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CITY OF RENTON
AGENDA - City Council Regular Meeting
7:00 PM - Monday, April 10, 2023
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
Please note that this regular meeting of the Renton City Council is being offered as a hybrid
meeting and can be attended in person at the Council Chambers, 7th floor of City Hall, 1055 S
Grady Way, Renton, 98057 or remotely through Zoom.
For those wishing to attend by Zoom: Please (1) click this link
https://us02web.zoom.us/j/84938072917?pwd=TUNCcnppbjNjbjNRMWpZaXk2bjJnZz09 (or
copy/paste the URL into a web browser) or (2) call-in to the Zoom meeting by dialing 253-215-
8782 and entering 849 3807 2917 Passcode 156708, or (3) call 425-430-6501 by 5 p.m. on the
day of the meeting to request an invite with a link to the meeting.
Registration for Audience Comment: Registration will be open at all times, but speakers must
register by 5 p.m. on the day of a Council meeting in order to be called upon. Anyone who
registers after 5 p.m. on the day of the Council meeting will not be called upon to speak and
will be required to re-register for the next Council meeting if they wish to speak at that next
meeting.
• Request to Speak Registration Form:
o Click the link or copy/paste the following URL into your browser:
https://forms.office.com/g/bTJUj6NrEE
• You may also call 425-430-6501 or email jsubia@rentonwa.gov or
cityclerk@rentonwa.gov to register. Please provide your full name, city of residence,
email address and/or phone number, and topic in your message.
• A sign-in sheet is also available for those who attend in person.
Video on Demand: Please click the following link to stream Council meetings live as they
occur, or to select previously recorded meetings:
Renton Channel 21 Video on Demand
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. PROCLAMATION
a) National Public Safety Telecommunicators Week - April 9 - 15, 2023
4. ADMINISTRATIVE REPORT
a) Administrative Report
5. AUDIENCE COMMENTS
• All remarks must be addressed to the Council as a whole, if a response is requested
please provide your name and address, including email address, to the City Clerk to
allow for follow‐up.
• Speakers must sign-up prior to the Council meeting.
• Each speaker is allowed three minutes.
• When recognized, please state your name & city of residence for the record.
NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any
ballot measure or candidate in City Hall and/or during any portion of the council meeting,
including the audience comment portion of the meeting, is PROHIBITED.
6. 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 April 3, 2023.
Council Concur
b) AB - 3330 Community & Economic Development Department recommends acceptance of
grant funds from the U.S. Small Business Administration in the amount of $1,500,000, for
design and construction of the Logan Place Market in the existing Pavilion building, as a
FY23 Congressional Community Project.
Council Concur
c) AB - 3302 Police Department recommends adoption of an ordinance adding Chapter 6-33
to Title VI, Police Regulations, of the Renton Municipal Code, which creates a new crime
for committing domestic violence witnessed by children.
Refer to Public Safety Committee
d) AB - 3327 Public Works Facilities Division recommends execution of Addendum 1-23 to
LAG-13-008, lease with Valley Communications, which extends Valley Communications
use of a portion of the city-owned property at 11500 Puget Dr. S, until July 31, 2033. This
is a zero-cost lease.
Council Concur
e) AB - 3329 Public Works Facilities Division recommends execution of Addendum No. 5-23
to LAG-14-006, lease with Amazing Grace Lutheran Church, to extend their lease at the
200 Mill Ave building until June 30, 2024. This lease extension creates an estimated
$440,240.19 in revenue over the lease period.
Council Concur
f) AB - 3328 Public Works Utility Systems Division reports bid opening on March 7, 2023 for
CAG-23-005, West Hill Booster Pump Station Rehabilitation, and recommends awarding
the contract to the lowest responsive and responsible bidder, Gary Harper Construction,
Inc., in the amount of $2,669,704.80; and requests a budget transfer $953,810 to cover
the costs of the contract, services during construction, contingencies, and contract
administration.
Refer to Utilities Committee
7. UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics
marked with an asterisk (*) may include legislation. Committee reports on any topics may be
held by the Chair if further review is necessary.
a) Finance Committee: Vouchers; Grant Approval: Edward Byrne FY 2022 Justice Assistance
Grant; Restoration of Longevity Premiums; WSDOT Utility Construction Agreement for
the Lind Avenue SW Bridge Repair; Reallocation of Community Development Block Grant
- Coronavirus Round 3 Funds
8. LEGISLATION
9. NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more
information.)
10. ADJOURNMENT
COMMITTEE OF THE WHOLE MEETING AGENDA
(Preceding Council Meeting)
6:00 p.m. - 7th Floor Council Chambers/Videoconference
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
To view Council Meetings online, please visit rentonwa.gov/councilmeetings
ArmondoPavoneMayor‘14%Iereas,ValleyCommunicationsCenter(VCC)staffareessentialfirstresponders,playingacriticalroleineffectivelycoordinatingemergencyservicestoensurethehealthandsafetyofourresidents,businessesandvisitors24hoursaday,sevendaysaweek;andWfiereas,VCCcallreceiversanddispatchersareimportantfirstresponderswhoendurelonghours,abnormalschedules,andstressfulworksituationsdaily;andWñereas,VCCcallreceiversanddispatchers’abilitytoremaincalmunderpressurehassavedthelivesofcountlesspeopleinsouthKingCounty;and‘C4)ñereas,theCityofRentonhonorsthemenandwomenwhoplayavitalroleintheprotectionofourcommunitymembers,businesses,andvisitors;andWñereas,VCChasbeensuccessfullyservingthepublicsafetycommunicationneedsofRentonsince1977;Afow,tñerefore,I,ArmondoPavone,MayoroftheCityofRenton,doherebyproclaimtheweekofApril9-15,2023tobeWationatPu6(ic‘TetecommunicatorsWeeI,intheCityofRenton,andIurgeallresidentstopaytributetoour911callreceivers,dispatchers,supportstaffandmanagersandtorecognizethesubstantialcontributionstheyhavemadetoourhealth,safety,welfare,andqualityoflife.ProclamationInwitnesswñereofIhavehereuntosetmyhandandcausedthesealoftheCityofRentontobeaffixedthis10thdayofApril,2023.WashingtonRentonCityHall,7thFloor1055SouthGradyWay,Renton,WA98057.rentonwa.govAGENDA ITEM #3. a)
Mayor’s Office
Memorandum
DATE: April 10, 2023
TO: Valerie O’Halloran, Council President
Members of Renton City Council
FROM: Armondo Pavone, Mayor
Ed VanValey, Chief Administrative Officer
SUBJECT: Administrative Report
• Pop‐up lunches are back! In addition to lunch, each event will have hygiene kits, socks,
and food for dogs and cats available. Pop‐up lunch will be held on Wednesday, April 12,
12 to 2 pm, 1150 Oakesdale Avenue SW sponsored by SOS Pop‐up at the Sidney Wilson
House (will be held regularly on the first and third Wednesday through December 2023,
location will be rotated throughout the city) and on Friday, April 14, 10 am to 2 pm,
126 South Logan Avenue North sponsored by SOS/Food Lifeline Pop‐up (will be held
regularly every Friday through December).
• Starting Friday, April 14, eastbound NE 44th Street traffic will use a new Lake
Washington Boulevard on‐ramp onto northbound 405. This traffic shift is necessary to
widen I‐405. Message signs will direct traffic to the new on‐ramp. This closure date may
change depending on weather or other external factors. The existing NE 44th Street on‐
ramp will be permanently closed.
• Information about preventative street maintenance, traffic impact projects, road
closures, and I‐405 work happening this week can be found at
http://rentonwa.gov/traffic. All projects are weather permitting and unless otherwise
noted, streets will always remain open. Preventative street maintenance, traffic impact
projects, and road closures will be at the following locations:
Monday, April 10 through Friday, April 14, 8:00 am to 3:00 pm. Road closure on NE
10th St from NE Sunset Blvd to Kirkland Ave NE. Detour route will be provided.
Questions may be directed to Kip Braaten at 206‐503‐1746.
Monday, April 10 through Friday, April 14, 8:00 am to 3:30 pm. Intermittent lane
closure on eastbound S Grady Way at Williams Ave S for construction work.
Questions may be directed to Tom Main, 206‐999‐1833.
Monday, April 10 through Friday, April 14, 8:00 am to 3:30 pm. Intermittent lane
closure on NE Sunset Blvd between Edmonds Ave NE and Kirkland Ave NE for
construction work. Questions may be directed to Brad Stocco, 425‐282‐237
AGENDA ITEM #4. a)
Valerie O’Halloran, Council President
Members of Renton City Council
Page 2 of 2
April 10, 2023
Monday, April 10 through Friday, April 14, 8:30am to 3:00 pm. Intermittent lane
closure on southbound 116th Ave SE at SE 188th St for construction work. Questions
may be directed to Tom Main, 206‐999‐1833.
Monday, April 10 through Friday, April 14, 8:30 am to 3:00 pm. Intermittent lane
closure on Lincoln Ave NE at the 4100 block for utility work. Questions may be
directed to Kip Braaten, 206‐503‐1746.
Monday, April 10 through Friday, April 14, 8:30 am to 3:00 pm. Intermittent lane
closure on NE 12th Street and Jefferson Avenue NE for utility installation. Questions
may be directed to Brad Stocco at 425‐282‐2373.
Monday, April 10 through Friday, April 14, 8:30 am to 3:00 pm. Intermittent lane
closure on Williams Ave S at S Grady Way for construction work. Questions may be
directed to Tom Main, 206‐999‐1833.
FULL STREET CLOSURE on Sunset Lane NE between NE 10th Street and Harrington
Place NE in support of the Solera Development Project (LUA20‐000305). Questions
may be directed to Brad Stocco, 425‐282‐2373.
AGENDA ITEM #4. a)
April 3, 2023 REGULAR COUNCIL MEETING MINUTES
CITY OF RENTON
MINUTES - City Council Regular Meeting
7:00 PM - Monday, April 3, 2023
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Pavone called the meeting of the Renton City Council to order at 7:00 PM and led the
Pledge of Allegiance.
ROLL CALL
Councilmembers Present:
Valerie O'Halloran, Council President
Ed Prince, Council Position No. 5
James Alberson, Jr., Council Position No. 1
Carmen Rivera, Council Position No. 2
Ryan McIrvin, Council Position No. 4
Ruth Pérez, Council Position No. 6
Kim-Khánh Vǎn, Council Position No. 7
Councilmembers Absent:
ADMINISTRATIVE STAFF PRESENT
Armondo Pavone, Mayor
Ed VanValey, Chief Administrative Officer
Shane Moloney, City Attorney
Jason Seth, City Clerk
Kelly Beymer, Parks & Recreation Department Administrator
Lori Fleming, Human Services Coordinator
Teresa Nishi, Volunteer Coordinator
Chief Jon Schuldt, Police Department Administrator
Commander Tracy Wilkinson, Police Department
Attended Remotely:
Ellen Bradley-Mak, Human Resources/Risk Management Administrator
Kari Roller, Finance Administrator
Martin Pastucha, Public Works Administrator
Vanessa Dolbee, Planning Director
Ron Straka, Public Works Utility Systems Director
AGENDA ITEM #6. a)
April 3, 2023 REGULAR COUNCIL MEETING MINUTES
PROCLAMATION
a) Benita R. Horn Day: A proclamation by Mayor Pavone was read declaring April 3, 2023 to be
Benita Horn Day in the City of Renton, encouraging all residents to recognize the importance
of equity, inclusion, social, economic, and racial justice during this special observance. Benita
R. Horn accepted the proclamation with appreciation.
MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE
PROCLAMATION. CARRIED.
b) Sexual Assault Awareness Month: A proclamation by Mayor Pavone was read declaring April
2023 to be Sexual Assault Awareness Month, encouraging all residents to join advocates and
communities throughout King County in taking action to prevent sexual violence by standing
with survivors. Mary Ellen Stone, Executive Director of the King County Sexual Assault
Resource Center, accepted the proclamation with appreciation.
MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE
PROCLAMATION. CARRIED.
c) National Volunteer Month: A proclamation by Mayor Pavone was read declaring April 2023
to be National Volunteer Month in the City of Renton, encouraging Renton residents to
observe this month by celebrating the important work that volunteers do every day. Teresa
Nishi, Volunteer Coordinator for Renton, accepted the proclamation with appreciation.
MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE
PROCLAMATION. CARRIED.
PUBLIC HEARING
a) This being the date set, and proper notices having been posted and published in accordance
with local and State laws, Mayor Pavone opened the public hearing to consider the proposed
reallocation of Community Development Block Grant - Coronavirus Round 3 (CDBG-CV3)
Funds.
Lori Fleming, Human Services Coordinator, reported that this public hearing is to consider the
reallocation of $35,000 in CDBG-CV3 commerce funds from recipient Valley Cities Counseling
to the Renton Salvation Army Food Bank. She explained that Valley Cities Counseling declined
the grant due to a staffing shortage, and recommended that the $35,000 be allocated to the
Renton Salvation Army to supplement their heating, ventilation, and air conditioning (HVAC)
project at their warehouse and food bank located at 206 S Tobin St. Concluding, Ms. Fleming
noted that this item is also on the consent agenda for referral to the Finance Committee.
Mayor Pavone called for public comment.
There being no public comments, correspondence, or deliberations, it was
MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL CLOSE THE PUBLIC
HEARING. CARRIED.
AGENDA ITEM #6. a)
April 3, 2023 REGULAR COUNCIL MEETING MINUTES
ADMINISTRATIVE REPORT
CAO Ed VanValey reviewed a written administrative report summarizing the City’s recent
progress towards goals and work programs adopted as part of its business plan for 2023 and
beyond. Items noted were:
• The Arbor Day Foundation has recognized Renton as a “Tree City of the World.” The
program is a global effort to recognize cities and towns committed to ensuring that
their urban forests and trees are properly maintained, sustainably managed, and duly
celebrated. To earn Tree Cities of the World recognition, Renton demonstrated its
commitment to a healthy urban forest by meeting five program standards. In
addition, Renton has again been recognized as a “Tree City USA” for the 15th year.
• Parks and Recreation’s Urban Forestry division will be performing remedial tree work
on cottonwoods in Liberty Park next to the Cedar River on April 4 through April 7.
After the recent failure of a large cottonwood in the same location late last year and
subsequent inspections, trimming work is needed to help better balance the crowns
and stabilize the remaining trees. No path, park, or roadway closures are necessary.
• In partnership with several agencies serving the Renton community, the Renton
Library, located at 100 Mill Avenue, will be hosting Resource Days on Friday, April 7
and Friday, May 12 from 11 a.m. to 2 p.m. This event will offer help in obtaining a
phone; getting access to free meals, clothing, hygiene kits, haircuts, and
identification; and connecting with community agencies.
• Preventative street maintenance will continue to impact traffic and result in
occasional street closures.
AUDIENCE COMMENTS
• Emmanuel Baily Medilo Mesico, Renton, spoke about wealth justice and raising the
minimum wage in Renton. He stated that Tukwila and SeaTac recently passed
legislation raising the minimum wage in those cities and urged council to support
similar efforts in Renton.
• Michael Westgaard, Renton, spoke on behalf of the raise the wage campaign in
Renton. He urged Council to support the effort.
• Melania Willers, Renton, urged Council to finish the sidewalk rehabilitation project in
the Maplewood Glen neighborhood that was stopped in 2017 before the project was
completed. She also requested that the city provide a sound test to the Washington
State Department of Transportation so a determination can be made as to the
appropriateness of installing a sound wall in the neighborhood to mitigate vehicular
noise from the Maple Valley Highway.
CONSENT AGENDA
Items listed on the Consent Agenda were adopted with one motion, following the listing.
a) Approval of Council Meeting minutes of March 27, 2023. Council Concur.
AGENDA ITEM #6. a)
April 3, 2023 REGULAR COUNCIL MEETING MINUTES
b) AB - 3305 Equity, Housing, and Human Services Department requested authorization to
reallocate Community Development Block Grant - Coronavirus Round 3 (CDBG-CV3) funds in
the amount of $35,000 from Valley Cities Counseling to the Renton Salvation Army. Valley
Cities Counseling declined acceptance of the funds, and the Renton Salvation Army will use
the funds to supplement a project that improves the heating, ventilation, and air conditioning
(HVAC) system at their Renton warehouse and food bank located at 206 S Tobin St. Refer to
Finance Committee.
c) AB - 3323 Executive Services Department reported that in April 2022, Council authorized the
city to sign the One Washington Memorandum of Understanding (MOU) regarding opioid
litigation settlement proceeds; and now requests authorization to sign Participation Forms
and an Allocation Agreement which will include the City of Renton in the final settlement
agreement with Walmart, Teva, Allergan, CVS, and Walgreens. Council Concur.
d) AB - 3317 Human Resources / Risk Management Department requested authorization to
restore longevity premiums, as described on the existing salary schedule for non-represented
staff, to the currently excluded and non-represented positions of Chief Administrative Officer,
Deputy Chief Administrative Officer, Department Administrator, Police Chief, and Deputy
Police Chief, beginning May 16, 2023, and going forward. Refer to Finance Committee.
e) AB - 3318 Public Works Utility Systems Division submitted CAG-21-001, Downtown Utility
Improvement project, contractor SCI Infrastructure, LLC, and requested acceptance of the
project, and authorization to release retainage, in the amount of $615,865.16 after 60 days
once all required releases from the state have been obtained and all claims against the
retainage have been legally cleared. Council Concur.
f) AB - 3321 Public Works Utility Systems Division recommended approval of Utility
Construction Agreement (UTB-1048), with the Washington State Department of
Transportation (WSDOT), in an estimated amount of $220,602.12, for costs associated with
the WSDOT Lind Ave SW Bridge Repair project. Refer to Finance Committee.
MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL CONCUR TO APPROVE
THE CONSENT AGENDA, AS PRESENTED CARRIED.
UNFINISHED BUSINESS
a) Utilities Committee Chair Alberson presented a report concurring in the staff recommendation
to authorize the Mayor and City Clerk to execute the agreement with The Blueline Group LLC in
the amount of $178,910 for design and bidding services for the NE 12th St Water Main
Replacement project.
MOVED BY ALBERSON, SECONDED BY RIVERA, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
b) Transportation Committee Chair McIrvin presented a report concurring in the staff
recommendation to execute the month-to-month lease with The Boeing Company. Such
authorization will have an initial increased annual economic impact of $1,307,522.04 for a Total
Annual Rent amount of $2,820,000.00 (as rounded by the arbitrator).
MOVED BY MCIRVIN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
AGENDA ITEM #6. a)
April 3, 2023 REGULAR COUNCIL MEETING MINUTES
c) Transportation Committee Chair McIrvin presented a report concurring in the staff
recommendation to authorize the Mayor and City Clerk to execute contract with Century West
Engineering, for Professional Services not to exceed $973,192, for the predesign and preliminary
engineering of the Taxiway Alpha Rehabilitation Project.
MOVED BY MCIRVIN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
NEW BUSINESS
Please see the attached Council Committee Meeting Calendar.
ADJOURNMENT
MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL ADJOURN. CARRIED.
TIME: 7:36 P.M.
Jason A. Seth, MMC, City Clerk
Jason Seth, Recorder
03 Apr 2023
AGENDA ITEM #6. a)
Council Committee Meeting Calendar
April 3, 2023
April 10, 2023
Monday
4:45 PM Finance Committee, Chair Pérez
Location: Council Conference Room/Videoconference
1. Grant Approval: Edward Byrne FY 2022 Justice Assistance Grant
2. Restoration of Longevity Premiums
3. WSDOT Utility Construction Agreement for the Lind Avenue SW Bridge
Repair
4. Reallocation of Community Development Block Grant ‐ Coronavirus
Round 3 Funds
5. Vouchers
6. Emerging Issues in Finance
CANCELED Planning & Development Committee, Chair Prince
6:00 PM Committee of the Whole, Chair O’Halloran
Location: Council Chambers/Videoconference
1. Transportation Benefit District Update
7:00 PM Council Meeting
Location: Council Chambers/Videoconference
AGENDA ITEM #6. a)
AB - 3330
City Council Regular Meeting - 10 Apr 2023
SUBJECT/TITLE: Grant Acceptance Agreement from U.S. Small Business
Administration for Logan Place Market
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Community & Economic Development Department
STAFF CONTACT: Amanda Free, Economic Development Assistant Director
EXT.: 7369
FISCAL IMPACT SUMMARY:
Accepting this U.S. Small Business Administration grant award would provide $1,500,000.00 towards the
Logan Place Market Rehabilitation project. Authorization is requested for additional budget appropriations in
the amount of $1,500,000 offset by additional grant revenues of the same amount and will be included in the
Q2 budget adjustment.
SUMMARY OF ACTION:
The City submitted a grant request for funding in the amount of $1,500,000 with Senator Murray and
Congressman Smith’s offices during the 2023 Congressional Earmark Initiatives. The project request will
support a portion of the design and construction to transform the existing Pavilion into a year-round food hall
and market. Preliminary concepts have been completed and this grant will allow the design process to begin.
EXHIBITS:
A. Issue PaperSBA Federal Grant
B. City of Renton NOA
C. SBA Construction Terms and Conditions
STAFF RECOMMENDATION:
Staff recommends approval of a grant agreement with the U.S. Small Business Administration for Logan Place
Market as a FY23 Congressional Community Project, in order to accept $1,500,000 in grant funds, for des ign
and construction of Logan Place Market in the existing Pavilion building.
AGENDA ITEM #6. b)
DEPARTMENT OF COMMUNITY &
ECONOMIC DEVELOPMENT
M E M O R A N D U M
DATE: April 3, 2023
TO: Valorie O’Halloran, Council President
Members of Renton City Council
CC: Armondo Pavone, Mayor
FROM: Chip Vincent, CED Administrator (x6588)
STAFF CONTACT: Amanda Free (x7369)
SUBJECT: Agreement with U.S. Small Business Administration For
Logan Place Market
ISSUE
Should Council authorize the execution of a grant agreement with the U.S. Small
Business Administration for Logan Place Market?
RECOMMENDATION
Staff recommends approval of a grant agreement with the U.S. Small Business
Administration for Logan Place Market as a FY23 Congressional Community Project, in
order to accept $1,500,000 in grant funds, for design and construction of Logan Place
Market in the existing Pavilion building.
BACKGROUND SUMMARY
The City submitted a grant request for funding in the amount of $1,500,000 with
Senator Murray and Congressman Smith’s offices during the 2023 Congressional
Earmark Initiatives. The project request will support a portion of the design and
construction to transform the existing Pavilion into a year-round food hall and market.
Preliminary concepts have been completed and this grant will allow the design process
to begin.
Award Number: SBAHQ23I0017
Project Title: Logan Place Market Rehabilitation
Project Purpose: Community project funding will help the City of Renton rehabilitate an
aging publicly-owned facility and transform it into a vibrant marketplace for residents
and an incubator space for small businesses with a particular focus on minority-owned,
women-owned, and historically disadvantaged businesses. The project envisioned as
“Logan Place Market” would be catalyzed by funding to rehabilitate and overhaul the
Pavilion Event Center in the heart of downtown Renton. The Pavilion building is a
former auto dealership that the city purchased and re-purposed in 2004. In nearly two
decades since, little has been done to rejuvenate the facility at the very same time the city
AGENDA ITEM #6. b)
Valorie O’Halloran, Council President
Page 2 of 2
April 3, 2023
has experienced explosive growth, particularly among communities of color.To serve its
overall growth, to bring economic vitality into the heart of the community, and to bring
new opportunities and access to a historically disadvantaged community, Renton recently
completed a “Civic Core Vision and Action Plan,” a centerpiece of which is to revitalize
the city-owned Pavilion. While the Pavilion is used for some events in evening hours, it
is badly lacking in terms of day use, has no space to host the city's diverse community,
and does not provide access to minority- and women-owned and historically
disadvantaged businesses which are in dire need of incubator space to help start-up
enterprises flourish.
Award Amount: $1,500,000
Period of Performance: 4/1/2023 – 6/30/2025
AGENDA ITEM #6. b)
NOTICE OF AWARDU.S. Small Business Administration
2. Grant/Cooperative Agreement No.:1. AUTHORIZATION (Legislation/
Regulation)
From Through
(Mo./Day/Yr.)5. BUDGET PERIOD (Mo./Day/Yr.)
From Through
6. FEDERAL CATALOG NO. 7. ADMINISTRATIVE CODES
(Mo./Day/Yr.)4. PROJECT PERIOD (Mo./Day/Yr.)
3. RECIPIENT: (Name, Organizational Unit, Address)
8. TITLE OF PROJECT/PROGRAM (limit to 53 spaces)
9. AWARD AMOUNT
Amount of SBA Financial
Assistance
10.DIRECTOR OF PROJECT (Program or Center Director,
Coordinator or Principal Investigator)
11.RECOMMENDED FUTURE SUPPORT (Subject to the availability offunds and satisfactory progress of the
project)
NAME BUDGET
YEAR
TOTAL
DIRECT COST
BUDGET
YEAR
TOTAL
DIRECT COSTLast First Initial
ADDRESS:a. b.
Yes No(Other Terms & Conditions Attached)
SBA Funds
Only
Total project costs including all other financial
participation.
FederalShare Non-FederalShare
a. Personal Service
b. Fringe Benefits
c. Consultants
d. Travel
e. Equipment
g. Contractual
14. THIS AWARD IS SUBJECT TO THE FOLLOWING
COST PRINCIPLESAND OMB UNIFORM
ADMINISTRATIVE REQUIREMENTS:
2 CFR Chapter 1, Chapter II, Part 200, et al,
uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal
Awards.
Part 180 - OMB Guidelines to Agencies on
government debarment and suspension (Non
Procurement)
In-KindNon-Federal Program Inc.Non-Federal
i. TOTAL DIRECT COSTS
j. Indirect cost
(Rate).
13. REMARKS12. Approved Budget (Excludes SBA Direct Assistance)
f. Supplies
h. Other
k. OTHER APPL. COSTS
l. TOTAL APPROVED BUDGET
subject to adjustment in accordance with SBA
policy
15. THIS AWARD IS SUBJECT TO THE TERMS AND CONDITIONS ON THE REVERSE SIDE
18.CONGRESSIONALDISTRICT NO.
16. CRS - EIN 17. COUNTY NAME
19a. CITY CODE b. COUNTY CODE c. STATE CODE d. PROGRAM CODE
BUDGET CODE DOCUMENT NO. AMT. ACTION FIN. ASST. TYPE OF ORGANIZATION
20a. b. c. d.
21. AGENCY OFFICIAL (Signature, Name and Title)22. DATE ISSUED (Mo./Day/Yr.)
23. RECIPIENT OFFICIAL (Signature, Name and Title)24. DATE (Mo./Day/Yr.)
SBA FORM 1222 (4-15) Previous editions obsolete
OMB Approval No.: 3245-0140
Expiration Date 7/31/2018
PURPOSE: This form is used to notify grant recipients of award reporting and record keeping requirements. Grantees are
required to review and sign the form and return to SBA at the address: SBDC- SBA/OSBDC, 409 Third Street, SW 6th Floor,
Washington, DC 20416All other SBA/OGM, 409 Third Street, 5th Floor, Washington, DC 20416
*Must meet all matching or cost participation
requirements
AGENDA ITEM #6. b)
SBA FORM 1222 (4-15) Previous editions obsolete
Note: The estimated burden completing this form is 80 hours per response. You will not be required to respond to any collection
of information unless it displays a currently valid OMB approval number. Comments on the burden should be sent to
U.S. Small Business Administration, Chief, AIB, 409, 3rd St., S.W., Washigton, D.C. 20416 and Desk Office for Small Business
Administration, Office of Management and Budget, New Executive Office Building, room 10202 Washington, D.C. 20503. OMB
Approval (3245-0140).
PLEASE DO NOT SEND FORMS TO OMB.
AGENDA ITEM #6. b)
Page 1
SBA Award Standard Terms and Conditions
U.S. Small Business Administration
FY 23 Congressional Community Projects
Recipient: City of Renton
Federal Assistance Award Number: SBAHQ23I0012
Award Amount: $1,500,000
Grants Management Officer:
Name: Phuc Nguyen
Email: Phuc.nguyen@sba.gov
Purpose: SEC. 542. For an additional amount for ‘‘Small Business Administration—Salaries and Expenses’
Congressional funding has been established which shall be for initiatives related to small business
development and entrepreneurship, including programmatic and construction activities, in the amounts and
for the projects specified in the table that appears under the heading ‘‘Administrative Provisions—Small
Business Administration’’ in the explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided, That, notwithstanding sections 13 2701.92 and 2701.93 of
title 2, Code of Federal Regulations, the Administrator of the Small Business Administration may permit
awards to subrecipients for initiatives funded under this section: Provided further, That none of the funds
made available by this section may be transferred for any other purpose.
Project Title: Logan Place Market Rehabilitation
Project Summary: Community project funding will help the City of Renton rehabilitate an aging publicly-
owned facility and transform it into a vibrant marketplace for residents and an incubator space for small
businesses with a particular focus on minority-owned, women-owned, and historically disadvantaged
businesses. The project envisioned as “Logan Place Market” would be catalyzed by funding to rehabilitate
and overhaul the Pavilion Event Center in the heart of downtown Renton. The Pavilion building is a former
auto dealership that the city purchased and re-purposed in 2004. In nearly two decades since, little has been
done to rejuvenate the facility at the very same time the city has experienced explosive growth, particularly
among communities of color.To serve its overall growth, to bring economic vitality into the heart of the
community, and to bring new opportunities and access to a historically disadvantaged community, Renton
recently completed a “Civic Core Vision and Action Plan,” a centerpiece of which is to revitalize the city-
owned Pavilion. While the Pavilion is used for some events in evening hours, it is badly lacking in terms of
day use, has no space to host the city's diverse community, and does not provide access to minority- and
women-owned and historically disadvantaged businesses which are in dire need of incubator space to help
start-up enterprises flourish.
Award Terms and Conditions
1. Standard Term - Acceptance of the Terms of an Award
By drawing or otherwise obtaining funds from the Small Business Administration (SBA), the
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SBA Award Standard Terms and Conditions
non- federal entity acknowledges acceptance of the terms and conditions of the award and is
obligated to perform in accordance with the requirements of the award.
Certification Statement: By drawing down funds, the non-federal entity certifies that proper
financial management controls and accounting systems, to include personnel policies and
procedures, have been established to adequately administer federal awards and funds drawn down.
Non-federal entities of Small Business Administration (SBA) earmark agreement must comply
with all terms and conditions of their awards, including: (a) terms and conditions included in the
SBA Grants Policy effective at the time of award including the requirements of OMB grants
administration regulations; (b) requirements of the authorizing statutes and implementing
regulations for the program under which the award is funded; (c) applicable requirements or
limitations in appropriations acts; and (d) any requirements specific to the particular award
specified in program policy and guidance.
2. Standard Term - Award Expectations
The stipulated reporting requirements as part of this award must be addressed by the project
end date. Additional terms and/or conditions may be applied to this award if outstanding
financial or programmatic compliance issues are identified by SBA.
3. Standard Term - Administrative and National Policy Requirements
Public policy requirements are requirements with a broader national purpose than that of the
Federal sponsoring program or award that an applicant/non-federal entity must adhere to as a
prerequisite to and/or condition of an award. Public policy requirements are established by
statute, regulation, DOJ, and OMB memorandums, or Executive order. In some cases, they
relate to general activities, such as preservation of the environment, while, in other cases they
are integral to the purposes of the award-supported activities. An application funded with the
release of federal funds through a grant award does not constitute or imply compliance with
federal statute and regulations. Funded organizations are responsible for ensuring that their
activities comply with all applicable federal regulation requirements.
4. Standard Term - Executive Pay
The Consolidated Appropriations Act, 2020 (Pub. L.116-94) signed into law on December 20,
2019, restricts the amount of direct salary to Executive Level II of the Federal Executive Pay
scale. The Executive Level II salary per E.O. 13756, was increased to $199,300 effective
January 2021.
The law limits the salary amount that may be awarded and charged to SBA assistance agreements
and cooperative agreements. Award funds may not be used to pay the salary of any individual at a
rate in excess of Executive Level II. This amount reflects an individual’s base salary exclusive of
fringe and any income that an individual may be permitted to earn outside of the duties to the
applicant organization. This salary limitation also applies to subawards/subcontracts under an
SBA grant or cooperative agreement.
5. Standard Term - Non-federal Entity Responsibilities
a. Be responsive to SBA requests for information and communication. Changes to
Your organization’s contact information, including Your Agreement Officer
Representative (AOR) or other key personnel designated representatives, must be
reported promptly to SBA.
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SBA Award Standard Terms and Conditions
b. Cooperate with all programmatic and financial examinations and any accreditation or
certification reviews conducted by SBA, its agents, or contractors. You will promptly
address and act upon all findings regarding Your project made as part of any such
process.
• Provide full access to all activities supported with project funds to the general
public without regard to their participation in any paid membership or
subscription plan.
• Maintain adequate staffing levels for the delivery of client services, including
replacing Key Personnel no more than 60 days after they cease their
involvement with the project.
• Participate in SBA surveys and studies regarding the effectiveness and
outcomes of the program/project, curriculum, types of assistance, service
delivery methods, etc."
c. Coordinate with SBA and other Agency resource partners operating within Your project
service area to maximize the effectiveness of Your efforts and avoid duplication of
products and services.
d. Promote SBA programs, products, and services to clients, as appropriate.
e. Maintain adequate, readily accessible facilities for assisting clients.
f. Provide meaningful access to project services for clients with limited English language
proficiency and/or disabilities.
g. Submit and update information to USASpending.gov and other Federal databases, as
required.
6. Standard Term - Recipient Integrity and Performance
Appendix XII to 2 CFR Part 200
i. Reporting of Matters Related to Recipient Integrity and Performance
• Proceedings About Which You Must Report
Submit the information required about each proceeding that:
• Is in connection with the award or performance of a
grant, cooperative agreement, or procurement contract from the
Federal Government;
• Reached its final disposition during the most recent five-year period; and
• If one of the following:
• A criminal proceeding that resulted in a
conviction, as defined in paragraph 5 of this award
term and condition;
• A civil proceeding that resulted in a finding of
fault and liability and payment of a monetary fine,
penalty, reimbursement, restitution, or damages of
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SBA Award Standard Terms and Conditions
$5,000 or more;
• An administrative proceeding, as defined in
paragraph 5 of this award term and condition, that
resulted in a finding of fault and liability and your
payment of either a monetary fine or penalty of
$5,000 or more or reimbursement, restitution, or
damages in excess of $100,000; or
• Any other criminal, civil, or administrative proceeding if:
• It could have led to an outcome described in
paragraph 2.c.(1), (2), or
(3) of this award term and condition;
• It had a different disposition arrived at by consent or compromise
with an acknowledgement of fault on your part; and
• The requirement in this award term and condition to disclose
information about the proceeding does not conflict with applicable laws
and regulations.
• Reporting Frequency
Unless specified otherwise in the Special Terms and Conditions for Your award, the
following reporting timelines apply:
For multi-year performance periods, annual financial and performance reports are due thirty
(30) days after each year.
Final Financial Reporting – Non-Federal Entities are required to submit at the end of
the performance period (form SF-425).
Final Performance Report – The final report is due thirty (30) days after the period
of performance and must be sent directly to your assigned Grants Management Officer.
Reports must be emailed to your designated Grants Management Officer:
Grants Management Officer: Phuc Nguyen
Email: OGMEarmark@sba.gov
7. Standard Term - Acknowledgement of SBA Support/Use of SBA’s Logo/Publication
Requirements.
It is important that Your clients and the general public are aware of the Congressional Community
Program and SBA’s role in this project, as well as the taxpayer funded support the Agency is
providing under this Award. Therefore, You must include the following acknowledgment of support
statement on all materials produced in whole or in part with Project Funds:
“Funded [in part] through a Grant with the U.S. Small Business Administration.” For purposes of this
requirement, the term “materials” includes, but is not limited to, press releases,
brochures, pamphlets, handouts, reports, advertisements, books, curricula, websites, video or audio
productions, and similar items regardless of the medium employed. The term “materials” does not
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SBA Award Standard Terms and Conditions
include stationery or business cards and SBA’s logo may not be used on such items.
Where the non-federal entity (You) use Project Funds to produce materials featuring editorial
content, You must use the following alternate acknowledgment of support statement (either
independently or in conjunction with the SBA logo):
“Funded in part through a Grant with the U.S. Small Business Administration. All opinions,
conclusions, and/or recommendations expressed herein are those of the author(s) and do not
necessarily reflect the views of the SBA.”
In addition, You must display signage featuring the SBA logo at all facilities that are open to the
public and which are being used for project activities. Such signage must prominently feature the
acknowledgment of support statement identified above.
Where used, the acknowledgment of support statement must be presented in a legible typeface, font
size, and (where applicable) color contrast and must appear verbatim and may not be altered or
replaced with substitute language. However, on materials with severe space constraints such as signs
and banners, You may use “SBA” in the acknowledgment of support statement instead of “U.S. Small
Business Administration.”
You may elect to use SBA’s logo on materials produced with Project Funds. You may contact the
GMO in order to obtain a high-resolution copy of SBA’s logo and a copy of SBA’s Graphic and Use
Guide. Where used, the SBA logo may be positioned in close proximity to Your organization’s logo
or may be placed in a prominent location elsewhere in the material. However, SBA’s logo may not be
placed in close proximity to any third party’s logo, or used in such a way as may imply that a
relationship exists between SBA and any third party (Note: Your organization’s parent entity is not
considered a third party). Additionally, in each instance where You use the SBA logo, You must
also include the acknowledgement of support statement in reasonably close proximity to the logo.
Neither the SBA logo nor the acknowledgment of support statement may be used in connection with
activities outside the scope of this Award. In particular, UNDER NO CIRCUMSTANCES may the
SBA logo or acknowledgment of support statement appear on items used in conjunction with
fundraising, lobbying, or the express or implied endorsement of any goods, service, entity, or
individual. Additionally, You may not use the SBA logo on any social media sites or services
without obtaining prior approval from SBA. For further guidance regarding the prior approval
process, see Part III(A)(13) above.
8. Standard Term - Mandatory Disclosures
Recipients must disclose in a timely manner, in writing to the SBA awarding agency with a copy to
the SBA Office of Inspector General (OIG), all information related to violations of federal criminal
law involving fraud, bribery, or gratuity violations potentially affecting the federal award.
Subrecipients must disclose, in a timely manner, in writing to the prime recipient (pass through entity)
and the SBA OIG, all information related to violations of federal criminal law involving fraud,
bribery, or gratuity violations potentially affecting the federal award. Disclosures must be sent in
writing to the awarding agency and to the SBA OIG and OGM at the following addresses:
US Small Business Administration
Attention: Office of Grants Management
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SBA Award Standard Terms and Conditions
409 3rd Street SW, Suite 500
Washington, DC 20416
AND
US Small Business Administration
Office of Inspector General
409 3rd Street SW, 5th Floor
Washington, DC 20416
Failure to make required disclosures can result in any of the remedies for noncompliance,
including suspension or debarment.
9. Lobbying Restrictions
Recipients are subject to the restrictions on lobbying.
18 U.S.C. § 1913, No part of the money appropriated by any enactment of Congress shall, in the
absence of express authorization by Congress, be used directly or indirectly to pay for any personal
service, advertisement, telegram, telephone, letter, printed or written matter, or other device,
intended or designed to influence in any manner a Member of Congress, a jurisdiction, or an official
of any government, to favor, adopt, or oppose, by vote or otherwise, any legislation, law, ratification,
policy, or appropriation, whether before or after the introduction of any bill, measure, or resolution
proposing such legislation, law, ratification, policy, or appropriation; but this shall not prevent
officers or employees of the United States or of its departments or agencies from communicating to
any such Member or official, at his/her request, or to Congress or such official, through the proper
official channels, requests for any legislation, law, ratification, policy, or appropriations which they
deem necessary for the efficient conduct of the public business, or from making any communication
whose prohibition by this section might, in the opinion of the Attorney General, violate the
Constitution or interfere with the conduct of foreign policy, counter- intelligence, intelligence, or
national security activities.
Violations of this section shall constitute as a violation of 31 U.S.C. § 1352(a).
10. Drug-Free Workplace
The Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.) requires that all organizations
receiving grants from any Federal agency agree to maintain a drug-free workplace. By signing the
application, the AOR agrees that the Non-federal entity will provide a drug-free workplace and will
comply with the requirement to notify NIH if an employee is convicted of violating a criminal drug
statute. Failure to comply with these requirements may be cause for debarment. Government wide
requirements for Drug- Free Workplace for Financial Assistance are found in 2 CFR part 182; SBA
implementing regulations are set forth in 2 CFR part 382.400. All non-federal entities of SBA grant
funds must comply with the requirements in Subpart B (or Subpart C if the non-federal entity is an
individual) of part 382.
11. Non- Transferability
This Award may not be transferred or assigned (either in whole or in part) without prior written
approval from SBA. Additionally, no interest in this Award may be conferred upon a third party and
the Award may not be pledged as collateral or security.
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12. Standard Term - Advancing Racial Equity and Support for Underserved Communities
Executive Order: Advancing Racial Equity and Support for Underserved Communities through the
Federal Governments (E.O. 13985 can be found at:
https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and-
support-for-underserved-communities-through-the-federal-government )
13. Standard Term - Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(G)), as
amended, and 2 C.F.R. PART 175
The Trafficking Victims Protection Act of 2000 authorizes termination of financial assistance
provided to a private entity, without penalty to the federal government, if the recipient or
subrecipient engages in certain activities related to trafficking in persons. 2 C.F.R. § 175.15(b). See
http://www.gpo.gov/fdsys/pkg/CFR-2012-title2-vol1/pdf/CFR-2012- title2-vol1-sec175-15.pdf.
Award Term from Trafficking in persons.
a. Provisions applicable to a recipient that is a private entity.
1) You, as the recipient, your employees, subrecipients under this award, and subrecipients’
employees may not:
a) Engage in severe forms of trafficking in persons during the period of time that the
award is in effect;
b) Procure a commercial sex act during the period of time that the award is in effect; or
c) Use forced labor in the performance of the award or subawards under the award.
2) We as the federal awarding agency may unilaterally terminate this award, without penalty, if
you or a subrecipient that is a private entity:
a) Is determined to have violated a prohibition in paragraph a.1 of this award term; or
b) Has an employee who is determined by the agency official authorized to terminate
the award to have violated a prohibition in paragraph a.1 of this award term through
conduct that is either:
i. Associated with performance under this award; or
ii. Imputed to you or the subrecipient using the standards and due process for
imputing the conduct of an individual to an organization that are provided in 2
C.F.R. Part 180, “OMB Guidelines to Agencies on and Suspension
(Non- procurement).”
b. Provision applicable to a non-federal entity other than a private entity. We as the federal
awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a
private entity:
1) Is determined to have violated an applicable prohibition in paragraph a.1 of this award term;
or
2) Has an employee who is determined by the agency official authorized to terminate the award to
have violated an applicable prohibition in paragraph a.1 of this award term through conduct that
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SBA Award Standard Terms and Conditions
is either:
a) Associated with performance under this award; or
b) Imputed to the subrecipient using the standards and due process for imputing the
conduct of an individual to an organization that are provided in 2 CFR part 180,
“OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Non-
procurement),” as implemented by our agency at 2 CFR Part 1125.
c. Provisions applicable to any non-federal entity.
1) You must inform us immediately of any information you receive from any source alleging a
violation of a prohibition in paragraph a.1 of this award term.
2) Our right to terminate unilaterally that is described in paragraph a.2 or b of this section:
a) Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA),
as amended (22 U.S.C. 7104(g)); and
b) Is in addition to all other remedies for noncompliance that are available to us under
this award.
3) You must include the requirements of paragraph a.1 of this award term in any subaward you
make to a private entity.
d. Definitions. For purposes of this award term:
1) “Employee” means either:
• An individual employed by you or a subrecipient who is engaged in the performance of the
project or program under this award; or
• Another person engaged in the performance of the project or program under this award and
not compensated by you including, but not limited to, a volunteer or individual whose services
are contributed by a third party as an in-kind contribution toward cost sharing or matching
requirements.
2) “Forced labor” means labor obtained by any of the following methods: the recruitment,
harboring, transportation, provision, or obtaining of a person for labor or services, through the
use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage,
debt bondage, or slavery.
3) “Private entity”:
• Means any entity other than a state, local government, Indian tribe, or foreign public entity, as
those terms are defined in 2 CFR 175.25.
• Includes:
A nonprofit organization, including any nonprofit institution of higher education,
hospital, or tribal organization other than one included in the definition of Indian tribe
at 2 CFR 175.25(b).
A for-profit organization.
4) “Severe forms of trafficking in persons,” “commercial sex act,” and “coercion” have the
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meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102).
14. Standard Term - Accessibility Provisions
Non-federal entities of federal financial assistance (FFA) from SBA must administer their programs
in compliance with federal civil rights law. This means that non-federal entities of SBA funds must
ensure equal access to their programs without regard to a person’s race, color, national origin,
disability, age, and in some circumstances, sex and religion. This includes ensuring your programs
are accessible to persons with limited English proficiency. SBA provides guidance to recipients of
FFA on meeting their legal obligation to take reasonable steps to provide meaningful access to their
programs by persons with limited English proficiency.
The SBA Office for Civil Rights also provides guidance on complying with civil rights laws enforced
by SBA.
Recipients of SBA also have specific legal obligations for serving qualified individuals with
disabilities. Please contact the SBA Office for Civil Rights for more information about obligations
and prohibitions under federal civil rights laws at 1- 800-827-5722.
15. Standard Term - Accessibility of Facilities and Events
In accordance with the Americans With Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.) and §
504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), all facilities You use to provide services to
the public in connection with this project must be accessible by persons with disabilities. In addition,
all notices, promotional items, brochures, publications, and media announcements informing the
public of events, programs, meetings, seminars, conferences and workshops conducted pursuant to
this project must include the following accessibility/accommodations notice:
Reasonable accommodations for persons with disabilities will be made if requested at least two
weeks in advance. Contact [insert contact information for the person who will make the
arrangements]."
16. Standard Term - Data Collection and Performance Measurement:
All non-federal entities are required to collect and report evaluation data to ensure the effectiveness
and efficiency of its programs under the Government Performance and Results (GPRA)
Modernization Act of 2010 (P.L. 102-62). Non-federal entities must comply with the performance
goals, milestones, and expected outcomes.
17. Standard Term - Procurement of Goods and Services:
You are encouraged to follow your own procurement policies and procedures when contracting with
Project Funds. Additionally, when using Project Funds to procure supplies and/or equipment, You
are encouraged to purchase American-manufactured goods to the maximum extent practicable.
American-manufactured goods are those products for which the cost of their component parts that
were mined, produced, or manufactured in the United States exceeds 50 percent of the total cost of
all their components. For further guidance regarding what constitutes an American-manufactured
good (also known as a domestic end product), see 48 C.F.R. Part 25.
18. Standard Term – Recordkeeping
You must maintain complete and accurate records and supporting documentation of sufficient detail
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SBA Award Standard Terms and Conditions
to facilitate a thorough financial, programmatic, and/or legal compliance audit or examination of this
project. You must make these records available to SBA, its agents, its Office of Inspector General,
and/or Federal investigators on demand and provide them with unrestricted access to
review and make copies of all products, materials, and data, including those prepared or stored
electronically. Standard Term - Submitting Responses to Conditions and Reporting
Requirements. Unless otherwise identified in the special terms and conditions of award and post
award requests, all responses to special terms and conditions of award and post award requests
must be submitted to the Office of Grants Management (OGM).
19. Standard Term - FAIN/UEI
The Unique Entity Identifier (formerly DUNS) number means the nine-digit number established and
assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A Unique Entity
Identifier number may be obtained from the D&B by telephone (currently 866-705-5711) or the
Internet (currently at http://fedgov.dnb.com/webform).
20. Standard Term – Whistleblower Protection
If you are a Federal employee, or employee of a contractor, subcontractor, or grantee submitting
information to the SBA OIG regarding fraud waste or abuse in the SBA’s programs or operations,
you are probably a whistleblower. Please be aware, however that specific criteria apply to
whistleblower protections afforded by law. For example, disclosures by current and former federal
employees, applicants for federal employment, and employees of a federal contractor, subcontractor,
or grantee have special meaning and protections.
Federal law prohibits governmental personnel from retaliating against an employee who acts as a
whistleblower by reporting suspected waste, fraud or abuse to the OIG. Under the Federal
prohibited personnel practices, 5 U.S.C. §2302(b)(8), employees may not “take or fail to take, or
threaten to take or fail to take, a personnel action with respect to any employee or applicant for
employment” because the person has disclosed information to an OIG which he or she reasonably
believes is evidence of (1) a violation of any law, rule, or regulation, or (2) gross mismanagement, a
gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or
safety, so long as the disclosure is not specifically prohibited by law or Executive Order.
Reporting Fraud
The OIG encourages all SBA employees and lenders to be on the lookout for fraud. If you suspect
fraud, please report it to the OIG immediately by contacting the OIG Hotline at 1-800-767-0385 or
OIGHotline@sba.gov(link sends e-mail).
21. Standard Term – Restrictions on Certain Types of Clients
You may not utilize project resources to provide counseling services to any concern that:
• is other than small;
• is based in a foreign country;
• is engaged in any activity that is illegal under federal, state, or local law or that can reasonably
be determined to support or facilitate any activity that is illegal under federal, state, or local law;
• derives more than one-third of its gross annual revenue from legal gambling activities;
• presents live performances of a prurient sexual nature or derives more than a de-minimus
amount of revenue from the sale of products or services of a prurient sexual nature;
• is not organized for profit (Exception: To the extent it does not negatively impact the goals or
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milestones established under this Award or detract from its core purpose, You may use project
resources to counsel non-profit organizations that devote a significant portion of their activities to
assisting entrepreneurs).
22. Standard Term – Governing Authority/Order of Precedence
This Award is subject to the following requirements and representations, whether stated explicitly
or incorporated by reference:
1. The statutes, regulations, and policy documents cited in Blocks 1 and 14 of the Notice of
Award cover page and any other relevant, subsequently enacted laws.
2. Those terms and conditions set forth below.
3. Your accepted application for this Award, including all forms and assurances, and any
subsequently approved additions or modifications.
In the event of a conflict between these requirements, the Order of Precedence listed above will
determine which prevails. Unless explicitly stated otherwise, all deadlines discussed in this Notice of
Award will be measured in terms of calendar days. By signing Block 23 of the Notice of Award
cover page, You acknowledge Your acceptance of all these requirements.
Commencement of Construction
a) Delayed construction starts. If significant construction (as determined by SBA) is not commenced
within two years of the Award date or by the date estimated for start of construction in this Award
(or the expiration of any extension granted in writing by SBA), whichever is later, this Award will
be automatically suspended by a written notification issued by the Grants Management Officer and
may be terminated if SBA determines, after consultation with the Recipient, that construction to
completion cannot reasonably be expected to proceed promptly and expeditiously.
b) Early construction starts. The Recipient must make a written request to SBA for early construction
start permission (that is, after the date of Award, but before SBA gives formal approval for
construction to commence). Costs incurred under a contract are only allowable after SBA
determines that the award of the contract is in compliance with all terms and conditions of the
Award. If construction commences prior to SBA’s determination, the Recipient proceeds at its own
risk until SBA’s review and concurrence.
Project Sign and Use of SBA Logo
a) Project sign. The Recipient is responsible for constructing, erecting, and maintaining in good
condition throughout the construction period a sign (or signs) in a conspicuous place at the Project
site indicating that the Federal Government is participating in the Project. SBA will provide
specifications for the sign and may require more than one sign if site conditions so warrant. If the
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SBA-recommended sign specifications conflict with State or local law, the Recipient may modify
such recommended specifications so as to comply with State or local law.
b) Use of SBA logo. With SBA’s prior written permission, the Recipient may use the SBA logo to
publicize the Award as well as to amplify the impact of the Award. In such cases, the SBA logo
may be displayed on Award-related materials that discuss or advertise the purpose or use of the
Project (e.g. websites, social media, fliers, pamphlets, brochures). To seek permission to use the
SBA logo, the Recipient must contact the SBA Grants Management Officer and provide a written
description of how the Recipient proposes to use the SBA logo. In general, the SBA logo may be
used either alone or next to Recipient’s logo. The SBA logo may not be used to endorse a third party
as interpreted at SBA’s sole discretion. The Recipient must not use the SBA logo in a negative or
defamatory manner. SBA may rescind such permission at any time.
Efficient Administration of Project
The Recipient agrees to properly and efficiently administer, operate, and maintain the Project for its
estimated useful life. If SBA determines at any time during the estimated useful life of the facility that the
Project is not being properly and efficiently administered, operated, and maintained, SBA may terminate
this Award (if it is still active) and/or may take appropriate enforcement action to protect the Federal Interest
in the Project, including requiring the Recipient to repay the Federal Share
Additional Requirements Related to Construction Projects.
The Recipient and any subrecipients, must, in addition to other statutory and regulatory requirements
detailed in these SBA Construction standard terms and conditions and the assurances made to SBA in
connection with the Award, comply and require each of its contractors and subcontractors employed in the
completion of the Project to comply with all applicable Federal, State, territorial, and local laws, and in
particular, the following Federal laws (and the regulations issued thereunder), executive orders, OMB
circulars, OMB Uniform Guidance, and local law requirements.
The Contract Work Hours and Safety Standards Act, as amended (40 U.S.C. §§ 3701-3708), which
provides work hour standards for every laborer and mechanic employed by any contractor or subcontractor
in the performance of a Federal public works project.
The National Historic Preservation Act of 1966, as amended (54 U.S.C. § 300101 et seq.), and the
Advisory Council on Historic Preservation Guidelines (36 CFR part 800), which require stewardship of
historic properties in projects involving Federal funds.
Preservation of Historical and Archeological Data (54 U.S.C. § 312502), which requires appropriate
surveys and preservation efforts if a Federally licensed project may cause 21 irreparable loss or destruction
of significant scientific, prehistorical, historical, or archeological data.
The Architectural Barriers Act of 1968, as amended (42 U.S.C. § 4151 et seq.), and the regulations issued
thereunder, which prescribe standards for the design and construction of any building or facility intended to
be accessible to the public or that may house handicapped employees. 6. The Uniform Relocation
Assistance and Real Property.
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 , as amended
(42 U.S.C. § 4601 et seq.), and implementing regulations issued at 49 CFR part 24 (“Uniform Relocation
Assistance and Real Property Acquisition for Federal and Federally Assisted Programs”), which establish
uniform policies for the fair and equitable treatment of persons, businesses, or farm operations affected by
the acquisition, rehabilitation, or demolition of real property acquired for a project financed wholly or in part
AGENDA ITEM #6. b)
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SBA Award Standard Terms and Conditions
with Federal financial assistance.
The Energy Conservation and Production Act (42 U.S.C. § 6834 et seq.), which establishes energy
efficiency performance standards for the construction of new residential and commercial structures
undertaken with Federal financial assistance.
Executive Order 13717, “Seismic Safety of Federal and Federally Assisted or Regulated New Building
Construction”, which requires that new buildings constructed with Federal assistance comply with the
earthquake-resistant design provisions of the 2015 editions of the International Building Code (IBC) or the
International Residential Code (IRC), nationally recognized building codes promulgated by the International
Code Council (ICC), or equivalent codes, consistent with the provisions of and to the extent required by 40
U.S.C. § 3312. 9. Compliance with Local Construction Requirements. The Recipient will comply with
current local building codes, standards, and other requirements applicable to the Project.
SBA Contracting Provisions for Construction Projects the Recipient must use the “SBA Contracting
Provisions for Construction Projects” as guidance in developing all construction contracts. The “SBA
Contracting Provisions for Construction Projects” lists applicable SBA and other Federal requirements for
construction contracts.
Property
Standards With respect to any property acquired or improved in whole or in part with Award funds, the
Recipient must comply with the Property Standards set forth at 2 CFR §§ 200.310 (“Insurance coverage”)
through 200.316 (“Property trust relationship”), and SBA’s regulations at 13 CFR part 314. Property
acquired or improved in whole or in part by the Recipient under this Award may consist of real property;
personal property, including equipment and supplies; and intangible property, such as money, notes,
contractual rights, and security interests. Any property reports required under 2 CFR §§ 200.310 through
200.316, such as periodic inventories and requests for disposition instructions, must be submitted to the
Grants Management Officer through the Project Officer on Form SF-428 and/or SF-429, as applicable.
Title
a) Title to equipment, supplies, and intangible property acquired in whole or in part under this Award
generally vests upon acquisition in the Recipient. The use, management and disposition of
equipment, supplies, and intangible property acquired in whole or in part under this Award must be
in accordance with 2 CFR §§ 200.313 (“Equipment”), 200.314 (“Supplies”), and 200.315
(“Intangible property”).
b) Title to real property acquired in whole or in part under this Award generally vests upon acquisition
in the Recipient, subject to the condition that the Recipient uses the real property for the authorized
purpose of the Project. See 2 CFR § 200.311 (“Real property”).
SBA’s Interest in Award Property
a) General - evidence of title of these SBA Construction standard terms and conditions “Recipient as
Trustee”, real property, equipment, and intangible property acquired or improved under this Award
must be held in trust by the Recipient as trustee for the public purposes of an Award. This trust
relationship exists throughout the duration of the property’s estimated useful life, as determined by
SBA, during which time SBA retains an undivided, equitable reversionary interest in the property
(“Federal Interest”).
AGENDA ITEM #6. b)
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SBA Award Standard Terms and Conditions
b) Before advertising for construction bids or at such other time as SBA requires, the Recipient must
furnish evidence, satisfactory in form and substance to SBA, that title to real property required for
the Project (other than property of the United States and as provided in 13 CFR § 314.7(c) (“Title”))
is vested in the Recipient and that such easements, rights-of-way, State or local government
occupancy or use permits, long-term leases, or other property interests or access rights required for
the Project have been or will be obtained by the Recipient within an acceptable time, as determined
by SBA. All liens, mortgages, other encumbrances, reservations, reversionary interests, or other
restrictions on title or the Recipient’s interest in the property must be disclosed to SBA.
c) For all Projects involving the acquisition, construction, or improvement of a building, infrastructure,
or other real property, as determined by SBA, the Recipient must execute and furnish to SBA, prior
to initial Award disbursement or at such other time as SBA requires, a lien, covenant, or other
statement, satisfactory to SBA in form and substance, of SBA’s interest in the property acquired or
improved in whole or in part with the funds made available under this Award. SBA may permit such
statement to be recorded after initial Award disbursement in the event that grant funds are being
used to acquire such property or for authorized costs, such as design and engineering services. The
statement must specify the estimated useful life of the Project and must include the disposition,
encumbrance, and the Federal Share compensation requirements, as well as any other requirements
specified by SBA in its reasonable discretion.
d) This lien, covenant, or other statement of the Federal interest must be perfected and placed of record
in the real property records of the jurisdiction in which the property is located, all in accordance
with applicable law. SBA may require an opinion of counsel for the Recipient to substantiate that
the document was validly executed and properly recorded.
e) Facilities in which the SBA assistance is only a small part of a larger project, as determined by
SBA, may be exempted from the requirements.
f) In extraordinary circumstances and at SBA’s discretion, SBA may choose to accept another
instrument to protect SBA’s interest in the Project property, such as an escrow agreement or letter of
credit, provided that SBA determines such instrument is adequate and a recorded statement.
g) The terms and provisions of the relevant instrument must be satisfactory to SBA. The costs and fees
for escrow services or letters of credit must be paid by the Recipient.
h) Recording SBA’s Interest in Personal Property. For all Projects involving the acquisition or
improvement of significant items of equipment or other tangible personal property, including but
not limited to watercraft, motor vehicles, machinery, equipment, removable fixtures, or structural
components of buildings, the Recipient must execute a security interest, covenant, or other
statement of SBA’s reversionary interest in the personal property acceptable in form and substance
to SBA, which statement must be perfected and placed of record in accordance with applicable law
AGENDA ITEM #6. b)
Page 15
SBA Award Standard Terms and Conditions
(usually accomplished by filing a Uniform Commercial Code Financing Statement (Form UCC-1),
as provided by State law), with continuances re-filed as appropriate
i) SBA’s Interest and the estimated useful life. The Recipient acknowledges that SBA retains an
undivided equitable reversionary interest in property acquired or improved in whole or in part with
grant funds made available through this Award throughout the estimated useful life (as determined
by SBA) of the Project, except in applicable instances set forth 2 CFR 200.
Unauthorized Use of Award Property
The Recipient agrees that if any interest in property acquired or improved in whole or in part with Award
funds is disposed of, encumbered, or alienated in any manner, or no longer used for the authorized purposes
of the Award during the Project’s estimated useful life without SBA’s written approval, SBA will be entitled
to recover the Federal Share. Examples of 25 alienation of Award property include sale or other conveyance
of the Recipient’s interest, leasing or mortgaging the property, or granting an option for any of the
foregoing. If, during the Project’s estimated useful life, the property is no longer needed for the purposes of
the Award, as determined by SBA. See 2 C.F.R. §§ 200.311, 200.313.
Calculating the Federal Share
For purposes of any lien or security interest, the amount of the Federal Share is the portion of the current fair
market value of any property (after deducting any actual and reasonable selling and repair expenses incurred
to put the property into marketable condition) attributable to SBA’s participation in the Project.
Insurance and Bonding
a) Insurance. The Recipient must, at a minimum, provide the equivalent insurance coverage for real
property and equipment acquired or improved with Federal funds as provided for property owned by
the Recipient. Federally owned property need not be otherwise insured unless required by the Terms
and Conditions of the Award. See 2 CFR § 200.310 (“Insurance coverage”).
b) Bonding. If the Award exceeds the simplified acquisition threshold as defined at 2 CFR § 200.1,
SBA may accept the Recipient’s or subrecipient’s bonding policy and requirements if SBA or the
pass-through entity determines that the Federal Interest is adequately protected. If not, the following
minimum requirements will apply:
a. A bid guarantee from each bidder equivalent to five percent of the bid price. The “bid
guarantee” must consist of a firm commitment such as a bid bond, certified check, or other
negotiable instrument accompanying a bid as assurance that the bidder will, upon
acceptance of the bid, execute such contractual documents as may be required within the
time specified. A performance bond on the part of the contractor for 100 percent of the
contract price. A “performance bond” is one executed in connection with a contract to
secure fulfillment of all the contractor’s obligations under such contract.
b. A payment bond on the part of the contractor for 100 percent of the contract price. A
“payment bond” is one executed in connection with a contract to ensure payment as
AGENDA ITEM #6. b)
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SBA Award Standard Terms and Conditions
required by law of all persons supplying labor and material in the execution of the work
provided for in the contract. See 2 CFR § 200.326 (“Bonding requirements”).
Leasing Restrictions
Leasing or renting of facilities or property is prohibited unless specifically authorized by SBA. The
Recipient agrees that any leasing or renting of any facilities or property involved in this Project will be
subject to the following:
a) That said lease arrangement is consistent with the authorized general and special purpose of the
Award;
b) That said lease arrangement is for adequate consideration;
c) That said lease arrangement is consistent with applicable SBA requirements concerning but not
limited to nondiscrimination and environmental compliance; and
d) That all revenue derived from said leasing arrangement shall be subject to “Program Income” of
these SBA Construction standard terms and conditions.
Eminent Domain
The Recipient will use funds solely for the authorized purpose of the Project. Pursuant to Executive Order
13406, “Protecting the Property Rights of the American People,” the Recipient agrees:
a) Not to exercise any power of eminent domain available to the Recipient (including the
commencement of eminent domain proceedings) for use in connection with the Project for the
purpose of advancing the economic interests of private parties; and
b) Not to accept title to land, easements, or other interests in land acquired by the exercise of any
power of eminent domain for use in connection with the Project for such purposes. The Recipient
agrees that any use of the power of eminent domain to acquire land, easements, or interests in land,
whether by the Recipient or any other entity that has the power of eminent domain, in connection
with the Project without the prior written consent of SBA is an unauthorized use of the Project. If
the Recipient puts the Project to an unauthorized use, the Recipient must compensate SBA for the
Federal Share in accordance with CFR (“Unauthorized use of property”) and (“Federal share”), as
the same may be amended from time to time.
Disposal of Real Property
During the estimated useful life of the Project, if SBA and the Recipient determine that property acquired or
improved in whole or in part with Award funds is no longer needed for the original purposes of this Award,
SBA may, in its discretion, approve use of the property in other Federal grant programs or in programs that
have purposes consistent with those authorized by the standard terms and conditions.
Reporting on Property
a) Real Property status reports and requests for disposition. In accordance with 2 CFR § 200.330
“Reporting on real property”, the Recipient must submit reports using Form SF-429 (Real Property
Status Report), including appropriate attachments, at least annually on the status of real property in
AGENDA ITEM #6. b)
Page 17
SBA Award Standard Terms and Conditions
which SBA retains an interest, which generally includes real property acquired or improved under
the award, unless such interest extends 15 years or longer. If SBA’s interest is for a period of 15
years or longer, unless otherwise specified in a specific award condition, the Recipient must submit
an annual report for the 27 first three years of the award and thereafter submit a real property status
report every five years. If the Recipient wishes to dispose of real property acquired or improved
under an SBA award, the Recipient must request disposition instructions, including the submission
of Form SF-429, with appropriate attachments, from the Grants Management Officer in accordance
with 2 CFR 200.311(c).
b) Tangible Personal Property status reports and requests for dispositions. The Recipient must submit
periodic reports as specified in the terms of the Award using Form SF-428 (Tangible Personal
Property Report), including appropriate attachments thereto, concerning tangible personal property
that is Federally owned or tangible personal property in which SBA retains an interest. In addition,
if the Recipient wishes to dispose of tangible personal property acquired or improved under an SBA
award, the Recipient must request disposition instructions, including the submission of Form SF-
428, with appropriate attachments, from the Grants Management Officer in accordance with 2 CFR
200.313(e).
Alternative 1: To be used if the project DOES NOT appear to have any environmental consequences:
Environmental Impact
Based upon the Recipient’s Technical Proposal, SBA has determined that this project does not currently
require review under the National Environmental Policy Act (NEPA)(42 U.S.C. § 4321 et seq.). Subsequent
modifications to the project may require SBA to reexamine this determination. Additionally, the Recipient
must provide written notice to SBA immediately upon discovering that the project will affect the
environment or historical or archeological sites, or have an impact upon the quality of life, the cultural
context, or the customary use of a given parcel of property or geographic area. The written notice must
describe the anticipated effect or impact in detail. If, as a result of the notice, SBA determines that a NEPA
review of the project is necessary, no Award funds will be made available to cover the cost of those
activities giving rise to the environmental impact until such time as the NEPA review has been completed.
Alternative 2: To be used if the Recipient HAS provided detailed information about the proposed
construction in the Application:
Environmental Impact Provision
1. SBA has determined that an environmental review of this project is necessary under the
National Environmental Policy Act (“NEPA”), 42 U.S.C. § 4321 et seq. The Recipient must
prepare an environmental assessment within thirty (30) days of the effective date of this
Notice of Award, or as or as soon thereafter as possible. If the Recipient determines that
another state or federal agency has prepared an environmental assessment, it may submit a
copy of that assessment in lieu of preparing its own assessment. SBA, however, may
require the submission of additional information. The environmental assessment must
determine whether the proposed project would have a significant environmental impact that
might necessitate preparation of an Environmental Impact Statement (“EIS”). The Recipient
must submit the environmental assessment to the SBA Office of Procurement and Grants
Management.
2. No construction can occur and no funds will be disbursed under the grant for construction
purposes until SBA: (a) reviews the environmental assessment; (b) determines whether an
is required; (c) complies with any other requirements that may exist under the NEPA and
AGENDA ITEM #6. b)
Page 18
SBA Award Standard Terms and Conditions
any other applicable environmental law that SBA determines in its discretion may apply;
and (d) provides written notice to the recipient of its determination.
3. If an EIS is required, no funds will be disbursed under the grant unless disbursement is
permitted under law and until (a) the EIS is completed; (b) SBA complies with any other
requirements that may exist under law; and (c) SBA provides written notice to the recipient
of its determination.
Alternative 3: To be used if the Recipient HAS NOT provided detailed information about the
proposed construction in the Application:
Environmental Impact Provision
1. SBA has determined that an environmental review of this project may be necessary under
the National Environmental Policy Act (“NEPA”), 42 U.S.C. § 4321 et seq. The Recipient
is required to prepare a detailed summary of proposed construction, with the following
information:
a) Whether construction is taking place on previously developed or undeveloped property.
b) What types of properties are immediately adjacent to the project site (e.g., residential,
commercial, industrial, undeveloped).
c) Whether construction will result in the development of new buildings or additions or
expansions to existing buildings or whether construction will be limited to the
renovation/rehabilitation of existing facilities.
d) A description of all proposed construction.
2. No funds may be used for construction until SBA notifies the Recipient whether a NEPA
environmental review will not be required. If SBA determines that a NEPA environmental
review is required, it will notify the Recipient,. The Recipient must prepare an
environmental assessment within thirty (30) days of receiving Notice from SBA, or as soon
thereafter as possible. If the recipient determines that another state or federal agency has prepared
an environmental assessment, it may submit a copy of that assessment in lieu of preparing its own
assessment. SBA, however, may require the submission of additional information. The
environmental assessment must determine whether the proposed project would have a significant
environmental impact that might necessitate preparation of an Environmental Impact Statement
(EIS). The Recipient must submit the environmental assessment to the SBA Office of Procurement
and Grants Management.
3. No construction can occur and no funds will be disbursed under the grant for construction
purposes until SBA: (a) reviews the environmental assessment; (b) determines whether an
is required; (c) complies with any other requirements that may exist under the NEPA and
AGENDA ITEM #6. b)
Page 19
SBA Award Standard Terms and Conditions
any other applicable environmental law that SBA determines in its discretion may apply;
and (d) provides written notice to the recipient of its determination.
4. If an EIS is required, no funds will be disbursed under the grant unless disbursement is
permitted under law and until (a) the EIS is completed; (b) SBA complies with any other
requirements that may exist under law; and (c) SBA provides written notice to the recipient
of its determination.
Definitions
The definitions listed below apply to all SBA Awards. Additional definitions relating to a particular SBA
program may be found in the grant program regulations, Program Announcement, and/or Special Terms
and Conditions.
Earmark – Earmarks are grants that are appropriated by Congress prior to a peer review. The term
"earmark" is a reference to the Congressional Record where the awards are written into legislation
specifically with the grant applicant's name, activity, and dollar amounts.
a. Client – an entity receiving technical assistance under this Award. A Client may be an
existing small business concern, or an individual interested in owning and operating a small
business concern.
b. Client Information – files and records concerning a Client, as well as any information that
could be used to identify, contact, or locate a Client. Does not include statistics or similar data
that is not attributed to a particular Client.
c. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR part
25, subpart C: a. A governmental organization, which is a state, local government, or Indian
Tribe;
b. A foreign public entity; c. A domestic or foreign nonprofit organization; d. A domestic or
foreign for-profit organization; and e. A Federal agency, but only as a subrecipient under an
award or subaward to a nonfederal entity.
e. Key Personnel – those individuals who play a crucial role in the conduct of a project.
Examples include directors, managers, counselors, and instructors, but not support staff.
f. Program Income – additional funds generated through the conduct of project activities.
Includes, but is not limited to, income derived from service or event fees, sales of commodities,
repayments of interest or principal on loans made with Project Funds, and usage or rental fees.
Does not include interest earned on advances of Federal funds.
g. Unique entity identifier (UEI) means the identifier required for SAM registration to uniquely
identify business entities.
h. You – the non-federal entity organization (recipient) for the Award.
AGENDA ITEM #6. b)
AB - 3302
City Council Regular Meeting - 10 Apr 2023
SUBJECT/TITLE: Amend Renton Municipal Code - Title VI Police Regulations - Add
Chapter 6-33
RECOMMENDED ACTION: Refer to Public Safety Committee
DEPARTMENT: Police Department
STAFF CONTACT: Chandler Swain, Commander
EXT.: 7573
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
Adoption of this ordinance adds a new Chapter, 6-33, to Title VI - Police Regulations, of the Renton Municipal
Code. This new Section creates a new crime for exposing children to domestic violence.
Research shows children exposed to domestic violence during their adolescents experience both short term
and long term effects. Some of the short term effects are anxiety, depression, physical complaints, behavioral
problems, guilt, and difficulties in school. The long term effects are continued depression/anxiety, substance
abuse, impulsive acts such as risky sex, chronic health problems, low self esteem, criminal and violent behavior
and victimization by an intimate partner. Children should be protected legally when they witness abusive
behavior that is alarming and detrimental to their heath. When a child witnesses domestic violence they also
become a victim and should be treated as such.
Last year 194 children were exposed to domestic violence acts within the City of Renton. The intent of this
chapter is to acknowledge the detrimental effects that witnessing domestic violence has on minor children,
and to punish those who perpetuate a cycle of domestic violence. The court will be able to impose conditions
of sentencing that include successful completion of a Domestic Violence Victims Impact Panel, and an
evidence-based treatment program, such as Domestic Violence Moral Recognition Treatment (DV-MRT).
EXHIBITS:
A. Ordinance
STAFF RECOMMENDATION:
Adopt the ordinance adding a new Chapter 6-33 to Title VI of the Renton Municipal Code which creates a new
crime for committing domestic violence witnessed by children.
AGENDA ITEM #6. c)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING TITLE VI
OF THE RENTON MUNICIPAL CODE BY ADDING CHAPTER 33, CREATING A NEW
CRIME FOR EXPOSING MINOR CHILD TO DOMESTIC VIOLENCE, AUTHORIZING
CORRECTIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City of Renton recognizes that exposure to domestic violence can harm a
child's emotional, psychological and even physical development; and
WHEREAS, children exposed to violence are more likely to have difficulty in school, abuse
drugs or alcohol, act aggressively, suffer from depression or other mental health problems and
engage in criminal behavior as adults; and
WHEREAS, in the City of Renton in 2022, one hundred ninety-four (194) children were
exposed to domestic violence; and
WHEREAS, the City of Renton seeks to reduce the impact of domestic violence incidents
on all victims and witnesses, including minor children who are present when domestic violence
occurs;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits or are not explicitly repealed herein remain in effect and
unchanged.
SECTION II. Title VI of the Renton Municipal Code is amended to add chapter 33,
entitled Exposing Minor Child to Domestic Violence, to read as follows:
AGENDA ITEM #6. c)
ORDINANCE NO. ________
2
CHAPTER 33
EXPOSING MINOR CHILD TO DOMESTIC VIOLENCE
SECTION:
6-33-1: Purpose
6-33-2: Definitions
6-33-2: Exposing Minor Child to Domestic Violence
6-33-3: Nonmerger of Domestic Violence Crimes
6-33-1 PURPOSE:
It is the intent of this chapter to acknowledge the detrimental effects that
witnessing domestic violence has on minor children, and to punish those who
perpetuate a cycle of domestic violence by committing acts of domestic violence
that are witnessed by minor children. This chapter is intended to add additional
punishment to violators who commit crimes of domestic violence if those crimes
are witnessed by children.
6-33-2 DEFINITIONS
A. “Domestic violence” shall have the same meaning set forth in
Chapter 10.99 RCW or as may be amended.
B. “Immediate presence” means within sight of, within earshot of, or
within the same room or cavity of a building, dwelling, vehicle, or other property.
C. “Minor child” means a person of less than eighteen (18) years of
age at the time of the violation.
6-33-2 EXPOSING MINOR CHILD TO DOMESTIC VIOLENCE:
AGENDA ITEM #6. c)
ORDINANCE NO. ________
3
A. A person commits the crime of exposing a minor child to domestic
violence when he or she commits a crime of domestic violence, as defined by RCW
10.99.020, while knowingly in the immediate presence of a minor child.
B. Exposing a minor child to domestic violence is a gross
misdemeanor. Any person convicted of this crime shall be sentenced to not less
than thirty (30) days in jail. If the person convicted is sentenced to less than the
maximum statutory sentence of three hundred and sixty-four (364) days in jail,
the court shall place the defendant under court supervision and the court shall
impose conditions of sentencing that include: successful completion of a Domestic
Violence Victims Impact Panel, and an evidence-based treatment program, such
as Domestic Violence Moral Recognition Treatment (DV-MRT).
6-33-3 NONMERGER OF DOMESTIC VIOLENCE CRIMES:
Every person who, in the commission of a crime of domestic violence, shall commit
any other crime(s), may be punished for the other crime(s) as well as for the crime
of domestic violence, and may be prosecuted for each crime separately.
SECTION III. Upon approval of the City Attorney, the City Clerk is authorized to direct
the codifier to make necessary corrections to this ordinance, including the corrections of
scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or
regulations; or ordinance numbering and section/subsection numbering and references. The City
Clerk is further authorized to direct the codifier to update any chapter, section, or subsection
titles in the Renton Municipal Code affected by this ordinance.
AGENDA ITEM #6. c)
ORDINANCE NO. ________
4
SECTION IV. If any section, subsection, sentence, clause, phrase, or word of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase, or word of this ordinance.
SECTION V. This ordinance shall be in full force and effect June 1, 2023.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2023.
__________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2023.
__________________________
Armondo Pavone, Mayor
Approved as to form:
______________________________
Shane Moloney, City Attorney
Date of Publication: ___________
ORD-PD:2255:3/13/23
AGENDA ITEM #6. c)
AB - 3327
City Council Regular Meeting - 10 Apr 2023
SUBJECT/TITLE: Lease Addendum 1-23 with Valley Communications
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Public Works Facilities Division
STAFF CONTACT: Lori Lohman, Facilities Coordinator
EXT.: x6609
FISCAL IMPACT SUMMARY:
Valley Communications is a zero-cost lease. They provide emergency communications and dispatch services
for several municipalities.
SUMMARY OF ACTION:
The Valley Communications addendum 1-23 is to extend the lease for 10 years. The lease term began on
August 1, 2013 and shall terminate July 31, 2033. This allows Valley Communication the right to maintain an
antenna for broadcasting on a city water rese rvoir.
EXHIBITS:
A. LAG-13-008 Valley Communications Addendum 1-23
STAFF RECOMMENDATION:
Execute the agreement with Valley Communications for 10 years, effective April 1, 2023, to July 31, 2033.
AGENDA ITEM #6. d)
AGENDA ITEM #6. d)
AGENDA ITEM #6. d)
AGENDA ITEM #6. d)
AGENDA ITEM #6. d)
AB - 3329
City Council Regular Meeting - 10 Apr 2023
SUBJECT/TITLE: Lease Addendum 5-23 with Amazing Grace
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Public Works Facilities Division
STAFF CONTACT: Lori Lohman, Facilities Coordinator
EXT.: 6609
FISCAL IMPACT SUMMARY:
Amazing Grace Lutheran Church will bring in an estimated annual lease revenue of $440,240.19 for this 13 -
month extension.
SUMMARY OF ACTION:
This Addendum No 5-23 is to extend the lease from May 31, 2023, to June 30, 2024, as approved by Legal,
CED, and Public Works. Amazing Grace Lutheran Church occupies the first, third, and fourth floors of the 200
Mill Ave. building. This lease extension will bring in an estimated annual lease revenue of $440,240.19 for this
13-month extension.
EXHIBITS:
A. LAG-14-006 Addendum 5-23 - Amazing Grace
STAFF RECOMMENDATION:
Execute the addendum with Amazing Grace for a 13 -month extension.
AGENDA ITEM #6. e)
Lag-14-OO6Addendum5-23ADDENDUMNo5TOLEASEAGREEMENTLAG-14-006(AmazingGraceLutheran)THISADDENDUM/AMENDMENTNo.StoLeaseAgreementLAG14-006iseffectiveasofApril1,2023(“EffectiveDate”)byandbetweentheCityofRenton(“City”or“Landlord”),aWashingtonmunicipalcorporation,andAmazingGraceLutheranChurch(“School”or“Tenant.”)aWashingtonnon-profitcorporation.TheCityandTenantarereferredtocollectivelyinthisAgreementasthe“Parties.”RECITALS:WHEREAS,underleaseLAG14-006,effectiveOctober2,2014,andAddendum/AmendmentNo.1in2016,andAddendum/AmendmentNo2datedMarch9,2020,Addendum/AmendmentNo.3datedJune21,2021,andAddendumNo.4datedAugust9,2022theCityofRentonhasleasedtoAmazingGraceLutheranChurch(Tenant),theuseofcertainspaces(First,Third,andFourthFloorsofthebuilding)inthePropertycommonlyknownas200MillAveS,Renton,WA(the“Property”)forthepurposesofaschool;andWHEREAS,theTenantwishestoextendthetermofthisleasetoJune30,2024andprovideprovisionsinanticipationofthePropertybeingsold,assumptionoftheleaseandpreparationforconstruction,staginganddemolitionofthebuildingandpropertyNow,THEREFORE,thePartiesagreeasfollows:1.Term:AsoftheEffectiveDateabove,theLeaseforallfloors(First,ThirdandFourth)shallbeinfullforceandeffectandco-terminusuntilJune30,2024(“TerminationDate”).AnyextensionspastJune30,2024,mustbebywrittenagreement.2.AlltermsoftheAgreementnotexplicitlymodifiedhereinshallremaininfullforceandeffectandsuchtermsshallapplytothisAmendmentasiffullysetforthherein.LAG-14-006AmendNo5Page1of3AGENDA ITEM #6. e)
Lag-14-006Addendum5-23INWITNESSWHEREOF,thePartieshavevoluntarilyenteredintothisAmendmentasoftheeffectivedateabove.CITYOFRENTONAMAZINGGRACELUTHERANCHURCHArmondoPavone,Mayory:bA.b4v-Datesigned:_____________PrintedName:7éL.iLTitle:iFti,ir,svs/cDatesigned:Attest:77JasonA.Seth,CityClerkDateattested:_________________APPROVEDASTOFORMONLYShaneMoloney,CityAttorneyclb2-21-23(554LAG-14-006)LAG-14-006AmendNo5Page2of3AGENDA ITEM #6. e)
Lag-14-006Addendum5-23STATEOFWASHINGTONSSCOUNTYOF________Onthis_______dayof_____________________,20,beforeme,theundersigned,aNotaryPublicinandfortheStateofWashington,dulycommissionedandsworn,personallyappearedARMONDOPAVONEtomeknowntobetheperson(s)whosignedasTHEMAYORofCITYOFRENTON,theWashingtonmunicipalcorporationthatexecutedthewithinandforegoinginstrument,andacknowledgedsaidinstrumenttobehisfreeandvoluntaryactanddeedandthefreeandvoluntaryactanddeedofsaidWashingtonmunicipalcorporationfortheusesandpurposesthereinmentioned;andonoathstatedthathewasauthorizedtoexecutethesaidinstrumentonbehalfofsaidWashingtonmunicipalcorporation.INWITNESSWHEREOFIhavehereuntosetmyhandandofficialsealthedayandyearfirstabovewritten.(SignatureofNotary)(PrintorstampnameofNotary)NOTARYPUBLICinandfortheStateofWashington,residingat_______________________________________MyAppointmentExpires:_____________________STATEOFWASHINGTON)SSCOUNTYOF_______Onthi3dayof__________________,20,beforeme,theundersigned,aNoaryPublicinandfortheStateofWashington,dulycommissionedandsworn,personallyapperedJ/6Iks1_/a.4.)ZE1?I1Tr,r4-€tomeknowntobethe(cc)ofetzaracknowledgedthesaidinstrumenttobethefreeandvoluntaryactanddeedofsaidAMAZINGGRACELUTHERANCHURCH,fortheusesandpurposesthereinmentioned,andonoathstatedthats/hewasauthorizedtoexecutesaidinstrumentonbehalfofsaidAMAZINGGRACELUTHERANCHURCH.INWITNESSWHEREOFIhavehereuntosetmyhandandyearfirstabovewritten.--—(natureofNotary)If17C&j..)-i(ccIv-_.L,’.tIT.‘(iRE(PrintorstampnameofNotary)LJcFE‘0O212’MYCOMMiSSIONEXPESNOTARYPUBLICandheStateofWashington,DECEMBER3,2025residingatI—MyAppointmentExpires:i/eLc..?,Xi.)4LAG-14-006AmendNo5Page3of3AGENDA ITEM #6. e)
AB - 3328
City Council Regular Meeting - 10 Apr 2023
SUBJECT/TITLE: Bid Award-West Hill Booster Pump Station Improvements
Construction Contract CAG-23-005, Project No. WTR 27-04184
RECOMMENDED ACTION: Refer to Utilities Committee
DEPARTMENT: Public Works Utility Systems Division
STAFF CONTACT: Abdoul Gafour, Water Utility Engineering Manager
EXT.: 7210
FISCAL IMPACT SUMMARY:
The submitted low bid of $2,669,704.80 is over the engineer’s estimate of $2,374,196.40 by $295,508.40
(12%). The estimated total project cost is $3,249,705 and the 2022 -2024 budget is $2,295,895 (account
425/55530 and 425/55582). Council’s authorization for additional budget of $953,810 is requested to cover
the cost of the construction contract, services during construction, contingencies, and contract administration.
Additional budget appropriation of $674,105 will be included in the 2023 carryforward 1st quarter budget
adjustment (Fund 425), and the remaining $279,705 will come from the Water Operations Fund 405
unassigned fund balance, which has sufficient funding to allow the transfer.
SUMMARY OF ACTION:
Bid for this construction contract were received and opened on Tuesday, March 7, 2023. A total of 3 bids
were submitted and the bid amounts are summarized below.
Bid submitted by Bid amount
Gary Harper Construction, Inc. $2,669,704.80
McClure and Sons, Inc. $2,788,781.25
Western Ventures $3,123,537.00
City Policy 250-02 requires that the bid award be referred to the appropriate Council Committee for review
and recommendation if one or more of the following 3 criteria are not met:
1. The lowest responsible bid is within the project budget.
2. More than one bid was received.
3. The bid contained no significant irregularities.
Since the bid does not meet the first criteria, the Public Works Utility System requests that this item be
referred to the Utilities Committeefor approval of additional funding and for recommendation of award of the
construction contract.
Determination of responsive bid and responsible bidder
Water Utility staff has reviewed the submitted bid and determined that the bid is responsive and that Gary
Harper Construction, Inc. is a responsible bidder as defined in RCW 39.04.350, in Renton City policy 250 -02
and in section 1-02.14 of the project specifications(see Exhibit B - Bidder Assessment – West Hill). The surety
AGENDA ITEM #6. f)
has confirmed with staff that the bid bond submitted by Gary Harper Construction, Inc. is valid. We have
checked the bidder’s provided references and determined that they have the required experience and
expertise to perform the project. Gary Harper Construction has successfully completed similar projects with
the City of Bellevue, Woodinville Water District, and Northshore Utility District.
Budget Adjustment Request
The total 2022-2024 project budget is $2,295,895 ($1,114,407 from account 425/55530 Water Pump Station
Rehabilitation and $1,181,488 from account 425/55582 Emergency Power to Pump Stations). The estimated
total project cost is $3,249,595 with the following breakdown:
Bid from Gary Harper Construction $2,669,705
Professional services during construction $ 250,000
Utility relocation $40,000
Contract administration $40,000
Contingencies $250,000
Total project cost $3,249,705
2022-2024 Budget $2,295,895
Additional budget request $953,810
The Water Utility requests a project budget increase of $953,810 to cover the anticipated construction cost,
services during construction, contingencies, and contract administration.Additional budget appropriation of
$674,105 will be included in the 2023 carryforward 1st quarter budget adjustment (Fund 425), and the
remaining $279,705 will come from the fund 405 Water Operations unassigned fundbalance.
EXHIBITS:
A. Final Bid Tabulation
B. Bidder Assessment
C. City Clerk Bid Tab
STAFF RECOMMENDATION:
Award the construction contract to Gary Harper Construction, Inc. in the amount of $2,669,704.80, and
approve a budget transfer in the amount of $953,810to cover the cost of the construction contract, services
during construction, contingencies, and contract administration.
AGENDA ITEM #6. f)
AGENDA ITEM #6. f)
Item Description Determination
1. A Proposal will be considered irregular and will be rejected if:
Criteria Met
(Per Below)
1.a. The bidder is not prequalified when so required;
Not required for this
project.
1.b. The authorized proposal form furnished by the Contracting Agency is not used or is altered.
Authorized proposal form
used.
1.c. The complete proposal form contains any unauthorized additions, deletions, alternate bids, or conditions;
No edits to proposal
conditions.
1.d. The bidder adds provisions reserving the right to reject or accept the award, or enter into the Contract;
No edits to proposal
conditions.
1.e. A price per unit cannot be determined from the bid proposal;
Price per unit clearly
identified.
1.f. The proposal form is not properly executed;
Proposal form submitted
with bid.
Signed by Gary Harper,
President.
1.g. The Bidder fails to submit or properly complete a Subcontractor list, if applicable, as required in Section 1-02.6.
Subcontractor list
submitted with bid.
1.h.The bidder fails to submit or properly complete a Disadvantaged, Minority or Women’s Business Enterprise Certification, if
applicable, as required in Section 1-02.6; or Not applicable
1.i. The bid proposal does not constitute a definite and unqualified offer to meet the material terms of the bid invitation.
Definite and unqualified
offer.
1.j. More than one proposal is submitted for the same project from a Bidder under the same or different names.One proposal submitted.
Item Description Determination
2. A Proposal may be considered irregular and may be rejected if:
Criteria Met
(Per Below)
2.a. The Proposal does not include a unit price for every Bid item.
Unit price included for
every bid item.
2.b.Any of the unit prices are excessively unbalanced (either above or below the amount of a reasonable Bid) to the potential
detriment of the Contracting Agency;
All unit prices considered
reasonable and balanced.
2.c. The authorized Proposal Form furnished by the Contracting Agency is not used or is altered;
Proposal form submitted
with bid.
Signed by Gary Harper,
President.
2.d. The completed Proposal form contains any unauthorized additions, deletions, alternate Bids, or conditions;
No edits to proposal
conditions.
2.e. Receipt of Addenda is not acknowledged;
Receipt of Addenda
acknowledged.
Bidder Assessment
CAG-23-005
Bid Opening: March 7, 2023
Bidder: Gary Harper Construction, Inc.
West Hill Booster Pump Station Improvements Project
2022 WSDOT Standard Specifications 1-02.13 Irregular Proposals
L&I Doing Business As (DBA): Gary Harper Construction, Inc.
City Special Provisions 1-02.13 Irregular Proposals
WA UBI No.: 601 606 620
License No.: GARYHCI055LF
Entity Type: WA Profit Corporation
Bidder Assessment-West Hill BPS Improvements Project Page 1 of 3
AGENDA ITEM #6. f)
2.f.A member of a joint venture or partnership and the joint venture or partnership submit Proposals for the same project (in
such an instance, both Bids may be rejected); or
No evidence that members
of a joint venture or
partnership submitted
multiple proposals.
2.g. If the Proposal form entried are not made in ink.
Proposal form entries
made in ink.
Item Description Determination
1.A Bidder will be deemed not responsible and the proposal rejected if the bidder does not meet the responsibility criteria in
RCW 39.04.350.
Criteria Met
(Per Below)
(1)Before award of a public works contract, a bidder must meet the following responsibility criteria to be considered a
responsible bidder and qualified to be awarded a public works project. The bidder must:
Criteria Met
(Per Below)
YES
L&I Acct ID:
838,522-01
Account is CURRENT
(1)(b) Have a current state unified business identifier number;
WA UBI:
601 606 620
(1)(c)If applicable, have industrial insurance coverage for the bidder's employees working in Washington as required in
Title 51 RCW;
Meets current
requirements
Per L&I
(1)(d) Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3);
No debarments have been
issued against this
contractor
Per L&I.
(1)(e)
If bidding on a public works project subject to the apprenticeship utilization requirements in RCW 39.04.320, not have been
found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio,
without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship
under chapter 49.04 RCW for the one-year period immediately preceding the date of the bid solicitation;
No active Washington
registered apprentices
exist for this business
Per L&I.
(1)(f)
Have received training on the requirements related to public works and prevailing wage under this chapter and
chapter 39.12 RCW. The bidder must designate a person or persons to be trained on these requirements. The training must
be provided by the department of labor and industries or by a training provider whose curriculum is approved by the
department. The department, in consultation with the prevailing wage advisory committee, must determine the length of
the training. Bidders that have completed three or more public works projects and have had a valid business license in
Washington for three or more years are exempt from this subsection. The department of labor and industries must keep
records of entities that have satisfied the training requirement or are exempt and make the records available on its web
site. Responsible parties may rely on the records made available by the department regarding satisfaction of the training
requirement or exemption; and
Exempt from this
requirement
Per L&I.
(1)(g)
Within the three-year period immediately preceding the date of the bid solicitation, not have been determined by a final
and binding citation and notice of assessment issued by the department of labor and industries or through a civil judgment
entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of
chapter 49.46, 49.48, or 49.52 RCW.
No lawsuits against the
bond or savings accounts
during the previous 6 year
period, per L&I.
(2)
Before award of a public works contract, a bidder shall submit to the contracting agency a signed statement in accordance
with chapter 5.50 RCW verifying under penalty of perjury that the bidder is in compliance with the responsible bidder
criteria requirement of subsection (1)(g) of this section. A contracting agency may award a contract in reasonable reliance
upon such a sworn statement.
Form submitted with bid.
Signed by Gary Harper,
President.
2. A bidder may be deemed not responsible and the proposal rejected if:
Criteria Met
(Per Below)
2.a. More than one proposal is submitted for the same project from a bidder under the same or different names;One proposal submitted.
2.b.Evidence of collusion exists with any other bidder or potential bidder. Participants in collusion will be restricted from
submitting further bids; No evidence of collusion.
2.c.
The bidder, in the opinion of the Contracting Agency, is not qualified for the Work or to the full extent of the bid, or to the
extent that the bid exceeds the authorized prequalification amount as may have been determined by a prequalification of
the bidder;
Bidder considered to be
qualified.
(1)(a) At the time of bid submittal, have a certificate of registration in compliance with chapter 18.27 RCW;
City Special Provisions 1-02.14 Disqualification of Bidder
RCW 39.04.350
Bidder Assessment-West Hill BPS Improvements Project Page 2 of 3
AGENDA ITEM #6. f)
2.d.
An unsatisfactory performance record exists based on past or current Contracting Agency Work or for Work done for
others, as judged from the standpoint of conduct of the Work; workmanship; progress; affirmative action; equal
employment opportunity practices; or Disadvantaged Enterprise, Minority Enterprise, or Women’s Business Enterprise
utilization;
No evidence of
unsatisfactory
performance.
2.e.There is uncompleted Work (Contracting Agency or otherwise) which might hinder or prevent the prompt completion of
the Work bid upon;
No evidence of
uncompleted work.
2.f. The bidder failed to settle bills for labor or materials on past or current contracts;
No evidence of unsettled
bills.
2.g.The bidder has failed to complete a written public contract or has been convicted of a crime arising from a previous public
contract;
No evidence of failure to
complete a public contract.
2.h. The bidder is unable, financially or otherwise, to perform the Work;
No evidence of inability to
perform the Work.
2.i. A bidder is not authorized to do business in the State of Washington (not registered in accordance with RCW 18.27);
Meets current
requirements
Per L&I.
2.j. There are any other reasons deemed proper by the Contracting Agency.
No other reasons for
rejection.
3
In addition to the bidder responsibility criteria in subsection (1) of this section, the state or municipality may adopt
relevant supplemental criteria for determining bidder responsibility applicable to a particular project which the bidder
must meet.
Criteria Met
(Per Below)
a Supplemental criteria for determining bidder responsibility, including the basis for evaluation and the deadline for
appealing a determination that a bidder is not responsible, must be provided in the invitation to bid or bidding documents.
Suplemental bidding
criteria included in bid
documents
b
In a timely manner before the bid submittal deadline, a potential bidder may request that the state or municipality modify
the supplemental criteria. The state or municipality must evaluate the information submitted by the potential bidder and
respond before the bid submittal deadline. If the evaluation results in a change of the criteria, the state or municipality
must issue an addendum to the bidding documents identifying the new criteria.
No bidders requested for
this matter during bidding
period
c
If the bidder fails to supply information requested concerning responsibility within the time and manner specified in the bid
documents, the state or municipality may base its determination of responsibility upon any available information related to
the supplemental criteria or may find the bidder not responsible.
Not applicable
d
If the state or muncipality determines a bidder to be not responsible, the state or municipality must provide, in writing, the
reasons for the determination. The bidder may appeal the determination with the time period specified in the bidding
documents by presenting additional information to the state or municipality. The state or municipality must consider the
additional information before issuing its final determination. If the final determination affirms that the bidder is not
responsible, the state or municipality may not execute a contract with any other bidder until two business days after the
bidder determined to be not responsible has received the final determination.
Not applicable
Bidder Assessment-West Hill BPS Improvements Project Page 3 of 3
AGENDA ITEM #6. f)
Project: West HIll Booster Pump Station Improvements Project - CAG-23-005
Due Date: March 7, 2023 at 2:00 p.m.
Opening Date: March 7, 2023 at 3:00 p.m. via ZOOM
CITY OF RENTON
BID TABULATION SHEET
Bid Total from
Bid Prop Sub-Wage Adden Schedule of Prices
Form L&I Aff List Comp Ack
(if over 1 mil) Includes Sales Tax
Gary Harper Construction
14831 223rd St SE
1 Snohomish x x x x x x $2,669,594.70
WA
98296
Gary
Harper
McClure and Sons, Inc
15714 Country Club Drive
2 Mill Creek x x x x x x $2,788,781.25
WA
98012
Les
McClure
Western Ventures
PO Box 298
3 Mountlake Terrace x x x x x x $3,123,537.00
WA
98043
Shannon
McPhee
Bidder
FORMS
Engineer's Estimate: $2,374,196.40AGENDA ITEM #6. f)
Project: West HIll Booster Pump Station Improvements Project - CAG-23-005
Due Date: March 7, 2023 at 2:00 p.m.
Opening Date: March 7, 2023 at 3:00 p.m. via ZOOM
CITY OF RENTON
BID TABULATION SHEET
Bid Total from
Bid Prop Sub-Wage Adden Schedule of Prices
Form L&I Aff List Comp Ack
(if over 1 mil) Includes Sales Tax
Bidder
FORMS
4
5
6
Engineer's Estimate: $2,374,196.40AGENDA ITEM #6. f)