easement Sheet 2 of 2 Individual Form (:forms/propmgmt/esmt/UE®I-I /Ma191 /bh c CITY OF RENTON COUNCIL AGENDA BILL April 6, 2009 Dept/Div/Board: AJLS/City Clerk Staff Contact: Bonnie I. Walton Agenda Status Consent ................ iubject: Public Hearing........ Correspondence...... . Appeal of Hearing Examiner's decision dated February 24, 2009, Ordinance ............. regarding Ram Short Plat Variance. Resolution ............. (File No. LUA-08-123, V-A) Old Business.......... exhibits: New Business......... • City Clerk's letter (3/18/2009) Study Sessions........ • Appeal by Kushal Varma & Kajal Ram (3/10/2009) Information............ • Hearing Examiners' Decision (2/24/2009) Recommended Action: Approvals: Refer to Planning and Development Committee Legal Dept........... Finance Dept........ Other .................. Iscal impact: Expenditure Required... Amount Budgeted........ Total Proiect Budget .... Transfer/Amendment....... . Revenue Generated......... City Share Total Project... X SUMMARY OF ACTION: Appeal of the Hearing Examiner's decision on the Ram Short Plat Variance, located at 3629 NE 6`h St and filed on March 10, 2009, by Kushal Varma & Kajal Ram, accompanied by the required $75 fee. STAFF RECOMMENDATION: Council to take action on the Ram Short Plat Variance appeal. cc: Jennifer Henning Rentonnet/agnbill/ bh ti�Y o� CITY OF RENTON City Clerk Denis Law, Mayor Bonnie I. Walton . NTH March 18, 2009 APPEAL FILED BY: Kushal Varma & Kaja1 Ram RE: Appeal of Hearing Examiners decision dated February"24, 2009, regarding Ram Short Plat Variance; 3629 NE .6.'h Street.. (File No. LUA-08-123). To Parties of Record: Pursuant to Title. IV, Chapter 8,,Renton City Code of Ordinances, written appeal of the hearing examiner's decision on the Ram Short Plat Variance .has been filed with the" City Clerk. Imaccordance with Renton Municipal Code Section 4-8-11OF, within five.days of receipt of the notice of appeal,. or after all appeal .periods with the Hearing Examiner have expired, the.City Cleric shall notify all parties. of record of the receipt of the appeal. Other parties of record may submit letters. limited to support of their, positions regarding the appeal within ten (10) days of the date of mailing of this notification. The deadline for submission of.additional letters is by 5:00 p.m., Monday, March 3.0, 2009. NOTICE IS HEREBY GIVEN that the written appeal and other pertinent documents will be reviewed by the Council's-Planning acid Development Committee at 300 p.m, on Thursday; April 23, 2009, in the Council Chambers, 7t'' Floor of Renton_City Hall, 10.55 South Grady Way, Renton, Washington 98057. The recommendation of the Committee will be presented for consideration by.the full Council at a subsequent Council meeting. Copy of the appeal and the Renton Municipal Code section regarding appeal of Hearing Examiner decisions or recomn-iendations is attached: Please note.that the .City Council will be considering the merits of the appeal based upon the written record previously established Unless a showing can be made that additional evidence could.notreasonably have been available at the prior hearing held by the Hearing Examiner, no further evidence.or testimony on this matter -will be accepted by the City Council. For additional information or assistance, please call.me at 425-430-6510. Sincerely, Bonnie I. Walton City Clerk Attachments . 1055 South Grady Way - Renton, Washington 98057 - (425) 430-6510 / FAx 425 430-6516 , KE l�l T ON V ( 'AHEAD OF TJHE CURVE This paper contains 50% recycled rhaterial, 30 % post consumer CITY OF RENTON APPEAL TO RENTON CITY COUNCIL OF HEARING EXAMINER'S DECISION/RECOMMENDATION MAR 10 2009 z� 1 / RECEDED APPLICATION NAME c ��+��--y a4 ' _FILE NO. � AL The undersigned interested party hereby files its Notice of Appeal from the decision or recommendation of the Land Use Hearing Examiner, dated �- t 0 120 011. IDENTIFICATION OF PARTY APPELLANT: S REPRESENTATIVE (IF ANY): Name: VWsA, �-krN, - Name: 1 e"— Address: �-�.- Address: 1- q r- S I� t Crt Phone Number: Email: Phone Number: '� 'I--5� i -%c> G �0 Email: 2. SPECIFICATION OF ERRORS (Attach additional sheets, if necessary) Set forth below are the specific errors or law or fact upon which this appeal is based: FindinjZ of Fact: (Please designate number as denoted in the Examiner's Report) No. � Error: �' A ° �' .- ..,� c N.� Zec•t% ; Correction: Conclusions: No. J -t" Error: Correction: Other: No. Error: Correction: 3. SUMMARY OF ACTION REQUESTED The City Council is requested to grant the following relief: (Attach explanation, if desired) Reverse the decision or recommendation and grant the following relief: Modify the decision or recommendation as follows: Remand to the Examiner for further consideration as follows: Other: '„_~--cam Appellant/Representative Signature Type/Printed Name Date NOTE: Please refer to Title IV, Chapter 8, of the Renton Municipal Code, and Section 4-8-110F, for specific appeal procedures. C(ft', [.at-,j U)evk-e_,, '7?e�1 Wa4F5� �en��;�,- Henr�;•,�, Clip Vihce�� ►td Kau,�vnayt City of Renton Municipal Code; Title IV, Chapter 8, Section 110 — Appeals 4-8-1 1 OC4 The notice of appeal shall be accompanied by a fee in accordance with RMC 4-1-170, the fee schedule of the City. (Ord. 3658, 9-13-82) 4-8-110F: Appeals to City Council — Procedures 1. Time for Appeal: Unless a specific section or State law providing for review of decision of the Examiner requires review thereof by the Superior Court or any other body, any interested party aggrieved by the Examiner's written decision or recommendation may submit a notice of appeal to the City Council, upon a form furnished by the City Clerk, within fourteen (14) calendar days from the date of the Examiner's written report. 2. Notice to Parties of Record: Within five (5) days of receipt of the notice of appeal, the City Clerk shall notify all parties of record of the receipt of the appeal. 3. Opportunity to Provide Comments: Other parties of record may submit letters in support of their positions within ten (10) days of the dates of mailing of the notification of the filing of the notice of appeal. 4. Transmittal of Record to Council: Thereupon the Clerk shall forward to the members of the City Council all of the pertinent documents, including the written decision or recommendation, findings and conclusions contained in the Examiner's report, the notice of appeal, and additional letters submitted by the parties. (Ord. 3658, 9-13-1982) 5. Council Review Procedures: No public hearing shall be held by the City Council. No new or additional evidence or testimony shall be accepted by the City Council unless a showing is made by the party offering the evidence that the evidence could not reasonably have been available at the time of the hearing before the Examiner. If the Council determines that additional evidence is required, the Council shall remand the matter to the Examiner for reconsideration and receipt of additional evidence. The cost of transcription of the hearing record shall be borne by the applicant. In the absence of an entry upon the record of an order by the City Council authorizing new or additional evidence or testimony, and a remand to the Hearing Examiner for receipt of such evidence or testimony, it shall be presumed that no new or additional evidence or testimony has been accepted by the City Council, and that the record before the City Council is identical to the hearing record before the Hearing Examiner. (Ord. 4389, 1-25-1993) 6. Council Evaluation Criteria: The consideration by the City Council shall be based solely upon the record, the Hearing Examiner's report, the notice of appeal and additional submissions by parties. 7. Findings and Conclusions Required: If, upon appeal of a decision of the Hearing Examiner on an application submitted pursuant to RMC 4-1-050F1, and after examination of the record, the Council determines that a substantial error in fact or law exists in the record, it may remand the proceeding to Examiner for reconsideration, or modify, or reverse the decision of the Examiner accordingly. 8. Council Action: If, upon appeal from a recommendation of the Hearing Examiner upon an application submtted pursuant to RMC 4-1-05OF2 and F3, and after examination of the record, the Council determines that a substantial error in fact or law exists in the record, or that a recommendation of the Hearing Examiner should be disregarded or modified, the City Council may remand the proceeding to the Examiner for reconsideration, or enter its own decision upon the application. 9. Decision Documentation: In any event, the decision of the City Council shall be in writing and shall specify any modified or amended findings and conclusions other than those set forth in the report of the Hearing Examiner. Each material finding shall be supported by substantial evidence in the record. The burden of proof shall rest with the appellant. (Ord 3658, 9-13-1982) 10. Council Action Final: The action of the Council approving, modifying or rejecting a decision of the Examiner shall be final and conclusive, unless appealed within the time frames established under subsection G5 of this Section. (Ord. 4660, 3-17-1997) CITY OF RENTON MAR 10 2009 �` fft December 24, 2008 RECEIPED CITY CLERK'S OFFICE To Whom It May Concern: The purpose of this letter is to appeal the decision of the planning department for the denial of the variances that was proposed in order to maintain the house on lot 3 and the landscaping variance. It has become necessary for us to keep the house to cope with the changes taking place in the real estate market. We have looked at other options as well including the possibility of moving the house and removing a portion of the house to meet the set back requirement. Both of these options are Apo costly and would place a huge financial burden, and also it will be a huge disruption to the day to day lives of my family since the house is our current residence. Removing the house will make this project unprofitable since the project development cost will remain almost the same but the revenue will be significantly decreased. As both options currently stand, it will be more beneficial for us to discontinue this project in its entirety due to the lack of revenue. We feel that the following revision to the site plan will help elevate some of our financial burden and help us to go forward with the project. 1. Keep house on lot 3 House currently meets setback requirements but after the dedication as required by the City of 20 feet off Queen Ave NE the house will no longer meet this requirement. However, if the house is ever demolished then any new house built will be subject to the setback requirements in place at that time and we would be willing to comply with the city codes for building setback. Another critical issue that our project will address for the City is the public safety hazard that exists due to the lack of walkway on Queen Ave NE & 60' St. The completion of our project will lead to a walkway for the pedestrians in the area which includes the kids being dropped off after school at the cross junction of 6t' St and Queen Ave NE. Currently our property is not fenced and we have pedestrians using it to limit the risk of walking on the narrow Queen Ave NE road. We have had several residents explain that their use of our property is mandated because a walkway does not exist on NE 6`h or Queen Ave NE. The current traffic is a concern for my family because we have unknown individuals on our property at any given time. We have restrained from placing a fence because of the kids who will be affected by this action. We have inquired with the City regarding any plans to eliminate this safety hazard and we were notified that there currently are no plans in the works due to lack of funding. Please let us know if you have any questions regarding the proposed changes. We would welcome any City official to our site to visually explain our proposal and demonstrate the public safety hazard identified. We would like to work with the City to ensure a solution is reached for the best interest of our neighbors, the City and us. Sincerely, Kushal Varma & Kajal Ram February 24, 2009 OFFICE OF THE HEARING EXAMINER CITY OF RENTON REPORT AND RECOMMENDATION APPELLANT: Kushal Varma & Kajal Ram 2609 NE 5"' Court Renton, WA 98056 Ram Short Plat Variance Appeal LUA-08-123, V-A, V-A After reviewing the Appellant's written requests for a hearing and examining available information on file, the Examiner conducted a public hearing on the subject as follows: The following minutes are a summary of the February 10, 2009 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, February 10, 2009, at 10:42 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: .exhibit No. 1: Hearing Examiner's file containing the original appeal letter and notification of this hearing. Exhibit No. 2: Staff s yellow file Exhibit No. A: Vicinity Map Exhibit No. B: House Short Plat Plan with Retention of Exhibit No. 3: Series of Photographs of property Exhibit No. C: Short Plat Plan with House showing Fireplace Exhibit No. D: Relation to Site Photograph showing Fireplace in Exhibit No. E: Aerial photo of Site Exhibit No. F: Photograph of NE 6t Street looking West to East Parties Present: Rocale Timmons, Assistant Planner ,nn Nielsen, Assistant City Attorney Walgreen's Sign Appeal LUA-08-136, V-A February 24, 2009 Page 2 Kushal Varma, Owner (Appellant) Tom Touma, Engineer The Examiner stated that there are two variances; front yard landscaping and front yard setback. The short plat was approved subject to removal of a house that violated setback standards and would not be able to comply with the landscape standards along the frontage of the property. Kushal Varma stated that the existing house is his current residence. Removing the house would create a hardship on his family. The way the house is currently sitting, it does meet the 20-foot setback, but with the improvement on the Queen Avenue side, they would no longer be in compliance. The staff suggested that the house could be moved to meet the requirements but that would create a bigger financial burden and it is not feasible for them to move the house or his family. Ms. Timmons stated that the house does meet the north side yard setback and the required setback on Queen is 15-feet for the primary structure. Mr. Varma further stated that there is no garage in the front -facing Queen, the parking is located at the rear of the house. On completion of this particular project all the neighbors will be served with sidewalk and a wider road, which will allow pedestrian traffic more room. NE 6'h and Queen do not currently have sidewalks. There are school busses that drop off children on NE 60' and there currently is no place for the children to walk, they use his driveway as a sidewalk. He showed a set of five photos with the roadway, school busses and children walking. Upon questioning by Ms. Nielsen, Mr. Varna stated that the short plat was originally approved subject to the removal of the house in question today. They have changed some of the windows and painted the house. This was done with full knowledge that the house might have to be removed. The hardship would be financial as well as having to move his family from the house. In the appeal letter, Mr. Varma stated that removing the house would make the project unprofitable, the development costs would remain the same but the revenue would be significantly decreased. He is trying to not lose more money on this development. Mr. Touma stated that they would like to keep the house until such time when the economy is in a better place, based on economics, this move would greatly impact the family. The house is.50 years old and would need to be removed or refurbished. The Examiner stated that the premise for the application initially was that this house would be removed. It was a condition that the applicant came in with in order to get the short plat processed and approved. Ms. Nielsen moved for a summary judgment insofar as the appellant has failed to meet his burden to overcome . the City's determination at this point. Case law supports that strain or financial burden is generally ruled out. The Examiner denied the dismissal. Ms. Timmons entered a list of exhibits, which showed the exterior wall for the chimney on the existing home and its location to the property line, a line on a photograph showing where the sidewalk would be located and a third photo showing a tree that is part of the subject site. The property protrudes into NE 6"' and Queen Avenue N quite a distance. Mr. Varma stated that the chimney has now been removed. Walgreen's Sign Appeal LUA-08-136, V-A February 24, 2009 Page 3 The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 11:18 am. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: The appellants, Kursal Varma and Kajal Ram, fled an appeal of the denials of two variances from the Zoning Code. The appellant seeks to retain an existing home that would provide an approximately 3.2 foot front yard and insufficient room for a required five (5) foot landscape strip. 2. The appeal was filed in a timely manner. 3. The subject site is located at 3629 NE 6"' Street in the City of Renton. The property is located on the southwest corner of the intersection of NE 6th Street and Queen Avenue NE. 4. The appellant has proposed to subdivide an approximately 44,432 square foot parcel into six lots. Proposed Lot 1 would be a corner lot at Queen and NE 6th. Proposed Lot 2 would be west of Proposed Lot 1. Proposed Lots 3 to 6 would span the lot in an east to west direction with Proposed Lot 3 immediately south of Proposed Lots 1 and 2. Proposed Lot 3 would front along Queen Avenue NE. There is an existing home on the subject site. That home is located on what would be Proposed Lot 3. 6. The proposed plat was altered in response to a requirement to preserve significant trees and to accommodate right-of-way dedications. As part of the original application and plat the appellant agreed to remove the existing home since it would intrude into a required front yard setback and required landscape strip along Queen Avenue NE. 7. Code requires a 15-foot setback along Queen as well as a five-foot landscape strip. The home would be situated approximately 3.2 feet from the street or 11.8 feet less than the required 15 feet. The 3.2-foot 'setback would also mean the lot could not provide the required five feet of landscaping along Queen. The proposed plat was approved with the understanding that the non -conforming home would be removed. The plans showed its proposed removal. Somewhere in the interim between application and the filing of the appeal, the appellant and his family moved into the non -conforming residence. Subsequent to the approval of the plat the appellant also applied for variances to allow less than the required 15 foot front yard and less than the required five feet of landscaping along the frontage, proposing instead to provide 3.2 of front yard setback and similar landscaping depth. 10. The appellant alleges that the plat cannot be profitably developed if the existing home is demolished and moving his family out of the home would be a hardship. The allegations are that providing the required yard and landscaping would create an undue hardship. In order to accommodate the yard and landscaping, the appellant alleges that the home would either have to be demolished or moved. The appellant alleges that the economics of the situation and inconvenience of moving would create an undue hardship that the variances would put right. Walgreen's Sign Appeal LUA-08-136, V-A February 24, 2009 Page 4 11. Staff found that the applicant did not suffer undue hardship due to any special circumstance related to lot's size, shape or topography. They found that the appellant either has reasonable use of the site in its cun-ent condition, with one conforming home or that, dividing the site according to code provides a reasonable use of the subject site even if the existing home has to be removed or relocated. Staff found that approving either variance would grant the appellant a special privilege not afforded to other similarly located property in that zone. 12. The appellant moved into the home after beginning this process. Any claim of inconvenience was created by the appellant's actions knowing the home was to be demolished as part of his submitted plat application. 13. Variance Criteria are contained in Section 4-9.250B.5: a. That the applicant suffers undue hardship and the variance is necessary because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings of the subject property, and the strict application of the Zoning Code is found to deprive subject property owner of rights and privileges enjoyed by other property owners in the vicinity and under identical zone classification; b. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated; c. That approval shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the subject property is situated; d. That the approval as determined by the Reviewing Official is a minimum variance that will accomplish the desired purpose. (Amd. Ord. 4835, 3-27-2000) CONCLUSIONS: The appellant has the burden of demonstrating that the decision of the City Official was either in error, or was otherwise contrary to law or constitutional provisions, or was arbitrary and capricious (Section 4-8-110(E)(7)(b). The appellant has not demonstrated that the action of the City should be reversed. The appeal is denied. 2. Arbitrary and capricious action has been defined as willful and unreasoning action in disregard of the facts and circumstances. A decision, when exercised honestly and upon due consideration of the facts and circumstances, is not arbitrary or capricious (Northern Pacific Transport Co. v Washington Utilities and .Transportation Commission, 69 Wn. 2d 472, 478 (1966). 3. An action is likewise clearly erroneous when, although there is evidence to support it, the reviewing body, on the entire evidence, is left with the definite and firm conviction that a mistake has been committed. (Ancheta v Daly, 77 Wn. 2d 255, 259 (1969). An appellant body should not necessarily substitute its judgment for the underlying agency with expertise in a matter unless appropriate. 4. The decision to deny the variances was appropriate. As has been said many times before, a variance is not appropriate unless it meets all of the criteria and not just one or two criteria. Another issue to emphasize is that economic issues are not considered in dealing with a variance. There must be a physical limitation and not a fiscal limitation that deprives the applicant of reasonable use of the property. The Walgreen's Sign Appeal LUA-08-136, V-A February 24, 2009 Page 5 applicant voluntarily entered into this plat process and as part of that application, the applicant agreed that the existing home would have to be removed or, at least, modified in some fashion. The home's location would violate current Zoning provisions by providing substantially less than the required front yard along a street and not providing the required five-foot landscape strip. The applicant can readily divide the lot according to current zoning standards and create reasonably sized lots and construct homes on those lots. In no way does the Zoning Code deprive the appellant of rights and privileges enjoyed by other property owners in the vicinity. Will having to move out of the home be an inconvenience? Certainly. Will having to demolish a reasonable home be economically distressful? Probably, although in return the applicant creates additional saleable lots. The profit might be less but that is the applicant/appellant's choice. When the platting process began, the appellant did not reside in the home and so made a choice that should not affect City Zoning regulations. The failure to provide the required front yard setback might not appear to create any hardship but a standard setback along a street frontage is generally maintained. It provides an open appearance and allows those at their front door or in their front yard to scan the streetscape on either side. The setback also removes the home from immediate traffic impacts of noise and fumes. The concept of a standard setback is so consistent in code that homes located on corner lots are generally required to provide the setback along both street frontages so neighbors, again, have sightlines that are not visually interrupted by homes where a front yard should be located. Approval of either of these variances would be a grant of special privilege. Almost every new plat is based on the redevelopment of existing underlying plats and/or lots. In many of those cases existing homes are poorly located in terms of setbacks or yard requirements vis-a-vis new or existing code standards. In all those cases the applicants agree to remove or relocate those homes to conform with current zoning. This is almost so routine as to be a known standard. If the appellant were given a variance or variances all of those similarly situated, that is those redeveloping lots, would equally demand to retain non -conforming structures. Approving these variances would create an undue precedent and a special privilege. Is this the minimum variance to provide reasonable use of the subject site? The appellant would appear to be dictating the standards by insisting the home must remain where it is. Obviously, if the appellant is not willing to alter or move the existing home, the minimum variance relief is the full extent of the yard reduction. In this case, there is no way that the applicant can vary its construction or location to allow a smaller deviation from the Code standards. But no variance is really necessary toallow.reasonable use of the subject site. 9. The decision below was appropriate. In order for a variance to be approved it must satisfy all four (4) criteria. It is not sufficient to satisfy one or another of the criteria or even three of the criteria. There is no undue hardship. The appellant has reasonable use of the subject site. The economics of the situation were appropriately disregarded by staff, as was the supposed inconvenience in having to move or relocate the appellant's family. This appellant applied for the underlying plat knowing full well the home would have to be removed or moved so any hardship was created by the appellant, not the imposition of the regulations. Under those circumstances staff could not approve the variances and their decision should stand. 10. The decision below should not be reversed without a clear showing that the decision is clearly erroneous or arbitrary and capricious. This office has found that the decision below was sound and the decision below is affirmed. ELISION: The decision is affirmed and the appeal is denied. Walgreen's Sign Appeal LUA-08-136, V-A February 24, 2009 Page 6 ORDERED THIS 241h day of February 2009 qaj- N-1-V FRED J. KAUTMAN HEARING EXAMINER TRANSMITTED THIS 24rh day of February 2009 to the parties of record: Rocale Timmons Ann Nielsen Tom Touma Development Services Assistant City Attorney Touma Engineers & Land Surveyors City of Renton City of Renton 6632 S 191" Place, Ste. E-102 Kent, WA 98032 Kushal Varma 2609 NE 50' Court Renton, WA 98056 TRANSMITTED THIS 24`11 day of February 2009 to the following Mayor Denis Law Dave Pargas, Fire Jay Covington, Chief Administrative Officer Larry Meckling, Building Official Julia Medzegian, Council Liaison Planning Commission Gregg Zimmerman, PBPW Administrator Transportation Division Alex Pietsch, Economic Development Utilities Division Jennifer Henning, Development Services Neil Watts, Development Services Stacy Tucker, Development Services Janet Conklin, Development Services Renton Reporter Pursuant to Title IV, Chapter 8, Section 1000of the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., March 10, 2009. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of $75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writinlz on or before 5:00 p.m., March 10, 2009. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Council or final processing of the tile. You may contact this office for information on formatting covenants. Walgreen's Sign Appeal LUA-08-136, V-A February 24, 2009 Page 7 fhe Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision -maker concerning the proposal. Decision -makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board.. CED Staff Contact...... Mark Santos -Johnson Ext. 6584 Subject: Multi -Family Housing Property Tax Exemption Agreement — Liberty Square Apartments Exhibits: Issue Paper Recommended Action: Refer to Planning and Development Committee 9 AI #: 00 For Agenda of: 4/6/2009 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions....., Information....:... . Approvals: Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... N/A Transfer/Amendment....... N/A Amount Budgeted....... N/A Revenue Generated......... N/A Total Project Budget N/A City Share Total Project.. N/A SUMMARY OF ACTION: X In December 2003, the Council established a property tax exemption incentive to encourage multi -family housing development in designated residential targeted areas. In January 2009, the City received a Multi -Family Housing Property Tax Exemption ("Exemption") application for the Liberty Square Apartments project in the Downtown designated residential targeted area. As provided for in RMC 4-1- 220, the CED Administrator needs to approve or deny the Exemption application within 90 days of receipt of the application and, if approved, the applicant must enter into an agreement approved by the Council that addresses the terms and conditions for the Liberty Square Apartments project to receive a partial property tax exemption. Subject to the Council's approval of the agreement, the CED Administrator intends to approve the Exemption application for the Liberty Square Apartments project. STAFF RECOMMENDATION: Approve a Multi -Family Housing Property Tax Exemption Agreement that addresses the terms and conditions for a partial property tax exemption for the Liberty Square Apartments project and authorize the Mayor and City Clerk to execute said agreement in substantially the same form. DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: March 30, 2009 TO: Randy Corman, Council President Members of the Renton City Council VIA: Mayor Denis Law FROM: �`Alex Pietsch, Administrator ¢ STAFF CONTACT: Mark Santos -Johnson, Senior Economic Development Specialist; ext. 6584 SUBJECT: Multi -Family Housing Property Tax Exemption Agreement — Liberty Square Apartments ISSUE: In January 2009, the City received a Multi -Family Housing Property Tax Exemption ("Exemption") application for the Liberty Square Apartments project in the Downtown designated residential targeted area. As provided for in RMC 4-1-220, the Department of Community & Economic Development (CED) Administrator needs to approve or deny the Exemption application within 90 days of receipt of the application and, if approved, the applicant must enter into an agreement approved by the Council that addresses the terms and conditions for the Liberty Square Apartments project to receive a partial property tax exemption. Subject to the Council's approval of the agreement, the CED Administrator intends to approve the Exemption application for the Liberty Square Apartments project. RECOMMENDATION: Staff recommends that the Council: (1) approve the Exemption Agreement that addresses the terms and conditions for the Liberty Square Apartments project to receive a partial property tax exemption; and (2) authorize the Mayor and City Clerk to execute said agreement in substantially the same form. BACKGROUND SUMMARY: As authorized by Chapter 84.14 RCW, the Council established the Multi -Family Housing Property Tax Exemption in 2003 (codified in RMC 4-1-220) to encourage multi -family housing development in the following (subsequently modified) designated residential targeted areas: h:\ced\city council\issue papers\2009\issuepaper - mfhpte agreement - liberty square apartments 3-30-2009.doc Multi -Family Housing Property Tax Exemption Agreement — Liberty Square Apartments March 30, 2009 Page 2 of 3 Highlands: Within the Center Village Comprehensive Plan designation: Center Village (CV) zone, Residential Multi -Family (RM-F) zone, or Residential 10 du/ac (R-10) zone Downtown: Center Downtown (CD) zone, Residential Multi -Family Urban Center (RM-U) zone, or Residential Multi -Family Traditional (RM-T) zone As provided for in Chapter 84.14 RCW and RMC 4-1-220, the Exemption provision currently allows the value of qualified new housing construction to be exempt from ad valorem property tax for eight to twelve years depending upon when the project applied for the exemption and whether the project provides at least 20% of the units as affordable housing. However, the exemption does not include the value of the land, existing improvements, or non -housing -related improvements (e.g., commercial space). The exemption applies to all levels of the ad valorem property tax, including the local jurisdiction, county, state, and all local taxing districts. The exemption is in addition to any other tax credits, grants, or incentives provided by law for the multi -family housing. The Liberty Square Apartments was completed in 2008 and received a certificate of occupancy on September 15, 2008. As authorized by Ordinance 5427 and approved by the Renton City Council on November 10, 2008, the City received an Exemption application for the Liberty Square Apartments project on January 28, 2009. The Liberty Square Apartments project is a residential rental project located at 415 and 417 Williams Avenue S (at the northwest corner of S 5t" Street and Williams Avenue S) in Downtown Renton. The property consists of two four-story residential structures built on a landscaped podium above one-story of street -level structured parking. The project includes 92 apartment units, 139,317 square feet of residential space, and 123 structured parking spaces. All 92 housing units at the Liberty Square Apartments are set aside for households at or below 60% of the King county area median income. As such, the project qualifies for the 12-year (rather than the eight -year) property tax exemption. The estimated potential property tax savings related to the Exemption are approximately $95,193 per year ($1,142,321 total for the 12-year period) for the Liberty Square Apartments project. This equates to a potential property tax savings of approximately $1,035 per year per housing unit ($12,417 total per housing unit for the 12-year period). The City of Renton's portion of the above estimated potential property tax savings related to the Exemption is approximately $22,984 per year ($275,810 total for the 12-year period) for the Liberty Square Apartments project. Although the City will receive property tax revenue from the assessed value for the land, the City will not receive property tax revenue from the residential improvements until after the 12-year property tax exemption period. As part of the City's Exemption application, applicants are invited to comment on whether the ability to obtain a property tax exemption for their project made a difference in their decision to develop the project. For the Liberty Square Apartments project, the applicant noted: "Yes, a property tax exemption is very helpful and will make a significant difference in the project's financial feasibility." h:\ced\city council\issue papers\2009\issuepaper - mfhpte agreement - liberty square apartments 3-30-2009.doc Multi -Family Housing Property Tax Exemption Agreement — Liberty Square Apartments March 30, 2009 Page 3 of 3 The project paid a $1,000 initial application fee and satisfies the City's Exemption eligibility requirements as outlined in RMC 4-1-22OD: • The multi -family housing units are located in one or more new buildings designed for permanent residential occupancy, each with four or more dwelling units; • The project is located in the Center Downtown (CD) zone as part of the Downtown designated residential targeted area; and • The project consists of a minimum of 30 dwelling units. As provided for in RMC 4-1-220D, the CED Administrator intends to waive the requirement that the housing units be located in a mixed -use development. As provided for in RMC 4-1-220F, the CED Administrator needs to approve or deny the Exemption application within 90 days of receipt and, if approved, the applicant must enter into an agreement approved by the Council that addresses the terms and conditions for the Liberty Square Apartments project to receive a partial property tax exemption upon completion. Subject to the Council's approval of the agreement, the CED Administrator intends to approve the application for the Liberty Square Apartments project. (Please see Attachment 3 for the proposed Exemption Agreement for the Liberty Square Apartments project.) The Liberty Square Apartments provides 92 units of affordable housing for households at or below 60% of the King County area median income. The $18 million project is believed to be the largest capital investment in the South Renton residential neighborhood in history. The Liberty Square Apartments project significantly expands the housing opportunities in Downtown and supports the City's revitalization efforts in Downtown Renton. CONCLUSION: Renton's Multi -Family Housing Property Tax Exemption program was established to help increase housing opportunities in designated residential targeted areas, including Downtown Renton. The Liberty Square Apartments project provides an additional 92 apartment units in Downtown Renton and furthers the City's 2009-2014 Business Plan Goals. Enc: Attachment 1 - Liberty Square Apartments Project Information and Potential Projected Multi -Family Housing Property Tax Exemption Attachment 2 - Proposed Project for Multi -Family Housing Property Tax Exemption map Attachment 3 - Multi -Family Housing Property Tax Exemption Agreement for the Liberty Square Apartments project cc: Jay Covington, CAO Bonnie Walton, City Clerk Iwen Wang, Finance & Is Administrator Gregg Zimmerman, Public Works Administrator Suzanne Dale Estey, Economic Development Director Chip Vincent, Planning Director Neil Watts, Development Services Director h:\ced\city council\issue papers\2009\issuepaper - mfhpte agreement - liberty square apartments 3-30-2009.doc Attachment 1 Liberty Square Apartments Project Information and Potential Projected Multi -Family Housing Property Tax Exemption Based on City's Projected Assessed Values for Project March 30, 2009 Project Information (Based on Information Provided by Applicant) Project Name Liberty Square Apartments Street Address 415 & 417 Williams Avenue S, Renton, WA 98055 Owner Renton Fifth and Williams Limited Partnership Residential Targeted Area Downtown Zoning Center Downtown (CD) King County Assessor's parcel account number(s) 7231502430 The property consists of two four-story residential structures built on a landscaped podium above one-story of street -level structured parking. The project includes 92 apartment units, Brief Project Description 139,317 sf of residential space, and 123 structured parking spaces. Estimated Construction Start Date January 2007 Estimated Completion Date August 2008 (Certificate of Occupancy issued September 15, 2008) Type of Project Residential Rental Residential Unit Breakdown Area (Range in SF) Studio Apartments 6 476 One -Bedroom Apartments 54 668 to 863 Two -Bedroom Apartments 32 832 to 1,099 Three -Bedroom Apartments 0 N/A Studio Town House 0 N/A One -Bedroom Town House 0 N/A Two -Bedroom Town House 0 N/A Three -Bedroom Town House 0 N/A Total Residential Units 92 Planned Building Improvements Residential Units SF 92,652 Residential Common Areas SF 9,927 Retail Residential Structured Parking SF 36,738 Sub -Total Residential SF 139,317 Non -Residential SF 0 Non -Residential Common Area SF 0 Non -Residential Structured Parking SF 0 Sub -Total Non -Residential SF 0 Total Residential & Non -Residential SF 139,317 Residential Percentage of Project 100.00% Retail/Commercial Percentage of Project 0.00% Parking Stalls Residential Non -Residential Total Structured Parking 123 0 123 Surface Parking 0 0 0 Totals 123 0 123 Projected Land Cost $784,948 Projected Last Cost per Housing Unit $8,532 Projected Total Cost of All Improvements (New Construction/Rehabilitation) $17,515,052 Projected Cost of Residential Improvements $17,515,052 Projected Cost of Residential Improvements per Housing Unit $190,381 Projected Cost of Residential Improvements per SF $125.72 Projected Cost of Non -Residential Improvements $0 Projected Total Project Cost (Land & All Improvements) $18,300,000 Projected Total Project Cost per Housing Unit $198,913 Affordable Housing Number of Total Housing Units 92 Percentage of Total Housing Units (minimum 20%) 100% Maximum Percentage of Area Median Income 60% Is project eligible for 12-year property tax exemption? Yes Exemption Period (8 years versus 12 years) 12 Current Assessed Value (from King County Assessor's Office online records) Land SF 40,276 Current Assessed Value for Land (2009) $1,006,900 Current Assessed Value for Land per SF (2009) $25.00 Current Assessed Value for Residential Improvements (2009) $9.701,100 Current Assessed Value for Non -Residential Improvements (2009) $0 Current Assessed Value for Residential and Non -Residential Improvements (2009) $9,701,100 Current Assessed Value for Land & All Improvements (2009) $10,708,000 Liberty Square Apartments Projected Property Tax Calculation Exemption Period (8 years versus 12 years) 12 Estimated Assessed Value for Land after Construction/Rehabilitation $1,006,900 (Reflects current 2009 post -construction land assessed value) Estimated Assessed Value for Residential Improvements after Construction $9,701,100 (Reflects current 2009 post -construction improvements assessed value) Estimated Assessed Value for All Residential Improvements per Housing Unit $105,447 Estimated Assessed Value for Non -Residential Improvements after Construction $0 (Reflects current 2009 post -construction improvements assessed value) Estimated Assessed Value for All Improvements after Construction/Rehabilitation $9,701,100 (Reflects current 2009 post -construction improvements assessed value) Total Estimated Assessed Value for Land & All Improvements (Reflects current 2009 post -construction land and improvements assessed after Construction/Rehabilitation $10,708,000 values) Projected 2009 Rate per Estimated Estimated Total Estimated $1,000 of Property Tax Property Tax for Property Tax Breakdown of Projected Property Tax Assessed Estimated Property for Residential Non -Residential (Land & (Based on Projected 2009 Property Tax Rates) Value Tax for Land Improvements Improvements Improvements) City of Renton - General Levy $2.36923 $2,386 $22,984 $0 $25,370 City of Renton - Special Levy 0.00000 $0 $0 $0 $0 Total City of Renton property tax $2.36923 $2,386 $22,984 $0 $25,370 King County 1.09772 $1,105 $10,649 $0 $11,754 Port of Seattle 0.19700 $198 $1,911 $0 $2,109 Hospital District #1 0.47141 $475 $4,573 $0 $5,048 Renton School District #403 3.44056 $3,464 $33,377 $0 $36,842 State of Washington School Fund 1.96268 $1,976 $19,040 $0 $21,016 Emergency Medical Service 0.27404 $276 $2,658 $0 $2,934 Sub -total other property tax $7.44341 $7,495 $72,209 $0 $79,704 Total Property Tax $9.81264 $9,880 $95,193 $0 $105,074 Estimated Annual Property Tax per Housing Unit $107 $1,035 $0 $1,142 Potenttal,Projected_Multi-Famlly Housing Property Tax ExemiStion °--- Exemption Period (S yearswersus 12 years) 12 Annual'E'stimated PropertyTaz;SaVings for Residential Improvements Total Exemption Period Estimated Property Tax Savings for Residen IN Improvements $1 142 321 Total Exemption Period Estimated Property Tax Savings per Housing Und $12 417gz , - Annual Estimated Property Tax Savings per Hous ngUmt a� �a$1 035_ - .. Cityof R nton Porton of Annual Estimated Property Fax Savingfor Residential Improvements$22 i 984 - City of Renton Portion of Total Exemption Period Eshmaf d Property Taz Savmgs for ResidentialIWO Improvements$2 b 810 City of Renton Portion of Total Exemption'Penod Estimated Property Tax Savings per Housing Unit $2 998' C 'ofRenfon Portion of Annual Estimated Property ` ,Tax m Says, er:Housm Und., " 250 . Based on projected 2009 Property Tax Rates, but subject to change m the future based on new tax rates and/or changes ' in the projedf's assessed value �e n .a 9) p.cC GT N t�. D X� v£0 3 CD N m a O CD (D N mm °° 3 3 o Z 3 c (D � 0 r n m c - (n. c w CD v M. m = o 0 a a � v v X X CD CD x x 3 3 0 i- '-S 0 0 in Q 0 (D 0 0 n w 3 2 0 c v x m x rn 3 0 1 ATTACHMENT 3 MULTI -FAMILY HOUSING PROPERTY TAX EXEMPTION AGREEMENT FOR LIBERTY SQUARE APARTMENTS THIS AGREEMENT is entered into this day of , 200 by and between RENTON FIFTH AND WILLIAMS LIMITED PARTNERSHIP (hereinafter referred to as the "Applicant"), and the CITY OF RENTON, a municipal corporation (hereinafter referred to as the "City"). Recitals. Applicant has applied to the City for a limited property tax exemption as provided for in Chapter 84.14 RCW and RMC 4-1-220 for multi -family housing residential rental housing located in the Center Downtown zone as part of the downtown Renton residential targeted area and the Department of Community and Economic Development Administrator has approved the application; and 2. Applicant has submitted to the City preliminary site plans, floor plans, and elevations for the Liberty Square Apartments with ninety two (92) new multi- family housing units (hereinafter referred to as the "Project") on property located at 415 and 417 Williams Avenue South, Renton, Washington, and more fully described in Exhibit A attached hereto, (hereinafter referred to as the "Property"); and 3. Applicant is the owner of the Property; and 4. The City has determined that the Project will, if developed as proposed, satisfy the requirements for a Final Certificate of Tax Exemption. NOW, THEREFORE, the City and Applicant do mutually agree as follows: 1. Conditional Certificate of Acceptance of Tax Exemption City agrees, upon execution of this Agreement following approval by the City Council, to issue a Conditional Certificate of Acceptance of Tax Exemption, which conditional certificate shall expire three (3) years from the date of approval of this Agreement by the City Council, unless extended by the Administrator of the Department of Community and Economic Development (or any other City office, department or agency that shall succeed to its functions), or his or her designee, (hereafter referred to as "Administrator") as provided in RMC 4-1-2201. Multi -Family Housing Property Tax Exemption Agreement Liberty Square Apartments 2. Agreement to Construct Multi -Family Housing. a. Applicant agrees to construct the Project on the Property substantially as described in the site plans, floor plans, and elevations on file with the City's Department of Community and Economic Development or its functional successor (hereafter referred to as "Department") as of the date of the City Council's approval of this Agreement, subject to such modifications thereto as may be required to comply with applicable codes and ordinances; provided, that in no event shall such construction provide fewer than thirty (30) new multi -family housing dwelling units designed for permanent residential occupancy, nor shall permanent residential housing comprise less than fifty percent (50%) of the gross floor area of the mixed -use project constructed pursuant to this Agreement." b. Applicant agrees to construct the Project on the Property to comply with all applicable zoning requirements, land use regulations, and building and housing code requirements, including but not limited to the City's development regulations in Title IV of the RMC and the City's applicable design standards and guidelines. The Applicant further agrees that approval of this Agreement by the City Council, its execution by the Mayor, or issuance of a Conditional Certificate of Acceptance of Tax Exemption by the City pursuant to RMC 4-1-220F3 in no way constitutes approval of proposed improvements on the Property with respect to applicable provisions of the City's development regulations included in Title IV of the RMC or any other applicable regulation or obligates the City to approve proposed improvements to the Property. C. Applicant agrees that the Project will be completed within three (3) years from the date of approval of this Agreement by the Council, unless extended by the Administrator for cause as provided in RMC 4-1-2201. 3. Requirements for Final Certificate of Tax Exemption. Applicant may, upon completion of the Project and upon issuance by the City of a temporary certificate of occupancy, or a permanent certificate of occupancy if no temporary certificate is issued, request a Final Certificate of Tax Exemption. The request shall be in writing directed to the Administrator and be accompanied by the following: a. A statement of expenditures made with respect to each multi -family housing unit and the total expenditures made. with respect to the entire Project and Property; b. A description of the completed work and a statement of qualification for the multi -family housing property tax exemption; Multi -Family Housing Property Tax Exemption Agreement Liberty Square Apartments 2 C. A statement that the Project was completed within the required three-(3) year period or any authorized extension and documentation that the Project was completed in compliance with the terms of this Agreement; d. The total monthly rent of each multi -family housing unit rented to date; e. The income of each renter household to date at the time of the initial occupancy; f. A statement that the Project meets the affordable housing requirements in Paragraph 5 below, along with the number, type, and specific multi -family housing units rented to date to meet the affordable housing requirements; and g. Any such further information that the Administrator deems necessary or useful to evaluate the Project's eligibility for the Final Certificate of Tax Exemption. 4. Agreement to Issue Final Certificate of Tax Exemption. The City agrees to file a Final Certificate of Tax Exemption with the King County Assessor within forty (40) days of submission by the Applicant of all materials required by paragraph 3 above, if Applicant has: a. Successfully completed the Project in accordance with the terms of this Agreement and RMC 4-1-220; b. Filed a request with the City for a Final Certificate of Tax Exemption with the Administrator and submitted the materials described in paragraph 3 above; c. Paid the City a fee in the amount of one thousand dollars ($1,000); and d. Met all other requirements provided in RMC 4-1-220 for issuance of the Final Certificate of Tax Exemption. 5. Duration of the Property Tax Exemption Subject to the terms of this Agreement and the requirements of RMC 4-1-220, the value of improvements qualifying under RMC 4-1-220 is exempt from ad valorem property taxation for twelve (12) successive years beginning January 1 st of the year immediately following the calendar year of issuance of the final certificate of tax exemption. For the duration of the twelve (12)-year exemption period, the Applicant agrees to rent at least twenty percent (20%) of the Project's new multi -family housing units [i.e., Multi -Family Housing Property Tax Exemption Agreement Liberty Square Apartments 3 a minimum of nineteen (19) new multi -family housing units] as affordable housing to low income households at eighty percent (80%) or less of median income. The Applicant may use any combination of studio, one (1)-bedroom, two (2)- bedroom, and/or three (3)-bedroom units to comply with the minimum twenty percent (20%) requirement above. If the Project includes more than one (1) building with multi -family housing units, all of the affordable housing units required above shall not be located in the same building. The following definitions apply to the requirements in this paragraph 5: a. "Affordable housing" means residential housing that is rented by a low income household whose monthly housing costs, including rent and utilities other than telephone, do not exceed thirty percent (30%) of the household's monthly income. b. "Household" means a single person, family, or unrelated persons living together. C. "Low income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below eighty percent (80%) of the median income. d. "Median income" means the median family income adjusted for family size for King County, as reported by the United States Department of Housing and Urban Development (HUD). In the event that HUD no longer publishes median income figures for King County, the City may use or determine such other method as it may choose to determine the King County median income, adjusted for household size. 6. Annual Certification and Report. Within thirty (30) days after the first anniversary of the date the City issued the Final Certificate of Tax Exemption and each year thereafter for the duration of the tax exemption period noted in paragraph 5 above, Applicant agrees to file an annual report with the Administrator. The report shall contain such information as required by RCW 84.14 and as the Administrator may deem necessary or useful, and shall at a minimum include the following: a. A statement of the occupancy and vacancy of the multi -family housing units during the twelve months ending with the anniversary date; Multi -Family Housing Property Tax Exemption Agreement Liberty Square Apartments 4 b. A certification that the multi -family housing units, Project, and Property have not changed use since the date the City issued the Final Certificate of Tax Exemption, C. A statement that the multi -family housing units, Project, and Property continue to be in compliance with this Agreement and the requirements of RCW 84.14 and RMC 4-1-220; d. A description of any improvements or changes to the Project made after the City issued the Final Certificate of Tax Exemption; e. The total monthly rent of each multi -family housing unit rented or the total sale amount of each multi -family housing unit sold to an initial purchaser during the twelve months ending with the anniversary date; f. The income of each renter household at the time of initial occupancy and the income of each initial purchaser of owner -occupied multi -family housing units at the time of purchase during the twelve months ending with the anniversary date; g. A certification that the Project has been and continues to be in compliance with the affordable housing requirements included in paragraph 5 above since the date the City issued the Final Certificate of Tax Exemption; h. A breakdown of the number, type, and specific multi -family housing units rented during the twelve months ending with the anniversary date to meet the affordable housing requirements included in paragraph 5 above; i. Any additional information requested by the City pursuant to meeting any reporting requirements under RCW 84.14; and j. Any such further information that the Administrator deems necessary or useful to evaluate the Applicant's compliance with this Agreement and the requirements of RCW 84.14 and RMC 4-1-220. 7. No Violations for Duration of Exemption. For the duration of the property tax exemption granted under RMC 4-1-220 and noted in paragraph 5 above, Applicant agrees that the Project and the Property will have no violations of applicable zoning requirements, land use regulations, and building and housing code requirements, including but not limited to the development regulations in Title IV of the RMC, for which the Department of Community and Economic Development or its functional successor shall have issued a notice of violation, citation or other notification that is not resolved by a certificate of compliance, certificate of release, withdrawal or otherwise, within the time period for compliance, if Multi -Family Housing Property Tax Exemption Agreement Liberty Square Apartments 5 any, provided in such notice of violation, citation or other notification or any extension of the time period for compliance granted by the Department of Community and Economic Development. 8. Notification of Transfer of Interest or Change in Use. Applicant agrees to notify the Administrator within thirty (30) days of any transfer of Applicant's ownership interest in the Project, the Property or any improvements made to the Property. Applicant further agrees to notify the Administrator and the King County Assessor within sixty (60) days of any change of use of any or all of the multi- family housing units on the Property to another use. Applicant acknowledges that such a change in use may result in cancellation of the property tax exemption and imposition of additional taxes, interest, and penalty pursuant to State law. 9. Cancellation of Exemption - Appeal._ a. The City reserves the right to cancel the Final Certificate of Tax Exemption if at any time the multi -family housing units, the Project, or the Property no longer complies with the terms of this Agreement or with the requirements of RMC 4-1- 220, or for any other reason no longer qualifies for a property tax exemption. b. If the property tax exemption is canceled for non-compliance, Applicant acknowledges that state law requires that an additional real property tax is to be imposed in the amount of: [i] the difference between the property tax paid and the property tax that would have been paid if it had included the value of the nonqualifying improvements, dated back to the date that the improvements became nonqualifying; [ii] a penalty of 20% of the difference calculated under paragraph (i) of this paragraph 9b; and [iii] interest at the statutory rate on delinquent property taxes and penalties, calculated from the date the tax would have been due without penalty if the improvements had been assessed without regard to the exemptions provided by Chapter 84.14 RCW and RMC 4-1-220. Applicant acknowledges that, pursuant to RCW 84.14.110, any additional tax owed, together with interest and penalty, become a lien on the Property and attach at the time the Property or portion of the Property is removed from multi -family housing use, and that the lien has priority to and must be fully paid and satisfied before a recognizance, mortgage, judgment, debt, obligation, or responsibility to or with which the Property may become charged or liable. Applicant further acknowledges that RCW 84.14.110 provides that any such lien may be foreclosed in the manner provided by law for foreclosure of liens for delinquent real property taxes. C. Upon determining that a tax exemption is to be canceled, the Administrator shall notify the property owner by certified mail, return receipt requested. The property owner may appeal the determination in accordance with RMC 4-1-220L2. Multi -Family Housing Property Tax Exemption Agreement Liberty Square Apartments 6 10. Amendments. No modification of this Agreement shall be made unless mutually agreed upon by the parties in writing and unless in compliance with the provisions of RMC 4-1-220H, including but not limited to the Applicant's payment of a five hundred dollars ($500) contract amendment fee. 11. Binding Effect. The provisions, covenants, and conditions contained in this Agreement are binding upon the parties hereto and their legal heirs, representatives, successors, assigns, and subsidiaries. 12. Recording of Agreement. The Administrator shall cause to be recorded at the Applicant's expense, or require Applicant to record, in the real property records of the King County Department of Records and Elections, this Agreement and any other documents as will identify such terms and conditions of eligibility for exemption as the Administrator deems appropriate for recording. 13. Audits and Inspection of Records. Applicant understands and agrees that the City has the right to audit or review appropriate records to assure compliance with this Agreement and RMC 4-1-220 and to perform evaluations of the effectiveness of the multi -family housing property tax exemption program. Applicant agrees to make appropriate records available for review or audit upon seven days written notice by the City. 14. Notices. All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when hand -delivered within normal business hours, when actually received by facsimile transmission, or two business days after having been mailed, postage prepaid, to the parties hereto at the addresses set forth below, or to such other place as a party may from time to time designate in writing. APPLICANT: Kantor, Taylor, Nelson and Boyd PC 1501 Fourth Avenue, Suite 1610 Seattle, WA 98101 Phone: (206) 625-9898 Fax: (206) 625-9941 Attention: Mark Kantor Multi -Family Housing Property Tax Exemption Agreement Liberty Square Apartments CITY: City of Renton Department of Community and Economic Development 1055 South Grady Way Renton, Washington 98055 Phone: (425) 430-6592 Fax: (425) 430-7300 Attention: Administrator 15. Severability. In the event that any term or clause of this Agreement conflicts with applicable law, such conflict shall not affect other terms of this Agreement which can be given effect without the conflicting terms or clause, and to this end, the terms of the Agreement are declared to be severable. Multi -Family Housing Property Tax Exemption Agreement Liberty Square Apartments 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year written above. RENTON FIFTH AND WILLIAMS LIMITED PARTNERSHIP A Washington Limited Partnership By: DASH Development LLC, a Washington Corporation, its General Partner By: Downtown Action to Save Housing, a Washington non-profit corporation, its sole member and manager Todd R. Bennett, DASH Board Chair and President CITY OF RENTON Denis Law, Mayor APPROVED AS TO FORM: ATTEST: City Attorney Bonnie I. Walton, City Clerk Multi -Family Housing Property Tax Exemption Agreement Liberty Square Apartments 9 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of , 200 , before the undersigned, a Notary Public in and for the state of Washington, duly commissioned and sworn, personally appeared before me Todd R. Bennett, to me known to be the Board Chair and President of Downtown Action to Save Housing that executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said party, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. In witness whereof I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC Printed Name: Residing at My commission expires se Multi -Family Housing Property Tax Exemption Agreement Liberty Square Apartments 10 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of , 200 , before the undersigned, a Notary Public in and for the state of Washington, duly commissioned and sworn, personally appeared before me Denis Law, to me known to be the Mayor of the City of Renton, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned and on oath stated that he was authorized to execute said instrument. In witness whereof I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC Printed Name: Residing at My commission expires sea Multi -Family Housing Property Tax Exemption Agreement Liberty Square Apartments 11 MULTI -FAMILY HOUSING PROPERTY TAX EXEMPTION AGREEMENT EXHIBIT A LEGAL DESCRIPTION Lots 11 through 17, inclusive, block 27, town of Renton, according to the plat thereof recorded in volume 1 of plats, page 135, in King County, Washington; except the west 5 feet of said lots conveyed for alley purposes by deeds recorded under recording numbers 910203 and 910204, situate in the City of Renton, County of King, State of Washington. (Also known as adjusted parcel A, city of Renton, lot line adjustment number LUA-00- 168-LLA, recorded under recording number 20020502900015, in King County, Washington.) Multi -Family Housing Property Tax Exemption Agreement Exhibit A — Legal Description Liberty Square Apartments CITY OF RENTON COUNCIL AGENDA BILL - submitting Data: Dept/Div/Board: Community Services/Facilities Staff Contact: Peter Renner, Facilities Director Ext. 6605 bject: Lease Amendment with King County Metro for interim revision of LAG-04-003 PARK-N-RIDE GARAGE AGREEMENT. Issue Paper Amendment Lease Agreement or Consent .............. Public Hearing. Correspondence. Ordinance ............. Resolution........... . Old Business........ New Business....... Study Sessions...... Information........ . /:/ Recommended Action: Approvals: Refer to Finance Committee Legal Dept......... X Finance Dept.... X Risk Management .............. Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated.......... $3,750 per month Total Project Budget City Share Total Project F ACTION: The City informed King County Metro in a letter dated April 2008 that Metro was not complying with terms of the Lease with regards to parking spaces in the City Center Parking Garage. An Amendment was approved by Council that addressed issues in the existing lease. The Amendment is scheduled to expire on April 22"d, 2009. This Second Amendment resets the lease termination date to 12/31/09 and continues the pricing terms of the First Amendment until then. Efforts to develop a longer term market -based lease with King County Metro continue. RECOMMENDATION: Approve the Second Lease Amendment with King County Metro to extend the termination date until December 31", 2009 at the existing rates and conditions, and authorize the Mayor and City Clerk to sign the Amendment. O:\Facilities\Facilities Director\Peter Renner\Peter Renner\Peter Renner 2009\Amend2KCMetroParkLease.doc 3/30/2009 2:32:22 PM 1�Y �� r: M + COMMUNITY SERVICES DEPARTMENT ��lvT°� M E M O R A N D U M DATE: April 6, 2009 TO: Randy Corman, Council President Members of the Renton City Council VIA: P?Zyor Denis Law FROM: Terry Higashiyama; Community Services Administrator STAFF CONTACT: Peter Renner, Facilities Director, Ext. 6605 SUBJECT: Second Lease Amendment with King County Metro for the City Center Parking Garage (CCPG) Issue• Should the Council authorize the Mayor and the City Clerk to sign a Second Lease Amendment with King County Metro for parking spaces at the CCPG? Recommendation: Council authorize the Mayor and City Clerk to sign the Second Lease Amendment. Background: • In 2004, the City and King County Metro signed a Park-n-Ride Garage Agreement, LAG-04- 003 that provided a pricing structure and operational details for Metro's Transit Center users to park in the CCPG. • Accountability issues developed during that Lease. • The City sent a letter to Metro in April 2008 that invoked the one-year termination clause and offered to renegotiate a new contract with operational corrections and market -based pricing. • An interim Amendment was created that included the following business points: o Agreement on an absolute number of spaces for the duration, 250. o Metro will pay for those 250 spaces, whether used or not, at the rate of $15 per space per month. o The lease termination date was set at April 22, 2009. • Because of continuing budget shortfalls and complexities, Metro is not able to fairly negotiate a new lease or replace the current parking spaces elsewhere at this time. They requested an extension until their next budget cycle concludes toward the end of 2009. Conclusion: This Amendment provides the City with additional revenue during a fluctuating revenue period. Attachment cc: Jay Covington, Chief Administrative Officer Iwen Wang, Finance & IS Administrator Larry Warren, City Attorney Bonnie Walton, City Clerk O:\Facilities\Facilities Director\Peter Renner\Peter Renner\Peter Renner 2009\InfoPaperMetroGarageAmend2.doc Created on 3/30/2009 2:16:00 PM AMENDMENT 2 TO THE PARK AND RIDE GARAGE AGREEMENT Between the City of Renton and King County This Amendment 2 to the Park and Ride Agreement between the City of Renton and King County is entered into this day of , 2009, by and between the City of Renton ("Owner" or "City") and King County, acting through its Department of Transportation ("KCDOT") WHEREAS, the City and KCDOT executed an agreement on June 1, 2004, ("Agreement") to permit transit and ride share commuters use of a portion of the Owner's property for a park and ride lot; and WHEREAS, the City and KCDOT executed Amendment 1 to the Agreement on October 22, 2008, to expand the number of commuter parking spaces to serve transit customer ridership and modify the compensation under Section 2 (Payment) of the Agreement; and WHEREAS, the City sent KCDOT a termination notice of the Park and Ride Garage Agreement, such termination notice dated April 22, 2008; and WHEREAS, the parties have agreed to extend the Park and Ride Garage Agreement, by this Amendment 2 to December 31, 2009; NOW, THEREFORE, in consideration of the mutual terms and covenants herein and in the Agreement, the parties hereto agree to the following: SECTION 1. Section 1 of Amendment 1 to the Park and Ride Garage Agreement relating to Section 2 (Payment) of the original Agreement is modified with respect to the location of the permitted parking spaces. While the total number of parking spaces which KCDOT commuters are permitted to use remains 250 parking spaces located on the "premises", those spaces are limited to spaces 312 to space 562 in the garage. Except as modified by this section, Section 1 of Amendment I changing Section 2 (Payment) of the original Agreement remains in full force and effect. The compensation for use of the parking spaces by commuter customers of KCDOT shall be prorated because of this extension of agreement to account for payments made under the original Agreement and Amendment 1, but to allow for additional payments for the extended time in April and the remaining eight months of extension under this agreement. SECTION 2. All other provisions of the Agreement not amended by Amendment 1 or Amendment 2 shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment 2 on the date set forth below. KING COUNTY METRO TRANSIT DIVISION S Kevin Desmond, General Manager Date King County Metro Transit Division CITY OF RENTON C Denis Law, Mayor ATTEST: Bonnie I. Walton, City Clerk Date CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board.. Finance & IS Department Staff Contact...... Iwen Wang Finance/IS Administrator 2009 Carryover Budget Amendment Ordinance Issue Paper Draft Ordinance April 6, 2009 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution........... . Old Business........ New Business....... Study Sessions...... Information........ . I>b X G4 Recommended Action: Approvals: Legal Dept......... X Refer to Finance Committee Finance Dept...... X Other ............... Fiscal Impact: Expenditure Required... $37,203,924 Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... $37,1797537 Total Project Budget City Share Total Project.. The proposed Ordinance increases the 2009 Budget appropriation in the amount of $37,203,924 by carrying forward fund balance of $23,194,345 from 2008 for projects that were not completed in 2008, but are anticipated to be completed in 2009. Additional grant and other revenue in the amount of $13,985,192 is also anticipated to provide for a portion of these expenditures. The combined resources from fund balance and revenue forward are $37,179,537. 3 Approve the 2009 Budget Amendment in the amount of $37,203,924, and authorize first reading of the Ordinance. C:\Documents and Settings\BWaltonTocal Settings\Temporary Internet Files\Content.Outlook\X7DZYUNA\2009_Cairyforward Agenda Bil.doc Y O� FINANCE AND INFORMATION SERVICES .;- , DEPARTMENT =�R � + M E M O R A N D U M DATE: April 1, 2009 TO: Randy Corman, Council President Members of the Renton City Council VIA:OP-Denis Law, Mayor FROM: Iwen Wang, Administrator l V3 SUBJECT: 2009 Carry -forward Budget Amendment Ordinance ISSUE Should the 2009 budget be amended to authorize expenditures for projects started but not completed in 2008 and to incorporate other adjustments identified herein? RECOMMENDATION Adopt an ordinance amending the 2009 Budget to authorize the carry -forward of projects and corresponding appropriations. BACKGROUND SUMMARY Each year Council is asked to consider an ordinance amending the current year's budget by authorizing additional appropriations for projects that were authorized in the prior year's budget but have not yet been completed. This is known as the carry -forward budget amendment ordinance. Except for four items listed below, all of the proposed carry -forward amounts relate to a project that was budgeted in 2008 and or had been previously approved by the City Council. These projects were not able to be completed in 2008, or final payments were not made during 2008. In order to complete the projects and to meet the City's financial obligations, the 2009 budget should be amended to include these amounts. There are four items that were either not originally budgeted, and need to be addressed in the 2009 Budget; or the original 2009 budget is no longer projected to be sufficient, due to revised expenditure estimates. These are: • (000) Maintain staffing level at Kennydale Beach $15,000 This would restore the reductions made in 2009 budget in lifeguard hours to 2008 level at the Kennydale Beach. h:\finance\budget\2009 budget\carryforward_ bdgt_ adj\2009 budget carryforward amendment issue paper revised.doc Randy Corman, Council President Members of the Renton City Council April 1, 2009 Page 2 of 9 (000) Replace Lifeguard Tower at Coulon Beach Park $13,000 The existing lifeguard tower has reached the end of its life and is beyond repair and is in need of replacement at this time. • (316) City Facility Reconfiguration for BH Annexation $1,218,181 This is to complete the city facilities reconfiguration to accommodated staffing increases which resulted from the Benson Hill Annexation. The project scope was expanded to include police substations at the Transit Center, the move of programs to the old City Hall, creating office space at the Liberty Park Building and in Fire Station 13. These changes allowed the City to fully utilize its facility resources and are the most cost effective way to accommodate the City's space needs. The associated costs will be captured and charged back to the Annexation Project for reimbursement from the state sales tax credit. ® (503) eGov Alliance membership —increase appropriation $50,000 The City has increased its subscription to various services provided by the eGov Alliance, a consortium of most eastside cities that provide common web -based service solutions to local governments. Switching from a subscription to membership service would allow the City to speedup on-line service offers to our businesses and residents, and to participate in future software development to best meet the City's needs while avoiding the cost to acquire or develop our own stand alone applications where applicable. The amount of carry -forward adjustment totals $37,203,924, including $13,921,677 in anticipated revenues and $23,194,345 in fund balances are also to be carried -forward from 2008 to 2009. A detailed list by fund is attached to this memo. CONCLUSION The 2009 budget amendments proposed are corrections to the original budget adoption ordinance. Attachment: Proposed budget carry -forward amendment detail Draft Budget Amendment Ordinance and Attachment A. cc: Jay Covington, CAO Marty Wine, Assistant CAO Bonnie Walton, City Clerk Department Administrators h:\finance\budget\2009 budget\carryforward_ bdgt_ adj\2009 budget carryforward amendment issue paper revised.doc Randy Corman, Council President Members of the Renton City Council April 1, 2009 Page 3 of 9 GENERAL FUND (Fund 000) Adopted Adiustment Amended Beginning Fund Balance 11,138,630 677,931 11,8.16,561 REVINUFS 100,867,028 CDBG Program Revenue 63,339 Shoreline Master Plan DOE Grant 107,682 Gales Foundation Library Technology 9,750 Wipeout Graffiti (move from 504 fund) 20,000 Total Revenue Adjustment 100,867,028 200,771 101,067,799 EXPENDITURES 101,568,853 CED Shoreline Master Plan 92,946 CED Impact Fee Study 39,470 CED Neighborhood Trailer Expense (Bal of S5k sponsorship received in 2008) 3,282 CED West Hill Annexation Survey 10,000 PD Graffiti ProgramMoved From504 20,000 PD Seizure Fund balances and youth programself-sustaining 426,684 PW Tech Svcs Prof Svcs -Aerial Mapping 100,000 PW ST: 2008 Approved Expense To Purchase Additional Furniture & Design 10,000 PW ST:Overlay/Road Ratings For Anne otions. 15,219 CS 20084th Qtr Payment to Big Brothers Big Sisters in 2009 1,563 CS CDBGProgram Expenses . 63,339 ** CS Maintain staffing costs of lifeguards at Kennydale Beach. 15,000 CS Security fencing gates at Liberty Park by river --balance to be paid in 09. 2,000 ** CS Lifeguard tower replacement. 13,000 CS Trees Purchased In 08 paid in 09 6,200 CS Balance of Lindbergh Pool 36,103 CS Cates Foundation Grant 9,750 Total Expenditure Adjustment 101,568,853 864,556 102,4332409 Ending Fund Balance 10,436,805 14,146 10,450,951 ARTERIAL STREET FUND (Fund 102> Adopted Adjustment Amended Beginning Fund Balance 316,068 56,662 372,730 biding Fund Balance 204,643 56,662 261,305 LEASED FACILITIES FUND (Fund 108) Adopted Adiustment Amended Beginning Fund Balance 529,744 722,314 1,252,058 REVENUES 638.575 Total Revenue Adjustment 638,5575 - 638,575 FXPENDI TURFS 750,000 Transfer to 316 for CH Reconfiguration 638,515' Total L`penditure Adjustment 750,000 638,515 1,388„515 HOTEUMOTEL TAX (Fund 110) Adopted Adiustrnent Amended Beginning Fund Balance 272,601 (21,855) 250,746 REVENUES 340.400 Total Revenue Adjustment 340,400 - 340,400 EXPENDITURES 295,000 Reproduction of KC Trails Map 3,000 CAG08-199 Hatmlton/Saunderson 19,000 CAG 08-197 Chamber Of Comvnerce 9.000 Total Expenditure Adjustment 295,000 31,000 326,000 Ending Fund Balance 318,001 (52,855) 265,146 h:\finance\budget\2009 budget\carryforward_ bdgt_ adj\2009 budget carryforward amendment issue paper revised.doc Randy Corman, Council President Members of the Renton City Council April 1, 2009 Page 4 of 9 PATH & TRAIL FUEL TAX (Fund 118) Adopted Adiustment Amended Beginning Fund Balance 3,183 60 3,243 Ending Fund Balance 3,183 60 3,243 ONE PERCE!T FOR ARTS (Fund 125) Adopted Adiustment Amended Beginning Fund Balance 57,164 64,514 121,678 Ending Fund Balance 57,164 64,514 121,678 CABLE CO:bIMLNICATIONS (Fund 127) Adopted Adiustment Amended Beginning Fund Balance 13,174 99,194 112,368 Ending Fund Balance 13,174 99,194 112,368 SPRINGBROOKWETLANDS BANK(Fund1351 Adopted Adiustment Amended Beginning Fund Balance - 8,502 8,502 Ending Fund Balance 10,500 8,502 19,002 SENOR HOUS ING BOND FL:ND (Fund 219) Adopted Adlustnx:alt Amended Beginning Fund Balance 607,839 (11 1,720) 496,119 Ending Fund Balance 89,709 (111,720) 22,011) IMPACT MITIGATION FUNDS (Fund 303, 304, 305) Adopted Adjustment Amended Beginning Fund Balance 7,360,699 17,555 7,378,254 REb'EVLiE 1,500,000 Revised revenues based on current economic data. (500,000) Total Revenue Adjustment 1,500,000 (500,000) 1,000,000 F,XPEYDITIIRES 1.200.000 ]'ransferto Transportation CIP to Complete Project 2,100,000 Total Expenditure Adjustment 1,200,000 2,100,000 3,300,000 Ending Fund Balance 7,660,699 2,582,445) 5,078,2.54 h:\finance\budget\2009 budget\carryforward_ bdgt_ adj\2009 budget carryforward amendment issue paper revised.doc Randy Corman, Council President Members of the Renton City Council April 1, 2009 Page 5 of 9 NILN, 1CIPALCIP RND (Fund 316) Adopted Adjustment Amended Beginning Fund Balance 1,578,845 10,796,470 12,375,315 REViNLES 8,621,329 May Creek Acquisition Grant 200,000 Panther Creek Acquisition Grant 95,000 Fire Station 11 FEMA Grant 327,757 ** Transfer In From Fund 108 for CH Reconfiguration 638,515' Transfer In FromFd 001 forCommunity Center Study 30.000 Total Revenue Adjustment 8,621,329 1,291,272 9,912,601 EXPENDITURES 8,700,174 Maintenance Facility (will be used for Landing Garage Acq. In 2009) 7,500,000 Carco Theater, HVAC electronic controls 40,000 Senior Center Banquet AV equipment, in process 12,000 Main Library Minor remodeling 20,000 Exrrcise Equipment Replacement 16,000 North Highlands Neighborhood Center Roof work done, to be paid in 09 30,000 Renton Community Center & Rce Readerboard 80,000 Fire Station 11 improvement (including seismic upgrade) 685,018 Fire Station 12 12,435 Fire Station 13 7,000 Renton Historical Museum Master Plan 100.000 Logan Ave Bike Lane 300,700 Parks/Rec/Open Space Plan, Trails Plan, and Com Center study 193,933 Regis Park Athletic Field E\pansion consultant/onhold 286,352 Parks General Major Maintenance, various projects 684,152 Urban Forestry Devlpmnt Plan, tree inventory/assmt, OF ordinance 133,386 Pathway, Sidewalk, Patio & Boardwalk safety repairs 267,766 Irrigation Automation & Water Conservation, completed payment in 09 22,084 Springbrook Trail Missing Link 150,111 ** City Facility Reconfiguration for Benson Hill Anne,,ation Staffing 1,218,181 Park Maintenance Facility United Rental Site Lease Pmts 195,624 Downtown Wayfinding 50.000 S. Lk Washington Redevelopment 33,000 Highlands Redevelopment Plan 50,000 Total L\penditure Adjustment 8,700,174 12,087,742 20,787,916 FndingFund Balance 1,500,000 (0) 1,500,000 h:\finance\budget\2009 budget\carryforward_ bdgt_ adj\2009 budget carryforward amendment issue paper revised.doc Randy Corman, Council President Members of the Renton City Council April 1, 2009 Page 6 of 9 TRAMS PORTATION CIP FUND (Fund 317) Adopted Adjustment Amended Beginning Fund Balance 282,933 2,693,852 2,976,785 REVENUES 22,616,348 Grants and other Revenues 1,286,199 Transfer in from Fact Fee (305) 2,100,000 Total Revenue Adjustment 223616048 3,386,199 26,002,547 EXPENDITURES 22,675,579 Transportation hr provement Projects 5,860,418 Total Expenditure Adjustment 22,675,579 5,860,418 28,535,997 Ending Fund Balance 223,702 219,633 443735 SOUGH LAKE WASHINGTON CIP FUND (Fund 318) Adopted Adjustment Amended Beginning Fund Balance 51,625 (1,051,102) (999,477) REVENUES 12,500,000 Grants and other Revenues 347,849 Landing Development Reimbursement Receivable 1,896,918 Total Re-,enue Adjustment 12,500,000 2,244,767 14,7442767 EXPENDITURES 12,500,000 Landing Infrastructure Project Completion 1,193,912 Total Expenditure Adjustment 12.500.000 1,193,912 13,693212 Ending Fund Balance 51,625 (247) 51,378 HOUSING OPPORTUNITY FUND (Fund 326) Adopted Adjustment Amended Beginning Fund Balance 200,325 200,325 Ending Fund Balance 200,325 200,325_ AIRPORT FUND (Fund 402/422) Adopted Adjustment Amended Beginning Nnd Balance 320,263 548,113 868,376 REVENUES 4,076,932 FAA Runway 15/33 Resurfacing Grant 1,563,657 FEMA Grant approved in 2007/2008 but not yet received 109,959 Total Resenue Adjustment 4,076,932 1,673,616 52750,548 EXPENDEFURES 4,338,379 Airport CIP 1,941,991 Total Expenditure Adjustment 4,338,379 12941,991 6,280270 Ending Fund Balance 58,816 279,738 338 554 SOLIDWASTE UTILITY FUND (Fund 403) Adopted Adjustment Amended Beginning Fund Balance 346,349 305,406 651,755 Ending Fund Balance 569,979 305,406 875,385 GOLF COURSEFUND (Fund 404/424) Adopted Adjustment Amended Beginning Fund Balance 1,016,754 101,936 1,118,690 REVENUES 2,623,779 Total Revenue Adjustment 2,623,779 2,623,779 EXPENDITURES 2,641,969 Golf CourseCIP 13,600' 181,398 Total ExEnditure Adjustment 2,655 569 181098 22836,967 Finding Fund Balance 998,564 (79,462) 905,502 h:\finance\budget\2009 budget\carryforward_ bdgt_ adj\2009 budget carryforward amendment issue paper revised.doc Randy Corman, Council President Members of the Renton City Council April 1, 2009 Page 7 of 9 WATER (TFILITY FUND (Fund 405/425) Adopted Adjustment Amended Beginning Fund Balance 4,490,417 2,746,121 7,236,538 RLV EN •!ES 14,898,063 Bond Fund Interest Earning Allocation 85,672 Total Revenue Adjustment 14,898.063 85,672 14,983,735 FIPENDITLRES 17,558,870 Water Maintenance: Vehicle 21,940 Correlator (water leak detector) 18,970 W ater CIP 1,980,000 Total Expenditure Adjustment 17,558,870 2,020,910 19„ 79,780 Ending Fund Balance 1,829,610 810,883 2,640,493 W ASTEIVATER U TILITY FU NND (Fund 406/416/4261 Adopted Adjustment Amended Beginning Fund Balance 2,970,628 594,289 3,564,917 REVENUES 19,406,527 Bond Fund Interest Earning Allocation 50,704 Trans fer from406 to 426 2,061,071 Total Revenue Adjustment 19.406,527 2,111,775 21„i18,302 F\PFNDrr1-11FS 20,093,921 Wastewater CIP 1,835,000 Transfer from 406 to 426 2,061,071 Total Expenditure Adjustment 20,093,921 31896,071 23,989,992 Ending Fund Balance 2,283,234 (1,190,007) 1,093,227 SrRFACEN ATERI.TILITYFUND(Fund407/427) Adopted Adjustment Amended Beginning Fund Balance 3,147,778 832,703 3,980,481 REV EN LIES 7,211,265 Bond Fund Interest Earning Allocation 38,464 Retraining FEMA grant revenue for 2009 288,970 Remaining WS Military grant revenue for 2009 48,162 Grant revenue approved in November2007, but not re( 75,000 Expected remaining WSDOT revenue to be received in - 43,333 Transfer from407 to 427 2,711,323 Total Revenue Adjustment 7,211,265 3,205,252 10,416,517 FNPEND nIIRLS 8,988,478 Surface water CIP 1,680,000 Surf Water Maint Mach/Equip 55,000 Transfer from 407 to 427 2,711,323 Total Expenditure Adjustmeut 8,988,478 4A46,323 13,434,801 Ending Fund Balance 1,370,565 408,368) 962,197 tTR,rrY BOND/RATE STABLIZATION FLND (Fund 461 /471 /481 } Adopted Adjustment Amended Beginning Fund Balance 94,952 201,767 296,719 D&FIN ITIRES 1 Closeout 481/Interest Earnings allocated to 405/06/07 174,840 j Total Expenditure Adjustment 174,840 174,840 Ending Fund Balance 94,952 26,927 1.21,879 h:\finance\budget\2009 budget\carryforward_ bdgt_ adj\2009 budget carryforward amendment issue paper revised.doc ORDINANCE ,JO. Attachment A: 2009 Carry Forward Budget Adjustment Summary by Fund BEGINNING FUND BALANCE REVENUE I EXPENDITURES END FUND BALANCE Budgeted Actual Beg Carry Adopted Carry Adjusted Adopted Carry Adjusted Adopted Change In Required Available Fund a u.. �u.....e 0;..nin., FR F.,..d Q7i Fn-d adi Revenue Ferward ndi Revenue Exoanditure Forward Adi Exoenditure Endina FS EFB Reserves Balance 000- GENERAL -7,451,347 "51700,507' '(1,750,840) 70,616,488 127,682 70,744,170 71,318,314 693,945 72,012,259, 6,749,521 (2,317,103) 4,432,418 001 COMMUNITY SERVICES 1,114,069 2.346,619 1.232,550 13,949,082 - 13,949.082 13,949,082 72,303 14,021,385 1,114,069 1,160,247 2,274.316 003 .STREETS 1,549,034 1,896,458 347,424 9,051,809 9,051,809 9,051,809 25,219 9,077,028 1,549,034 322,205 1',871,239 004 COMMUNITY DEVELOPMENT BLOCK GRAN (66,792) (18,496) 48,296 294,596 63.339 357,935 294,596 63.339 357,935 (66,792) 48,296 (18,496) 005 ' MUSEUM 151,124 151,124 151,124 151,124 006 LIBRARY 267,028 1,078,408 811,380 2,138,268 9,750 2,148,018 2,138,268 9,750 2,148,018 267,028 811,380 1,078408 009 FARMERS MARKET 46.492 52,147 5,655 35,280 - 35,280 35,280 - 35,280 46,492 5,655 52,147 01.0 FIRE AND'EMERGENCY SVC MEMORIAL 10,081 57,062 46,981 15;000 - "15,000 15,000 - 15,000 10,081 46,981 57,062 011 FIRE AND EMERGENCY SVC HEALTH 8 WE 16,783 34,153 17,370 25,000 - 25,000 25,000 - 25,000 16,783 17,370 34,153 .031 PARK MEMORIAL 170,300173,452 3,152 - - - - - - - 170,300 3,152 173,452 201 1997 LIM GO BONDS -CITY HALL 23,506 1,968 (21,538) 1,980,440 - 1,980,440 1,980,440 - 1,980,440 23,506 (21,538) 1,968 215" GGENERAL GOVERNMENT MISC DEBT SVC 556;782" 494,283 :(62,499) 2,609,941 - 2:609,941. 2,609,941 - 2;609,941-. 556,782 (62,499) 494,283 Total General Governmental Funds 11,138,630 11,816,661 677,931 100,867,028 200,771 101,067,799 101,668,863 864,666 102,433,409 10,436,806 14,146 10,460,961 102 ARTERIAL -STREETS - - --31,6,068' 372,730 56,662 638,575.- - - 638575- 750,000 - 750,000 204:643 56,662 - - -- 261,305- 108 LEASED CITY PROPERTIES 529,744 1,252,058 722,314 1,244,322 - 1,244,322 1,244,322 638,515' 1,882,837 529,744 83.799 613,543 110' SPECIAL HOTEL -MOTEL TAX 272,601 250,746 (21,855) 340,400 340,400 295,000 31,000 326,000 318,001 (52,855) 265,146 118 CUM 2755 (PATHS/TRAILS) 3,183 3,243 60 - 3,183 60 3,243 125' .ONE PERCENT FOR ART 57,164 121,678 64,514 57,164 64,514 121,678 127 CABLE COMMUNICATIONS DEVELOPMENT 13,174 112,368 99,194 85,674 - 85,674 85.674 - 85,674 13.174 99,194 112,368 135 SPRINGBROOK WETLANDS BANK 8,502 8,502 10,500 10,500 10,500 8,502 19;002 219 1989 UNLIM GO BONDS -SR HOUSING 607,839 496,119 (111,720) 5,100 - 5,100 523.230 - 523,230 89,709 (111,720) (22,011) 303 COMMUNITY SERVICES IMPACTMITIGATIOI• 1,612,975 1,670,013 57,038 300,000 300,000 1,912,975 57,038 1,970,013 304 FIRE IMPACT MITIGATION 2,556,013 2,375,767 (180,246) 300,000 - 300,000 300,000 - 300,000 2,556,013 (180.246) 2,375,767 305 TRANSPORTATION IMPACT MITIGATION 3,191,711 3,332,474 140,763 900.000 (500,000) 400,000 900,000 2,100,000 3,000,000 3,191,711 (2,459,237) 732,474 316 MUNICIPAL FACILITIES CIP 1,578,845 12,375315 10,796,470 8.621,329 1,291,272 9,912,601 8.700,174 12,087,742 20,787.916 1,500,000 (0) 1,500,000 (0) 317 CAPITAL IMPROVEMENT 282,933 2,976,785 2,693,852 22,616,348 3,386,199. 26,002,547 22,675,579 5,860,418 28,535,997 223,702 219,633 443,335 318 SOUTH LAKE WA INFRASTRUCTURE PROJ 51,625 (999,477) (1,051.102) 12,500,000 2,244,767 14,744,767 12.500,000 1,193,912 13,693,912 51.625 (247) 51,378 326. Housing Opportunity 200,325 200,325 - 200,325 200,325 402 AIRPORT OPERATIONS 379,684 583,924 204,240 1,209,511 - 1,209,511 1,530,379 - 1.530,379 58,816 204,240 263,056 -- 403 SOLID WASTE UTILITY 346,349` 651,755 305,406 - 15,123,236 - 15,123,236 14,899,606 - 14,899,606- 569,979-. 305,406 875,385 404 MUNICIPAL GOLF COURSE SYSTEM 961,591 861,013 (100,578) 2,469,699 - 2,469,699 2,491,969` - 2,491,969 939,321 (100,578) 838,743 '.405 WATER OPERATIONS 4,139,186 51104,276 965,090 10,011,844 10,011,844 12.558,870 40.910 12,599,780 1,592,160 924,180 1,955,020 561,320 406 WASTEWATER OPERATIONS 2,145,158 2,941,862 796,704 5,529,980 - 5,529,980 5,304,273 2,061,071 7,365,344 2,370,865 (1,264,367) 838,706 267,792 407 SURFACEWATER OPERATIONS. 2:345,200 3,246,177 900,977 5,595,500 5,595,500 5,138,478 2,766,323 7,904,801 2,802,222 (1,865,346) 497,632 439,244 416 KINGCOUNTYMETRO (311,143) (97,685) 213,458 11.414,648 11,414,648 11,414,648 11,414,648 (311,143) 213,458 (97.685) "'422' AIRPORT'CAPITALIMPROVEMENT (59,421) 284,452 343,873 2,867,421 1;673,616 4,541,037 2,808,000 1.941.991 4,749,991 75,498' 75,498 424 MUNICIPAL GOLF COURSE SYSTEM CIP 55.163 257,677 202,514 154.080 154,080 150,000 181,398 331,398 59,243 21,116 80,359 425' WATER'CIP 351;231 '2,1.32,262 1,781,031 4,886;219 85672 4;971,891 5,000,000 1',980,000 6,980,000 237,450 (113,297) 124,153, 426 WASTEWATER CIP 1,136,613 720,740 (415,873) 2,461,899 2,111,775 4,573,674 3.375,000 1,835,000 5,210,000 223,512 (139,098) 84,414 :,427' SURFACE! WATER CIP 802,578: 734:304" (68;274) 1,615,766 3;205,252 4,821,017 3,850,000 1,680,000 5,530,000 (1,431,65T 1,456,978 25,321 461 WATERWORKS BOND RESERVE - 106,377 106,377 106,377 106,377 471; "WATERWORKS RATE' STABILIZATION '90,320' 15.502 (74,818) 90;320 (74,818) 15,502 481 W/S BOND PROCEEDS 4,632 174,840 170,208 - - - 174,840 174,840 4,632 (4,632) - - '"501" EQUIPMENT RENTAL. 2,139,472' Z,366,730 227;2W ; 5,717,000 21,940' 5,738,940 31597,985 551,184 4,149,169 4,258,487 (301,986) 3,956.501 502 INSURANCE 9.981,919 10,710.432 728,513 3,108,355 - 3,108,355 8,090,273 - 8,090,273 5,000,001 728,513 5,728,514 503'.:INFORMATION SERVICES `378' 1,630,937 11530;559 4;287,319 9.750 4,297,069 4,287,316 960,866 5,248,202' 381 579,423 579,804 504 FACILITIES - - - 4,051,084 254.178 4305,262 4,051.084 254,178 4,305,262 - - - 5123 HEALTHCARE INSURANCE 2,986,268 3,780,354 -794,086 11,040;415 11;040,415 11,060,216 11,060,216 2,966,467 794,086 3,760,553 522 LEOFFI RETIREES HEALTHCARE 1,322,821 1,874,147 551,326 2,040,686 2040,686 1,979,217 1.979,217 1,384.290 551,326 1,935,616 611::.FIREMENS' PENSION ' 4,3",425 4;265;991:. '(120434) ,; 290,000 290,000 542,276 542,276, 4,134,149, (120,434.), 4;013,715 Total Other Funds 44,278,299 66,794,713 22,616,414 141,436,909 13,784,421 166,221,3 00 160,103,669 36.339,368 186,442,938 36,611,639 (38,634) 4,913,237 30,669,868 TOTAL ALL FUNDS 66,416,929 78,611,274 23,194,346 242,303,937 13,986,192 266,289,12, 261,672,423 37,203,924 288,876,347 46,048,443 (24,387) 4,913,237 41,110,819 CITY OF RENTON COUNCIL AGENDA BILL Q Ai Submitting Data: Public Works Department For Agenda of: Dept/Div/Board.. Transportation Systems Division April 6, 2009 Staff Contact...... Jim Seitz, Transportation Planning Agenda Status and Programming Supervisor Extension 7245 Consent .............. Subject: Public Hearing.. Consultant Agreement with WHPacific for Stage II Correspondence.. Lake Washington Trail South Lake Connector Project Ordinance ............. Resolution........... . Old Business........ New Business....... Exhibits: Issue Paper Study Sessions...... Consultant Agreement Information......... X Recommended Action: Approvals: Council Concur Legal Dept......... X Finance Dept...... Fiscal Impact (Fund #317 - Project #T12707) Expenditure Required... $ 72,464 Transfer/Amendment....... Amount Budgeted.. $1,165,795 Revenue Generated Amount Needed $ 72,464 City Share Total Project. $135,000 SUMMARY OF ACTION: For a number of years the City has been planning to construct the Lake Washington Trail South Lake Connector, also known as the Sam Chastain Trail, linking the Cedar River Trail and the Lake Washington Loop Trail. In July 2007, it became apparent that the trail could not be constructed with a connection across the north edge of the Boeing plant. The City reviewed its options and decided that constructing bicycle lanes on Logan Avenue North would achieve a significant benefit in the regional trail system. The City has since finished Stage I by constructing a southbound bicycle lane to North 6th Street and Logan Avenue North. Stage II will complete the connection to the Cedar River Trail. WHPacific will provide engineering design services for developing and evaluating alternatives for providing a non -motorized connection from the vicinity of North 6th Street and Logan Avenue North to the Cedar River Trail. A stakeholders group will be formed with members from the Public Works, Community Services and Community and Economic Development departments and outside stakeholders such as Boeing and the Renton School District to assist in the selection of the preferred alternative. The City has budgeted $1,165,795 in FY 2009 and FY 2010. The main revenue source for this project is a federal grant of $1,030,795, with the remaining $135,000 coming from Fund 317. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to sign the consultant agreement between WHPacific and the City of Renton for developing and evaluating alternatives for providing a non -motorized connection from North 6th Street and Logan Avenue North to the Cedar River Trail. PUBLIC WORKS DEPARTMENT \NT�� M E M O R A N D U M DATE: April 6, 2009 TO: Randy Corman, Council President Members of the Renton City Council VIA:J ,V Denis Law, Mayor FROM: Gregg Zimmerm i &c Works Administrator SUBJECT: Consultant Agreement with WHPacific for Stage II Lake Washington Trail South Lake Connector Project ISSUE: Should Council authorize the Mayor and City Clerk to sign a consultant agreement between WHPacific and the City of Renton for developing and evaluating alternatives for providing a non -motorized connection from the North 6th Street and Logan Avenue North to the Cedar River Trail? RECOMMENDATION: Authorize the Mayor and City Clerk to sign the consultant agreement between WHPacific and the City of Renton for developing and evaluating alternatives for providing a non -motorized connection from North 6th Street and Logan Avenue North to the Cedar River Trail. BACKGROUND: For a number of years the City has been planning to construct the Lake Washington Trail South Lake Connector, also known as Sam Chastain Trail, linking the Cedar River Trail and the Lake Washington Loop Trail. In July 2007, it became apparent that the trail could not be constructed with a connection across the north edge of the Boeing plant property. The City reviewed its options and decided that constructing bicycle lanes on Logan Avenue North would achieve a significant benefit in the regional trail system. The City has since finished Stage I by constructing a southbound bicycle lane to North 6th Street and Logan Avenue North. Stage 11 will complete the connection to the Cedar River Trail. SUMMARY OF ACTION: The work to be accomplished under this consultant agreement will be for WHPacific to provide engineering design services to the City of Renton for developing and evaluating alternatives for providing a non -motorized connection from the vicinity of North 6th Street and Logan Avenue Randy Corman, Council President Members of the Renton City Council April 6, 2009 Page 2 of 2 North to the Cedar River Trail. A stakeholders group will be formed with members from the Public Works, Community Services and Community and Economic Development departments, and outside stakeholders such as Boeing and the Renton School District to assist in the selection of the preferred alternative. The following four alternatives will be evaluated for this project: 1.) 5-foot bike lane each direction; 2.) a 10-12 foot multi -use path; 3.) re -striping of Logan Ave North to accommodate the bike lanes; and 4.) using North 6th Street as an option. Upon selection of preferred alternative, a supplemental scope of work will be prepared for providing engineering services to prepare plans, specifications, estimate, final environmental documentation, right-of-way acquisition and construction services. The City of Renton has budgeted $1,165,795 in FY 2009 and FY 2010. The main revenue source for this project is a federal grant of $1,030,795 with the remaining $135,000 coming from Fund 317. cc: Peter Hahn, Deputy PW Administrator — Transportation Leslie Betlach, Parks Director Suzanne Dale Estey, Economic Development Director Jim Seitz, Planning and Programming Supervisor Juliana Fries, Program Development Coordinator Connie Brundage, Administrative Secretary File HAFile Sys\TPP - Transportation Planning & Programming\WHPacifieConsultantAgreementlssuePaper.doc Local Agency Consultant/Address/Telephone WHPacific Standard Consultant 12100 NE 195th Street Agreement Suite 300 Bothell, WA 98011 ® Architectural/Engineering Agreement ❑ Personal Services Agreement 425-951-4800 Agreement Number Project Title And Work Description Stage 2 Lake Washington Trail Federal Aid Number STPE 1070 (6) (South Connector) Develop and evaluate alternatives Agreement Type (Choose one) ❑ Lump Sum Lump Sum Amount $ ® Cost Plus Fixed Fee Overhead Progress Payment Rate % Overhead Cost Method DBE Participation ❑ Yes N No % ❑ Actual Cost Federal ID Number or Social Security Number El Actual Cost Not To Exceed % 20-3966470 N Fixed Overhead Rate 173.40 % Do you require a 1099 for IRS? Completion Date Fixed Fee $ 5,996.00 N Yes ❑ No December 31, 0229 Total Amount Authorized $ 72,464.00 ❑ Specific Rates Of Pay ❑ Negotiated Hourly Rate ❑ Provisional Hourly Rate Management Reserve Fund $ ❑ Cost Per Unit of Work Maximum Amount Payable $ 72,464.00 Index of Exhibits (Check all that apply): N Exhibit A -I Scope of Work ❑ Exhibit A-2 Task Order Agreement . ❑ Exhibit 13-1 DBE Utilization Certification N Exhibit C Electronic Exchange of Data ❑ Exhibit D-1 Payment -Lump Sum N Exhibit D-2 Payment - Cost Plus ❑ Exhibit D-3 Payment - Hourly Rate ❑ Exhibit D-4 Payment - Provisional N Exhibit E-1 Fee - Lump/Fixed/Unit ❑ Exhibit E-2 Fee - Specific Rates N Exhibit F Overhead Cost N Exhibit G Subcontracted Work N Exhibit G-1 Subconsultant Fee THIS AGREEMENT, made and entered into this ❑ Exhibit G-2 Fee -Sub Specific Rates N Exhibit G-3 Sub Overhead Cost N Exhibit H Title VI Assurances N Exhibit I Payment Upon Termination of Agreement N Exhibit J Alleged Consultant Design Error Procedures N Exhibit K Consultant Claim -Procedures . ❑ Exhibit L Liability Insurance Increase N Exhibit M-1 a Consultant Certification N Exhibit M-lb Agency Official Certification N Exhibit M-2 Certification - Primary N Exhibit M-3 Lobbying Certification N Exhibit MA Pricing Data Certification ❑ App. 31.910 Supplemental Signature Page between the Local Agency of Renton, WA and the above organization hereinafter called the "CONSULTANT". day of Washington, hereinafter called the "AGENCY" DOT Form 140-089 EF Page 1 of 8 Revised 3/2008 WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. III General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY and/or such Federal, State, Community, City or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which wiq outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority Business Enterprises (MBE), and -Women Business Enterprises (WBE), shall be shown on the heading•of this AGREEMENT. If D/M/WBE firms are utilized, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY'S "DBE Program Participation Plan". The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. Page 2 of 8 IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager. VI Sub -Contracting The AGENCY permits sub -contracts for those items of work as shown in Exhibit "G" attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub -consultant work shall be based on the cost factors shown on Exhibit "G." The work of the sub -consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non -salary costs and fixed fee costs for the sub -consultant shall be substantiated in the same manner as outlined in Section V. All sub -contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub -consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub -contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for sub -contracting shall create, between the AGENCY and sub- contractor, any contract or any other relationship. A DBE certified sub -consultant is required to perform a minimum amount of their sub -contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a Page 3 of 8 third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. Vill Nondiscrimination During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d-4a) Federal -aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100-259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RC W 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "I" for the type of AGREEMENT used. No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. Page 4 of 8 In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided, however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J", and disputes concerning claims will be conducted under the procedures found in Exhibit "K". XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located. Page 5 of 8 XIII Legal Relations The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted and construed in accordance with. the laws of the _ State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.123, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental agreement, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L". In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. Page 6 of 8 The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIV Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in the services to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment", hereafter referred to as "CLAIM", under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit "M-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M -2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "M-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M-4" Certificate of Current Cost or Pricing Data. Exhibit "M-3" is required only in AGREEMENTS over $100,000 and Exhibit "M-4" is required only in AGREEMENTS over $500,000. XVIII Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. Page 7 of 8 In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. By By Consultant David Williams Agency DOT Form 140-089 EF Revised 3/2008 Page 8 of 8 Exhibit A-1 Scope of Work City of Renton/WHPacific Stage 2 Lake Washington Trail (South Connector) Project The work to be accomplished under this Agreement will be for WHPacific (CONSULTANT) to provide engineering design services to the City of Renton (CITY) for developing and evaluating alternatives for providing a non -motorized connection from the vicinity of N 6"' Street/ Logan Ave N to the Cedar River Trail. Upon selection of preferred alternative, a supplement scope of work will be prepared for providing engineering services to prepare plans, specifications, estimate, final environmental documentation, right of way acquisition and construction services. The project designs and PS&E will be based on the requirements of the City of Renton Standards, the Washington State Department of Transportation Local Agency Guidelines and Design Manuals, MUTCD, and AASHTO design standards. 1.0 Project Management and Administration The CONSULTANT will provide contract management and administration services for the project, to include: developing and maintaining project scope and budget, liaison with CITY staff, and preparing monthly narrative progress reports and invoices. The CONSULTANT will attend project coordination meetings, provide information for CITY staff coordination meetings (as requested), and respond to public concerns through communication with CITY staff. The CONSULTANT will attend up to two (2) project coordination meetings with the CITY staff to review alternatives. One of the meetings may include the Boeing Company. The CONSULTANT will prepare meeting notes and distribute to participants. The CONSULTANT will complete a quality control check prior to submitting work for the CITY's review. A quality control check will be used to confirm that the design work follows CITY and LAG Manual standards and that the work is professional quality meeting industry standards. The quality control check will include review of engineering, drafting and clerical errors or omissions. The CONSULTANT shall subcontract work items to the following firm: Landau & Associates .(geotechnical investigation and environmental documentation). The CONSULTANT shall coordinate with Landau & Associates regarding contracting procedures, prepare and execute a contract, and address contract related issues as they arise during the project. Deliverables: • Monthly Progress Reports/Invoices • Project Meeting Agendas and Notes 2.0 Data Collection and Review The CONSULTANT will collect existing data pertinent to the project that is available from the CITY, other agencies, franchise utilities, and appropriate sources. The data will include survey control data, right-of-way information, legal descriptions, topographic surveys, existing utility locations, planned utility locations, plans for other roadway improvements common to this project, information from recent and proposed private developments Page 1 including plans and reports, planning documents, and previous reports and documents pertaining to the project corridor. The CONSULTANT's key project personnel will visit the project site and familiarize themselves with the site conditions, review the existing topographic map for completeness and the data that is collected for the project. Ground -level photographs will be obtained during the site visits for design references. The CITY will be responsible for obtaining and maintaining right -of -entry permits for the CONSULTANT to enter properties adjacent to the project. 3.0 Utility Coordination The CONSULTANT will collect and review existing utility information pertinent to the project that is available from the CITY. The CONSULTANT will contact utility companies to obtain existing utility plans. The data will include existing and planned utility locations. No meetings with the Utilities are planned for this phase of work. The anticipated utility companies involved are power, telephone, cable, and gas. 4.0 Environmental Review Feasibility Screening and Alternative Evaluations The CONSULTANT will prepare preliminary evaluation and cost estimates for permitting requirements,. environmental considerations, and archeological requirements associated with the alternatives. CONSULTANT will: • Prepare a GIS-based map layer set that illustrates sensitive natural resources, including documented wetlands, Cedar River, buffer zones associated with wetlands and the river, floodplains, Historic District boundaries, and other potential constraints. This overlay will also include areas of planned or proposed resource enhancements provided by the City, such as stream restoration efforts, proposed recreational improvements, and other proposed improvement projects. • Prepare a permitting summary matrix for the alternatives. • Prepare a matrix summarizing environmental considerations that would be associated with trail construction/placement. • Provide general permit/compliance requirements (i.e., trigger points, level of project completion required for submittal, public involvement, etc.) for the alternatives. • Determine the permitting/compliance schedule for each alternatives including the time required for National Environmental Policy Act (NE;PA), State Environmental Policy Act (SEPA). and. possible Shoreline Management Act- compliance, mitigation, and permitting. (NEPA and SEPA, preparation and compliance and permit application preparation are not part of this Scope of Services. If such services are requested, a scope and budget amendment will be required.) • Prepare a technical summary that addresses the cultural resources, critical area/sensitive species, and other environmental permitting/compliance required for resources located in or near the project area and describes recommendations for further work. • Participate in an internal evaluations meeting to review environmental, permitting, archaeological, and. Historical District considerations with the project team. Assumptions: Page 2 • No consultation with agencies or tribal agencies will be necessary. Deliverables: • A technical memorandum documenting the environmental documentation and permitting requirements evaluation. The memorandum will include matrices (a permitting summary matrix and an environmental considerations matrix and summaries of considerations and findings for the alternatives. Critical Area Resources and Sensitive Species Information Gathering The purpose of this task is to identify required documentation for permitting impacts to critical areas including wetlands, streams, and/or buffer habitat, and sensitive species. CONSULTANT will: • Identify and characterize sensitive areas (wetlands, streams, and buffers) and floodplains in the study area. Wetland delineations will not be conducted, but wetland values and functions sufficient to assign buffers will be generally characterized based on field reconnaissance. • Obtain current species and habitat information from National Marine Fisheries Service (NMFS), U.S. Fish and Wildlife Service (USFWS), and Washington Department of Fish and Wildlife (WDFW) Priority Habitats and Species database, and Washington Department of Natural Resources Heritage Data. • Review the City's Shoreline Master Program. Assumptions • The efforts do not include formal delineation of wetland or other critical area resources. • Meetings with agency staff [National Oceanic and Atmospheric Administration (NOAA), U.S. Fish & Wildlife Service (USFWS)] are not included in this proposal. Deliverables: • Background research and site observations to be used in Task 1. Cultural and Historic Resources Information Gathering The proposed undertaking will eventually need to address the requirements of identifying the potential for cultural resources within the project area as well as the impacts both direct and indirect of the proposed undertaking on any identified cultural resources per Section 106 of the National Historic Preservation Act (NHPA 36 CFR 800). This task involves identifying existing and potential historic resources. Project Mobilization and Records Search A CONSULTANT archaeologist will conduct a records search for the overall project area at the Department of Archaeology and Historic Preservation (DAHP) prior to the field site visit. Cultural resources staff will review cultural resource records, reports, National Register of -Historic Places (National Register) nomination forms, and historic property inventory forms on file at DAHP. This information wilMelp us determine if any archaeological or historic sites have been previously recorded within or adjacent to the project area. The results of the background research would be used to supplement a fornial identification of an Area of Potential Effects (APE) that would be drafted in a letter once the Preferred Alternative was identified. The cost for drafting an APE letter is not included in this scope. Deliverable: • Background research to be used in Tasks 1. Site Visit Page 3 A CONSULTANT archaeologist will conduct field reconnaissance of the project area, paying particular attention to those areas with a high probability of containing archaeological materials, such as along the banks of the Cedar River. In addition, the archaeologist will also look at the built environment to determine an approximation of the number of historical buildings (i.e., structures that are at least 50 years old) within the project area. Formal identification of parcels containing historical buildings would be recommended once a Preferred Alternative is identified, but such efforts are not included in this scope and budget. If archaeological materials are observed during the reconnaissance, CONSULTANT will not fully record any sites or isolates, but will photograph the area, note visible materials, and record their locations. The presence of these materials will be included in the feasibility evaluation with recommendations for a detailed cultural resources assessment, which would include subsurface testing and/or monitoring and architectural inventorying of historical buildings. Assumptions: • No archaeological sites, archaeological isolated finds or human skeletal remains will be identified during the reconnaissance. The efforts do not constitute a formal cultural resources assessment but a feasibility study only with recommendations for a formal approach once a Preferred Alternative is identified. Deliverable: • Summary of site observations to be used in Task l . 5.0 Alternatives Development and Evaluation The CONSULTANT will evaluate four (4) alternatives for the South Connector Project. The four alternatives are: 1) 5 foot bike lane each direction, 2) 10 foot shared path, new or using existing sidewalks, 3) restriping of Logan Ave N to accommodate the bike lanes, and 4) using N 61h Street as an option. Each alternative will include a plan, typical cross sections and channelization plan. The CONSULTANT will prepare a memorandum that will provide the basis for selection of preferred alternative. The memorandum will include the following elements: A. Project Summary— A review of the project objectives and how the alternatives meet those objectives. B. Preliminary Engineering — A discussion of the methodology, existing conditions and design criteria, and standards used in the approach to the preliminary designs. C. Evaluation of Design Alternatives — A presentation of design alternatives studied, and justification for selection or non -selection. Evaluations will consider costs, right-of-way acquisition, storm water collection, potential utility conflicts, traffic, environmental and permitting issues. D. Proposed Improvements — A review of the technical elements comprising the proposed improvements, including grading, design criteria, vehicle turning movements and sight distance. E. Cost Estimate — A summary of the estimated costs associated with the completion of the proposed improvements. Anticipated costs will be identified for design engineering, right-of-way acquisition, construction, and construction management. F. Concept Plans — Plans for the improvements will consist of a channelization plan, typical section and cross sections. The plans will be prepared using AutoCAD 2008 software and APWA standard symbols. G. Review Comments — CITY review comments will be addressed and incorporated into the concept plans and report. Assumptions: • CITY will review concept plan documents and provide one set of review comments. Deliverables: • An electronic (AutoCAD 2008) copy and paper copy of concept plans. • An electronic (PDF) copy and paper copy of design memorandum. Page 4 6.0 Optional Services Upon written approval by the CITY, the CONSULTANT will provide engineering services beyond this Scope of Work. Services may include: 1) Field Surveys and Base Mapping for spot topographic features needed to complete design 2) Geotechnical Review 3) Roadway Storm Drainage Analysis and Report 4) Right of Way Plans 5) Right of way Acquisition 6) Final PS&E Documents 7) Advertise and Award 8) Construction Engineering 9) Final NEPA and SEPA documents Such work will be specified in a written supplement to this agreement, which will establish the scope and costs. 7.0 Schedule The CONSULTANT will begin work upon the CITY issuing a notice to proceed for the work. This work can be completed in two (2) months. Page 5 Exhibit C Electronic Exchange of Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: I. Surveying, Roadway Design & Plans Preparation Section A. Survey Data B. Roadway Design Files C. Computer Aided Drafting Files D. Specify the Agency's Right to Review Product with the Consultant E. Specify the Electronic Deliverables to Be Provided to the Agency F. Specify What Agency Furnished Services and Information Is to Be Provided II. Any Other Electronic Files to Be Provided III. Methods to Electronically Exchange Data A. Agency Software Suite B. Electronic Messaging System C. File Transfers Format DOT Form 140-089 EF Exhibit C Revised 6/05 Exhibit D-2 Payment (Cost Plus a Fixed Fee) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work specified in Section II, "Scope of Work." The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, overhead, direct non -salary costs, and fixed fee. 1. Direct Salary Costs: The Direct Salary Cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Overhead Costs: Overhead Costs are those costs other than direct costs, which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the rate shown in the heading of this AGREEMENT under "Overhead Progress Payment Rate." Total overhead payment shall be based on the method shown in the heading of the AGREEMENT. The two options are explained as follows: Fixed Rate: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT for overhead at the percentage rate shown. This rate shall not change during the life of the AGREEMENT. b. Actual Cost: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT the actual overhead costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summary of the CONSULTANTS cost estimate and the overhead computation is shown in Exhibit "E" attached hereto and by this reference made part of this AGREEMENT. When an Actual Cost method is used, the CONSULTANT (prime and all sub -consultants) will submit to the AGENCY within six (6) months after the end of each firm's fiscal year, an overhead schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for the purpose of adjusting the overhead rate for billing purposes. It shall be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's overhead cost to reflect the actual rate. DOT Form 140-089 EF Exhibit D-2 Revised 6/08 Failure to supply this information by either the prime CONSULTANT or any of their sub - consultants shall cause the AGENCY to withhold payment of the billed overhead costs until such time as the required information is received and an overhead rate for billing purposes is _ approved. The AGENCY, STATE and/or the Federal Government may perform an audit of the CONSULTANT'S books and records at any time during regular business hours to determine the actual overhead rate, if they so desire. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and sub - consultant costs. a. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the AGENCY'S Travel Rules and Procedures. However, air, train, and rental car costs shall be reimbursed in accordance with 48 CFR Part 31.205-46 "Travel Cost b. The billing for Direct Non -Salary Costs shall include an itemized lasting of the charges directly identifiable wh the PROJECT. c. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. All above charges must be necessary for the services provided under this AGREEMENT. 4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in the heading of this AGREEMENT under Fixed Fee. This amount does not include any additional Fixed Fee, which could be authorized from the Management Reserve Fund. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person - hours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX entitled "Termination of Agreement." Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XIV, "Extra Work."6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the calculated overhead and fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct Salary, Direct Non -Salary, and allowable Overhead Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed salary costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit, all required adjustments will be made and.reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT . will refund such overpayment to the AGENCY within thirty (30) days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. D. Inspection of Cost Records: The CONSULTANT and their sub -consultants shall keep available for inspection by representatives of the AGENCY, STATE and the United States, for a period of three (3) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this contract is initiated before the expiration of the three (3) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. CONSULTANT FEE ESTIMATE WHPR—ifi7c Exhibit E-1 Client: City of Renton Project: Stage 2 Lake Washington Trail (South Connector) LABOR: WHPACIFIC PROJECT TEAM " Protect = Design CADD Survey ;''Survey - 2 , Project TASK Principal 'Manager : Engineer : Technician . Party Chief Pers. Crew Coord. Clerical TOTAL LABOR NO. - .TASK (Scope of Services) .`70.0o Mob. 45.06 30 o0 40.00 ' . ''50.00 ': 25.00 22.00 HOURS COST 1.0 PROJECT MANAGEMENT AND ADMINISTRATION 5 34 14 0 0 0 6 4 63 $3 258 1.01 Contract Management and Administration 1 6 2 2 1.02 Monthly Proress Reports and Invoices 2 2 1.03 Manage and Coordination with Subs 2 2 1.04 QA/QC 4 16 6 1.05 Pro'ect Meetin / Minutes 2 meetings) 8 8 2 2.0 DATA COLLECTION AND REVIEW 0 8 14 4 0 0 0 0 26 $1 230 2.01 InRial Site Visit b Key Personnel 8 8 2.02 Review Existin Data Pertinent to the Pro'ect 1 1 4 3.0 UTILITY COORDINATION 0 0 8 8 0 0 0 0 16 $600 3.01 Collect Data 8 8 4.0 ENVIRONMENTAL REVIEW LANDAU ASSOCIATES 5.0 ALTERNATIVES DEVELOPMENT AND EVALUATION 0 35 184 io4—T 0 0 6 0 329 $13 650 5.01 Project Summary 1 16 2 5.02 Preliminary Engineering 4 24 5.03 Evaluation of Design Alternatives 16 64 24 2 5.04 Cost Estimate 4 32 24 5.05 Concept Plans 8 32 40 5.06 Address Review Comments 2 16 16 2 Labor Subtotal 5 77 220 116 0 0 12 1 4 1 $18 738 Overhead Percentage: 173.40 % x Direct Salary Cost (DSC) $32,492 Fixed Fee Percenage: 32.00% x Direct Salary Cost (DSC) $5,996 Labor Total: $57,226 EXPENSES: . �. � - UNIT EXPENSES REM QUANTITY COST COST Mileage 150 $0.585 $88 $150 Plots and Reproductions 50 $3.00 $0 Title Reports 0 $500 Expenses Total: $238 SUBCONSULTANTS: ., .MARK.: SUBCO NSULTANT SUBCONSULTANT• 'FEE' --UP COST Landau Associates $15,000 1.0 $15,000 Subconsultants Total: $15,000 TOTAL PROJECT FEE: 641 WHPacific, Inc. Schedule of Indirect Costs For the Fiscal Year Ended September 30, 2007 Amount per Unit Cost Revised Unallowable FAR 2007 Description G/L Adjustment Amount Costs Cites Total Direct labor Payroll Burden: Fringe benefits Other payroll related costs Total payroll burden Other Indirect Costs: Indirect Labor Travel Freight Legal Consulting Occupancy Communications Insurance Depreciation Property maintenance and taxes Equipment rent and operations Office operations Business development Advertising Entertainment Contributions Bad debts Other Gain on sale of assets Interest Taxes, other than property Allocated administrative costs Total other indirect costs: Total indirect costs $ 26,347,792 $ 26,347,792 $ $ 26,347,792 $ 16,525,610 $ 16,525,610 $ (32,169) (11) $ 16.493,442 1 $ 2198,082 $ 2,198,082 $ (2834) (3) $ 2,195,248 u $ 18,723,692 $ (35,003) $ 18,688,690 $ 13,308,589 $ 13,308,589 $ $ 13,308,589 $ . 996,059 $ 996,059 $ (25,390) (6) $ 970,669 $ 134,900 $ 3,782 $ 131.118 $ $ 131,118 $ 581,761 $ 581,781 $ (6,757) (8) $ 575,024 $ 820,890 $ 820,890 $ $ 820,890 $ 4,122,799 $ 4,122.799 $ - $ 4,122,799 $ 554,900 $ 44,402 $ 510,498 $ $ 510,498 $ 910,822 $ 19,661 $ 891,161 $ $ 891,161 $ '3,029,338 $ 98,119 $ 2,931.2207 $ (1,023,000) (10) $ 1,908,220 $ 97,561 $ 97,561 $ $ 97,561 $ 1,303,781 $ 204,395 $ 1,099,387 $ $ 1,099,387 $ 2,408,874 $ 110,354 $ 2,298,520 $ (2,472) (5)(3) $ 2,296,048 $ 164,749 $ 164,749 $. (15,274) (1)(2)(3) $ 149,475 $ 431,626 $ 431,626 $ (302,592) (2) $ 129,034 $ 45,477 $ 45,477 $ (46,477) (1) $ - $ 35,740 $ 35,740 $ (35,740) (7)(4) $ $ 499,970 $ 499,970 $ (499,970) (8) $ $ (55,902) $ (55,902) $ $ (55,902) $ (33,840) $ (33,840) $ $ (33,840) $ 542,102 $ _ 542,102 $ (542,102) (5)(9) $ - $ 899,417 $ 899,417 $ (496,408) (12) $ 403,009 $ (623,408) $ (623,408) $ $ (623,408) $ 30,176,226 $ 480,713 $ 29,695,513 $ (2,995,180) $ 26,700,333 $ 48,899 918 $ 480.713 $ 48,419 206 $ (3,030,183) $ 45,389,023 Overhead Rate: 172.27% Cost of Money Rate 1.14% Combined Rate 173.40% FAR Cites: (1) 31.205-14 Entertainment (2) 31.205-1 Public Relations and Advertising Costs (3) 31.205-1(f)(7) Public Relations and Advertising (4) 31.205-22 Lobbying and Political Activity Costs (5) 31-205-15 Fines & Penalties, and Mischarging Costs (6) 31.205-46 Travel Costs (7) 31.205-8 Contributions or Donations (8) 31.205-3 Bad Debts (9) 31.205-20 Interest and Other Financial Costs (10) 31-205-49 Goodwill (11) 31.205-6 (m)(2) Compensation for Personal Services (12) 31.205-41 Taxes Exhibit G Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: Environmental Servie Landa11 AssoLi2tes) DOT Form 140-089 EF Exhibit G Revised 6/05 LANDAU ASSOCIATES March 13, 2009 WHPacific 3350 Monte Villa Parkway Bothell, Washington 98021 Attn: Mr. Sam Richard RE: PROPOSAL FOR NATURAL RESOURCE AND PERMITTING SERVICES STAGE 2 LAKE WASHINGTON TRAIL (SOUTH CONNECTOR) PROJECT RENTON, WASHINGTON Dear Mr. Richard: Landau Associates is pleased to present this proposed scope of services and cost estimate for natural resource and permitting services for the Stage 2 Lake Washington Trail (South Connector) Project in Renton, Washington. The proposed scope of services presented in this letter is based on discussions with and information provided by WHPacific. Presented below is a summary of our project understanding and proposed scope of services. PROJECT BACKGROUND The work required includes developing and evaluating alternatives for providing a non -motorized connection (Trail) from the vicinity of N 6th St/Logan Ave N and connecting to the Cedar River Trail. The proposed trail improvements may include a buffered combined pedestrian -bicycle path and revisions to the existing signal systems in order to accommodate the proposed improvements. A preliminary step in determining a preferred alternative is to conduct a feasibility analysis, in part, to determine environmental permitting and associated documentation requirements for the alternatives to assist in the preferred alternative selection process. PROPOSED SCOPE OF SERVICES The following sections define Landau Associates' tasks for natural resource and permitting services for the proposed intersection improvements project. n ENVIRONMENTAL I GEOTECHNICAL I NATURAL RESOURCES 130 2nd Avenue South • Edmonds, WA 98020 • (425) 778-0907 • fax (425) 778-6409 • wvwv.landouinc.com SEATTLE • SPOKANE • TACOMA • PORTLAND TASK I. FEASIBILITY SCREENING AND ALTERNATIVE EVALUATIONS Landau Associates will assist WHPacific and the City with feasibility -level evaluations for the Trail alternatives. This includes assisting with the development of preliminary concepts of alternatives that will facilitate selection of a preferred alternative, including preliminary evaluation and cost estimates for pennitting requirements, environmental considerations, and archeological requirements associated with the alternatives. Tasks include: Prepare a GIS-based map layer set that illustrates sensitive natural resources, including documented wetlands, Cedar River, buffer zones associated with wetlands and the river, floodplains, Historic District boundaries, and other potential constraints. This overlay will also include areas of planned or proposed resource enhancements provided by the City, such as stream restoration efforts, proposed recreational improvements, and other proposed improvement projects. • Prepare a permitting summary matrix for the alternatives. • Assist in preparing a matrix summarizing environmental considerations (not including traffic) that would be associated with Trail construction/placement. • Provide general permit/compliance requirements (i.e., trigger points, level of project completion required for submittal, public involvement, etc.) for the alternatives. • Determine the permitting/compliance schedule for each alternative, including the time required for National Environmental Policy Act (NEPA), State Environmental Policy Act (SEPA) and possible Shoreline Management Act compliance, initigation, and permitting. (NEPA and SERA, preparation and compliance and permit application preparation are not part of this Scope of Services. If such services are requested, a scope and budget amendment will be required.) We will prepare a technical summary that addresses the cultural resources, critical area/sensitive species, and other environmental permitting/compliance required for resources located in or near the project area and describes recommendations for further work. Participate in an internal evaluations meeting to review environmental, permitting, archaeological, and Historical District considerations with the project team. Assumptions: • No more than three alternatives will be considered • No consultation with agencies or tribal agencies will be necessary. Deliverables: • A technical memorandum documenting the environmental documentation and permitting requirements evaluation. The memorandum will include matrices (a permitting summary matrix and an environmental considerations matrix and summaries of considerations and findings for the three alternatives. 3/13/09 \\Edmdata\sharedoc\000proposal\WHPacific\C_Renton\Lk WA Trail\Lake WA trail NR Proposal (3).doc t.ANDAu ASSOCIATES 2 • Attendance and participation at one meeting for the purposes of identifying a preferred alternative. Task 2. Critical Area Resources and Sensitive Species Information Gathering The purpose of this task is to identify required documentation for permitting impacts to critical areas including wetlands, streams, and/or buffer habitat, and sensitive species. We will: • Identify and characterize sensitive areas (wetlands, streams, and buffers) and floodplains in the study area. Wetland delineations will not be conducted, but wetland values and functions sufficient to assign buffers will be generally characterized based on field reconnaissance. • Obtain current species and habitat information from National Marine Fisheries Service (NMFS), U.S. Fish and Wildlife Service (USFWS), and Washington Department of Fish and Wildlife (WDFW) Priority Habitats and Species database, and Washington Department of Natural Resources Heritage Data. • Review the City's Shoreline Master Program. Assumptions • The efforts do not include fornial delineation of wetland or other critical area resources. • Meetings with agency staff [National Oceanic and Atmospheric Administration (NOAA), U.S. Fish & Wildlife Service (USFWS)] are not included in this proposal. Tlalivarahlr c• • Background research and site observations to be used in Task 1. Task 3. Cultural and Historic Resources Information Gathering The proposed undertaking will eventually need to address the requirements of identifying the potential for cultural resources within the project area as well as the impacts both direct and indirect of the proposed undertaking on any identified cultural resources per Section 106 of the National Historic Preservation Act (NHPA 36 CFR 800). This task involves identifying existing and potential Historic resources. Project Mobilization and Records Search A Landau Associates archaeologist will conduct a records search for the overall project area at the Department of Archaeology and Historic Preservation (DAHP) prior to the field site visit. Landau Associates cultural resources staff will review cultural resource records, reports, National Register of Historic Places (National Register) nomination forms, and historic property inventory forms on file at 3/13/09\\Edmdata\sharedoc\000proposal\WHPaci0c\C_Renton\Lk WA Trail\Lake WA trail NR Proposal (3).doc LANDAu ASSOCIATES . P 3 DAHP. This information will help us determine if any archaeological or historic sites have been previously recorded within or adjacent to the project area. The results of the background research would be used to supplement a formal identification of an Area of Potential Effects (APE) that would be drafted in a letter once the Preferred Alternative was identified. The cost for drafting an APE letter is not included in this scope. Deliverable: • Background research to be used in Tasks 1. Site Visit A Landau Associates archaeologist will conduct a partial day field reconnaissance of the project area, paying particular attention to those areas with a high probability of containing archaeological materials, such as along the banks of the Cedar River. In addition, the archaeologist will also look at the built environment to determine an approximation of the number of historical buildings (i.e., structures that are at least 50 years old) within the project area. Formal identification of parcels containing historical buildings would be recommended once a Preferred Alternative is identified, but such efforts are not included in this scope and budget. If archaeological materials are observed during the reconnaissance, Landau Associates will not fully record any sites or isolates, but will photograph the area, note visible materials, and record their locations. The presence of these materials will be included in the feasibility evaluation with recommendations for a detailed cultural resources assessment, which would include subsurface testing and/or monitoring and architectural inventorying of historical buildings. Assumptions: • Site access will be reasonable and unrestricted. • No archaeological sites, archaeological isolated finds or human skeletal remains will be identified during the reconnaissance. • The efforts do not constitute a fonnal cultural resources assessment but a feasibility study only with recommendations for a formal approach once a Preferred Alternative is identified. Deliverable: • Summary of site observations to be used in Task 1. ESTIMATED COST We estimate the cost for our proposed scope of services will be $15,000 in general accordance with the following approximate breakdown: 3/13/09\\Edmdata\sharedoc\000proposal\WHPacific\C_Renton\Lk WA Trail\Lake WA trail NR Proposal (3).doc LANDAU ASSOCIATES 4 Feasibility Screening and Alternative Evaluations $8,200 Critical Area Resources and Sensitive Species $3,400 Cultural Historic Resources $3,400 ESTIMATED TOTAL $15,000 We propose to provide the above -described services on a cost plus fixed fee basis according to the budget set forth above. In the event that project requirements change or unexpected conditions are disclosed that appear to require further field effort, study, or analysis, we will contact you and seek your approval for modification to the scope of services and budget, as appropriate. AUTHORIZATION We anticipate that you will develop a subconsultant ab -eement consistent with other agreements between WHPacific and Landau Associates to formalize our working relationship on this project. Please let us know how we can assist you in that process. We appreciate the opportunity to work with WHPacific and the City of Renton on this project. Please contact us if you have any questions about our proposed scope of services and budget for this project. LANDAU ASSOCIATES, INC. Steven J. Quartennan Senior Project Scientist Doug Tingwall Senior Project Archeologist SJQ/DFT/rgm Attachments: Table 1 — Feasibility Screening and Alternative Evaluations Fee Determination Summary Sheet Table 2 — Critical Area Resources and Sensitive Species Fee Detennination Summary Sheet Table 3 — Cultural and Historic Resources Fee Detennination Summary Sheet 3113/09 \\Edmdala\sharedoc\000proposal\WHPacific\C_Renton\Lk WA Trail\Lake WA trail NR Proposal (3).doc LANDAU ASSOCIATES 5 Table 1 Fee Determination Summary Sheet PROJECT NAME: Feasibility and Alternative Eval. USING 2008— SALARIES DIRECT SALARY COST (DSC): Typical Classification(b) Hours x Rate"' = Cost Principal' 65.00 $ Senior Associate 56.00 $ Associate 8 47.00 $ 376.00 Senior 41.00 $ - GIS Specialist 39.00 $ - Senior Project 45 36.00 $ 1,620.00 Project 33.00 $ - GIS Analyst 27.00 $ - Senior Staff 4 31.00 $ 124.00 Senior CAD 4 _ 30.00 $ 120.00 Staff / Senior Technician II 24.00 $ - Assistant / Senior Technician I 20.00 $ - Project Coordinator 4 28.00 $ 112.00 CAD/GIS Technician 25.00 $ - Technician 17.00 $ Support Staff 17.00 $ TOTAL DSC $ 2,352.00 OVERHEAD (OH COST - including salary additives): OH Rate of 216,51 %(') x DSC FIXED FEE (FF): FF Rate of 30% x DSC REIMBURSABLES: Travel expenses PHS Data Acquisition Lab equipment Reproduction and computer expenses- Subcontract (driller) TOTAL REIMBURSABLES TOTAL 2.1651 x $ 2,352.00 = $ 5,092.32 0.30 x $ 2,352.00 = $ 705.60 $ 20.00 $ 30.08 $ 50.08 $ 8,200.00 (a) Rates shown reflect the typical compensation rate of employees assigned to the billing category listed. Each category may have multiple employees assigned to that billing category and each employee may have a different hourly rate of pay. Employee compensation is subject to adjustment annually. (b) Classifications shown are general, the actual invoice will show our employee's specific discipline for e.g. Senior Engineer, Senior Geologist, Senior Planner. (c) Per WSDOT analytical review of Landau Associates' financial statements for the year ended 6/30/07.. Excludes CEO and COO " These rates are rounded up to the dollar as of 12/6/2007 3/1312009\\Edmdata\sharedoc\000proposaPTEMPLATE\overhead mulliplier\Feasibility Fee Determination Summary Template.xis 2008 Table 2 Fee Determination Summary Sheet PROJECT NAME: Critical Area and Sens. Species USING 2008- SALARIES DIRECT SALARY COST (DSC): Typical Classification(b) Hours x Rate"' = Cost Principal' 65.00 $ Senior Associate 56.00 $ Associate 47.00 $ Senior 41.00 $ GIS Specialist 39.00 $ Senior Project 17 36.00 $ 612.00 Project 33.00 $ - GIS Analyst 27.00 $ - Senior Staff 9 31.00 $ 279.00 Senior CAD 30.00 $ - Staff / Senior Technician II 24.00 $ Assistant / Senior Technician 1 20.00 $ Project Coordinator 28.00 $ CAD/GIS Technician 2 25.00 $ 50.00 Technician 17.00 $ - Support Staff 17.00 $ - TOTAL DSC $ 941.00 OVERHEAD (OH COST- including salary additives): OH Rate of 216.51 %t`I x DSC FIXED FEE (FF): FF Rate of 30% x DSC REIMBURSABLES: Travel expenses PHS Data Acquisition Lab equipment Reproduction and computer expenses Subcontract (driller) TOTAL REIMBURSABLES TOTAL 2.1651 x $ 941.00 = $ 2,037.36 0.30 x $ 941.00 = $ 282.30 $ 40.00 $ 55.00 $ 44.34 = $ 139.34 $ 3,400.00 (a) Rates shown reflect the typical compensation rate of employees assigned to the billing category listed. Each category may have multiple employees assigned to that billing category and each employee may have a different hourly rate of pay. Employee compensation is subject to adjustment annually. (b) Classifications shown are general, the actual invoice will show our employee's specific discipline for e.g. Senior Engineer, Senior Geologist, Senior Planner. (c) Per WSDOT analytical review of Landau Associates' financial statements for the year ended 6/30/07.. " Excludes CEO and COO These rates are rounded up to the dollar as of 12/6/2007 3/13/2009 \\Edmdata\sharedoc\000proposal\TEMPLATE\overhead multiplier\Crit Area Fee Determination Summary Template.xls 2008 Table 3 Fee Determination Summary Sheet PROJECT NAME: Cultural and Historic Resources USING zoos — SALARIES DIRECT SALARY COST (DSC): Typical Classification(b) Hours x Rate"' Cost Principal' 65.00 $ Senior Associate 56.00 $ Associate 4 47.00 $ 188.00 Senior 41.00 $ - GIS Specialist 39.00 $ - - Senior Project 14 36.00 $ 504.00 Project 33.00 $ - GIS Analyst 27.00 $ - Senior Staff 7 31.00 $ 217.00 Senior CAD 30.00 $ - Staff / Senior Technician II 24.00 $ Assistant / Senior Technician 1 20.00 $ Project Coordinator 1 28.00 $ 28.00 CAD/GIS Technician 25.00 $ - Technician 17.00 $ Support Staff 17.00 $ TOTAL DSC $ 937.00 OVERHEAD (OH COST - including salary additives): OH Rate of 216.51 °%I`I x DSC 2.1651 x $ 937.00 = $ 2,028.70 FIXED FEE (FF): FF Rate of 30% x DSC 0.30 x $ 937.00 = $ 281.10 REIMBURSABLES: Travel expenses $ 33.20 PHS Data Acquisition $ - Lab equipment $ - Reproduction and computer expenses $ 120.00 Subcontract (driller) $ - TOTAL REIMBURSABLES = $ 153.20 TOTAL $ 3,400.00 (a) Rates shown reflect the typical compensation rate of employees assigned to the billing category listed. Each category may have multiple employees assigned to that billing category and each employee may have a different hourly rate of pay. Employee compensation is subject to adjustment annually. (b) Classifications shown are general, the actual invoice will show our employee's specific discipline for e.g. Senior Engineer, Senior Geologist, Senior Planner. (c) Per WSDOT analytical review of Landau Associates' financial statements for the year ended 6/30/07..- . Excludes CEO and COO ** These rates are rounded up to the dollar as of 12/6/2007 3/13/2009\\Edmdata\sharedoc\000proposal\TEMPLATE\overhead multiplier\Cult Res Fee Determination Summary TemplateAs 2008 Landau associates, Inc. Overhead Schedule Fiscal Year Ended June 30, 2007 % of Income Landau WSDOT Accepted Direct Description Statement Adj.. Adj. Ref. Amount Labor Direct Labor $2,740,431 ($7,846) A $2,732,585 Fringe Overhead Labor $1,875,092 ($4,151) A $1,870,941 68.47% Vacation/Sick Leave/Holidays - 585,443 585,443 21.42% Payroll Taxes 467,324 467,324 17.10% Medical Insurances 375,196 375,196 13.73% Bonus/Severance 424,613 (4,650) B 419,963 15.37% Profit Sharing/ESOP 250,525 250,525 9.17% Total Fringe $3,978,193 ($8,801) $3,969,392 145.26% General Overhead Field/Laboratory $84,485 ($84,485) C $0 0.00% Temporary Help 34,024 - 34,024 1.25% Health & Safety 11,479 11,479 0.42% r ge & Vehicle 69,433 (65,969) D 3,464 0.13% Travel & Lodging 50,859 (7,292) E 43,567 1.59% Office Supplies/Equipment 136,333 (23,177) F 113,156 4.14% Computer: Supplies/Maintenance 41,816 41,816 1.53% Postage 17,272 17,272 0.63% Telecommunications 78,969 78,969 2.89% Tax & License 197,239 197,239 7.22% Professional License & Dues 39,928 (2,672) O 37,256 1.36% Building Expense 571,159 571,159 20.90% Insurance 103,041 103,041 3.77% Depreciation 208,470 (69,109) G 139,361 5.10% Imputed Cost of Money 27,510 3,526 P 31,036 1.140/. Technical References' 9,018 9,0-18 0.33% Recruiting 14,387 (2,707) H 11,680 0.43% - Education Cost 100,077 100,077 3.66% Personnel Relations 46,058 (10,246) 1 35,812 1.31% Professional Services 206,666 (1,921) J 204,745 7.49% Marketing Expenses 196,982 (24,258) K 162,724 5.95% Service Charges & Interest 39,815 (39,815) L 0 0.00% Donations 13,284 (13,284) M 0 0.00% Miscellaneous Expense 7,214 (7,214) N 0 0.00% Total General Overhead $2,295,518 ($349,477) $854 $1,946,895 71.25% Ov.,-head $6,273,711 ($358,278) $854 $5,916,287 216.51% Overhead Rate 228.93% Page 2 Exhibit H Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT, with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub -consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. Solicitations for Sub -consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub -contract, including procurement of materials or leases of equipment, each potential sub - consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. Sanctions for Non-compliance: In the event of the CONSULTANT'S non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to: Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and/or; Cancellation, termination, or suspension of the AGREEMENT, in whole or in part DOT Form 140-089 EF Exhibit H Revised 6/05 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every sub -contract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub -consultant or procurement as the AGENCY, STATE or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub -consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Exhibit I Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. DOT Form 140-089 EF Exhibit I Revised 6/05 Exhibit J Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the -agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 — Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Highways and Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 - Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 — Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel (including sub -consultants) deemed appropriate for the alleged design error(s) issue. Step 4 — Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide H&LP, through the Region DOT Form 140-089 EF Exhibit J Revised 6/05 Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Step 5 — Forward Documents to Highways and Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Highways and Local Programs Engineer to H&LP for their review and consultation with the FHWA. H&LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, H&LP will request assistance from the Attorney General's Office for legal interpretation. H&LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. H&LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. 3 Exhibit M-1(a) Certification Of Consultant Project No. Local Agency Renton I hereby certify that I am Principal and duly authorized representative of the firm of WHPacific 12100 NE 195th Street, Bothell, WA 98011 firm I here represent has: whose address is and that neither I nor the above (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure the AGREEMENT; (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Date Signature DOT Form 140-089 EF Exhibit M-1(a) Revised 6/05 Exhibit M-1(b) Certification Of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of Renton, WA , Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: (a) Employ or retain, or agree to employ to retain, any firm or person; or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Date Signature DOT Form 140-089 EF Exhibit M-1(b) Revised 6/05 Exhibit M-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; B. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (I) (B). of this certification; and D. Have not within a three (3) year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. Il. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant (Firm): WHPacific (Date) (Signature) President or Authorized Official of Consultant DOT Form 140-089 EF Exhibit M-2 Revised 6/05 Exhibit M-3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant (Firm): WHPacific (Date) (Signature) President or Authorized Official of Consultant DOT Form 140-089 EF Exhibit M-3 Revised 6/05 Exhibit M-4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 15.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the contracting officer or to the contracting officer's representative in support of Stage 2 Lake WA. Trail ( south connector) are accurate, complete, and current as of March 20, 2009 **. This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal. Firm WHPacific Name David Williams . S Title Principal Director of Transportation Date of Execution*** March 20, 2009 * Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number (e.g., RFP No.). ** Insert the day, month, and year when price negotiations were concluded and price agreement was reached. *** Insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. DOT Form 140-089 EF Exhibit M-4 Revised 6/05 Exhibit B-1 Scope of Work City of Renton/WHPacific Stage 2 Lake Washington Trail (South Connector) Project The work to be accomplished under this Agreement will be for WHPacific (CONSULTANT) to provide engineering design services to the City of Renton (CITY) for developing and evaluating alternatives for providing a non -motorized connection from the vicinity of N 61h Street/ Logan Ave N to the Cedar River Trail. Upon selection of preferred alternative, a supplement scope of work will be prepared for providing engineering services to prepare plans, specifications, estimate, final environmental documentation, right of way acquisition and construction services. The project designs and PS&E will be based on the requirements of the City of Renton Standards, the Washington State Department of Transportation Local Agency Guidelines and Design Manuals, MUTCD, and AASHTO design standards. 1.0 Project Management and Administration The CONSULTANT will provide contract management and administration services for the project, to include: developing and maintaining project scope and budget, liaison with CITY staff, and preparing monthly narrative progress reports and invoices. The CONSULTANT will attend project coordination meetings, provide information for CITY staff coordination meetings (as requested), and respond to public concerns through communication with CITY staff. The CONSULTANT will attend up to two (2) project coordination meetings with the CITY staff to review alternatives. One of the meetings may include the Boeing Company. The CONSULTANT will prepare meeting notes and distribute to participants. The CONSULTANT will complete a quality control check prior to submitting work for the CITY's review. A quality control check will be used to confirm that the design work follows CITY and LAG Manual standards and that the work is professional quality meeting industry standards. The quality control check will include review of engineering, drafting and clerical errors or omissions. The CONSULTANT shall subcontract work items to the following firm: Landau & Associates (geotechnical investigation and environmental documentation). The CONSULTANT shall coordinate with Landau & Associates regarding contracting procedures, prepare and execute a contract, and address contract related issues as they arise during the project. Deliverables: • Monthly Progress Reports/Invoices • Project Meeting Agendas and Notes 2.0 Data Collection and Review The CONSULTANT will collect existing data pertinent to the project that is available from the CITY, other agencies, franchise utilities, and appropriate sources. The data will include survey control data, right-of-way information, legal descriptions, topographic surveys, existing utility locations, planned utility locations, plans for other roadway improvements common to this project, information from recent and proposed private developments Page 1 c1doctereots and sethngsliseitzVocal settingsVemporary intemet iiiesl;;onten(.cutlooklhgkkkc"diVrail scope 030509 (2).doc including plans and reports, planning documents, and previous reports and documents pertaining to the project corridor. The CONSULTANT's key project personnel will visit the project site and familiarize themselves with the site conditions, review the existing topographic map for completeness and the data that is collected for the project. Ground -level photographs will be obtained during the site visits for design references. The CITY will be responsible for obtaining and maintaining right -of -entry permits for the CONSULTANT to enter properties adjacent to the project. 3.0 Utility Coordination The CONSULTANT will collect and review existing utility information pertinent to the project that is available from the CITY. The CONSULTANT will contact utility companies to obtain existing utility plans. The data will include existing and planned utility locations. No meetings with the Utilities are planned for this phase of work. The anticipated utility companies involved are power, telephone, cable, and gas. 4.0 Environmental Review Feasibility Screening and Alternative Evaluations I . The CONSULTANT will prepare preliminary evaluation and cost estimates for permitting requirements, environmental considerations, and archeological requirements associated with the alternatives. CONSULTANT will: • Prepare a GIS-based map layer set that illustrates sensitive natural resources, including documented wetlands, Cedar River, buffer zones associated with wetlands and the river, floodplains, Historic District boundaries, and other potential constraints. This overlay will also include areas of planned or proposed resource enhancements provided by the City, such as stream restoration efforts, proposed recreational improvements, and other proposed improvement projects. • Prepare a permitting summary matrix for the alternatives. • Prepare a matrix summarizing environmental considerations that would be associated with trail construction/placement. • Provide general permit/compliance requirements (i.e., trigger points, level of project completion required for submittal, public involvement, etc.) for the alternatives. • Determine the permitting/compliance schedule for each alternative, including the time required for National Environmental Policy Act (NEPA), State Environmental Policy Act (SEPA) and possible Shoreline Management Act compliance, mitigation, and permitting. (NEPA and SEPA, preparation and compliance and permit application preparation are not part of this Scope of Services. If such services are requested, a scope and budget amendment will be required.) • Prepare a technical summary that addresses the cultural resources, critical area/sensitive species, and other environmental permitting/compliance required for resources located in or near the project area and describes recommendations for further work. • Participate in an internal evaluations meeting to review environmental, permitting, archaeological, and Historical District considerations with the project team. Assumptions: Page 2 c:Wocwnenls and setllngs�yseitzVocal settingsVemporwy intemel fileslconteol.owlooklhgkkk6dAtrail scope 030509 (2).doc • No consultation with agencies or tribal agencies will be necessary. Deliverables: • A technical memorandum documenting the environmental documentation and permitting requirements evaluation. The memorandum will include matrices (a permitting summary matrix and an environmental considerations matrix and summaries of considerations and findings for the alternatives. Critical Area Resources and Sensitive Species Information Gathering The purpose of this task is to identify required documentation for permitting impacts to critical areas including wetlands, streams, and/or buffer habitat, and sensitive species. CONSULTANT will: • Identify and characterize sensitive areas (wetlands, streams, and buffers) and floodplains in the study area. Wetland delineations will not be conducted, but wetland values and functions sufficient to assign buffers will be generally characterized based on field reconnaissance. • Obtain current species and habitat information from National Marine Fisheries Service (NMFS), U.S. Fish and Wildlife Service (USFWS), and Washington Department of Fish and Wildlife (WDFW) Priority Habitats and Species database, and Washington Department of Natural Resources Heritage Data. • Review the City's Shoreline Master Program. Assumptions • The efforts do not include formal delineation of wetland or other critical area resources. 0 Meetings with agency staff [National Oceanic and Atmospheric Administration (NOAA), U.S. Fish & Wildlife Service (USFWS)] are not included in this proposal. Deliverables: • Background research and site observations to be used in Task 1. Cultural and Historic Resources Information Gathering The proposed undertaking will eventually need to address the requirements of identifying the potential for cultural resources within the project area as well as the impacts both direct and indirect of the proposed undertaking on any identified cultural resources per Section 106 of the National Historic Preservation Act (NHPA 36 CFR 800). This task involves identifying existing and potential historic resources. Project Mobilization and Records Search A CONSULTANT archaeologist will conduct a records search for the overall project area at the Department of Archaeology and Historic Preservation (DAHP) prior to the field site visit. Cultural resources staff will review cultural resource records, reports, National Register of Historic Places (National Register) nomination forms, and historic property inventory forms on file at DAHP. This information will help us determine if any archaeological or historic sites have been previously recorded within or adjacent to the project area. The results of the background research would be used to supplement a formal identification of an Area of Potential Effects (APE) that would be drafted in a letter once the Preferred Alternative was identified. The cost for drafting an APE letter is not included in this scope. Deliverable: • Background research to be used in Tasks 1. Site Visit Page 3 cadocumenls and settingsliseitzllocal settingsl'emporary internetlilestcortenLoutlooklhgkkk5J9trail scope 030509 (2). doc A CONSULTANT archaeologist will conduct field reconnaissance of the project area, paying particular attention to those areas with a high probability of containing archaeological materials, such as along the banks of the Cedar River. In addition, the archaeologist will also look at the built environment to determine an approximation of the number of historical buildings (i.e., structures that are at least 50 years old) within the project area. Formal identification of parcels containing historical buildings would be recommended once a Preferred Alternative is identified, but such efforts are not included in this scope and budget. If archaeological materials are observed during the reconnaissance, CONSULTANT will not fully record any sites or isolates, but will photograph the area, note visible materials, and record their locations. The presence of these materials will be included in the feasibility evaluation with recommendations for a detailed cultural resources assessment, which would include subsurface testing and/or monitoring and architectural inventorying of historical buildings. Assumptions: • No archaeological sites, archaeological isolated finds or human skeletal remains will be identified during the reconnaissance. The efforts do not constitute a formal cultural resources assessment but a feasibility study only with recommendations for a formal approach once a Preferred Alternative is identified. Deliverable: • Summary of site observations to be used in Task 1. 5.0 Alternatives Development and Evaluation The CONSULTANT will evaluate four (4) alternatives for the South Connector Project. The four alternatives are: 1) 5 foot bike lane each direction, 2) 10 foot shared path, new or using existing sidewalks, 3) restriping of Logan Ave N to accommodate the bike lanes, and 4) using N 6`h Street as an option. Each alternative will include a plan, typical cross sections and channelization plan. The CONSULTANT will prepare a memorandum that will provide the basis for selection of preferred alternative. The memorandum will include the following elements: A. Project Summary — A review of the project objectives and how the alternatives meet those objectives. B. Preliminary Engineering — A discussion of the methodology, existing conditions and design criteria, and standards used in the approach to the preliminary designs. C. Evaluation of Design Alternatives — A presentation of design alternatives studied, and justification for selection or non -selection. Evaluations will consider costs, right-of-way acquisition, storm water collection, potential utility conflicts, traffic, environmental and permitting issues. D. Proposed Improvements — A review of the technical elements comprising the proposed improvements, including grading, design criteria, vehicle turning movements and sight distance. E. Cost Estimate — A summary of the estimated costs associated with the completion of the proposed improvements. Anticipated costs will be identified for design engineering, right-of-way acquisition, construction, and construction management. F. Concept Plans — Plans for the improvements will consist of a channelization plan, typical section and cross sections. The plans will be prepared using AutoCAD 2008 software and APWA standard symbols. G. Review Comments — CITY review comments will be addressed and incorporated into the concept plans and report. Assumptions: • CITY will review concept plan documents and provide one set of review comments. Deliverables: • An electronic (AutoCAD 2008) copy and paper copy of concept plans. • An electronic (PDF) copy and paper copy of design memorandum. Page 4 cldocuments and settingsltse.tzuocal settingsVemporary mternelfileslconten!.outlookingkkk6dillrait scope 030509 (2).doc 6.0 Optional Services Upon written approval by the CITY, the CONSULTANT will provide engineering services beyond this Scope of Work. Services may include: 1) Field Surveys and Base Mapping for spot topographic features needed to complete design 2) Geotechnical Review 3) Roadway Storm Drainage Analysis and Report 4) Right of Way Plans 5) Right of way Acquisition 6) Final PS&E Documents 7) Advertise and Award 8) Construction Engineering 9) Final NEPA and SEPA documents Such work will be specified in a written supplement to this agreement, which will establish the scope and costs. 7.0 Schedule The CONSULTANT will begin work upon the CITY issuing a notice to proceed for the work. This work can be completed in two (2) months. Page 5 cldocuments and settings!jsertz!!ocal setlmys!temForary in,ernet fites!contenf.outlooM,ngkkkcdtllrait scope 030509 (2) do- LANDAU 1A ASSOCIATES March 13, 2009 WHPacific 3350 Monte Villa Parkway Bothell, Washington 98021 Attn: Mr. Sam Richard RE: PROPOSAL FOR NATURAL RESOURCE AND PERMITTING SERVICES STAGE 2 LAKE WASHINGTON TRAIL (SOUTH CONNECTOR) PROJECT RENTON, WASHINGTON Dear Mr. Richard: Landau Associates is pleased to present this proposed scope of services and cost estimate for natural resource and permitting services for the Stage 2 Lake Washington Trail (South Connector) Project in Renton, Washington. The proposed scope of services presented in this letter is based on discussions with and information provided by WHPacific. Presented below is a summary of our project understanding and proposed scope of services. PROJECT BACKGROUND The work required includes developing and evaluating alternatives for providing a non -motorized connection (Trail) from the vicinity of N 6th St/Logan Ave N and connecting to the Cedar River Trail. The proposed trail improvements may include a buffered combined pedestrian -bicycle path and revisions to the existing signal systems in order to accommodate the proposed improvements. A preliminary step in determining a preferred alternative is to conduct a feasibility analysis, in part, to determine environmental permitting and associated documentation requirements for the alternatives to assist in the preferred alternative selection process. PROPOSED SCOPE OF SERVICES The following sections define Landau Associates' tasks for natural resource and permitting services for the proposed intersection improvements project. ENVIRONMENTAL I GEOTECHNICAL I NATURAL RESOURCES 130 2nd Avenue South • Edmonds, WA 98020 • (425) 778-0907 • fax (425( 778-6409 • www.landouinc.com SEATTLE • SPOKANE • TACOMA PORTLAND TASK 1. FEASIBILITY SCREENING AND ALTERNATIVE EVALUATIONS Landau Associates will assist WHPacific and the City with feasibility -level evaluations for the Trail alternatives. This includes assisting with the development of preliminary concepts of alternatives that will facilitate selection of a preferred alternative, including preliminary evaluation and cost estimates for permitting requirements, environmental considerations, and archeological requirements associated with the alternatives. Tasks include: Prepare a GIS-based map layer set that illustrates sensitive natural resources, including documented wetlands, Cedar River, buffer zones associated with wetlands and the river, floodplains, Historic District boundaries, and other potential constraints. This overlay will also include areas of planned or proposed resource enhancements provided by the City, such as stream restoration efforts, proposed recreational improvements, and other proposed improvement projects. • Prepare a permitting summary matrix for the alternatives. • Assist in preparing a matrix summarizing environmental considerations (not including traffic) that would be associated with Trail construction/placement. • Provide general permit/compliance requirements (i.e., trigger points, level of project completion required for submittal, public involvement, etc.) for the alternatives. • Determine the permitting/compliance schedule for each alternative, including the time required for National Environmental Policy Act (NEPA), State Environmental Policy Act (SEPA) and possible Shoreline Management Act compliance, mitigation, and permitting. (NEPA and SEPA, preparation and compliance and permit application preparation are not part of this Scope of Services. If such services are requested, a scope and budget amendment will be required.) We will prepare a technical summary that addresses the cultural resources, critical area/sensitive species, and other environmental permitting/compliance required for resources located in or near the project area and describes recommendations for further work. Participate in an internal evaluations meeting to review environmental, permitting, archaeological, and Historical District considerations with the project team. Assumptions: • No more than three alternatives will be considered • No consultation with agencies or tribal agencies will be necessary. Deliverables: A technical memorandum documenting the environmental documentation and permitting requirements evaluation. The memorandum will include matrices (a permitting summary matrix and an environmental considerations matrix and summaries of considerations and findings for the three alternatives. 3/13/09 \\Edmdata\sharedoc\000proposal\WHPacific\C_Renton\Lk WA Trail\Lake WA trail NR Proposal (3).doc LANDAu ASSOCIATES 2 • Attendance and participation at one meeting for the purposes of identifying a preferred alternative. Task 2. Critical Area Resources and Sensitive Species Information Gathering The purpose of this task is to identify required documentation for permitting impacts to critical areas including wetlands, streams, and/or buffer habitat, and sensitive species. We will: • Identify and characterize sensitive areas (wetlands, streams, and buffers) and floodplains in the study area. Wetland delineations will not be conducted, but wetland values and functions sufficient to assign buffers will be generally characterized based on field reconnaissance. • Obtain current species and habitat information from National Marine Fisheries Service (NMFS), U.S. Fish and Wildlife Service (USFWS), and Washington Department of Fish and Wildlife (WDFW) Priority Habitats and Species database, and Washington Department of Natural Resources Heritage Data. • Review the City's Shoreline Master Program. Assumptions • The efforts do not include formal delineation of wetland or other critical area resources. • Meetings with agency staff [National Oceanic and Atmospheric Administration (NOAA), U.S. Fish & Wildlife Service (USFWS)] are not included in this proposal. Deliverables: • Background research and site observations to be used in Task 1. Task 3. Cultural and Historic Resources Information Gathering The proposed undertaking will eventually need to address the requirements of identifying the potential for cultural resources within the project area as well as the impacts both direct and indirect of the proposed undertaking on any identified cultural resources per Section 106 of the National Historic Preservation Act (NHPA 36 CFR 800). This task involves identifying existing and potential Historic resources. Project Mobilization and Records Search A Landau Associates archaeologist will conduct a records search for the overall project area at the Department of Archaeology and Historic Preservation (DAHP) prior to the field site visit. Landau Associates cultural resources staff will review cultural resource records, reports, National Register of Historic Places (National Register) nomination forms, and historic property inventory forms on file at 3/13/09\\Edmdata\sharedoc\000proposal\WHPacitic\C_Renton\Lk WA Trail\Lake WA trail NR Proposal (3).doc LANDAU ASSOCIATES 3 DAHP. This information will help us determine if any archaeological or historic sites have been previously recorded within or adjacent to the project area. The results of the background research would be used to supplement a formal identification of an Area of Potential Effects (APE) that would be drafted in a letter once the Preferred Alternative was identified. The cost for drafting an APE letter is not included in this scope. Deliverable: • Background research to be used in Tasks 1. Site Visit A Landau Associates archaeologist will conduct a partial day field reconnaissance of the project area, paying particular attention to those areas with a high probability of containing archaeological materials, such as along the banks of the Cedar River. In addition, the archaeologist will also look at the built environment to determine an approximation of the number of historical buildings (i.e., structures that are at least 50 years old) within the project area. Formal identification of parcels containing historical buildings would be recommended once a Preferred Alternative is identified, but such efforts are not included in this scope and budget. If archaeological materials are observed during the reconnaissance, Landau Associates will not fully record any sites or isolates, but will photograph the area, note visible materials, and record their locations. The presence of these materials will be included in the feasibility evaluation with recommendations for a detailed cultural resources assessment, which would include subsurface testing and/or monitoring and architectural inventorying of historical buildings. Assumptions: • Site access will be reasonable and unrestricted. • No archaeological sites, archaeological isolated finds or human skeletal remains will be identified during the reconnaissance. • The efforts do not constitute a. formal cultural resources assessment but a feasibility study only with recommendations for a formal approach once a Preferred Alternative is identified. Deliverable: • Summary of site observations to be used in Task 1. ESTIMATED COST We estimate the cost for our proposed scope of services will be $15,000 in general accordance with the following approximate breakdown: 3/13109\\Edmdata\sharedoc\000proposal\WHPacific\C_Renton\Lk WA Trail\Lake WA trail NR Proposal (3).doc LANDAU ASSOCIATES 4 Feasibility Screening and Alternative Evaluations $8,200 Critical Area Resources and Sensitive Species $3.400 Cultural Historic Resources $3.400 ESTIMATED TOTAL $15,000 We propose to provide the above -described services on a cost plus fixed fee basis according to the budget set forth above. In the event that project .requirements change or unexpected conditions are disclosed that appear to require further field effort, study, or analysis, we will contact you and seek your approval for modification to the scope of services and budget, as appropriate. AUTHORIZATION We anticipate that you will develop a subconsultant agreement consistent with other agreements between WHPacific and Landau Associates to formalize our working relationship on this project. Please let us know how we can assist you in that process. We appreciate the opportunity to work with WHPacific and the City of Renton on this project. Please contact us if you have any questions about our proposed scope of services and budget for this project. LANDAU ASSOCIATES, INC. Steven J. Quarterman Senior Project Scientist Doug Tingwall Senior Project Archeologist SJQ/DFT/rgnl Attachments: Table 1 — Feasibility Screening and Alternative Evaluations Fee Determination Summary Sheet Table 2 — Critical Area Resources and Sensitive Species Fee Determination Summary Sheet Table 3 — Cultural and Historic Resources Fee Determination Summary Sheet 3/13109 1\Edmdata`sharedoc`,000proposa!%WHPacifid.C_Renton\Lk WA Trail\Lake WA trail NR Proposal (3).doc LANDAU ASSOCIATES 5 Table 1 Fee Determination Summary Sheet PROJECT NAME: Feasibility and Alternative Eval. USING zoos** SALARIES DIRECT SALARY COST (DSC): Typical Classification(b) Hours x Rate"' = Cost Principal* 65.00 $ Senior Associate 56.00 $ Associate 8 47.00 $ 376.00 Senior 41.00 $ - GIS Specialist 39.00 $ - Senior Project 45 36.00 $ 1,620.00 Project 33.00 $ - GIS Analyst 27.00 $ - Senior Staff 4 31.00 $ 124.00 Senior CAD 4 30.00 $ 120.00 Staff / Senior Technician II 24.00 $ - Assistant / Senior Technician 1 20.00 $ - Project Coordinator 4 28.00 $ 112.00 CAD/GIS Technician 25.00 $ - Technician 17.00 $ Support Staff 17.00 $ TOTAL DSC $ 2,352.00 OVERHEAD (OH COST - including salary additives): OH Rate of 216.51 %I`I x DSC 2.1651 x $ 2,352.00 = $ 5,092.32 FIXED FEE (FF): FF Rate of 30% x DSC 0.30 x $ 2,352.00 = $ 705.60 REIMBURSABLES: Travel expenses $ 20.00 PHS Data Acquisition $ - Lab equipment $ - Reproduction and computer expenses $ 30.08 Subcontract (driller) $ - TOTAL REIMBURSABLES = $ 50.08 TOTAL $ 8,200.00 (a) Rates shown reflect the typical compensation rate of employees assigned to the billing category listed. Each category may have multiple employees assigned to that billing category and each employee may have a different hourly rate of pay. Employee compensation is subject to adjustment annually. (b) Classifications shown are general, the actual invoice will show our employee's specific discipline for e.g. Senior Engineer, Senior Geologist, Senior Planner. (c) Per WSDOT analytical review of Landau Associates' financial statements for the year ended 6/30/07.. Excludes CEO and COO *` These rates are rounded up to the dollar as of 12/6/2007 3/13/2009 \\Edmdata\sharedoc\000proposal\TEMPLATE\overhead multiplier\Feasibility Fee Determination Summary Template.xls 2008 Table 2 Fee Determination Summary Sheet PROJECT NAME: Critical Area and Sens. Species USING 2008" SALARIES DIRECT SALARY COST (DSC): Typical Classification(b) Hours x Rate"' = Cost Principal` 65.00 $ Senior Associate 56.00 $ Associate 47.00 $ Senior 41.00 $ GIS Specialist 39.00 $ Senior Project 17 36.00 $ 612.00 Project 33.00 $ - GIS Analyst 27.00 $ - Senior Staff 9 31.00 $ 279.00 Senior CAD 30.00 $ - Staff / Senior Technician II 24.00 $ Assistant / Senior Technician 1 20.00 $ Project Coordinator 28.00 $ CAD/GIS Technician 2 25.00 $ 50.00 Technician 17.00 $ - Support Staff 17.00 $ - TOTAL DSC $ 941.00 OVERHEAD (OH COST - including salary additives): OH Rate of 216.51 %I`l x DSC FIXED FEE (FF): FF Rate of 30% x DSC REIMBURSABLES: Travel expenses PHS Data Acquisition Lab equipment Reproduction and computer expenses Subcontract (driller) TOTAL REIMBURSABLES TOTAL 2.1651 x $ 941.00 = $ 2,037.36 0.30 x $ 941.00 = $ 282.30 $ 40.00 $ 55.00 $ 44.34 = $ 139.34 $ 3,400.00 (a) Rates shown reflect the typical compensation rate of employees assigned to the billing category listed. Each category may have multiple employees assigned to that billing category and each employee may have a different hourly rate of pay. Employee compensation is subject to adjustment annually. (b) Classifications shown are general, the actual invoice will show our employee's specific discipline for e.g. Senior Engineer, Senior Geologist Senior Planner. (c) Per WSDOT analytical review of Landau Associates' financial statements for the year ended 6/30/07.. ' Excludes CEO and COO " These rates are rounded up to the dollar as of 12/6/2007 3/13/2009 \\Edmdata\sharedoc\000proposal\TEMPLATE\overhead multiplier\Cdt Area Fee Determination Summary Template.xls 2008 Table 3 Fee Determination Summary Sheet PROJECT NAME: Cultural and Historic Resources USING 2008" SALARIES DIRECT SALARY COST (DSC): Typical Classification(b) Hours x Rate"' = Cost Principal" 65,00 $ - Senior Associate 56.00 $ - Associate 4 47.00 $ 188.00 Senior 41.00 $ - GIS Specialist 39.00 $ - Senior Project 14 36.00 $ 504.00 Project 33.00 $ - GIS Analyst 27.00 $ - Senior Staff 7 31.00 $ 217.00 Senior CAD 30.00 $ - Staff / Senior Technician 11 24.00 $ - Assistant / Senior Technician 1 20.00 $ - Project Coordinator 1 28.00 $ 28.00 CAD/GIS Technician 25.00 $ - Technician 17.00 $ - Support Staff 17.00 $ - TOTAL DSC $ 937.00 OVERHEAD (OH COST - including salary additives): OH Rate of 216.51 %(`) x DSC 2.1651 x $ 937.00 = $ 2,028.70 FIXED FEE (FF): FF Rate of 30%x DSC 0.30 x $ 937.00 = $ 281,10 REIMBURSABLES: Travel expenses $ 33.20 PHS Data Acquisition $ - Lab equipment $ - Reproduction and computer expenses $ 120.00 Subcontract (driller) $ - TOTAL REIMBURSABLES = $ 153.20 TOTAL $ 3,400.00 (a) Rates shown reflect the typical compensation rate of employees assigned to the billing category listed. Each category may have multiple employees assigned to that billing category and each employee may have a different hourly rate of pay. Employee compensation is subject to adjustment annually. (b) Classifications shown are general, the actual invoice will show our employee's specific discipline for e.g. Senior Engineer, Senior Geologist, Senior Planner. (c) Per WSDOT analytical review of Landau Associates' financial statements for the year ended 6/30/07.. ' Excludes CEO and COO " These rates are rounded up to the dollar as of 12/6/2007 3/13/2009 \\Edmdata\sharedoc\000proposal\TEMPLATE\overhead multiplier\Cult Res Fee Determination Summary Template.xls 2008 Client: Project: LABOR: CONSULTANT FEE Exhibit D-1 City of Renton Stage 2 Lake Washington Trail (South Connector) Elf MATE W H Pac�f�c TFeSEC j tVfl!. TASK (.Scope -of Services) ". VHPAMFJC PROJECT -TEAM . HOURS LABOR .::.'COST- Princi al P 70.00 Project. tvlar a er 9 60.00. - 'Design En ineer .:,. 9 '45.00 CADD. -Technician 30.00 Suryeyrs .Party ChieY 40,00.E Survey 2 Pers..Crew.: GO.W ,Project.. Coord. `. :25.00 •.,. _: ClericalTOTAL... 22.00 1.0 PROJECT MANAGEMENT AND ADMINISTRATION 5 34 14 0 0 0 6 4 63 $3,258 1.01 Contract Management and Administration 1 6 2 2 1.02 Monthl Progress Reports and Invoices 2 2 1.03 Manage and Coordination with Subs 2 2 1.04 QA/QC 4 16 6 1.05 Project Meeting / Minutes 2 meetings) 8 8 2 2.0 DATA COLLECTION AND REVIEW 0 8 14 4 0 0 0 0 26 $1,230 2.01 Initial Site Visit by Key Personnel 8 8 2.02 Review Existing Data Pertinent to the Project 6 4 3.0 UTILITY COORDINATION 0 0 8 8 0 0 0 0 16 $600 3.01 Collect Data 8 8 4.0 ENVIRONMENTAL REVIEW LANDAU ASSOCIATES DEVELOPMENTAND EVALUATION 0 35 184 104 0 0 6 0 329 $13,650 Project Summary 1 16 2 r5OALTERNATIVES Prelimina En ineerin 4 24 Evaluation of Desi n Alternatives 16 64 24 2 Cost Estimate 4 32 24 Concept Plans 8 32 40 5.06 Address Review Comments 1 2 1 16 1 16 1 2 Labor Subtotal 5 77 220 116 0 0 12 4 434 1 $18,738 EXPENSES: VTENB Mileage Plots and Reproductions Title Reports SUBCONSULTANTS: SUBCONSULTANT Landau Associates QUANTITY 150 50 0 FEE $15.000 Overhead Percentage: Fixed Fee Percenage: UNIT COST $0.585 $3.00 $500 Pv1AR3( UP 1.0 173.401-/ x Direct Salary Cost (DSC) $32,492 32.0D% x Direct Salary Cost (DSC) $5,996 Labor Total: $57,226 EXPENSES COST. $88 $150 $0 Expenses Total: $238 SUBCONSULTANT COST . $15,000 Subconsultants Total: $15,000 TOTiWPROJECT'FEE: - $72,464 il CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING AN ASSESSMENT DISTRICT FOR SANITARY SEWER SERVICE FOR PROPERTIES ADJACENT TO THE EARLINGTON SANITARY SEWER INTERCEPTOR AND ESTABLISHING THE AMOUNT OF THE CHARGE UPON CONNECTION TO THE FACILITIES THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. There is hereby created a Sanitary Sewer Service Special Assessment District for the area served by the Earlington Sanitary Sewer Interceptor project in the northwest quadrant of the City of Renton and within King County, which area is more particularly described in Exhibit "A" attached hereto. A map of the service area is attached as Exhibit "B". The recording of this document is to provide notification of potential connection and interest charges. While this connection charge may be paid at any time, the City does not require payment until such time as the parcel is connected to and, thus, benefiting from the sewer facilities. The property may be sold or in any other way change hands without triggering the requirement, by the City, of payment of the charges associated with this district. SECTION II. Persons connecting to the sanitary sewer facilities in this Special Assessment District, and which properties have not been charged or assessed with all costs of the Earlington Sanitary Sewer Interceptor as detailed in this ordinance, shall pay, in addition to the payment of the connection permit fee and in addition to the system development charge, the following additional fees: 4 1 ORDINANCE NO. A. Per Unit Charge. New connections of residential units as shown in Zone "A" on the Earlington Sanitary Sewer Interceptor Special Assessment District Map shall pay a fee of $6,512.40 per dwelling unit. New connections of residential units as shown in Zone "B" on the Earlington Sanitary Sewer Interceptor Special Assessment District Map shall pay a fee of $7,366.22 per dwelling unit. SECTION III. In addition to the aforestated charges, there shall be a charge of 5.30% per annum added to the Special Assessment District charge. The interest charge shall accrue for no more than ten (10) years from the date this ordinance becomes effective. Interest charges will be simple interest and not compound .interest. SECTION IV. This ordinance is effective upon its passage, approval and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of , 2009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of 32009. Denis Law, Mayor 2 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1540:2/20/09 : scr EXHIBIT A EARLINGTON SANITARY SEWER INTERCEPTOR SPECIAL ASSESSMENT DISTRICT LEGAL DESCRIPTION: Lot 6 of Block 20, Earlington Acre Tracts, according to the plat thereof, recorded in Volume 15 of Plats, page 84, records of King County, Washington, LESS the North 152 feet thereof; TOGETHER WITH the South 76 feet and the East 10 feet of Lot 7 of said Block; TOGETHER WITH Lots 1, 2 and the North 224.25 feet of Lot 3 of Block 21 of said plat; and TOGETHER WITH Lot 2 and the North 190 feet of Lot 1 of Block 26 of said plat; and TOGETHER WITH Block 27 of said plat, LESS the East 30 feet of the North 1.0 feet of Lot 1 thereof; and TOGETHER WITH those portions of Lots 3 — 7 of Block 28 of said plat, lying southwesterly, southeasterly and southerly of the southerly right of way margin of Renton Ave S (Road. No. 1446, E.S. Goodwin No. 2 Rd. Extn., County Roads); TOGETHER WITH Lot 8 and Lot 9 of said Block 28, LESS that portion of said Lot 9 lying southerly of a line 115.5 feet north of the Southwest corner of said Lot 9, as measured along and perpendicular to, the west line thereof, and lying easterly of a line 20 feet easterly of and parallel with, said west line. All situate in the Northeast quarter of Section 13, Township 23 North, Range 4 East, W.M., and in the Northwest quarter of Section 18, Township 23 North, Range 5 East, W.M., both in the City of Renton, King County, Washington. ,OOZ = J 3ld:)S „V,.3NOZ 0 A2idaNf109 iDIdiSIa 1N]WSSISS`d ]`IONS IdOidIDIdDiNI 2IIMIS A"dVIINVS NOlJNII"dV] ONZ£'f