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CITY OF RENTON
AGENDA - City Council Regular Meeting
7:00 PM - Monday, February 3, 2025
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) Black History Month - February 2025
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 or
against 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 February 27, 2025.
Council Concur
b) AB - 3731 Mayor Pavone requests confirmation of his reappointments to the Senior
Citizens Advisory Board with terms expiring December 31, 2027: Position 4, Ronald Erb;
Position 6, Jack Wardell; Position 9, Anita Dull; and Position 14, Julie Horan.
Council Concur
c) AB - 3741 Community & Economic Development Department submits the department's
2025 Title IV Docket #20. Following review by the Planning Commission, code update
recommendations will be presented to Council.
Refer to Planning Commission and Planning & Development Committee
d) AB - 3744 Community & Economic Development Department requests approval to
convert a vacant Civil Engineer 2 position in the Development Engineering Division to a
Civil Engineer 3 position; authorization to hire the preferred candidate up to Step E of the
salary grade depending on the qualifications of the applicant, and approval of additional
budget appropriations.
Refer to Finance Committee
e) AB - 3740 Executive Services Department recommends execution of the State and Local
Cybersecurity Grant Program Contract E25-279, grantee Washington State Military
Department, to accept $30,000 in grant funds to support email security enhancements.
Additionally, authorization to adjust the budget accordingly is requested.
Refer to Finance Committee
f) AB - 3743 Parks & Recreation Department submits CAG-22-015, Philip Arnold Park Site
Improvements project, contractor Active Construction, Inc., and requests acceptance of
the project and authorization to release the retainage bond after 60 days after receipt of
all state approvals and all liens have been legally cleared.
Council Concur
g) AB - 3734 Public Works Transportation Systems Division requests execution of
Supplement No. 3 to CAG-22-381, contractor KPG Psomas, Inc., in the amount of
$212,131 for construction engineering services during the construction phase of the
Rainier Ave S Corridor Improvements - Phase 4 project. Additionally, a $400,000 budget
adjustment is requested from Fund 305 to cover the costs of the supplement and other
construction services and right-of-way cost increases.
Refer to Finance 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) Committee of the Whole: 1) Allocation of Lodging Tax Funding for 2025
b) Transportation Committee: 1) Supplemental Agreement #3 to CAG-23-015 Professional
Services Agreement with Transpo Group USA, Inc. for Construction Management Services
for the South 7th Street Corridor Project; 2) Renton Avenue South – 300-day Closure
Extension Request*; 3) Agreement with Mott MacDonald for Engineering Services -
Dredging; 4) Agreement with Mott MacDonald for Engineering Services - Dock and Ramp
8. LEGISLATION
Resolution:
a) Resolution No. 4547: Extend Renton Ave S Bridge Closure (See Item 8.b)
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 - Conferencing Center
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
Armondo Pavone Mayor
WHEREAS,the City of Renton recognizes the significant contributions and achievements made by African
Americans throughout history;and
WHEREAS,the observance of Btack History was initiated by Carter C.Woodson to promote the history,
culture,and achievements of African Americans and other people of color worldwide;and
WHEREAS,the Association for the Study of African American Life and History (ASALH)has setected
“African Americans and Labor”in 2025 as their 99th annuat National Black History Month theme,
hightighting the profound ways that work and working of alt kinds —free and unfree,skilled,and unskilled,
vocational and votuntary—intersect with the coltective experiences of Black people;and
WHEREAS,the City of Renton is the proud home to many Black-owned and operated businesses,
entrepreneurs,protessionats,creatives,trades workers,service workers,and athletes;and
WHEREAS,by recognizing and acknowledging the extraordinary influence of African Americans,we honor
their legacy and reaffirm our commitment to fostering inclusivity,diversity,and equal opportunities within
our city;and
NOW THEREFORE,I,Armondo Pavone,Mayor of the City of Renton,do hereby proclaim February 2025
to be
Btack History Month
in the City of Renton,and I encourage all residents to join me in learning more about the rich history of
African Americans during this special observance.
IN WITNESS THEREOF,I have hereunto set my hand and caused the seal of the City of Renton to be affixed
this 3rd day of February 2025.
PROCLAMATION
MayorArmondo Pavone
City of Renton,Washington
Renton City Hall,7th Floor 1055 South Grady Way,Renton,WA 98057.rentonwa.gov
AGENDA ITEM #3. a)
Mayor’s Office
Memorandum
DATE: January 30, 2025
TO: James Alberson, Jr., Council President
Members of the Renton City Council
FROM: Armondo Pavone, Mayor
Ed VanValey, Chief Administrative Officer
SUBJECT: Administrative Report
• Roses are red, violets are blue, join us at the Be My Valentine Disco Dance and
have some fun too! This event will be hosted at the Don Persson Renton Senior
Activity Center, Thursday, February 13, from 5:30-7:30 p.m. Enjoy light
refreshments while our DJ spins your favorite Valentine classics. Admission is
$5.00 per person. Space is limited and we encourage you to register in advance
to reserve your ticket. Pre-registration may be done by visiting the Community
Events tab at rentonwa.gov/register or by calling 425-430-6633.
• Information about preventative street maintenance, traffic impact projects, and
road closures 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.
Monday, February 3 through Friday, February 7, 8:00am-3:00pm. Burnett Ave S will
be closed between S Tobin St and S Tillicum St for construction work. Approved traffic
control plans were issued for all work and will be followed, including a detour and
flaggers. Questions may be directed to Casey Grant 206-532-4380.
Monday, February 3 through Friday, February 7, 8:00am-3:00pm. Intermittent lane
closure on Rainier Ave N between Airport Way and S 3rd St for construction work.
Approved traffic control plans were issued for all work and will be followed.
Questions may be directed to Joe Nerlfi, 425-757-9657.
Monday, February 3 through Friday, February 7, 8:00am-3:00pm. Intermittent lane
closure on NE Sunset Blvd between Edmonds Ave NE and Kirkland Ave NE for
construction work. Approved traffic control plans were issued for all work and will be
followed. Questions may be directed to Brad Stocco, 425-282-2373.
Monday, February 3 through Friday, February 7, 8:00am-3:00pm. Shifting lane
closures both east and west on NE Sunset Blvd between Redmond Pl NE to Union
Ave NE for utility installation and frontage improvements. Approved traffic control
plans were issued for all work and will be followed. Questions may be directed to
Brad Stocco, 425-282-2373.
AGENDA ITEM #4. a)
James Alberson, Jr., Council President
Members of the Renton City Council
Page 2 of 2
January 30, 2025
Monday, February 3 through Friday, February 7, 8:00am-3:00pm. Intermittent lane
closure on Wells Ave S north of S 2nd St for construction work. Approved traffic control
plans were issued for all work and will be followed. Questions may be directed to
Casey Grant, 206-532-4380.
Monday, February 3 through Friday, February 7, 8:00am-3:00pm. Williams Ave S
closed between S 2nd St and S Tobin St for construction work. Approved traffic control
plans were issued for all work, including a detour and flaggers. Questions may be
directed to Rob Blackburn, 206-379-1489.
On-going Street Closure January 21 through May 22, 2025 (City of Renton
Resolution No. 4545). FULL STREET CLOSURE on Houser Way N between Lake
Washington Blvd N and Lowe’s Business Access Road in support of WSDOT I-405
Renton to Bellevue Widening and Express Toll Lane project. Approved traffic control
plans were issued for all work and will be followed. Questions may be directed to
Justin Johnson, 425-902-7102.
Partial Nighttime Closure February 3 through February 13, 2025, 8:00 p.m.-6:00
a.m. South 2nd Street from Rainier Ave S to Lake Ave S will be partially closed as
needed, nightly. A signed detour will be in place during the closure.
AGENDA ITEM #4. a)
January 27, 2025 REGULAR COUNCIL MEETING MINUTES
CITY OF RENTON
MINUTES - City Council Regular Meeting
7:00 PM - Monday, January 27, 2025
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:
James Alberson, Jr., Council President
Carmen Rivera, Council Position No. 2
Valerie O'Halloran, Council Position No. 3
Ryan McIrvin, Council Position No. 4
Ed Prince, Council Position No. 5
Ruth Pérez, Council Position No. 6
Kim-Khánh Vǎn, Council Position No. 7
Councilmembers Absent:
ADMINISTRATIVE STAFF PRESENT
Armondo Pavone, Mayor
Kristi Rowland, Deputy Chief Administrative Officer
Alex Tuttle, Senior Assistant City Attorney
Jason Seth, City Clerk
Gina Estep, Community & Economic Development Administrator
Young Yoon, IT Director
Eric Perry, Government Affairs Manager
Commander Susan Hassinger, Police Department
Attended Remotely:
Judith Subia, Chief of Staff
Kari Roller, Finance Administrator
Martin Pastucha, Public Works Administrator
Kim Gilman, Interim Human Resources / Risk Management Administrator
Ron Straka, Public Works Utilities System Director
AGENDA ITEM #6. a)
January 27, 2025 REGULAR COUNCIL MEETING MINUTES
PROCLAMATION
Lunar New Year Day - January 27 - February 1, 2025: A proclamation by Mayor
Pavone was read declaring January 27 - February 1, 2025, as Lunar New Year Day in
the City of Renton and encouraging everyone to join in this special observance. Lele
"Happy" Tian accepted the proclamation with appreciation.
MOVED BY VǍN, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE
PROCLAMATION. CARRIED.
ADMINISTRATIVE REPORT
Deputy CAO Kristi Rowland 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:
• An enchanting night of family fun and memories await you at this year's Moonlight
Masquerade, the Parks and Recreation Department's annual Winter Family Dance.
The event will be hosted at the Renton Community Center, Friday, February 7, from 6-
8 p.m. Ages 3 and up are invited to dance to your favorite tunes, strike a pose at the
photo booth, enjoy some light refreshments, and take home a special keepsake. Cost
for Renton residents is $15 and non-residents $18. Pre-registration is required for
each attendee and may be done by visiting the Community Events tab at
rentonwa.gov/register.
• Save the date! Mayor Pavone’s annual State of the City Address is scheduled for
Wednesday, March 26, from 6-8 p.m. at the Hyatt Lake Washington. Watch for more
information coming soon.
• Preventative street maintenance will continue to impact traffic and result in
occasional street closures.
AUDIENCE COMMENTS
• Cathy Matthew, Renton, expressed concern about the traffic impact of a
development proposed for Logan Ave N and N 6th St. She also cited safety concerns
for children who walk to the nearby school.
• Gabriel Jones, Renton, expressed concern about speeding vehicles on SR 169 near I-
405.
• Mark DeVos, Renton, expressed concerns about the impact to parking in the North
Renton Neighborhood the proposed project at Logan Ave N and N 6th St. Additionally
he spoke about the Renton High School proposed expansion, and the issues with the
vacant building located near N 6th St and Park Ave N.
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 January 13, 2025. Council Concur.
AGENDA ITEM #6. a)
January 27, 2025 REGULAR COUNCIL MEETING MINUTES
b) AB - 3724 Executive Services Department submitted CAG-24-082, Community Center
Audiovisual System Upgrade project, contractor Avidex Industries, and recommends
acceptance of the project and release of retainage bond after 60 days once all required
releases from the State are received and all liens are legally cleared. Council Concur.
c) AB - 3728 Finance Department submitted a water leak adjustment request from the owners
of Kenworth Truck, Co., a commercial property, and recommends adjusting the account in the
total amount of $2,170.17 for excess water usage caused by a qualified water line leak in
accordance with RMC 8-4-46 and 8-5-23. Refer to Finance Committee.
d) AB - 3729 Finance Department submitted a water leak adjustment request from the owners
of Shadow Hawk II, LLC, a commercial property, in the amount of $2,889.62, for excess water
usage caused by a qualified water line leak in accordance with RMC-8-4-46 and 8-5-23. Refer
to Finance Committee.
e) AB - 3736 Public Works Airport recommended executing an agreement with Mott MacDonald,
in an amount not to exceed $481,900, for preliminary engineering design services required to
repair the Seaplane Base damaged in the flood of February 2020. Refer to Transportation
(Aviation) Committee.
f) AB - 3737 Public Works Airport recommended executing an agreement with Mott MacDonald,
in an amount not to exceed $293,600, for additional preliminary engineering design services
required to repair the Seaplane Base damaged in the flood of February 2020. Refer to
Transportation (Aviation) Committee.
g) AB - 3735 Public Works Maintenance Services requested authorization to purchase one
Vermeer BC1800XL Brush Chipper, in the amount of $122,023.36, from Vermeer Mountain
West. The funds for this purchase were included in the 2024 Q3 budget adjustment. Council
Concur.
h) AB - 3732 Public Works Transportation Systems Division recommended adoption of a
resolution authorizing an extension of the 300-day closure of Renton Ave S from February 28,
2025, to May 22, 2025 for the purpose of extending the Renton Ave S Bridge for the Bellevue
to Renton Widening and Express Toll Lane project on I-405. Refer to Transportation
(Aviation) Committee.
i) AB - 3733 Public Works Utility Systems Division submitted CAG-23-288, Lift Station and Force
Main Rehabilitation Phase 3 project, contractor Equity Builders, LLC, and recommends
acceptance of the project and release of retainage in the amount of $56,093.80 after 60 days
once all required releases are obtained from the state and all liens are legally cleared. Council
Concur.
MOVED BY ALBERSON, SECONDED BY PÉREZ, COUNCIL CONCUR TO APPROVE THE
CONSENT AGENDA AS PUBLISHED CARRIED.
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: Chair Perez presented a report recommending approval of the following
payments:
AGENDA ITEM #6. a)
January 27, 2025 REGULAR COUNCIL MEETING MINUTES
1. Accounts Payable - total payment of $9,650,690.90 for vouchers 10938-1942, 421954-
422284; payroll benefit withholding vouchers 7591-7607, 422285-422292 and 0 wire
transfers.
2. Payroll - total payment of $2,079,601.14 for payroll vouchers 664 direct deposits and 6
checks. (12/16/24-12/31/24 pay period).
3. Kidder Mathews vouchers 1830-1854 totaling $40,540.21.
MOVED BY PÉREZ, SECONDED BY O'HALLORAN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.)
ADJOURNMENT
MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL ADJOURN. CARRIED. TIME: 7:19 PM
Jason A. Seth, MMC, City Clerk
Jason Seth, Recorder
27 Jan 2025
AGENDA ITEM #6. a)
Council Committee Meeting Calendar
January 27, 2025
February 3, 2025
Monday
4:00 p.m. Utilities Committee, Chair Văn
Location: Council Conference Room/Videoconference
1. Emerging Issues in Utilities
• Cart Tagging Project
5:00 p.m. Transportation Committee, Chair McIrvin
Location: Council Conference Room/Videoconference
1. Supplemental Agreement #3 to CAG-23-015 Professional Services
Agreement with Transpo Group USA, Inc. for Construction Management
Services for the South 7th Street Corridor Project
2. Renton Avenue South – 300-day Closure Extension Request
3. Agreement with Mott MacDonald for Engineering Services - Dredging
4. Agreement with Mott MacDonald for Engineering Services - Dock and
Ramp
6:00 p.m. Committee of the Whole, Chair Alberson
Location: Conferencing Center
1. Allocation of Lodging Tax Funding for 2025
7:00 p.m. Council Meeting
Location: Council Chambers/Videoconference
AGENDA ITEM #6. a)
AB - 3731
City Council Regular Meeting - 03 Feb 2025
SUBJECT/TITLE: Reappointments to the Senior Citizens Advisory Board
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Mayor Pavone
STAFF CONTACT: Linda Moschetti-Newing, Executive Assistant
EXT.: 6500
FISCAL IMPACT SUMMARY:
Reappointment of four Senior Citizens Advisory Board members has no fiscal impact.
SUMMARY OF ACTION:
The Senior Citizens Advisory Board has four members whose term expired December 31, 2024. Staff has
confirmed with each member their desire to continue serving on the Board. The members have focused their
efforts on advocating for senior programs, activities, and initiatives, and are eager to continue as ambassadors
for the city in support of these quality of life areas for our senior population. All are members in good
standing who were originally appointed to the Board June 3, 2019. Mayor Pavone supports reappointment of
each member for an additional 3-year term expiring December 31, 2027. The members to be reappointed are:
1. Position 4, Ronald Erb.
2. Position 6, Jack Wardell.
3. Position 9, Anita Dull.
4. Position 14, Julie Horan.
EXHIBITS:
A. Recommendation Memo
STAFF RECOMMENDATION:
Reappoint the incumbent Senior Citizens Advisory Board Members Erb, Wardell, Dull, and Horan to an
additional 3-year term expiring December 31, 2027.
AGENDA ITEM #6. b)
Parks & Recreation
Department Memorandum
DATE: December 11, 2024
TO: Armondo Pavone, Mayor
CC: Ed VanValey, Chief Administrative Officer
Jason Seth, City Clerk
Jennifer Spencer, Recreation Director
Sean Claggett, Recreation Supervisor, Advisory Board Liaison
FROM: Maryjane Van Cleave, Parks and Recreation Administrator
SUBJECT: Re-Appointments to Renton Senior Citizen Advisory Board
I, along with staff, would like to request your consideration to recommend to the City
Council the re-appointment of the following Renton Senior Citizen Advisory board members.
The board has four terms scheduled to expire December 31, 2024. Staff have confirmed
with each board member holding an expiring term of their interest and eagerness to
continue to volunteer in this capacity as advocates and ambassadors for the city in support
of senior programs, activities, and initiatives for another term of three years.
Position 4 Ronald Erb .............................. New Term will expire 12/31/2027
Position 6 Jack Wardell ........................... New Term will expire 12/31/2027
Position 9 Anita Dull ................................ New Term will expire 12/31/2027
Position 14 Julie Horan .............................. New Term will expire 12/31/2027
Thank you for considering my team’s recommendation for reappointments to the Renton
Senior Citizen Advisory Board. We are fortunate for these community members to volunteer
their time in this board capacity and be a valuable advisory proponent for the city’s senior
citizen cares and concerns.
If you would like more information, contact Sean Claggett at x6632.
cc: Jennifer Spencer, Recreation Director
Sean Claggett, Recreation Supervisor
Aliena Shoemaker, Administrative Secretary I
Linda Mochchetti, Executive Assistant
Casaundra Sauls, City Clerk Specialist II
AGENDA ITEM #6. b)
AB - 3741
City Council Regular Meeting - 03 Feb 2025
SUBJECT/TITLE: 2025 Title IV Docket #20
RECOMMENDED ACTION: Refer to Planning Commission and Planning & Development
Committee
DEPARTMENT: Community & Economic Development Department
STAFF CONTACT: Angie Mathias, Long Range Planning Manager
EXT.: 6576
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
BACKGROUND SUMMARY:
RMC 4-8-070G outlines the types of review the Planning Commission shall conduct. The review of the Development
Regulations (Title IV Docket) process is specifically listed. Land Use Regulations review occurs upon Council request.
The Planning Commission will make recommendations regarding the Land Use Regulations to the Council. Final
recommendation of the Title IV Docket is the authority of the Council.
Title IV Development Regulations
This process is codified in RMC 4-9-025, Title IV Development Regulation Revision Process. Staff has compiled a series
of amendments to Title IV of the Renton Municipal Code (Development Regulations) that initiates several regulatory
initiatives that respond to important issues facing the City. The proposed list of amendments includes City initiated
amendments as shown in the Table below.
See attached issue paper for description of proposed docket list as well as other details.
EXHIBITS:
A. Issue Paper
STAFF RECOMMENDATION:
Refer items for the 2025 Title IV Docket #20 to the Planning and Development Committee and Planning Commission for
review. Following this review, the Planning Commission will present code revision recommendations to Council.
AGENDA ITEM #6. c)
DEPARTMENT OF COMMUNITY
& ECONOMIC DEVELOPMENT
M E M O R A N D U M
DATE: January 27, 2025
TO: James Alberson, Jr. Council President
Members of Renton City Council
VIA: Armondo Pavone, Mayor
FROM: Gina Estep, CED Administrator (x3615)
STAFF CONTACT: Angie Mathias, Long Range Planning Manager (x6576)
SUBJECT: 2025 Title IV Docket #20
ISSUE:
Should the 2025 Title IV Docket #20 work program be referred to the Planning &
Development Committee and the Planning Commission for consideration and potential
adoption?
RECOMMENDATION:
Refer the additional items for the 2025 Title IV Docket #20 to the Planning and
Development Committee and Planning Commission for review. Following this review,
the Planning Commission will present code revision recommendations to Council.
BACKGROUND SUMMARY:
RMC 4-8-070G outlines the types of review the Planning Commission shall conduct.
The review of the Development Regulations (Title IV Docket) process is specifically
listed. Land Use Regulations review occurs upon Council request. The Planning
Commission will make recommendations regarding the Land Use Regulations to the
Council. Final recommendation of the Title IV Docket is the authority of the Council.
Title IV Development Regulations
This process is codified in RMC 4-9-025, Title IV Development Regulation Revision
Process. Staff has compiled a series of amendments to Title IV of the Renton Municipal
Code (Development Regulations) that initiates several regulatory initiatives that
respond to important issues facing the City. The proposed list of amendments includes
City initiated amendments as shown in the Table below.
CONCLUSION:
The proposed schedule for review of the Title IV Docket #20 Amendments is for the
Planning Commission review to occur through December 2025.
AGENDA ITEM #6. c)
2025 TITLE IV DOCKET #20
City-Initiated Amendments
1. Co-Living
HB 1998 requires the City to amend Code to allow single room occupancy housing, boarding
houses, etc. in areas that allow multi family housing with six or more units per lot. Additionally,
there are other required amendments such as not requiring minimum room dimensions larger than
that required by the state building code. Also, cannot require standards greater than state building
code regarding dwelling unit size, sleeping unit size, room area, and habitable space. Co-living
cannot be required to provide a mix of unit sizes or number of bedrooms. There are also limitations
about when parking could be required to be provided. This must be completed by December 31,
2025.
2. Planned Urban Development Regulations – Private Open Space
Look at additional opportunities to provide private open space for upper story residential units that
is not limited to balconies.
3. Rezones to Residential Multi Family 2 (RMF-2) and Commercial Neighborhood (CN)
Review and recommend properties to be rezoned with the new RMF-2 zone that allows 40 dwelling
units per acre, double the maximum 20 dwelling units per acre in the RMF-1 zone. Also, consider
areas where corner stores and neighborhood retail are appropriate. This would allow commercial
uses to support reinvestment, entrepreneurs, opportunities for socializing, food security/ healthy
food options, compact development, and reduced dependency on cars.
4. Corner Stores and Neighborhood Retails
Allow corner stores and other small-scale commercial uses to support reinvestment,
entrepreneurs, opportunities for socializing, food security/ healthy food options, compact
development, and reduced dependency on cars.
Neighborhood Commercial Fact Sheet:
https://deptofcommerce.app.box.com/s/tn1dh2c3lcj7nr6lw8lax950lvbfe8yg
5. Code Interpretations 2025
Administrative Policy and Code Interpretations are binding interpretations concerning land use
codes administered by the City. Drafts are posted online and public comments may be provided.
Interpretations are then issued subject to comments received. Interpretations may be appealed.
Staff try to codify the interpretations on an annual basis.
6. Comprehensive Plan 2025 Amendments
• Finalize Transportation element
• Correct Scrivener’s errors, for example KCWD90 Section should say PUMP stations not public
stations.
AGENDA ITEM #6. c)
AB - 3744
City Council Regular Meeting - 03 Feb 2025
SUBJECT/TITLE: Conversion of Civil Engineer 2 to Civil Engineer 3 Position
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Community & Economic Development Department
STAFF CONTACT: Nathan Janders, Development Engineering Manager
EXT.: 7382
FISCAL IMPACT SUMMARY:
Converting the vacant Civil Engineer 2 position (Step E – Grade A30) to a Civil Engineer 3 position (Step E –
Grade A33) will result in an increase in biennial budget of $15,000 and $15,500 for 2025 and 2026
respectively. The additional budget will be added to the quarter 1 2025 budget adjustment.
SUMMARY OF ACTION:
The Development Engineering Division has twice attempted to recruit for the vacant Civil Engineer 2 position
without finding a qualified Civil Engineer 2 applicant. To broaden the applicant pool, the Division proposes
converting the position to a Civil Engineer 3 with the ability to hire at Step E.
Given the vacancy has lasted six months, the urgency to fill the role, and no increase to the 2025 annual budget, the
Division requests authorization to set the preferred candidate’s start date for February 17, 2025, or later. The conversion
and hire will be reflected in the first-quarter budget adjustment.
EXHIBITS:
N/A
STAFF RECOMMENDATION:
Approve the conversion of the vacant Civil Engineer 2 position in the Development Engineering Division to a Civil
Engineer 3 position, authorize the hire of the preferred candidate for the position at a salary up to Step E of the Salary
table (depending on the qualification of the applicant), with a start date of February 17, 2025, or later
AGENDA ITEM #6. d)
AB - 3740
City Council Regular Meeting - 03 Feb 2025
SUBJECT/TITLE: State and Local Cybersecurity Grant Program (SLCGP) 2023
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Executive Services Department
STAFF CONTACT: Brett Tietjen, Infrastructure and Security Manager
EXT.: 6873
FISCAL IMPACT SUMMARY:
Amount Budgeted: $0.00
Revenue Generated: $30,000.00
The Executive Services Department has been awarded funding from the State and Local Cybersecurity Grant
Program (SLCGP) in the amount of $30,000.00. There is no grant match required for the acceptance of these
funds. Authorization is requested for additional budget appropriates for the Information Technology Division
in the amount of $30,000.00 offset by additional grant funds of the same amount.
SUMMARY OF ACTION:
These grant funds will be used to supplement our email security product approved and purchased last year
with additional security modules for evaluation of long-term viability. These modules provide automated
remediation of malicious email tenant-wide, as well as communications and response to reported threats,
among other features.
EXHIBITS:
A. SLCGP Contract E25-279
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to sign the State and Local Cybersecurity Grant Program contract E25-279
and approve the 2025 budget adjustment of $30,000.00.
AGENDA ITEM #6. e)
DHS-FEMA-SLCGP-FY23 Page 1 of 38 City of Renton, E25-279
Washington Military Department
STATE AND LOCAL CYBERSECURITY GRANT PROGRAM AGREEMENT FACE SHEET
1.Subrecipient Name and Address:
City of Renton
1055 S. Grady Way
Renton, WA 98057
2.Grant Agreement Amount:
$30,000
3.Grant Agreement Number:
E25-279
4.Subrecipient Contact, phone/email:
Brett Tietjen, 425-430-6873
btietjen@rentonwa.gov
5.Grant Agreement Start Date:
December 1, 2023
6.Grant Agreement End Date:
March 31, 2025
7.Department Contact, phone/email:
Deborah Henderson, 253-512-7470
deborah.henderson@mil.wa.gov
8.Unique Entity Identifier (UEI):
UG2PSBS6UJJ3
9.UBI # (state revenue):
170-000-094
10.Funding Authority:
Washington Military Department (the Department) and the U.S. Department of Homeland Security (DHS)
11.Federal Funding Identification #:
EMW-2023-CY-00042
12.Federal Award Date:
12/7/2023
13.Assistance Listings # & Title:
97.137 – 23SLCGP
14. Total Federal Award Amount:
$7,403,503
15. Program Index # & OBJ/SUB-OBJ:
735C3 (State), 735C4 (Local-Rural), 735C5 (Local-Not Rural) / NZ
16. EIN
91-6001271
17.Service Districts:
BY LEGISLATIVE DISTRICTS: 41
BY CONGRESSIONAL DISTRICTS: 9
18.Service Area by County(ies):
King
19.Women/Minority-Owned, State
Certified: ☒ N/A ☐ NO
☐YES, OMWBE #_________
20. Agreement Classification☐Personal Services ☐ Client Services ☒ Public/Local Gov’t☐Research/Development ☐ A/E ☐ Other_______
21. Contract Type (check all that apply):
☐Contract ☒Grant ☒Agreement
☐Intergovernmental (RCW 39.34)☐Interagency
22.Subrecipient Selection Process:
☒“To all who apply & qualify”☐Competitive Bidding
☐Sole Source ☐A/E RCW ☐ N/A
☐Filed w/OFM? ☐ Advertised? ☐ YES ☐NO
23. Subrecipient Type (check all that apply)
☐Private Organization/Individual ☐For-Profit
☒Public Organization/Jurisdiction ☐Non-Profit
☐CONTRACTOR ☒ SUBRECIPIENT ☐ OTHER
24. PURPOSE & DESCRIPTION:
The goal of the Federal Fiscal Year (FFY) 2023 State and Local Cybersecurity Grant Program (23SLCGP) is to assist state, local, and territorial
(SLT) governments with managing and reducing systemic cyber risk. Strengthening cybersecurity practices and resilience of SLT
governments is an important homeland security mission and the primary focus of the SLCGP. Through funding from the Infrastructure
Investment and Jobs Act (IIJA), also known as the Bipartisan Infrastructure Law (BIL), the SLCGP enables DHS to make targeted cybersecurity
investments in SLT government agencies, thus improving the security of critical infrastructure and improving the resilience of the services.
The Department is the Recipient and Pass-through Entity of the 23SLCGP DHS Award Letter for Grant No. EMW-2023-CY-00042 (“Grant”),
which is incorporated in and attached hereto as Attachment C and has made a subaward of funds to the Subrecipient pursuant to this
Agreement. The Subrecipient is accountable to the Department for use of Federal award funds provided under this Agreement.
IN WITNESS WHEREOF, the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referenced attachments
which are hereby incorporated, and have executed this Agreement as of the date below. This Agreement Face Sheet; Special Terms & Conditions
(Attachment A); General Terms and Conditions (Attachment B); DHS Award Letter (Attachment C), Work Plan (Attachments D), Budget (Attachment E),
Timeline (Attachment F); and all other documents and attachments expressly referenced and incorporated herein contain all the terms and conditions agreed
upon by the parties and govern the rights and obligations of the parties to this Agreement. No other understandings, oral or otherwise, regarding the subject
matter of this Agreement shall be deemed to exist or to bind any of the parties.
In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following
order:
1. Applicable federal and state statutes and regulations 4.Special Terms and Conditions
2.DHS/FEMA Award and program documents 5.General Terms and Conditions, and,
3.Work Plan, Timeline, and Budget 6.Other provisions of the Agreement incorporated by reference.
WHEREAS, the parties have executed this Agreement on the day and year last specified below.
FOR THE DEPARTMENT:
______________________________________________
Signature Date
Regan Anne Hesse, Chief Financial Officer
Washington Military Department
BOILERPLATE APPROVED TO FORM:
Alex Staub 12/7/2023
Assistant Attorney General
FOR THE SUBRECIPIENT:
__________________________________________
Date Signature
Armondo Pavone, Mayor City of Renton
ATTESTED:
______________________________________
Signature Date
Jason Seth, City Clerk
APPROVED AS TO FORM (if applicable):
_________________________________________
Signature Date
Shane Maloney, City Attorney clb (2887) 1/24/24
AGENDA ITEM #6. e)
DHS-FEMA-SLCGP-FY23 Page 2 of 38 City of Renton, E25-279
Attachment A
SPECIAL TERMS AND CONDITIONS
ARTICLE I. KEY PERSONNEL The individuals listed below shall be considered key personnel for point of contact under this Agreement. Any substitution of key personnel by either party shall be made by written notification to the current key personnel.
SUBRECIPIENT DEPARTMENT
Name Brett Tietjen Name Deborah Henderson
Title Network Systems Manager Title Program Coordinator
Email btietjen@rentonwa.gov Email deborah.henderson@mil.wa.gov
Phone 425-430-6873 Phone 253-512-7470
Name Young Yoon Name Melissa Berry
Title IT Director Title Program Manager
Email yyoon@rentonwa.gov Email melissa.berry@mil.wa.gov
Phone 425-430-6886 Phone 253-512-7065
Name Name Grant Miller
Title Title Program Assistant
Email Email grant.miller@mil.wa.gov
Phone Phone 253-512-7145
ARTICLE II. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS
The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements and
program guidance identified or referenced in this Agreement and the informational documents published by
DHS/FEMA applicable to the 23SLCGP, including, but not limited to, all criteria, restrictions, and requirements
of “The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year 2023 State
and Local Cybersecurity Grant Program (SLCGP)” (hereafter “the NOFO”) document, the DHS Award Letter for
the Grant, and the federal regulations commonly applicable to DHS/FEMA grants, all of which are incorporated
herein by reference. The DHS Award Letter is incorporated in this Agreement as Attachment C.
The Subrecipient acknowledges that since this Agreement involves federal award funding, the period of
performance may begin prior to the availability of appropriated federal funds. The Subrecipient agrees that it will
not hold the Department, the State of Washington, or the United States liable for any damages, claim for
reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to
distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount.
A.STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS GRANTS:
The following requirements apply to all DHS/FEMA Preparedness Grants administered by the Department.
1.SUBAWARDS & CONTRACTS BY SUBRECIPIENTS
a. The Subrecipient must make a case-by-case determination whether each agreement it makes for
the disbursement of 23SLCGP funds received under this Agreement casts the party receiving the
funds in the role of a subrecipient or contractor in accordance with 2 CFR 200.331.
b.If the Subrecipient also becomes a pass-through entity by making a subaward to a non-federal
entity as its subrecipient, the Subrecipient must make a case-by-case determination whether each
agreement it makes for the disbursement of 23SLCGP funds received under this Agreement casts
the party receiving the funds in the role of a subrecipient or contractor in accordance with 2 CFR
200.330.
i.The Subrecipient must comply with all federal laws and regulations applicable to pass-
through entities of 23SLCGP funds, including, but not limited to, those contained in 2 CFR
200.
ii.The Subrecipient shall require its subrecipient(s) to comply with all applicable state and
federal laws, rules, regulations, requirements and program guidance identified or referenced
in this Agreement and the informational documents published by DHS/FEMA applicable to
the 23SLCGP Program, including, but not limited to, all criteria, restrictions, and
AGENDA ITEM #6. e)
DHS-FEMA-SLCGP-FY23 Page 3 of 38 City of Renton, E25-279
requirements of the NOFO , the DHS Award Letter for the Grant in Attachment C, and the
federal regulations commonly applicable to DHS/FEMA grants.
iii. The Subrecipient shall be responsible to the Department for ensuring that all 23SLCGP
federal award funds provided to its subrecipients are used in accordance with applicable
federal and state statutes and regulations, and the terms and conditions of the federal award
set forth in Attachment C of this Agreement.
2. BUDGET, REIMBURSEMENT, AND TIMELINE
a. Within the total Grant Agreement Amount, travel, subcontracts, salaries, benefits, printing,
equipment, and other goods and services or other budget categories will be reimbursed on an
actual cost basis upon completion unless otherwise provided in this Agreement.
b. The maximum amount of all reimbursement requests permitted to be submitted under this
Agreement, including the final reimbursement request, is limited to and shall not exceed the total
Grant Agreement Amount.
c. If the Subrecipient chooses to include indirect costs within the Budget (Attachment E), additional
documentation is required based on the applicable situation. As described in 2 CFR 200.414 and
Appendix VII to 2 CFR 200:
i. If the Subrecipient receives direct funding from any Federal agency(ies), documentation of
the rate must be submitted to the Department Key Personnel per the following:
A. More than $35 million, the approved indirect cost rate agreement negotiated with its
federal cognizant agency.
B. Less than $35 million, the indirect cost proposal developed in accordance with
Appendix VII of 2 CFR 200 requirements.
ii. If the Subrecipient does not receive direct federal funds (i.e., only receives funds as a
subrecipient), the Subrecipient must either elect to charge a de minimis rate of ten percent
(10%) or 10% of modified total direct costs or choose to negotiate a higher rate with the
Department. If the latter is preferred, the Subrecipient must contact Department Key
Personnel for approval steps.
d. For travel costs, the Subrecipient shall comply with 2 CFR 200.475 and should consult their
internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing
or amended, and federal maximum rates set forth at https://www.gsa.gov, and follow the most
restrictive. If travel costs exceed set state or federal limits, travel costs shall not be reimbursed
without prior written approval by Department Key Personnel.
e. Reimbursement requests will include a properly completed State A-19 Invoice Form and
Reimbursement Spreadsheet (in the format provided by the Department) detailing the
expenditures for which reimbursement is sought. Reimbursement requests must be submitted to
Reimbursements@mil.wa.gov no later than the due dates listed within the Timeline (Attachment
F).
Reimbursement request totals should be commensurate to the time spent processing by the
Subrecipient and the Department.
f. Receipts and/or backup documentation for any approved items that are authorized under this
Agreement must be maintained by the Subrecipient consistent with record retention requirements
of this Agreement and be made available upon request by the Department, and federal, state,
and local auditors.
g. The Subrecipient must request prior written approval from Department Key Personnel to waive
or extend a due date in the Timeline (Attachment F). For waived or extended reimbursement due
dates, all allowable costs should be submitted on the next scheduled reimbursement due date
contained in the Timeline. Waiving or missing deadlines serves as an indicator for assessing an
agency’s level of risk of noncompliance with the regulations, requirements, and the terms and
conditions of the Agreement and may increase required monitoring activities. Any request for a
waiver or extension of a due date in the Timeline will be treated as a request for Amendment of
AGENDA ITEM #6. e)
DHS-FEMA-SLCGP-FY23 Page 4 of 38 City of Renton, E25-279
the Agreement. This request must be submitted to the Department Key Personnel sufficiently in
advance of the due date to provide adequate time for Department review and consideration and
may be granted or denied within the Department’s sole discretion.
h. All work under this Agreement must end on or before the Grant Agreement End Date, and the
final reimbursement request must be submitted to the Department within the time period notated
in the Timeline (Attachment F), except as otherwise authorized by either (1) written amendment
of this Agreement or (2) written notification from the Department to the Subrecipient to provide
additional time for completion of the Subrecipient’s subproject(s).
i. No costs for purchases of equipment/supplies will be reimbursed until the related
equipment/supplies have been received by the Subrecipient, its contractor, or any non-federal
entity to which the Subrecipient makes a subaward and is invoiced by the vendor.
j. Failure to submit timely, accurate, and complete reports and reimbursement requests as required
by this Agreement (including, but not limited to, those reports in the Timeline [Attachment F]) will
prohibit the Subrecipient from being reimbursed until such reports are submitted and the
Department has had reasonable time to conduct its review.
k. Final reimbursement requests will not be approved for payment until the Subrecipient is current
with all reporting requirements contained in this Agreement.
l. A written amendment will be required if the Subrecipient expects cumulative transfers among
solution area totals, as identified in the Budget (Attachment E), to exceed ten percent (10%) of
the Grant Agreement Amount. Any changes to solution area totals not in compliance with this
paragraph will not be reimbursed without approval from the Department.
m. Subrecipients shall only use federal award funds under this Agreement to supplement existing
funds and will not use them to replace (supplant) non-federal funds that have been budgeted for
the same purpose. The Subrecipient may be required to demonstrate and document that the
reduction in non-federal resources occurred for reasons other than the receipt or expected receipt
of federal funds.
3. REPORTING
a. Biannual reports must be submitted to Reimbursements@mil.wa.gov in the format provided by
the Department no later than the dates listed within the Timeline (Attachment F).
b. With each reimbursement request, the Subrecipient shall report how the expenditures, for which
reimbursement is sought, relate to the Work Plan (Attachments D) activities in the format provided
by the Department.
c. With the final reimbursement request, the Subrecipient shall submit to
Reimbursements@mil.wa.gov a final report in the format provided by the Department describing
all completed activities under this Agreement.
d. The Subrecipient shall comply with the Federal Funding Accountability and Transparency Act
(FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended by section
6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete and return to the
Department an Audit Certification/FFATA Form. This form is required to be completed once per
calendar year, per Subrecipient, and not per agreement. The Department’s Contracts Office will
request the Subrecipient submit an updated form at the beginning of each calendar year in which
the Subrecipient has an active agreement.
4. EQUIPMENT AND SUPPLY MANAGEMENT
a. The Subrecipient and any non-federal entity to which the Subrecipient makes a subaward shall
comply with 2 CFR 200.317 through 200.327 when procuring any equipment or supplies under
this Agreement, 2 CFR 200.313 for management of equipment, and 2 CFR 200.314 for
management of supplies, to include, but not limited to:
i. Upon successful completion of the terms of this Agreement, all equipment and supplies
purchased through this Agreement will be owned by the Subrecipient, or a recognized non-
federal entity to which the Subrecipient has made a subaward, for which a contract,
subrecipient grant agreement, or other means of legal transfer of ownership is in place.
AGENDA ITEM #6. e)
DHS-FEMA-SLCGP-FY23 Page 5 of 38 City of Renton, E25-279
ii. All equipment, and supplies as applicable, purchased under this Agreement will be recorded
and maintained in the Subrecipient’s inventory system.
iii. Inventory system records shall include:
A. Description of the property;
B. Manufacturer’s serial number, model number, or other identification number;
C. Funding source for the property, including the Federal Award Identification Number
(FAIN) (Face Sheet, Box 11);
D. Assistance Listings Number (Face Sheet, Box 13);
E. Who holds the title;
F. Acquisition date;
G. Cost of the property and the percentage of federal participation in the cost;
H. Location, use and condition of the property at the date the information was reported;
I. Disposition data including the date of disposal and sale price of the property.
iv. The Subrecipient shall take a physical inventory of the equipment, and supplies as
applicable, and reconcile the results with the property records at least once every two years.
Any differences between quantities determined by the physical inspection and those shown
in the records shall be investigated by the Subrecipient to determine the cause of the
difference. The Subrecipient shall, in connection with the inventory, verify the existence,
current utilization, and continued need for the equipment.
v. The Subrecipient shall be responsible for any and all operational and maintenance
expenses and for the safe operation of the equipment and supplies including all questions
of liability. The Subrecipient shall develop appropriate maintenance schedules and
procedures to ensure the equipment, and supplies as applicable, are well-maintained and
kept in good operating condition.
vi. The Subrecipient shall develop a control system to ensure adequate safeguards to prevent
loss, damage, and theft of the property. Any loss, damage, or theft shall be investigated,
and a report generated and sent to the Department’s Key Personnel.
vii. The Subrecipient must obtain and maintain all necessary certifications and licenses for the
equipment.
viii. If the Subrecipient is authorized or required to sell the property, proper sales procedures
must be established and followed to ensure the highest possible return. For disposition, if
upon termination or at the Grant Agreement End Date, when original or replacement
supplies or equipment acquired under a federal award are no longer needed for the original
project or program or for other activities currently or previously supported by a federal
awarding agency, the Subrecipient must comply with the following procedures:
A. For Supplies: If there is a residual inventory of unused supplies exceeding $5,000 in
total aggregate value upon termination or completion of the project or program and the
supplies are not needed for any other federal award, the Subrecipient must retain the
supplies for use on other activities or sell them, but must, in either case, compensate
the federal government for its share. The amount of compensation must be computed
in the same manner as for equipment.
B. For Equipment:
1) Items with a current per-unit fair-market value of five thousand dollars ($5,000) or
less may be retained, sold, transferred, or otherwise disposed of with no further
obligation to the federal awarding agency.
2) Items with a current per-unit fair-market value in excess of five thousand dollars
($5,000) may be retained or sold. The Subrecipient shall compensate the federal
AGENDA ITEM #6. e)
DHS-FEMA-SLCGP-FY23 Page 6 of 38 City of Renton, E25-279
awarding agency in accordance with the requirements of 2 CFR 200.313 (e) (2)
and the Subrecipient shall notify Department Key Personnel to initiate approval by
the federal awarding agency.
ix. Records for equipment shall be retained by the Subrecipient for a period of six (6) years
from the date of the disposition, replacement, or transfer. If any litigation, claim, or audit is
started before the expiration of the six- (6-) year period, the records shall be retained by the
Subrecipient until all litigation, claims, or audit findings involving the records have been
resolved.
b. Equipment purchases (those with a current per-unit fair market value in excess of $5,000) must
be identified and explained to the Department. The use, management, and disposition of such
equipment is subject to requirements outlined in 2 CFR 200.313. Before making such
purchases, the Subrecipient should analyze the cost benefits of purchasing versus leasing
equipment, especially those subject to rapid technical advances.
c. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory and/or
DHS/FEMA adopted standards to be eligible for purchase using federal award funds.
d. If funding is allocated to support emergency communications activities, the Subrecipient must
ensure that all projects comply with SAFECOM Guidance on Emergency Communications
Grants, located at https://www.cisa.gov/safecom/funding, including provisions on technical
standards that ensure and enhance interoperable communications.
e. Effective August 13, 2020, FEMA recipients and subrecipients, as well as their contractors and
subcontractors, may not obligate or expend any FEMA award funds to:
i. Procure or obtain any equipment, system, or service that uses covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical
technology of any system;
ii. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or
service that uses covered telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology of any system; or
iii. Enter into, extend, or renew contracts with entities that use covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical
technology as part of any system.
This prohibition regarding certain telecommunications and video surveillance services or
equipment is mandated by section 889 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018) and 2 CFR 200.216, 200.327,
200.471, and Appendix II to 2CFR200. Recipients and subrecipients may use DHS/FEMA grant
funding to procure replacement equipment and services impacted by this prohibition, provided
the costs are otherwise consistent with the requirements of the NOFO.
Per subsections 889(f)(2)-(3) of the FY 2019 NDAA, and 2 CFR 200.216, covered
telecommunications equipment or services means:
i. Telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation, (or any subsidiary or affiliate of such entities);
ii. For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology
Company (or any subsidiary or affiliate of such entities);
iii. Telecommunications or video surveillance services provided by such entities or using such
equipment; or
iv. Telecommunications or video surveillance equipment or services produced or provided by
an entity that the Secretary of Defense, in consultation with the Director of National
Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be
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an entity owned or controlled by, or otherwise connected to, the government of a covered
foreign country.
f. The Subrecipient must pass through equipment and supply management requirements that meet
or exceed the requirements outlined above to any non-federal entity to which the Subrecipient
makes a subaward of federal award funds under this Agreement.
5. ENVIRONMENTAL AND HISTORICAL PRESERVATION
a. The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental Planning and
Historic Preservation (EHP) Program. EHP program information can be found at
https://www.fema.gov/grants/guidance-tools/environmental-historic all of which are incorporated
in and made a part of this Agreement.
b. Projects that have historical impacts or the potential to impact the environment, including, but
not limited to, construction of communication towers; modification or renovation of existing
buildings, structures, and facilities; or new construction, including replacement of facilities, must
participate in the DHS/FEMA EHP review process prior to project initiation. Modification of existing
buildings, including minimally invasive improvements such as attaching monitors to interior walls,
and training or exercises occurring outside in areas not considered previously disturbed also
require a DHS/FEMA EHP review before project initiation.
c. The EHP review process involves the submission of a detailed project description that includes
the entire scope of work, including any alternatives that may be under consideration, along with
supporting documentation so FEMA may determine whether the proposed project has the
potential to impact environmental resources and/or historic properties.
d. The Subrecipient agrees that, to receive any federal preparedness funding, all EHP compliance
requirements outlined in applicable guidance must be met. The EHP review process must be
completed and FEMA approval must be received by the Subrecipient before any work is
started for which reimbursement will be later requested. Expenditures for projects started before
completion of the EHP review process and receipt of approval by the Subrecipient may not be
reimbursed.
6. PROCUREMENT
The Subrecipient shall comply with all procurement requirements of 2 CFR 200.317 through 200.327
and as specified in the General Terms and Conditions (Attachment B, A.10).
a. For all contracts expected to exceed the simplified acquisition threshold, per 2 CFR 200.1, the
Subrecipient must notify the Department. The Department may request pre-procurement
documents, such as request for proposals, invitations for bids and independent cost estimates.
This requirement must be passed on to any non-federal entity to which the Subrecipient makes a
subaward, at which point the Subrecipient will be responsible for requesting and reviewing pre-
procurement documents.
b. For all sole source contracts expected to exceed the micro-purchase threshold per 2 CFR 200.1,
the Subrecipient must submit justification to the Department for review and approval. This
requirement must be passed on to any non-federal entity to which the Subrecipient makes a
subaward, at which point the Subrecipient will be responsible for reviewing and approving sole
source justifications to any non-federal entity to which Subrecipient makes any award.
c. The Subrecipient as well as its contractors and subcontractors must comply with the Build
America, Buy America Act (BABAA), which was enacted as a part of the Infrastructure Investment
and Jobs Act §§ 70901-70297, Pub. L. No. 117-58 (2021); and Executive Order 14005, Ensuring
the Future is Made in All of America by All of America’s Workers. BABAA requires any
infrastructure project receiving federal funding must ensure:
i. All iron and steel used in the project are produced in the United States. This means all
manufacturing processes, from initial melting stage through the application of coatings,
occurred in the United States.
ii. All manufactured products must be produced in the United States. For a manufactured
product to be considered produced in the United States, the cost of the components of the
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manufactured product that are mined, produced, or manufactured in the United States
must be greater than 55% of the total cost of all minimum amount of domestic content of
manufactured product, unless subject to another standard.
iii. All construction materials are manufactured in the United States. This means that all
manufacturing processes for construction material occurred in the United States.
Additionally, applicable infrastructure projects are subject to domestic preference requirements.
A domestic preference does not apply to non-infrastructure spending under an award that also
includes a covered project. A domestic preference applies to an entire infrastructure project, even
if it is funded by both federal and non-federal funds under one or more awards.
i. Domestic preferences under BABAA only apply to articles, materials, and supplies that
are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does
not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the
construction site and removed at or before the completion of the infrastructure project. Nor
does a domestic preference apply to equipment and furnishings, such as movable chairs,
desks, and portable computer equipment, that are used at or within the finished
infrastructure project but are not an integral part of or permanently affixed to the structure.
ii. Infrastructure, for the purposes of BABAA, includes, at a minimum, the structures,
facilities, and equipment for, in the United States, roads, highways and bridges; public
transportation; dams, ports, harbors and other maritime facilities; intercity passenger and
freight railroads; freight and intermodal facilities; airports; water systems, including
drinking water and wastewater systems; electrical transmission facilities and systems;
utilities; broadband infrastructure; and buildings and real property. Infrastructure includes
facilities that generate, transport, and distribute energy.
iii. The Subrecipient’s contractors and their subcontractors who apply or bid for an award for
an infrastructure project subject to the domestic preference requirement in the BABAA
shall file a required certification to the Subrecipient with each bid or offer for an
infrastructure project, unless a domestic preference requirement is waived by FEMA.
Contractors and subcontractors must certify that no federal financial assistance funding
for infrastructure projects will be provided unless all the iron, steel, manufactured projects,
and construction materials used in the project are produced in the United States. BABAA,
Pub. L. No. 117-58, §§ 70901-52. Contractors and subcontractors shall also disclose any
use of federal financial assistance for infrastructure projects that does not ensure
compliance with BABAA domestic preference requirement. Such disclosures shall be
forwarded to the Subrecipient who will forward them to the Department who, in turn, will
forward the disclosures to FEMA. The Build America, Buy America Act Self-Certification
form is included herein as Attachment G.
If the Subrecipient is interested in applying for a waiver, the Subrecipient should contact the
Department Key Personnel to determine the requirements. All waiver requests must include a
detailed justification for the use of goods, products, or materials mined, produced, or
manufactured outside the United States and a certification that there was a good faith effort to
solicit bids for domestic products supported by terms included in requests for proposals, contracts,
and nonproprietary communications with potential suppliers.
7. SUBRECIPIENT MONITORING
a. The Department will monitor the activities of the Subrecipient from award to closeout. The goal of
the Department’s monitoring activities is to ensure that subrecipients receiving federal pass-
through funds are in compliance with this Agreement, federal and state audit requirements,
federal grant guidance, and applicable federal and state financial regulations, as well as 2 CFR
Part 200 Subpart F.
b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient shall
complete and return to the Department an Audit Certification/FFATA form. Reporting
requirements are referenced in section 3.c.
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c. Monitoring activities may include, but are not limited to:
i. Review of financial and performance reports;
ii. Monitoring and documenting the completion of Agreement deliverables;
iii. Documentation of phone calls, meetings (e.g., agendas, sign-in sheets, meeting minutes), e-
mails, and correspondence;
iv. Review of reimbursement requests and supporting documentation to ensure allowability and
consistency with Agreement Work Plan (Attachments D-1, D-2, D-3), Budget (Attachment E),
and federal requirements;
v. Observation and documentation of Agreement-related activities, such as exercises, training,
events, and equipment demonstrations; and
vi. On-site visits to review equipment records and inventories, to verify source documentation for
reimbursement requests and performance reports, and to verify completion of deliverables.
d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined above, for
any non-federal entity to which the Subrecipient makes a subaward as a pass-through entity
under this Agreement.
e. Compliance will be monitored throughout the performance period to assess risk. Concerns will be
addressed through a corrective action plan.
8. LIMITED ENGLISH PROFICIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI)
The Subrecipient must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition
against discrimination on the basis of national origin, which requires that subrecipients of federal
financial assistance take reasonable steps to provide meaningful access to persons with limited
English proficiency (LEP) to their programs and services. Providing meaningful access for persons
with LEP may entail providing language assistance services, including oral interpretation and written
translation. Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting
such organizations and entities in understanding their language access obligations. DHS published
the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance
Recipients Regarding Title VI Prohibition against National Origin Discrimination Affecting Limited
English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides
helpful information such as how a recipient can determine the extent of its obligation to provide
language services, selecting language services, and elements of an effective plan on language
assistance for LEP persons. For additional assistance and information regarding language access
obligations, please refer to the DHS Recipient Guidance at https://www.dhs.gov/guidance-published-
help-department-supported-organizations-provide-meaningful-access-people-limited and additional
resources on https://www.lep.gov.
B. SLCGP SPECIFIC REQUIREMENTS
1. The Subrecipient must use SLCGP funds only to perform tasks as described in the Work Plan
(Attachments D) and the Subrecipient’s approved application for funding incorporated into this
Agreement.
2. Subrecipients are required to annually complete the Nationwide Cybersecurity Review (NCSR)
https://www.cisecurity.org/ms-isac/services/ncsr, a free, anonymous, annual self-assessment
designed to measure gaps and capabilities of a SLT’s cybersecurity programs to benchmark and
measure progress of improvement in their cybersecurity posture. Due dates are included in the
Timeline (Attachment F). For more information, visit Nationwide Cybersecurity Review (NCSR)
(cisecurity.org).
3. Subrecipients are required to participate in free cyber hygiene services, specifically vulnerability
scanning and web application scanning. To register for these services, email
vulnerability@cisa.dhs.gov with the subject line “Requesting Cyber Hygiene Services – SLCGP” to
get started. Indicate in the body of your email that you are requesting this service as part of the
SLCGP. For more information, visit CISA’s Cyber Hygiene Information Page.
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4. Subrecipients may retain a maximum of up to five percent of the Grant Agreement Amount for
management and administration (M&A) activities, directly relating to the management and
administration of SLCGP funds, such as financial management and monitoring.
C. DHS TERMS AND CONDITIONS
As a subrecipient of 23SLCGP funding, the Subrecipient shall comply with all applicable DHS terms and
conditions of the 23SLCGP Award Letter and its incorporated documents, which are incorporated in and
made a part of this Agreement as Attachment C.
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Attachment B
Washington Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS)/
Federal Emergency Management Agency (FEMA)
Grants
A.1 DEFINITIONS
As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200
Subpart A (which is incorporated herein by reference), except as otherwise set forth below:
a. “Agreement” means this Grant Agreement.
b. “Department” means the Washington Military Department, as a state agency, any division,
section, office, unit or other entity of the Department, or any of the officers or other officials lawfully
representing that Department. The Department is a recipient of a federal award directly from a
federal awarding agency and is the pass-through entity making a subaward to a Subrecipient
under this Agreement.
c. “Investment” means the grant application submitted by the Subrecipient describing the project(s)
for which federal funding is sought and provided under this this Agreement. Such grant application
is hereby incorporated into this Agreement by reference.
d. “Monitoring Activities” means all administrative, financial, or other review activities that are
conducted to ensure compliance with all state and federal laws, rules, regulations, authorities and
policies.
e. “Subrecipient” when capitalized is primarily used throughout this Agreement in reference to the
non-federal entity identified on the Face Sheet of this Agreement that has received a subaward
from the Department. However, the definition of “Subrecipient” is the same as in 2 CFR 200.1 for
all other purposes.
A.2 ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or services to be provided
under this Agreement. Subrecipient shall not invoice the Department in advance of delivery and invoicing
of such goods or services.
A.3 AMENDMENTS AND MODIFICATIONS
The Subrecipient or the Department may request, in writing, an amendment or modification of this
Agreement. However, such amendment or modification shall not be binding, take effect or be
incorporated herein until made in writing and signed by the authorized representatives of the Department
and the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the
parties.
The Agreement performance period shall only be extended by (1) written notification of DHS/FEMA
approval of the Award performance period, followed up with a mutually agreed written amendment, or (2)
written notification from the Department to the Subrecipient to provide additional time for completion of
the Subrecipient’s project(s).
A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET
SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE “ADA” 28 CFR Part
35.
The Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunication.
A.5 ASSURANCES
The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance
with all the applicable current federal, state and local laws, rules, and regulations.
A.6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participating in this Agreement by any federal department or agency.
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The Subrecipient shall complete, sign, and return a Certification Regarding Debarment, Suspension,
Ineligibility, and Voluntary Exclusion form located at http://mil.wa.gov/emergency-management-
division/grants/requiredgrantforms. Any such form completed by the Subrecipient for this Agreement shall
be incorporated into this Agreement by reference.
Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal
debarment and suspension system, including 2 CFR Part 180. The Subrecipient certifies that it will ensure
that potential contractors or subrecipients or any of their principals are not debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in “covered
transactions” by any federal department or agency. “Covered transactions” include procurement
contracts for goods or services awarded under a non-procurement transaction (e.g., grant or cooperative
agreement) that are expected to equal or exceed $25,000, and subawards to subrecipients for any
amount. With respect to covered transactions, the Subrecipient may comply with this provision by
obtaining a certification statement from the potential contractor or subrecipient or by checking the System
for Award Management (https://sam.gov/SAM/) maintained by the federal government. The Subrecipient
also agrees not to enter into any arrangements or contracts with any party on the Washington State
Department of Labor and Industries’ “Debarred Contractor List”
(https://secure.lni.wa.gov/debarandstrike/ContractorDebarList.aspx). The Subrecipient also agrees not
to enter into any agreements or contracts for the purchase of goods and services with any party on the
Department of Enterprise Services’ “Debarred Vendor List”
(http://www.des.wa.gov/services/ContractingPurchasing/Business/Pages/Vendor-Debarment.aspx).
A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and
belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the
Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2)
that if any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard
Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; (3) and that, as
applicable, the Subrecipient will require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. This
certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into and is a prerequisite for making or entering into this transaction imposed by 31
U.S.C. 1352.
A.8 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES
The Subrecipient and all its contractors and subrecipients shall comply with, and the Department is not
responsible for determining compliance with, any and all applicable federal, state, and local laws,
regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited
to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended),
the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act
of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
(PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48
CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW
39.12), State Environmental Policy Act (RCW 43.21C), Shoreline Management Act of 1971 (RCW 90.58),
State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in
Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations.
In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order,
OMB Circular or policy by the Subrecipient, its contractors or subrecipients, the Department may rescind,
cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is
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responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to
comply with applicable laws, regulations, executive orders, OMB Circulars or policies.
A.9 CONFLICT OF INTEREST
No officer or employee of the Department; no member, officer, or employee of the Subrecipient or its
designees or agents; no member of the governing body of the jurisdiction in which the project is
undertaken or located; and no other official of the Subrecipient who exercises any functions or
responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary
gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be
performed in connection with the project assisted under this Agreement.
The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a
provision prohibiting such interest pursuant to this provision.
A.10 CONTRACTING & PROCUREMENT
a. The Subrecipient shall use a competitive procurement process in the procurement and award of
any contracts with contractors or subcontractors that are entered into under the original
agreement award. The procurement process followed shall be in accordance with 2 CFR Part
200.318, General procurement standards, through 200.327, Contract provisions.
As required by Appendix II to 2 CFR Part 200, all contracts entered into by the Subrecipient under
this Agreement must include the following provisions, as applicable:
1) Contracts for more than the simplified acquisition threshold currently set at $250,000, which
is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and
the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908,
must address administrative, contractual, or legal remedies in instances where contractors
violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
2) All contracts in excess of $10,000 must address termination for cause and for convenience
by the non-federal entity including the manner by which it will be affected and the basis for
settlement.
3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part
60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319,
12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,
“Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and
implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor.”
4) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non-federal
entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-
3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part
5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction”). In accordance with the statute, contractors must be required to pay
wages to laborers and mechanics at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor. In addition, contractors must be
required to pay wages not less than once a week. The non-federal entity must place a copy
of the current prevailing wage determination issued by the Department of Labor in each
solicitation. The decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The non-federal entity must report all suspected or
reported violations to the federal awarding agency. The contracts must also include a
provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States”). The Act provides that each contractor or Subrecipient must
be prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he or
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she is otherwise entitled. The non-federal entity must report all suspected or reported
violations to the federal awarding agency.
5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable,
all contracts awarded by the non-federal entity in excess of $100,000 that involve the
employment of mechanics or laborers must include a provision for compliance with 40 U.S.C.
3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under
40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of
the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or transmission of intelligence.
6) Rights to Inventions Made Under a Contract or Agreement. If the federal award meets the
definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or Subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding
the substitution of parties, assignment or performance of experimental, developmental, or
research work under that “funding agreement,” the recipient or Subrecipient must comply
with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of
$150,000 must contain a provision that requires the non-federal award to agree to comply
with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42
U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251-1387). Violations must be reported to the federal awarding agency and the Regional
Office of the Environmental Protection Agency (EPA).
8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2
CFR 180.220) must not be made to parties listed on the government-wide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180
that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR
part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order 12549.
9) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above
that it will not and has not used federal appropriated funds to pay any person or organization
for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any federal contract, grant or any other award covered by 31
U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes
place in connection with obtaining any federal award. Such disclosures are forwarded from
tier to tier up to the non-federal award.
10) Procurement of recovered materials – As required by 2 CFR 200.323, a non-federal entity
that is a state agency or agency of a political subdivision of a state and its contractors must
comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include procuring only
items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part
247 that contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the item exceeds
$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded
$10,000; procuring solid waste management services in a manner that maximizes energy
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and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
11) Notice of federal awarding agency requirements and regulations pertaining to reporting.
12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in
data.
13) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller
General of the United States, or any of their duly authorized representatives to any books,
documents, papers, and records of the contractor which are directly pertinent to that specific
contract for the purpose of making audit, examination, excerpts, and transcriptions.
14) Retention of all required records for six years after the Subrecipient has made final payments
and all other pending matters are closed.
15) Mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94–163, 89 Stat. 871).
16) Pursuant to Executive Order 13858 “Strengthening Buy-American Preferences for
Infrastructure Projects,” and as appropriate and to the extent consistent with law, the non-
Federal entity should, to the greatest extent practicable under a Federal award, provide a
preference for the purchase, acquisition, or use of goods, products, or materials produced in
the United States, as required in 2 CFR Part 200.322, in every contract, subcontract,
purchase order, or sub-award that is chargeable against federal financial assistance awards.
17) Per 2 C.F.R. § 200.216, prohibitions regarding certain telecommunications and video
surveillance services or equipment are mandated by section 889 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-
232 (2018).
b. The Department reserves the right to review the Subrecipient’s procurement plans and
documents and require the Subrecipient to make changes to bring its plans and documents into
compliance with the requirements of 2 CFR Part 200.317 through 200.327. The Subrecipient
must ensure that its procurement process requires contractors and subcontractors to provide
adequate documentation with sufficient detail to support the costs of the project and to allow both
the Subrecipient and Department to make a determination on eligibility of project costs.
c. All contracting agreements entered into pursuant to this Agreement shall incorporate this
Agreement by reference.
A.11 DISCLOSURE
The use or disclosure by any party of any information concerning the Department for any purpose not
directly connected with the administration of the Department’s or the Subrecipient’s responsibilities with
respect to services provided under this Agreement is prohibited except by prior written consent of the
Department or as required to comply with the state Public Records Act, other law or court order.
A.12 DISPUTES
Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties
and it cannot be resolved through discussion and negotiation, either party may request a dispute
resolution board to resolve the dispute. A request for a dispute resolution board shall be in writing, state
the disputed issues, state the relative positions of the parties, and be sent to all parties. The board shall
consist of a representative appointed by the Department, a representative appointed by the Subrecipient,
and a third party mutually agreed upon by both parties. The determination of the dispute resolution board
shall be final and binding on the parties hereto. Each party shall bear the cost for its member of the
dispute resolution board and its attorney fees and costs and share equally the cost of the third board
member.
A.13 LEGAL RELATIONS
It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement
and gives no right to any other party. No joint venture or partnership is formed as a result of this
Agreement.
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To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold
harmless the Department, the state of Washington, and the United States Government and their
authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature
whatsoever by reason of the acts or omissions of the Subrecipient, its subcontractors, subrecipients,
assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever
arising out of or in connection with any acts or activities authorized by this Agreement.
To the extent allowed by law, the Subrecipient further agrees to defend the Department and the state of
Washington and their authorized agents and employees in any litigation; including payment of any costs
or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts
or activities authorized by this Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be caused by the
sole negligence of the Department; provided, that if the claims or damages are caused by or result from
the concurrent negligence of (1) the Department, and (2) the Subrecipient, its agents, or employees, this
indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subrecipient,
or the Subrecipient's agents or employees.
Insofar as the funding source, FEMA, is an agency of the Federal government, the following shall apply:
44 CFR 206.9 Non-liability. The Federal government shall not be liable for any claim based upon the
exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the
part of a federal agency or an employee of the Federal government in carrying out the provisions of the
Stafford Act.
A.14 LIMITATION OF AUTHORITY – AUTHORIZED SIGNATURE
The signatories to this Agreement represent that they have the authority to bind their respective
organizations to this Agreement. Only the Department’s Authorized Signature representative and the
Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally
designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or
waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of
any clause or condition of this Agreement is not effective or binding unless made in writing and signed
by both parties’ Authorized Signature representatives, except as provided for time extensions in Article
A.3.
Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have
signature authority to sign reimbursement requests, time extension requests, amendment and
modification requests, requests for changes to projects or work plans, and other requests, certifications
and documents authorized by or required under this Agreement.
A.15 LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Agreement and prior to normal completion or end date, the Department
may unilaterally reduce the work plan and budget or unilaterally terminate all or part of the Agreement as
a “Termination for Cause” without providing the Subrecipient an opportunity to cure. Alternatively, the
parties may renegotiate the terms of this Agreement under “Amendments and Modifications” to comply
with new funding limitations and conditions, although the Department has no obligation to do so.
A.16 NONASSIGNABILITY
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by
the Subrecipient.
A.17 NONDISCRIMINATION
During the performance of this agreement, the Subrecipient shall comply with all federal and state
nondiscrimination statutes and regulations. These requirements include, but are not limited to:
a. Nondiscrimination in Employment: The Subrecipient shall not discriminate against any employee or
applicant for employment because of race, color, sex, sexual orientation, religion, national origin,
creed, marital status, age, Vietnam era or disabled veteran status, or the presence of any sensory,
mental, or physical handicap. This requirement does not apply, however, to a religious corporation,
association, educational institution or society with respect to the employment of individuals of a
particular religion to perform work connected with the carrying on by such corporation, association,
educational institution or society of its activities.
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b. The Subrecipient shall take action to ensure that employees are employed and treated during
employment without discrimination because of their race, color, sex, sexual orientation religion,
national origin, creed, marital status, age, Vietnam era or disabled veteran status, or the presence of
any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the
following: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection for
training, including apprenticeships and volunteers.
A.18 NOTICES
The Subrecipient shall comply with all public notices or notices to individuals required by applicable local,
state and federal laws and regulations and shall maintain a record of this compliance.
A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/HEALTH ACT
(OSHA/WISHA)
The Subrecipient represents and warrants that its workplace does now or will meet all applicable federal
and state safety and health regulations that are in effect during the Subrecipient's performance under this
Agreement. To the extent allowed by law, the Subrecipient further agrees to indemnify and hold harmless
the Department and its employees and agents from all liability, damages and costs of any nature,
including, but not limited to, costs of suits and attorneys' fees assessed against the Department, as a
result of the failure of the Subrecipient to so comply.
A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The Department makes no claim to any capital facilities or real property improved or constructed with
funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership
interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and
responsibilities arising from the ownership and operation of the project and agrees to defend, indemnify,
and hold the Department, the state of Washington, and the United States government harmless from any
and all causes of action arising from the ownership and operation of the project.
A.21 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or to further the
election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue.
A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Agreement shall not be used in payment of any bonus or commission
for the purpose of obtaining approval of the application for such assistance or any other approval or
concurrence under this Agreement provided, however, that reasonable fees or bona fide technical
consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as project costs.
A.23 PUBLICITY
The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity
matters relating to this Agreement wherein the Department’s name is mentioned, or language used from
which the connection of the Department’s name may, in the Department’s judgment, be inferred or
implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the
prior written consent of the Department. The Subrecipient may copyright original work it develops in the
course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty-
free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize
others to use the work for government purposes.
Publication resulting from work performed under this Agreement shall include an acknowledgement of
FEMA’s financial support, by the Assistance Listings Number (formerly CFDA Number), and a statement
that the publication does not constitute an endorsement by FEMA or reflect FEMA’s views.
A.24 RECAPTURE PROVISION
In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable
federal, state, and local laws, regulations, and/or the provisions of the Agreement, the Department
reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right
of recapture shall exist for the life of the project following Agreement termination. Repayment by the
Subrecipient of funds under this recapture provision shall occur within 30 days of demand. In the event
the Department is required to institute legal proceedings to enforce the recapture provision, the
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Department shall be entitled to its costs and expenses thereof, including attorney fees from the
Subrecipient.
A.25 RECORDS
a. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all
other electronic or written records necessary to sufficiently and properly reflect the Subrecipient's
contracts, subawards, grant administration, and payments, including all direct and indirect
charges, and expenditures in the performance of this Agreement (the “records”).
b. The Subrecipient's records related to this Agreement and the projects funded may be inspected
and audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or
their designees, by the Comptroller General of the United States or its designees, or by other
state or federal officials authorized by law, for the purposes of determining compliance by the
Subrecipient with the terms of this Agreement and to determine the appropriate level of funding
to be paid under the Agreement.
c. The records shall be made available by the Subrecipient for such inspection and audit, together
with suitable space for such purpose, at any and all times during the Subrecipient's normal
working day.
d. The Subrecipient shall retain and allow access to all records related to this Agreement and the
funded project(s) for a period of at least six (6) years following final payment and closure of the
grant under this Agreement. Despite the minimum federal retention requirement of three (3) years,
the more stringent State requirement of six (6) years must be followed.
A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN
While the Department undertakes to assist the Subrecipient with the project/statement of work/work plan
(project) by providing federal award funds pursuant to this Agreement, the project itself remains the sole
responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or to
any third party, other than as is expressly set out in this Agreement.
The responsibility for the design, development, construction, implementation, operation and maintenance
of the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is
responsibility for any claim or suit of any nature by any third party related in any way to the project.
Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable federal,
state, and local permits and clearances are obtained, including, but not limited to, FEMA compliance with
the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species
Act, and all other environmental laws, regulations, and executive orders.
The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in equity, which may
be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to the
Department, or to any state or federal agency, or to any of their employees or agents, for any
performance, assistance, or any payment or indemnity, including, but not limited to, cost of defense
and/or attorneys’ fees, in connection with any claim or lawsuit brought by any third party related to any
design, development, construction, implementation, operation and/or maintenance of a project.
A.27 SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition under this Agreement or its application
to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions
of the Agreement, which can be given effect without the invalid provision. To this end, the terms and
conditions of this Agreement are declared severable.
A.28 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS)
The Subrecipient shall comply with and include the following audit requirements in any subawards.
Non-federal entities, as Subrecipients of a federal award, that expend $750,000 or more in one fiscal
year of federal funds from all sources, direct and indirect, are required to have a single or a program-
specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend
less than $750,000 a year in federal awards are exempt from federal audit requirements for that year,
except as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term “non-federal entity”
means a state, local government, Indian tribe, institution of higher education, or nonprofit organization
that carries out a federal award as a recipient or subrecipient.
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Subrecipients that are required to have an audit must ensure the audit is performed in accordance with
Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing
Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB
Compliance Supplement. The Subrecipient has the responsibility of notifying its auditor and requesting
an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor’s Office,
a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the
audit may be an allowable grant expenditure as authorized by 2 CFR Part 200.425.
The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement
and shall ensure that any subcontractors also maintain auditable records. The Subrecipient is responsible
for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any
unresolved management findings and disallowed or questioned costs shall be included with the audit
report. The Subrecipient must respond to Department requests for information or corrective action
concerning audit issues or findings within 30 days of the date of request. The Department reserves the
right to recover from the Subrecipient all disallowed costs resulting from the audit.
After the single audit has been completed, and if it includes any audit findings, the Subrecipient must
send a full copy of the audit and its Corrective Action Plan to the Department at the following address no
later than nine (9) months after the end of the Subrecipient’s fiscal year(s):
Contracts Office
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
OR
Contracts.Office@mil.wa.gov
The Department retains the sole discretion to determine whether a valid claim for an exemption from the
audit requirements of this provision has been established.
Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart F is a material
requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements
of 2 CFR Part 200 Subpart F, the Subrecipient’s failure to comply with said audit requirements may result
in one or more of the following actions in the Department’s sole discretion: a percentage of federal awards
being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding
or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and
submitted; or termination of the federal award.
A.29 SUBRECIPIENT NOT EMPLOYEE
The Subrecipient, and/or employees or agents performing under this Agreement, are not employees or
agents of the Department in any manner whatsoever. The Subrecipient will not be presented as nor
claim to be an officer or employee of the Department or of the State of Washington by reason hereof, nor
will the Subrecipient make any claim, demand, or application to or for any right, privilege or benefit
applicable to an officer or employee of the Department or of the State of Washington, including, but not
limited to, Workers’ Compensation coverage, unemployment insurance benefits, social security benefits,
retirement membership or credit, or privilege or benefit which would accrue to a civil service employee
under Chapter 41.06 RCW; OFM Reg. 4.3.1.1.8.
It is understood that if the Subrecipient is another state department, state agency, state university, state
college, state community college, state board, or state commission, that the officers and employees are
employed by the State of Washington in their own right.
If the Subrecipient is an individual currently employed by a Washington State agency, the Department
shall obtain proper approval from the employing agency or institution before entering into this contract.
A statement of "no conflict of interest" shall be submitted to the Department.
A.30 TAXES, FEES AND LICENSES
Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain
in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and
expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are
applicable to Agreement performance.
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A.31 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement by
providing written notice of such termination to the Department Key Personnel identified in the Agreement,
specifying the effective date thereof, at least thirty (30) days prior to such date.
Except as otherwise provided in this Agreement, the Department, in its sole discretion and in the best
interests of the state of Washington, may terminate this Agreement in whole or in part ten (10) business
days after emailing notice to the Subrecipient. Upon notice of termination for convenience, the
Department reserves the right to suspend all or part of the Agreement, withhold further payments, or
prohibit the Subrecipient from incurring additional obligations of funds. In the event of termination, the
Subrecipient shall be liable for all damages as authorized by law. The rights and remedies of the
Department provided for in this section shall not be exclusive and are in addition to any other rights and
remedies provided by law.
A.32 TERMINATION OR SUSPENSION FOR LOSS OF FUNDING
The Department may unilaterally terminate or suspend all or part of this Grant Agreement, or may reduce
its scope of work and budget, if there is a reduction in funds by the source of those funds, and if such
funds are the basis for this Grant Agreement. The Department will email the Subrecipient ten (10)
business days prior to termination.
A.33 TERMINATION OR SUSPENSION FOR CAUSE
In the event the Department, in its sole discretion, determines the Subrecipient has failed to fulfill in a
timely and proper manner its obligations under this Agreement, is in an unsound financial condition so
as to endanger performance hereunder, is in violation of any laws or regulations that render the
Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants,
agreements or stipulations of this Agreement, the Department has the right to immediately suspend or
terminate this Agreement in whole or in part.
The Department may notify the Subrecipient in writing of the need to take corrective action and provide
a period of time in which to cure. The Department is not required to allow the Subrecipient an opportunity
to cure if it is not feasible as determined solely within the Department’s discretion. Any time allowed for
cure shall not diminish or eliminate the Subrecipient’s liability for damages or otherwise affect any other
remedies available to the Department. If the Department allows the Subrecipient an opportunity to cure,
the Department shall notify the Subrecipient in writing of the need to take corrective action. If the
corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department,
or if such corrective action is deemed by the Department to be insufficient, the Agreement may be
terminated in whole or in part.
The Department reserves the right to suspend all or part of the Agreement, withhold further payments,
or prohibit the Subrecipient from incurring additional obligations of funds during investigation of the
alleged compliance breach, pending corrective action by the Subrecipient, if allowed, or pending a
decision by the Department to terminate the Agreement in whole or in part.
In the event of termination, the Subrecipient shall be liable for all damages as authorized by law, including,
but not limited to, any cost difference between the original Agreement and the replacement or cover
Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of
administering the competitive solicitation process, mailing, advertising and other associated staff time.
The rights and remedies of the Department provided for in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law.
If it is determined that the Subrecipient: (1) was not in default or material breach, or (2) failure to perform
was outside of the Subrecipient’s control, fault or negligence, the termination shall be deemed to be a
termination for convenience.
A.34 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the Department terminates this Agreement, the
Subrecipient shall follow any procedures specified in the termination notice. Upon termination of this
Agreement and in addition to any other rights provided in this Agreement, the Department may require
the Subrecipient to deliver to the Department any property specifically produced or acquired for the
performance of such part of this Agreement as has been terminated.
If the termination is for convenience, the Department shall pay to the Subrecipient as an agreed upon
price, if separately stated, for properly authorized and completed work and services rendered or goods
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delivered to and accepted by the Department prior to the effective date of Agreement termination, the
amount agreed upon by the Subrecipient and the Department for (i) completed work and services and/or
equipment or supplies provided for which no separate price is stated, (ii) partially completed work and
services and/or equipment or supplies provided which are accepted by the Department, (iii) other work,
services and/or equipment or supplies which are accepted by the Department, and (iv) the protection and
preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this
Agreement. If the termination is for cause, the Department shall determine the extent of the liability of the
Department. The Department shall have no other obligation to the Subrecipient for termination. The
Department may withhold from any amounts due the Subrecipient such sum as the Department
determines to be necessary to protect the Department against potential loss or liability.
The rights and remedies of the Department provided in this Agreement shall not be exclusive and are in
addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the Department in writing,
the Subrecipient shall:
a. Stop work under the Agreement on the date, and to the extent specified, in the notice;
b. Place no further orders or contracts for materials, services, supplies, equipment and/or facilities
in relation to this Agreement except as may be necessary for completion of such portion of the
work under the Agreement as is not terminated;
c. Assign to the Department, in the manner, at the times, and to the extent directed by the
Department, all of the rights, title, and interest of the Subrecipient under the orders and contracts
so terminated, in which case the Department has the right, at its discretion, to settle or pay any
or all claims arising out of the termination of such orders and contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of orders and
contracts, with the approval or ratification of the Department to the extent the Department may
require, which approval or ratification shall be final for all the purposes of this clause;
e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed
by the Department any property which, if the Agreement had been completed, would have been
required to be furnished to the Department;
f. Complete performance of such part of the work as shall not have been terminated by the
Department in compliance with all contractual requirements; and
g. Take such action as may be necessary, or as the Department may require, for the protection and
preservation of the property related to this Agreement which is in the possession of the
Subrecipient and in which the Department has or may acquire an interest.
A.35 MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES
In accordance with the legislative findings and policies set forth in Chapter 39.19 RCW, the State of
Washington encourages participation in all its contracts by MWBE firms certified by the Office of Minority
and Women’s Business Enterprises (OMWBE). To the extent possible, the Subrecipient will solicit and
encourage minority-owned and women-owned business enterprises who are certified by the OMWBE
under the state of Washington certification program to apply and compete for work under this contract.
Voluntary numerical MWBE participation goals have been established and are indicated herein: Minority
Business Enterprises: (MBE’s): 10% and Woman’s Business Enterprises (WBE’s): 6%.
A.36 VENUE
This Agreement shall be construed and enforced in accordance with, and the validity and performance
shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising
out of this Agreement shall be the Superior Court of Thurston County, Washington. The Subrecipient, by
execution of this Agreement, acknowledges the jurisdiction of the courts of the state of Washington.
A.37 WAIVERS
No conditions or provisions of this Agreement can be waived unless approved in advance by the
Department in writing. The Department's failure to insist upon strict performance of any provision of the
Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance
during such breach, shall not constitute a waiver of any right under this Agreement.
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Attachment C
23SLCGP Award Letter
EMW-2023-CY-00042
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Attachment D
WORK PLAN
FY 2023 State and Local Cybersecurity Grant Program
PROJECT #1 TITLE Implementation of Cloud Email Security Solution
PROJECT DESCRIPTION
Implement a Cloud Email Security solution that provides an additional layer of security for our email system, designed to
provide comprehensive protection against email-borne cyber threats such as spam, viruses, malware and phishing
attempts.
This implementation will be a net-new addition to our cybersecurity stack and will be completed with the assistance of a
third-party vendor. At a high level, the solution will be installed/connected (if SAAS), initial setup and configuration will
take place with the aid of the third party, then processes will be put in place to tune the rules as to avoid false positives.
The City has already budgeted $50k for this project in 2024 and would look to cover any additional costs (estimated at
up to $80k) with SLCGP grant funds.
GAP BEING ADDRESSED
The gap being addressed is the limited ability we currently have to monitor, scan, test and protect our environment
from SPAM, malware and phishing messages using the default M365 email security tools and settings available.
IMPACT
Email is the primary avenue of communication citywide and is the largest, most accessible attack surface for bad actors
with malicious intent. Putting this system in place provides a consistent increase in front-line protection for the
foreseeable future. Regarding funding, there will be yearly licensing, maintenance and support fees.
The addition of this technology will also allow for less resource time being spent on investigating and managing spam,
quarantined items, etc. and provide for an increase in time spent on other areas of security as priority dictates.
OUTCOME
An increase of protection for our end users and substantial decrease in cybersecurity risk due to less malicious email
reaching user's inboxes. This, in concert with current security awareness training, will greatly improve our likelihood of
avoiding a phishing or other scam that uses email as its primary ingress.
AGENDA ITEM #6. e)
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Attachment E
BUDGET
FY 2023 State and Local Cybersecurity Grant Program
City of Renton
AGREEMENT AMOUNT $30,000
PR
O
J
E
C
T
#
1
SOLUTION AREA
PLANNING ORGANIZATION EQUIPMENT TRAINING EXERCISE M&A TOTAL
Salaries & Benefits $0 $0 $0 $0 $0 $0
Supplies $0 $0 $0 $0 $0 $0
Travel/Per Diem $0 $0 $0 $0 $0 $0
Contractor/Consultant $0 $0 $0 $0 $0 $0
Passthrough $0 $0 $0 $0 $0
Other $0 $0 $30,000 $0 $0 $0 $30,000
Equipment $0 $0
SUBTOTAL $0 $0 $30,000 $0 $0 $0 $30,000
Indirect $0
TOTAL $0 $0 $30,000 $0 $0 $0 $30,000
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Attachment F
TIMELINE
FY 2023 State and Local Cybersecurity Grant Program
DATE TASK
December 1, 2023 Grant Agreement start date
NLT December 30, 2024 Complete NCSR
March 31, 2025 Grant Agreement end date
May 15, 2025 Submit Final Reimbursement Request and Closeout Report
October 1st annually Nationwide Cybersecurity Review (NCSR) opens for input
https://www.cisecurity.org/ms-isac/services/ncsr
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Attachment G
BUILD AMERICA, BUY AMERICA ACT SELF-CERTIFICATION
The Subrecipient’s contractors and subcontractors must sign and submit the following certification to the next
tier, with the Subrecipient forwarding to the Department Key Personnel for each bid or offer for an
infrastructure project that has not been waived by a BABAA waiver.
The undersigned certifies, to the best of their knowledge and belief, that:
The Build America, Buy America Act (BABAA) requires that no federal financial assistance for “infrastructure”
projects is provided “unless all of the iron, steel, manufactured products, and construction materials used in the
project are produced in the United States.” Section 70914 of Public Law No. 117-58, §§ 70901-52.
The undersigned certifies that for the Insert Project Name and Location that the iron, steel, manufactured
products, and construction materials used in this contract are in full compliance with the BABAA requirements
including:
1. All iron and steel used in the project are produced in the United States. This means all manufacturing
processes, from the initial melting stage through the application of coatings, occurred in the United States.
2. All manufactured products purchased with FEMA financial assistance must be produced in the United
States. For a manufactured product to be considered produced in the United States, the cost of the
components of the manufactured product that are mined, produced, or manufactured in the United States
is greater than 55% of the total cost of all components of the manufactured product, unless another
standard for determining the minimum amount of domestic content of the manufactured product has been
established under applicable law or regulation.
3. All construction materials are manufactured in the United States. This means that all manufacturing
processes for the construction material occurred in the United States.
“The [Contractor or Subcontractor], ______________________, certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition, the [Contractor or
Subcontractor] understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for
False Claims and Statements, apply to this certification and disclosure, if any.”
_______________________________________________________
Signature of [Contractor’s or Subcontractor’s] Authorized Official
Enter Name and Title
Name and Title of [Contractor’s or Subcontractor’s] Authorized Official
Date
AGENDA ITEM #6. e)
AB - 3743
City Council Regular Meeting - 03 Feb 2025
SUBJECT/TITLE: Final Acceptance and Release of Retainage Bond for Philip Arnold
Park Site Improvements, CAG-22-015
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Parks & Recreation Department
STAFF CONTACT: Betsy Severtsen, Capital Projects Manager
EXT.: 6611
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
The Parks and Recreation Department submits CAG-22-015, Philip Arnold Park Site Improvements for final
acceptance and release of a retainage bond. The project commenced on July 20, 2022, was completed on
December 8, 2023, and the work was accepted on June 28, 2024. The Contractor, Active Construction Inc. met
the terms of the contract for the park improvement project.
EXHIBITS:
A. Notice of Completion
B. Final Acceptance Letter
STAFF RECOMMENDATION:
Approve the Final Acceptance of the project and release of Retainage Bond for CAG-22-015, Philip Arnold Park
Site Improvements, upon receipt of approvals from the State of Washington.
AGENDA ITEM #6. f)
F215-038-000 Notice of Completion of Public Works Contract 05-2020
Notice of Completion of
Public Works Contract
Department Use Only
Assigned to Date Assigned
Date Form Version Revision Reason
Awarding Agency Information
Company Name UBI Number
Address City State Zip Code
Contact Name Phone Number Email Address
Prime Contractor Information
Company Name UBI Number
Address City State Zip Code
Contact Name Phone Number Email Address
Project Information
Project Name Contract Number Affidavit ID Number
Jobsite Address City State Zip Code
Date Awarded Date Work Commenced Date Work Completed Date Work Accepted
Is this a Federally Funded Transportation Project? Yes No If yes, attach the Contract Bond Statement
Have Subcontractors been used? Yes No If yes, complete Addendum A
Contract/Payment Bond Waived? Yes No Retainage Bond Waived? Yes No
Detailed Description of Work Completed
DOR Tax Information
Calculated Amount Liquidated Damages
Additions (+) Amount Disbursed
Reductions (-) Amount Retained
Sub-Total Other
Sales Tax Amount Sales Tax Rate
Total Total
Both totals must to be equal - If multiple sales tax rates, attach a list
Apprentice Utilization Information
Was apprentice utilization required? Yes No Engineer’s Estimate:
Utilization %: If utilization did not meet or exceed 15%, was a Good Faith Estimate approved? Yes No
Comments
The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract. No
payment shall be made from the retained funds until receipt of all release certificates and affidavits.
Complete and submit for by email to all three agencies below
Contract Release
(855) 545-8163, option # 4
ContractRelease@LNI.WA.GOV
Employment Security Department
Registration, Inquiry, Standards &
Coordination Unit
(360) 890-3499
publicworks@esd.wa.gov
01/27/2025
City of Renton 177-000-094
1055 S Grady Way Renton WA 98057
Betsy Severtsen 425-430-6611 bsevertsen@rentonwa.gov
Active Construction Inc.273 001 533
5110 River Road E.Tacoma WA 98443
Greg Gebhard 253 248-1408 gregg@activeconstruction.com
Philip Arnold Park Site Improvements CAG-22-015 1333968
720 Jones Ave S.Renton WA 98057
07/06/2022 07/20/2022 12/08/2023 06/28/2024
Construction of park improvements and related site work. Work includes earthwork, utility installation, picnic shelters,
Portland Loo Restroom, pathways including boardwalk and retaining walls, basketball court improvements, parking lot
improvements, lighting, park signage, concrete flatwork, site furnishings, landscape planting, and landscape irrigation.
$4,279,279.00
$530,076.98
$4,809,355.98
$485,907.19
$5,295,263.17
$5,295,263.17
varies %
$5,295,263.17
$3,909,822.26
See attached for multiple sales tax rates.
AGENDA ITEM #6. f)
Subcontractor's Name:UBI Number: (Required)Affidavit ID*
Addendum A: Please List all Subcontractors and Sub-tiers Below
This addendum can be submitted in other formats.
Provide known affidavits at this time. No L&I release will be granted until all affidavits are listed.
For tax assistance or to request this document in an alternate format, please call 1-800-647-7706. Teletype (TTY) users may use the
Washington Relay Service by calling 711.
REV 31 0020e Addendum (10/26/15)F215-038-000 05-2020
All Tree 604 205 243 1188801
Ascendent LLC 602 142 311 1244998
Caliber Concrete Construction Inc.601 156 625 1344881
Brundage Bone Concrete Pumping Inc.600 630 026 1284682
Gary Merlino Construction Company Inc.600 584 952 1283874
Cascade Sports/Tnns Crt Surfacing 604 346 174 1387971
Corliss Resources Inc.602 237 779 1326255
Delmar Concrete Cting & Crng LLC 603 490 906 1344778
Drain-Pro Inc.602 740 534 1342815
ECO Street Services, LLC.604 197 016 1374681
Hawk Mechanical Contrs Inc.601 728 226 1323531
Northline Surveying, Inc.604 206 249 1343447
Northwest Asphalt Inc.601 556 048 1250070
Mulier Construction LLC 603 391 521 1272501
Silverstreak Inc.600 432 781 1343300
Skyline Landscape LLC 603 018 209 1374577
West Coast Signal Inc.603 149 602 1342870
Zemek Construction Company LLC 603 071 429 1324368
Evergreen Concrete Cutting Inc.601 605 667 1308528
Gary Merlino Construction Company Inc.600 584 952 1224664
Versatile Drilling Contrs Inc.600 556 269 1215986
AGENDA ITEM #6. f)
1333968 1251742
273 001 533 ACTIVCI164JL 200,933-00
Sampson, Amanda 8/2/2024
Affidavit: 1333968 https://secure.lni.wa.gov/wagelookup/affidavit/1333968
1 of 15 1/27/2025, 2:46 PM
AGENDA ITEM #6. f)
Affidavit: 1333968 https://secure.lni.wa.gov/wagelookup/affidavit/1333968
2 of 15 1/27/2025, 2:46 PM
AGENDA ITEM #6. f)
6/8/2022 7/6/2022
Affidavit: 1333968 https://secure.lni.wa.gov/wagelookup/affidavit/1333968
3 of 15 1/27/2025, 2:46 PM
AGENDA ITEM #6. f)
273 001 533 ACTIVCI164JL
Affidavit: 1333968 https://secure.lni.wa.gov/wagelookup/affidavit/1333968
4 of 15 1/27/2025, 2:46 PM
AGENDA ITEM #6. f)
Affidavit: 1333968 https://secure.lni.wa.gov/wagelookup/affidavit/1333968
5 of 15 1/27/2025, 2:46 PM
AGENDA ITEM #6. f)
Affidavit: 1333968 https://secure.lni.wa.gov/wagelookup/affidavit/1333968
6 of 15 1/27/2025, 2:46 PM
AGENDA ITEM #6. f)
Affidavit: 1333968 https://secure.lni.wa.gov/wagelookup/affidavit/1333968
7 of 15 1/27/2025, 2:46 PM
AGENDA ITEM #6. f)
Affidavit: 1333968 https://secure.lni.wa.gov/wagelookup/affidavit/1333968
8 of 15 1/27/2025, 2:46 PM
AGENDA ITEM #6. f)
Affidavit: 1333968 https://secure.lni.wa.gov/wagelookup/affidavit/1333968
9 of 15 1/27/2025, 2:46 PM
AGENDA ITEM #6. f)
Affidavit: 1333968 https://secure.lni.wa.gov/wagelookup/affidavit/1333968
10 of 15 1/27/2025, 2:46 PM
AGENDA ITEM #6. f)
Affidavit: 1333968 https://secure.lni.wa.gov/wagelookup/affidavit/1333968
11 of 15 1/27/2025, 2:46 PM
AGENDA ITEM #6. f)
Affidavit: 1333968 https://secure.lni.wa.gov/wagelookup/affidavit/1333968
12 of 15 1/27/2025, 2:46 PM
AGENDA ITEM #6. f)
Affidavit: 1333968 https://secure.lni.wa.gov/wagelookup/affidavit/1333968
13 of 15 1/27/2025, 2:46 PM
AGENDA ITEM #6. f)
Other Trucks = Pick Up Truck to move equipment and supplies
Affidavit: 1333968 https://secure.lni.wa.gov/wagelookup/affidavit/1333968
14 of 15 1/27/2025, 2:46 PM
AGENDA ITEM #6. f)
Other Truck is categorized for pick up truck usage to move
supplies and employees on the job site.
Affidavit: 1333968 https://secure.lni.wa.gov/wagelookup/affidavit/1333968
15 of 15 1/27/2025, 2:46 PM
AGENDA ITEM #6. f)
1188801 1306286
604 205 243 ALLTRTL820BJ -1
Walker, Peter 2/23/2023
273 001 533 ACTIVCI164JL
Affidavit: 1188801 https://secure.lni.wa.gov/wagelookup/affidavit/1188801
1 of 3 1/27/2025, 2:45 PM
AGENDA ITEM #6. f)
Affidavit: 1188801 https://secure.lni.wa.gov/wagelookup/affidavit/1188801
2 of 3 1/27/2025, 2:45 PM
AGENDA ITEM #6. f)
6/8/2022 7/6/2022
273 001 533 ACTIVCI164JL
Affidavit: 1188801 https://secure.lni.wa.gov/wagelookup/affidavit/1188801
3 of 3 1/27/2025, 2:45 PM
AGENDA ITEM #6. f)
1215986 1272512
600 556 269 VERSADC158CH 493,953-00
Massingham, Teresa 6/8/2023
603 071 429 ZEMEKCC893BR
Affidavit: 1215986 https://secure.lni.wa.gov/wagelookup/affidavit/1215986
1 of 4 1/27/2025, 2:59 PM
AGENDA ITEM #6. f)
Affidavit: 1215986 https://secure.lni.wa.gov/wagelookup/affidavit/1215986
2 of 4 1/27/2025, 2:59 PM
AGENDA ITEM #6. f)
6/8/2022 7/6/2022
273 001 533 ACTIVCI164JL
Affidavit: 1215986 https://secure.lni.wa.gov/wagelookup/affidavit/1215986
3 of 4 1/27/2025, 2:59 PM
AGENDA ITEM #6. f)
Affidavit: 1215986 https://secure.lni.wa.gov/wagelookup/affidavit/1215986
4 of 4 1/27/2025, 2:59 PM
AGENDA ITEM #6. f)
1224664 1327248
600 584 952 GARYMCC150MW 700,271-00
Altaras, Rebecca 7/14/2023
603 071 429 ZEMEKCC893BR
Affidavit: 1224664 https://secure.lni.wa.gov/wagelookup/affidavit/1224664
1 of 4 1/27/2025, 2:59 PM
AGENDA ITEM #6. f)
Affidavit: 1224664 https://secure.lni.wa.gov/wagelookup/affidavit/1224664
2 of 4 1/27/2025, 2:59 PM
AGENDA ITEM #6. f)
6/8/2022 7/6/2022
273 001 533 ACTIVCI164JL
Affidavit: 1224664 https://secure.lni.wa.gov/wagelookup/affidavit/1224664
3 of 4 1/27/2025, 2:59 PM
AGENDA ITEM #6. f)
STONEWAY CONCRETE IS A MATERIAL SUPPLIER
Affidavit: 1224664 https://secure.lni.wa.gov/wagelookup/affidavit/1224664
4 of 4 1/27/2025, 2:59 PM
AGENDA ITEM #6. f)
1244998 1287959
602 142 311 ASCENL*996N9 019,236-00
Estes, Liki 9/26/2023
273 001 533 ACTIVCI164JL
Affidavit: 1244998 https://secure.lni.wa.gov/wagelookup/affidavit/1244998
1 of 5 1/27/2025, 2:47 PM
AGENDA ITEM #6. f)
Affidavit: 1244998 https://secure.lni.wa.gov/wagelookup/affidavit/1244998
2 of 5 1/27/2025, 2:47 PM
AGENDA ITEM #6. f)
6/8/2022 7/6/2022
273 001 533 ACTIVCI164JL
Affidavit: 1244998 https://secure.lni.wa.gov/wagelookup/affidavit/1244998
3 of 5 1/27/2025, 2:47 PM
AGENDA ITEM #6. f)
Affidavit: 1244998 https://secure.lni.wa.gov/wagelookup/affidavit/1244998
4 of 5 1/27/2025, 2:47 PM
AGENDA ITEM #6. f)
Affidavit: 1244998 https://secure.lni.wa.gov/wagelookup/affidavit/1244998
5 of 5 1/27/2025, 2:47 PM
AGENDA ITEM #6. f)
1250070 1269665
601 556 048 NORTHAI066MF 875,435-00
Reisz, Jill 10/12/2023
273 001 533 ACTIVCI164JL
Affidavit: 1250070 https://secure.lni.wa.gov/wagelookup/affidavit/1250070
1 of 4 1/27/2025, 2:54 PM
AGENDA ITEM #6. f)
Affidavit: 1250070 https://secure.lni.wa.gov/wagelookup/affidavit/1250070
2 of 4 1/27/2025, 2:54 PM
AGENDA ITEM #6. f)
6/8/2022 7/6/2022
273 001 533 ACTIVCI164JL
Affidavit: 1250070 https://secure.lni.wa.gov/wagelookup/affidavit/1250070
3 of 4 1/27/2025, 2:54 PM
AGENDA ITEM #6. f)
Affidavit: 1250070 https://secure.lni.wa.gov/wagelookup/affidavit/1250070
4 of 4 1/27/2025, 2:54 PM
AGENDA ITEM #6. f)
1272501 1269670
603 391 521 MULIECL864JQ 315,329-00
Accounting, Mulier 12/21/2023
601 556 048 NORTHAI066MF
Affidavit: 1272501 https://secure.lni.wa.gov/wagelookup/affidavit/1272501
1 of 5 1/27/2025, 2:55 PM
AGENDA ITEM #6. f)
Affidavit: 1272501 https://secure.lni.wa.gov/wagelookup/affidavit/1272501
2 of 5 1/27/2025, 2:55 PM
AGENDA ITEM #6. f)
6/8/2022 7/6/2022
273 001 533 ACTIVCI164JL
Affidavit: 1272501 https://secure.lni.wa.gov/wagelookup/affidavit/1272501
3 of 5 1/27/2025, 2:55 PM
AGENDA ITEM #6. f)
Affidavit: 1272501 https://secure.lni.wa.gov/wagelookup/affidavit/1272501
4 of 5 1/27/2025, 2:55 PM
AGENDA ITEM #6. f)
Affidavit: 1272501 https://secure.lni.wa.gov/wagelookup/affidavit/1272501
5 of 5 1/27/2025, 2:55 PM
AGENDA ITEM #6. f)
1283874 1322689
600 584 952 GARYMCC150MW 700,271-00
Altaras, Rebecca 2/2/2024
601 156 625 CALIBCC115CA
Affidavit: 1283874 https://secure.lni.wa.gov/wagelookup/affidavit/1283874
1 of 5 1/27/2025, 2:49 PM
AGENDA ITEM #6. f)
Affidavit: 1283874 https://secure.lni.wa.gov/wagelookup/affidavit/1283874
2 of 5 1/27/2025, 2:49 PM
AGENDA ITEM #6. f)
6/8/2022 7/6/2022
273 001 533 ACTIVCI164JL
Affidavit: 1283874 https://secure.lni.wa.gov/wagelookup/affidavit/1283874
3 of 5 1/27/2025, 2:49 PM
AGENDA ITEM #6. f)
Affidavit: 1283874 https://secure.lni.wa.gov/wagelookup/affidavit/1283874
4 of 5 1/27/2025, 2:49 PM
AGENDA ITEM #6. f)
STONEWAY CONCRETE IS A MATERIAL SUPPLIER
Affidavit: 1283874 https://secure.lni.wa.gov/wagelookup/affidavit/1283874
5 of 5 1/27/2025, 2:49 PM
AGENDA ITEM #6. f)
1284682 1333922
600 630 026 502,803-00
Flanagan, Annie 2/6/2024
601 156 625 CALIBCC115CA
Affidavit: 1284682 https://secure.lni.wa.gov/wagelookup/affidavit/1284682
1 of 4 1/27/2025, 2:48 PM
AGENDA ITEM #6. f)
Affidavit: 1284682 https://secure.lni.wa.gov/wagelookup/affidavit/1284682
2 of 4 1/27/2025, 2:48 PM
AGENDA ITEM #6. f)
6/8/2022 7/6/2022
273 001 533 ACTIVCI164JL
Affidavit: 1284682 https://secure.lni.wa.gov/wagelookup/affidavit/1284682
3 of 4 1/27/2025, 2:48 PM
AGENDA ITEM #6. f)
Caliber hired us
Affidavit: 1284682 https://secure.lni.wa.gov/wagelookup/affidavit/1284682
4 of 4 1/27/2025, 2:48 PM
AGENDA ITEM #6. f)
1308528 1407758
601 605 667 EVERGCC945CP 889,844-00
Wolfe, Jennifer 4/24/2024
603 071 429 ZEMEKCC893BR
Affidavit: 1308528 https://secure.lni.wa.gov/wagelookup/affidavit/1308528
1 of 4 1/27/2025, 2:58 PM
AGENDA ITEM #6. f)
Affidavit: 1308528 https://secure.lni.wa.gov/wagelookup/affidavit/1308528
2 of 4 1/27/2025, 2:58 PM
AGENDA ITEM #6. f)
6/8/2022 7/6/2022
273 001 533 ACTIVCI164JL
Affidavit: 1308528 https://secure.lni.wa.gov/wagelookup/affidavit/1308528
3 of 4 1/27/2025, 2:58 PM
AGENDA ITEM #6. f)
ACI 22-023
Balance due Invoice 399761 $4,992.00
Affidavit: 1308528 https://secure.lni.wa.gov/wagelookup/affidavit/1308528
4 of 4 1/27/2025, 2:58 PM
AGENDA ITEM #6. f)
1323531 1320858
601 728 226 HAWKMCI044PD 920,133-00
Boober, Becky 6/20/2024
273 001 533 ACTIVCI164JL
Affidavit: 1323531 https://secure.lni.wa.gov/wagelookup/affidavit/1323531
1 of 4 1/27/2025, 2:53 PM
AGENDA ITEM #6. f)
Affidavit: 1323531 https://secure.lni.wa.gov/wagelookup/affidavit/1323531
2 of 4 1/27/2025, 2:53 PM
AGENDA ITEM #6. f)
6/8/2022 7/6/2022
273 001 533 ACTIVCI164JL
Affidavit: 1323531 https://secure.lni.wa.gov/wagelookup/affidavit/1323531
3 of 4 1/27/2025, 2:53 PM
AGENDA ITEM #6. f)
Affidavit: 1323531 https://secure.lni.wa.gov/wagelookup/affidavit/1323531
4 of 4 1/27/2025, 2:53 PM
AGENDA ITEM #6. f)
1324368 1265459
603 071 429 ZEMEKCC893BR 195,907-01
Meade, Jeanne 6/24/2024
273 001 533 ACTIVCI164JL
Affidavit: 1324368 https://secure.lni.wa.gov/wagelookup/affidavit/1324368
1 of 8 1/27/2025, 2:57 PM
AGENDA ITEM #6. f)
Affidavit: 1324368 https://secure.lni.wa.gov/wagelookup/affidavit/1324368
2 of 8 1/27/2025, 2:57 PM
AGENDA ITEM #6. f)
6/8/2022 7/6/2022
273 001 533 ACTIVCI164JL
Affidavit: 1324368 https://secure.lni.wa.gov/wagelookup/affidavit/1324368
3 of 8 1/27/2025, 2:57 PM
AGENDA ITEM #6. f)
Affidavit: 1324368 https://secure.lni.wa.gov/wagelookup/affidavit/1324368
4 of 8 1/27/2025, 2:57 PM
AGENDA ITEM #6. f)
Affidavit: 1324368 https://secure.lni.wa.gov/wagelookup/affidavit/1324368
5 of 8 1/27/2025, 2:57 PM
AGENDA ITEM #6. f)
Affidavit: 1324368 https://secure.lni.wa.gov/wagelookup/affidavit/1324368
6 of 8 1/27/2025, 2:57 PM
AGENDA ITEM #6. f)
ACI22-023
Affidavit: 1324368 https://secure.lni.wa.gov/wagelookup/affidavit/1324368
7 of 8 1/27/2025, 2:57 PM
AGENDA ITEM #6. f)
Affidavit: 1324368 https://secure.lni.wa.gov/wagelookup/affidavit/1324368
8 of 8 1/27/2025, 2:57 PM
AGENDA ITEM #6. f)
1326255 1416788
602 237 779 CORLIRI880JZ 041,114-07
Keller, Nicole 7/1/2024
273 001 533 ACTIVCI164JL
Affidavit: 1326255 https://secure.lni.wa.gov/wagelookup/affidavit/1326255
1 of 4 1/27/2025, 2:50 PM
AGENDA ITEM #6. f)
Affidavit: 1326255 https://secure.lni.wa.gov/wagelookup/affidavit/1326255
2 of 4 1/27/2025, 2:50 PM
AGENDA ITEM #6. f)
6/8/2022 7/6/2022
273 001 533 ACTIVCI164JL
Affidavit: 1326255 https://secure.lni.wa.gov/wagelookup/affidavit/1326255
3 of 4 1/27/2025, 2:50 PM
AGENDA ITEM #6. f)
Affidavit: 1326255 https://secure.lni.wa.gov/wagelookup/affidavit/1326255
4 of 4 1/27/2025, 2:50 PM
AGENDA ITEM #6. f)
1342815 1264535
602 740 534 DRAINI*935NC 094,534-03
Ford, Sara 9/3/2024
273 001 533 ACTIVCI164JL
Affidavit: 1342815 https://secure.lni.wa.gov/wagelookup/affidavit/1342815
1 of 4 1/27/2025, 2:52 PM
AGENDA ITEM #6. f)
Affidavit: 1342815 https://secure.lni.wa.gov/wagelookup/affidavit/1342815
2 of 4 1/27/2025, 2:52 PM
AGENDA ITEM #6. f)
6/8/2022 7/6/2022
273 001 533 ACTIVCI164JL
Affidavit: 1342815 https://secure.lni.wa.gov/wagelookup/affidavit/1342815
3 of 4 1/27/2025, 2:52 PM
AGENDA ITEM #6. f)
Affidavit: 1342815 https://secure.lni.wa.gov/wagelookup/affidavit/1342815
4 of 4 1/27/2025, 2:52 PM
AGENDA ITEM #6. f)
1342870 1263015
603 149 602 WESTCCS8928G 223,621-00
Mogensen, Jon 9/4/2024
273 001 533 ACTIVCI164JL
Affidavit: 1342870 https://secure.lni.wa.gov/wagelookup/affidavit/1342870
1 of 7 1/27/2025, 2:57 PM
AGENDA ITEM #6. f)
Affidavit: 1342870 https://secure.lni.wa.gov/wagelookup/affidavit/1342870
2 of 7 1/27/2025, 2:57 PM
AGENDA ITEM #6. f)
6/8/2022 7/6/2022
273 001 533 ACTIVCI164JL
Affidavit: 1342870 https://secure.lni.wa.gov/wagelookup/affidavit/1342870
3 of 7 1/27/2025, 2:57 PM
AGENDA ITEM #6. f)
Affidavit: 1342870 https://secure.lni.wa.gov/wagelookup/affidavit/1342870
4 of 7 1/27/2025, 2:57 PM
AGENDA ITEM #6. f)
Affidavit: 1342870 https://secure.lni.wa.gov/wagelookup/affidavit/1342870
5 of 7 1/27/2025, 2:57 PM
AGENDA ITEM #6. f)
Affidavit: 1342870 https://secure.lni.wa.gov/wagelookup/affidavit/1342870
6 of 7 1/27/2025, 2:57 PM
AGENDA ITEM #6. f)
Laborer provides hand digging, unloading trucks of material,
providing pedestrian traffic control.
Affidavit: 1342870 https://secure.lni.wa.gov/wagelookup/affidavit/1342870
7 of 7 1/27/2025, 2:57 PM
AGENDA ITEM #6. f)
1343300 1278678
600 432 781 SILVEI*183NU 446,081-00
Correllus, Taylor 9/4/2024
273 001 533 ACTIVCI164JL
Affidavit: 1343300 https://secure.lni.wa.gov/wagelookup/affidavit/1343300
1 of 4 1/27/2025, 2:56 PM
AGENDA ITEM #6. f)
Affidavit: 1343300 https://secure.lni.wa.gov/wagelookup/affidavit/1343300
2 of 4 1/27/2025, 2:56 PM
AGENDA ITEM #6. f)
6/8/2022 7/6/2022
273 001 533 ACTIVCI164JL
Affidavit: 1343300 https://secure.lni.wa.gov/wagelookup/affidavit/1343300
3 of 4 1/27/2025, 2:56 PM
AGENDA ITEM #6. f)
Affidavit: 1343300 https://secure.lni.wa.gov/wagelookup/affidavit/1343300
4 of 4 1/27/2025, 2:56 PM
AGENDA ITEM #6. f)
1343447 1268676
604 206 249 697,464-00
Doak, Teri 9/5/2024
273 001 533 ACTIVCI164JL
Affidavit: 1343447 https://secure.lni.wa.gov/wagelookup/affidavit/1343447
1 of 4 1/27/2025, 2:54 PM
AGENDA ITEM #6. f)
Affidavit: 1343447 https://secure.lni.wa.gov/wagelookup/affidavit/1343447
2 of 4 1/27/2025, 2:54 PM
AGENDA ITEM #6. f)
6/8/2022 7/6/2022
273 001 533 ACTIVCI164JL
Affidavit: 1343447 https://secure.lni.wa.gov/wagelookup/affidavit/1343447
3 of 4 1/27/2025, 2:54 PM
AGENDA ITEM #6. f)
Affidavit: 1343447 https://secure.lni.wa.gov/wagelookup/affidavit/1343447
4 of 4 1/27/2025, 2:54 PM
AGENDA ITEM #6. f)
1344778 1266880
603 490 906 DELMACC851K7 527,261-00
romans, robin 9/10/2024
273 001 533 ACTIVCI164JL
Affidavit: 1344778 https://secure.lni.wa.gov/wagelookup/affidavit/1344778
1 of 4 1/27/2025, 2:51 PM
AGENDA ITEM #6. f)
Affidavit: 1344778 https://secure.lni.wa.gov/wagelookup/affidavit/1344778
2 of 4 1/27/2025, 2:51 PM
AGENDA ITEM #6. f)
6/8/2022 7/6/2022
273 001 533 ACTIVCI164JL
Affidavit: 1344778 https://secure.lni.wa.gov/wagelookup/affidavit/1344778
3 of 4 1/27/2025, 2:51 PM
AGENDA ITEM #6. f)
ACI # 22-023
Affidavit: 1344778 https://secure.lni.wa.gov/wagelookup/affidavit/1344778
4 of 4 1/27/2025, 2:51 PM
AGENDA ITEM #6. f)
1344881 1283881
601 156 625 CALIBCC115CA 395,106-00
Johonson, Sue 9/10/2024
273 001 533 ACTIVCI164JL
Affidavit: 1344881 https://secure.lni.wa.gov/wagelookup/affidavit/1344881
1 of 9 1/27/2025, 2:48 PM
AGENDA ITEM #6. f)
Affidavit: 1344881 https://secure.lni.wa.gov/wagelookup/affidavit/1344881
2 of 9 1/27/2025, 2:48 PM
AGENDA ITEM #6. f)
6/8/2022 7/6/2022
273 001 533 ACTIVCI164JL
Affidavit: 1344881 https://secure.lni.wa.gov/wagelookup/affidavit/1344881
3 of 9 1/27/2025, 2:48 PM
AGENDA ITEM #6. f)
Affidavit: 1344881 https://secure.lni.wa.gov/wagelookup/affidavit/1344881
4 of 9 1/27/2025, 2:48 PM
AGENDA ITEM #6. f)
Affidavit: 1344881 https://secure.lni.wa.gov/wagelookup/affidavit/1344881
5 of 9 1/27/2025, 2:48 PM
AGENDA ITEM #6. f)
Affidavit: 1344881 https://secure.lni.wa.gov/wagelookup/affidavit/1344881
6 of 9 1/27/2025, 2:48 PM
AGENDA ITEM #6. f)
Affidavit: 1344881 https://secure.lni.wa.gov/wagelookup/affidavit/1344881
7 of 9 1/27/2025, 2:48 PM
AGENDA ITEM #6. f)
Affidavit: 1344881 https://secure.lni.wa.gov/wagelookup/affidavit/1344881
8 of 9 1/27/2025, 2:48 PM
AGENDA ITEM #6. f)
Affidavit: 1344881 https://secure.lni.wa.gov/wagelookup/affidavit/1344881
9 of 9 1/27/2025, 2:48 PM
AGENDA ITEM #6. f)
1374577 1301301
603 018 209 SKYLILL904LS 203,020-00
Parish, Kelley 12/9/2024
273 001 533 ACTIVCI164JL
Affidavit: 1374577 https://secure.lni.wa.gov/wagelookup/affidavit/1374577
1 of 5 1/27/2025, 2:56 PM
AGENDA ITEM #6. f)
Affidavit: 1374577 https://secure.lni.wa.gov/wagelookup/affidavit/1374577
2 of 5 1/27/2025, 2:56 PM
AGENDA ITEM #6. f)
6/8/2022 7/6/2022
273 001 533 ACTIVCI164JL
Affidavit: 1374577 https://secure.lni.wa.gov/wagelookup/affidavit/1374577
3 of 5 1/27/2025, 2:56 PM
AGENDA ITEM #6. f)
Affidavit: 1374577 https://secure.lni.wa.gov/wagelookup/affidavit/1374577
4 of 5 1/27/2025, 2:56 PM
AGENDA ITEM #6. f)
We will be installing an irrigation system, not to exceed 36
inches in depth. We will be installing topsoil and bark,
using a conveyor truck (Power Equipment Operators) and
plants using various hand tools common to the trade. We will
not be installing any subsurface water collections systems.
Affidavit: 1374577 https://secure.lni.wa.gov/wagelookup/affidavit/1374577
5 of 5 1/27/2025, 2:56 PM
AGENDA ITEM #6. f)
1374681 1264830
604 197 016 ECOSTSS770JS 657,109-00
Hammon, Susan 12/9/2024
273 001 533 ACTIVCI164JL
Affidavit: 1374681 https://secure.lni.wa.gov/wagelookup/affidavit/1374681
1 of 3 1/27/2025, 2:52 PM
AGENDA ITEM #6. f)
Affidavit: 1374681 https://secure.lni.wa.gov/wagelookup/affidavit/1374681
2 of 3 1/27/2025, 2:52 PM
AGENDA ITEM #6. f)
6/8/2022 7/6/2022
273 001 533 ACTIVCI164JL
Affidavit: 1374681 https://secure.lni.wa.gov/wagelookup/affidavit/1374681
3 of 3 1/27/2025, 2:52 PM
AGENDA ITEM #6. f)
1387971 1355851
604 346 174 CASCASC812D6 266,160-01
Black, Jason 1/22/2025
273 001 533 ACTIVCI164JL
Affidavit: 1387971 https://secure.lni.wa.gov/wagelookup/affidavit/1387971
1 of 4 1/27/2025, 2:50 PM
AGENDA ITEM #6. f)
Affidavit: 1387971 https://secure.lni.wa.gov/wagelookup/affidavit/1387971
2 of 4 1/27/2025, 2:50 PM
AGENDA ITEM #6. f)
6/8/2022 7/6/2022
273 001 533 ACTIVCI164JL
Affidavit: 1387971 https://secure.lni.wa.gov/wagelookup/affidavit/1387971
3 of 4 1/27/2025, 2:50 PM
AGENDA ITEM #6. f)
both employees paid journey level rates
Affidavit: 1387971 https://secure.lni.wa.gov/wagelookup/affidavit/1387971
4 of 4 1/27/2025, 2:50 PM
AGENDA ITEM #6. f)
Philip Arnold Park Site Improvements Sales Tax Summary
• 10.1% sales tax: $477,551.90
• 10.3% sales tax: $8,355.29
• Total sales tax: $485,907.19
AGENDA ITEM #6. f)
July 3, 2024
Greg Gebhard
Active Construction Inc.
5110 River Road E.
Tacoma, WA 98443
RE: Final Acceptance of Philip Arnold Park Site Improvements Project; Renton, WA
CAG-22-015
Dear Mr. Gebhard:
The above referenced project has been reviewed and found to have reached Final Acceptance by the City of
Renton on June 28, 2024, at 12:01 am PDT. The items identified in the Final Completion Punch List of November
30, 2023, are found to be satisfactorily completed for conformance with the Contract Documents.
Please commence the preparation of the following documents, refer to General Conditions 6.9:
1. Final Pay Application
2. Affidavits that payrolls, bills for materials and equipment, and other indebtedness connected with the
Work, for which the Owner or Owner’s property might be responsible or encumbered have been paid
or otherwise satisfied.
3. Certificate evidencing that insurance required by the Contract Documents to remain in force after final
payment is currently in force after final payment is currently in effect and will not be canceled or
allowed to expire until at least 30 days’ prior written notice has been given to the Owner.
4. Consent of surety to final payment.
5. Certificate of Release of Liens.
6. Additional documentation as required by the City of Renton.
Upon receipt of the above documentation, we will proceed with Council approval for Final Acceptance and
Release of Bonds and the required release from state agencies for project completion. Thank you for your effort,
dedication, and commitment to the Philip Arnold Park renovation project. It has been a pleasure working with
AGENDA ITEM #6. f)
Greg Gebhard
Active Construction Inc.
Page 2 of 2
July 3, 2024
you and your team. If I may answer any questions or be of further assistance, as always, please do not hesitate
to reach out.
Respectfully,
Betsy Severtsen, RLA, ASLA
Capital Projects Coordinator
Parks Planning and Natural Resources Division
cc: Maryjane Van Cleave, Administrator, Parks & Recreation
Cailín Hunsaker, Director, Parks & Trails
Jesse Martin, Superintendent, Active Construction Inc.
Codey Ayres, Project Manager, Active Construction Inc.
Josh Grau, Project Engineer, Active Construction Inc.
Dean Koonts, Principal, HBB Landscape Architecture
AGENDA ITEM #6. f)
AB - 3734
City Council Regular Meeting - 03 Feb 2025
SUBJECT/TITLE: Supplement No. 3 to CAG-22-381 with KPG Psomas, Inc., for Rainier
Ave S Corridor Improvements - Phase 4
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Public Works Transportation Systems Division
STAFF CONTACT: Michelle Faltaous, Project Manager
EXT.: 7301
FISCAL IMPACT SUMMARY:
This contract supplement for additional construction engineering support and right-of-way services during
construction with KPG Psomas, Inc. totals $212,131. Staff is requesting a budget adjustment of $400,000 for
the project to cover this supplement and other construction services and right-of-way cost increases. The
funding for this request will come from transportation impact fees, fund 305. A portion of the costs associated
with the delays caused by the franchise utilities will be assessed the City and passed on to Lumen, Comcast,
and PSE.
SUMMARY OF ACTION:
This professional services agreement continues to provide the services of KPG Psomas, Inc. for construction
engineering services during construction of the project. The original construction contract was for 500 working
days, however due to delays in utility material delivery, changes in utility design, and the overall change in
depth of the joint utility trench, 154 working days have been added to the construction schedule. The change
in schedule impacts the consultants working on the project.
The consultant will continue to provide ongoing support by attending weekly construction meetings,
responding to requests for information, reviewing material submittals, revising plans and specifications, and
reviewing change orders as needed during construction. It will also include additional right of way services to
help extend the Temporary Construction Easements for the property owners along the corridor. New
appraisals and offers are needed for each extension.
EXHIBITS:
A. Supplement No. 3 to Agreement CAG-22-381
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute Supplement No. 3 to CAG-22-381 with KPG Psomas, Inc. for
$212,131 for Construction Engineering Services and approve a budget adjustment for $400,000 on the Rainier
Ave S Corridor Improvements - Phase 4 project.
AGENDA ITEM #6. g)
Supplemental Agreement
Number
Organization and Address
Phone:
Original Agreement Number
Project Number Execution Date Completion Date
Project Title New Maximum Amount Payable
Description of Work
The Local Agency of
desires to supplement the agreement entered in to with
and executed on and identified as Agreement No.
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
I
Section 1, SCOPE OF WORK, is hereby changed to read:
II
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days
for completion of the work to read:
III
Section V, PAYMENT, shall be amended as follows:
as set forth in the attached Exhibit A, and by this reference made a part of this supplement.
If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate
spaces below and return to this office for final action.
By: By:
Consultant Signature Approving Authority Signature
Date
DOT Form 140-063
Revised 09/2005
City of Renton
KPG Psomas Inc.
2/15/2023 CAG-22-381
See attached Exhibit A 'Scope of Work'
12/31/26
See attached Exhibit D 'Consultant Cost Computations' - Original Contract ($211,097)+Supplement 1
($48,875)+Supplement 2($98,150)+Supplement 3($212,131)=$570,253
CAG-22-381
KPG Psomas Inc.
3131 Elliott Ave Suite 400
Seattle, WA 98121
253-627-0720
2/15/23 12/31/26
Rainier Ave S Corridor Improvements-Phase 4: CE Support, Supplement 2 $358,122 (OC, S1, S2)+$212,131 (S3)=$570,253
Provide continued Project Management, Coordination, Administration, Construction Engineering Support,
Geotechnical/Structural Engineering Services, updates to plans/estimates as requested by the construction
management team, and design revision support for PSE, Lumen, and Comcast. Provide Right of Way
(ROW) services to extend Temporary Construction Easements on 26 parcels and obtain a WSDOT ROW
Certification.
KPG Psomas Inc., Jason Fritzler City of Renton
Jason Fritzler, Vice President
AGENDA ITEM #6. g)
EXHIBIT A
City of Renton Page 1 of 5 KPG Psomas Inc
Rainier Ave S – S 3rd St to NW 3rd Pl
Construction Engineering Support Services
Supplement 3 – Franchise Utility Design, CE Support, TCE Extensions December 2024
RAINIER AVENUE S – S 3RD ST TO NW 3RD PL
CONSTRUCTION ENGINEERING SUPPORT
SCOPE OF WORK
Supplement 3 – Extended Franchise Utility Design, Construction Support Services, and ROW
Services
AGENCY: CITY OF RENTON
CONSULTANT: KPG Psomas Inc
CONTRACT: CAG-15-089
PROJECT: RAINIER AVE S - S 3rd St to NW 3rd Pl
A. PROJECT DESCRIPTION
The City of Renton (“AGENCY”) continues infrastructure improvements to the Rainier Ave S
corridor with the Phase 4 improvements from S 3rd St to NW 3rd Pl, including infrastructure
improvements for enhanced transit mobility, traffic safety, and pedestrian safety. The goals of
Phase 4 are to enhance traffic flow, improve safety, eliminate sub-standard conditions, and
provide an enhanced pedestrian environment. Authorization to advertise for construction was
issued by WSDOT in August 2022, and the AGENCY awarded the construction contract to Pivetta
Brothers in December 2022. Construction activities started in March 2023 and are scheduled to
extend beyond the 500 Working Days outlined in the original construction agreement.
B. PURPOSE
The AGENCY has requested that KPG Psomas Inc. (“CONSULTANT”) perform continued Franchise
Utility Engineering/Design Support and Construction Engineering Support services throughout
the duration of the Rainier Ave S – S 3rd St to NW 3rd Pl Construction Project. PSE, Comcast, and
Lumen have requested additional design revisions, requiring changes to the Rainier Avenue Bid
Plans, Quantities, and Estimates, adding additional Working Days to the contract. These changes
include, but are not limited to:
1) Adding and Removing Utility Vaults
2) Modifying Vault Types, Size, and Locations
3) Revising the JUT Alignment from what is shown in the contract documents
The CONSULTANT will continue to track all design revision efforts by each Utility Company
requesting the revisions. These will include utility-specific design revisions and project design
elements impacted by their requested changes, such as Site Preparation, AGENCY Utility
Relocations and Adjustments, Landscaping, and Grading.
Additionally, the AGNECY has requested that the CONSULTANT facilitate the extensions of up to
26 TCEs, assist in the coordination with the WSDOT Local Agency Coordinator Right of Way (ROW)
Services Manager, and obtain ROW Certification for the Project. All ROW services performed for
AGENDA ITEM #6. g)
EXHIBIT A
City of Renton Page 2 of 5 KPG Psomas Inc
Rainier Ave S – S 3rd St to NW 3rd Pl
Construction Engineering Support Services
Supplement 3 – Franchise Utility Design, CE Support, TCE Extensions December 2024
this effort will be led by ProgramX (Sub Consultant), who will ensure that all ROW activities are
WSDOT and Uniform Act Compliant.
C. ASSUMPTIONS
All assumptions are listed below, at the beginning of each task.
D. DELIVERABLES
The end of each task listed below identifies all deliverables to be prepared and produced by the
CONSULTANT as part of this SCOPE.
E. SCOPE
TASK 1 – PROJECT MANAGEMENT
The following items are to be performed by the CONSULTANT, under this task.
Assumptions for Task 1:
·The anticipated duration of this Supplement is estimated at 12 months
·The budget shown in Exhibit D captures the twelve (12) months of project management,
meetings with the construction management team, utilities, and with the project team.
Provide project management of CONSULTANT services that include coordination with the
AGENCY, project team, construction management team, utility companies, and monthly
invoicing/progress reports. This effort will include the following elements:
1.1 Administration, Coordination and Supervision
·Supervision of CONSULTANT personnel and activities to ensure compliance with contract
scope and schedule and proper charging of time against the contract.
1.2 Invoicing
·Preparation of monthly invoices with progress reports that include the following:
Summary of budget, expenses to date, expenses for work period, for each task.
Summary of work accomplished for the work period.
Summary of outstanding issues to be resolved by the AGENCY.
Backup detail of all direct non-salary costs included in the invoice for the work period.
1.3 Meetings
·The CONSULTANT will attend meetings with AGENCY staff, the Construction Management
team, and Utilities beyond the meetings scoped in the original contract. Forty (40)
remaining meetings are estimated.
AGENDA ITEM #6. g)
EXHIBIT A
City of Renton Page 3 of 5 KPG Psomas Inc
Rainier Ave S – S 3rd St to NW 3rd Pl
Construction Engineering Support Services
Supplement 3 – Franchise Utility Design, CE Support, TCE Extensions December 2024
1.4 Quality Assurance/Quality Control (QA/QC) Reviews
·The CONSULTANT will provide internal quality assurance/quality control (QA/QC) reviews
of all deliverables prior to submittal to the AGENCY and Construction Management team.
DELIVERABLES:
Monthly invoices with progress reports (12 months) – Delivered to the AGENCY monthly.
TASK 2 – CONSTRUCTION ENGINEERING SUPPORT
The following items are to be performed by the CONSULTANT, under this task.
Assumptions for Task 2:
·AGENCY will maintain the ROM.
·AGENCY will lead and provide a Construction Manager and full-time Construction
Observation. Daily construction observation, construction management, and preparation
of construction documentation will be provided by the AGENCY.
·AGENCY and the Construction Management Team will develop Meeting Agenda’s and
Notes for the weekly construction meetings.
·The CONSULTANT will not direct the contractor orally or in written format except through
the AGENCY.
·As-Built plans will be maintained by the Construction Management team and the
Contractor.
·Record drawings are not included in this scope of work.
·Construction survey staking will be provided by the Contractor and the Construction
Management Team.
·The AGENCY and the Construction Management Team will maintain all construction
management documentation necessary for a WSDOT project management review.
The CONSULTANT will provide continued construction engineering support services during the
construction period, which is assumed to be twelve (12) months, as requested by the AGENCY.
2.1 The CONSULTANT will conduct up to six (6) site visits to conduct special field observations
as requested by the AGENCY. CONSULTANT will provide AGENCY with a written field
report regarding the visit, in the form of an email, within two working days of the site
visit/field observation. Special inspections will include inspection related to subgrade
preparation, signal and illumination equipment, structural elements (walls, foundations,
etc.), surface treatments, urban design features, irrigation, landscape, and plantings.
2.2 The CONSULTANT will assist the AGENCY in the preparation of written and oral responses
to forty (40) Contractor questions, Contractor RFI’s, and change order reviews.
2.3 The CONSULTANT will assist in reviewing up to twenty (20) shop drawings, RAM’s, and
samples requested by the AGENCY for compliance with the information required by the
AGENDA ITEM #6. g)
EXHIBIT A
City of Renton Page 4 of 5 KPG Psomas Inc
Rainier Ave S – S 3rd St to NW 3rd Pl
Construction Engineering Support Services
Supplement 3 – Franchise Utility Design, CE Support, TCE Extensions December 2024
contract documents. It is anticipated that many of the submittals will be reviewed by the
Construction Management Team and the CONSULTANT will assist with the review of
materials related to concrete pavement, walls, foundations, conveyance structures,
signals and illumination, surface treatments, urban design features, landscape and
plantings.
2.4 The CONSULTANT will provide engineering support and issue drafting updates and
design revisions.
2.5 The CONSULTANT will attend the preliminary walkthrough and assist in developing the
project punch list.
2.6 The CONSULTANT will provide up to surveying (2 Field Days Assumed) and ROW support
when requested by the AGENCY
DELIVERABLES:
On-site/virtual Construction Meetings.
Field Observations and Reports.
Responses to Requests for Information (RFI’s).
Shop Drawing Reviews.
Material Submittal Reviews (RAM’s).
Design Support.
Assistance with punch list items.
TASK 3 - Franchise Utility Engineering and Design Support services (Lumen)
TASK 4 - Franchise Utility Engineering and Design Support services (PSE)
TASK 5 - Franchise Utility Engineering and Design Support services (Comcast)
The following items are to be performed by the CONSULTANT, under these tasks.
Assumptions for Tasks 3, 4, and 5:
·All proposed Utility design changes will be reviewed and approved by the AGENCY before
the CONSULTANT begins work.
·All approved Utility design changes shall be identified on the Bid design plans, with the
reviewer’s initials from the Utility, and the date approved for construction.
·Plan revisions will be submitted to the project team in PDF format with revision clouds, a
description, and the revision date.
For Tasks 3, 4, and 5, the CONSULTANT will provide Franchise Utility Engineering and Design
Support services throughout the duration of the Utility re-design installation phase of the project.
Engineering and Design services shall include revisions to the Bid plans, quantities, and estimates,
assistance in change order development, and field visits related to the design changes requested
by the Utilities and approved by the agency. The fee amounts reflected in Exhibit D have a $1
placeholder for each task as the current amount of work is currently unknown.
AGENDA ITEM #6. g)
EXHIBIT A
City of Renton Page 5 of 5 KPG Psomas Inc
Rainier Ave S – S 3rd St to NW 3rd Pl
Construction Engineering Support Services
Supplement 3 – Franchise Utility Design, CE Support, TCE Extensions December 2024
DELIVERABLES:
Plan, Estimates, and Quantity Revisions – Delivered to the AGENCY in PDF format.
TASK 6 – Temporary Construction Easement (TCE) Extensions/WSDOT ROW Certification
(ProgramX)
The following items are to be performed by the CONSULTANT (ProgramX), under this task.
Assumptions for Task 6:
· Assumes twenty-six (26) Temporary Construction Easement extensions, no fee
acquisitions or other property interests.
· Appraisal Waiver (AOS) count of (26) may be subject to change as project research reveals
parcels over $35,000.
· Fee assumptions assume no design changes after the initial appraisal assignment.
· Hard costs for revised title reports, escrow, and recording fees are to be borne directly by
the AGENCY.
6.1 ProgramX will perform ROW services to extend the TCEs on the project, coordinate with
WSDOT’s Local Area Coordinator, provide full valuation services and negotiations, and
facilitate closings and property owner payments in accordance with the WSDOT ROW
Manual and LAG Manual. See Exhibit E for ProgramX’s Complete Scope and Fee.
DELIVERABLES:
See Exhibit E for ProgramX’s Deliverables
ADDITIONAL SERVICES
The AGENCY may require additional services from the CONSULTANT. The scope of these services
will be determined based on the unanticipated project needs or other considerations at the
AGENCY's sole discretion. This work may include items identified in the current task
authorizations as well as other items, which may include, but are not necessarily limited to the
following:
· Ribbon Cutting Ceremony Graphics/Marketing Support
· Record Drawing Services
· Supplemental CM Support Services (Inspection/Documentation Review)
These services will be authorized under a future contract supplement if necessary. When these
services are required, the CONSULTANT shall provide a detailed scope of work and an estimate
of costs. The CONSULTANT shall not proceed with the work until the AGENCY has authorized the
work and issued a notice to proceed.
AGENDA ITEM #6. g)
EXHIBIT D
PRIME CONSULTANT COST COMPUTATIONS
Project Name: Rainier Avenue S - Construction Engineering Support - Supplement 3
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$276.00 $240.00 $175.00 $148.00 $140.00 $263.00 $146.00 $148.00 Hours Totals
1.1 Administration, Coordination and Supervision (12 Months) 12 0 0 0 0 0 0 0 12 3,312.00$
1.2 Monthly invoicing 6 0 0 0 0 0 0 12 18 3,432.00$
1.3 Project Meetings (40 Meetings) 15 15 0 0 0 0 0 0 30 7,740.00$
1.4 QA/QC of Deliverables 6 0 12 0 0 0 0 0 18 3,756.00$
39 15 12 0 0 0 0 12 78 18,240.00$
2.1 Site Visits (6 Assumed) 3 3 0 0 0 0 0 0 6 162.00$
2.2 Contractor RFI's 10 0 40 0 0 0 0 9 59 11,092.00$
2.3 Review RAMs, Shop Drawings, and Samples 8 8 12 8 0 0 0 0 36 7,412.00$
2.4 CAD Drafting Assistance and Design Revisions 4 16 40 0 40 0 16 0 116 19,880.00$
2.5 Punch List Assistance 8 16 8 0 0 0 0 0 32 7,448.00$
2.6 Surveying and ROW Support 4 0 0 0 0 24 8 0 36 8,584.00$
37 43 100 8 40 24 24 9 285 54,578.00$
3.1 Plans, Estimates, and Quantity Revisions 0 0 0 0 0 0 0 0 0 1.00$
0 0 0 0 0 0 0 0 0 1.00$
4.1 Plans, Estimates, and Quantity Revisions 0 0 0 0 0 0 0 0 0 1.00$
0 0 0 0 0 0 0 0 0 1.00$
5.1 Plans, Estimates, and Quantity Revisions 0 0 0 0 0 0 0 0 0 1.00$
0 0 0 0 0 0 0 0 0 1.00$
6.1 See Exhibit E (ProgramX) 0 0 0 0 0 0 0 0 0 -$
0 0 0 0 0 0 0 0 0 -$
76 58 112 8 40 24 24 21 363 72,821.00$
Geotechnical and Structural Support 4,500.00$
ProgramX 134,810.00$
Subtotal 139,310.00$
Administrative Charge (5%) -$
139,310.00$
Mileage at current IRS rate -$
Reproduction Allowance -$
-$
212,131.00$
Task 6 - TCE Extensions and WSDOT ROW Certification
Task Total
Task 4 - Franchise Utility Engineering and Design Support services (PSE)
Task Total
Task 5 - Franchise Utility Engineering and Design Support services (Comcast)
Task Total
Labor Hour Estimate
Total Hours and Labor
Cost Computations by Task
Task 1 - Project Management
Task Total
Task 3 - Franchise Utility Engineering and Design Support Services (Lumen)
Client: City of Renton
Task
No.Task Description
Task Total
Date: December, 2024
Task 2 - Construction Engineering Support
Task Total
Total Estimated Budget
Total Labor Hours and Fee
Subconsultants
Total Subconsultant Expense
Reimbursable Direct Non-Salary Costs
Total Reimbursable Expense
City of Renton
Rainier Ave S - Construction Engineering Support - Supp 3 1 December, 2024
AGENDA ITEM #6. g)
August 12, 2024
KPG Psomas
3131 Elliott Avenue, Suite 400
Seattle, WA 98121
Subject: Acceptance FYE 2023 ICR – CPA Report
Dear Tracy Zucker:
We have accepted your firm’s FYE 2023 Indirect Cost Rate (ICR) of 174.17% of direct labor
based on the “Independent CPA Report” prepared by K Coe Isom, LLP. This rate will be applicable
for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be
subject to additional review if considered necessary by WSDOT. Your ICR must be updated on
an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms
and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with the firm is responsible for
determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 704-6397 or via email
consultantrates@wsdot.wa.gov.
Regards,
SCHATZIE HARVEY, CPA
Contract Services Manager
SH: kb
AGENDA ITEM #6. g)
R I G H T O F W A Y C O N S U L T A N T S
A C Q U I S I T I O N , R E L O C A T I O N A N D
P R O G R A M M A N A G E M E N T
2502 Jefferson Ave, Tacoma, WA 98402
503 747 9961
CONTACTS
www.pxrow.com
info@pxrow.com
December 18, 2024
To: Jason Fritzler, Psomas
Re: City of Renton: Rainier Ave Phase 4
Dear Mr. Fritzler,
It’s been a pleasure discussing this project with you and we look forward to partnering with your team in
delivering this critical project for the City of Renton. Based on the documents provided to our team by Psomas
and the City, this proposal is inclusive of (26) temporary construction easement extensions to accommodate
the continued construction needs of the project. This parcel count includes all acquisitions on the project,
save that of the City of Seattle parcel not requiring an extension at this time.
It is our understanding based on recent correspondence with WSDOT and the City’s delivery team that these
extensions constitute what WSDOT considers a “program reset” wherein a second, new WSDOT ROW
Certification will be required. As such, coordination with WSDOT’s Local Area Co ordinator, full valuation
services, negotiations, closings and facilitating property owner payments will be completed according to the
WSDOT ROW Manual and LAG Manual stipulations.
Outstanding assumptions for the program are based on the January 19, 2022 Acquisition Status Sheet
provided by the project’s delivery team. In it, there appears to be at least two parcels wherein the TCE
extensions may exceed $35,000. In these instances, our services and corresponding fee structure assume
WSDOT will allow a special dispensation for any valuations estimated between $35,000 and $50,000 to be
valued by way of Administrative Offer Summaries per 49 CFR §24.102(c)(2)(ii)(D) – Appraisal, wavier thereof.
If WSDOT declines, an adjustment to this scope and fee will be required to secure summary appraisal and
appraisal review reports from WSDOT-certified appraisers for any Temporary Construction Easement
extensions beyond $35,000. Barring this eventuality, no appraisals or appraisal review s are anticipated to
secure the easement extensions.
What follows is our scope and fee detail deriving from our total fee of $134,810 to secure all necessary
temporary construction easement extensions and WSDOT Certification. As always, please contact me
directly if you have questions, we are always open to working out scope and fee issues as they arise.
Sincerely,
Hutch Goodman
Principal/Senior Project Manager - ProgramX
EXHIBIT E AGENDA ITEM #6. g)
R I G H T O F W A Y C O N S U L T A N T S
A C Q U I S I T I O N , R E L O C A T I O N A N D
P R O G R A M M A N A G E M E N T
2502 Jefferson Ave, Tacoma, WA 98402
503 747 9961
CONTACTS
www.pxrow.com
info@pxrow.com
SCOPE OF SERVICES
Task 1.0 - Right of Way Program Management
• Provide biweekly written and verbal status updates to Project Team on all right of way activities.
• Ensure all right of way activities are WSDOT and Uniform Act Compliant.
• Lead all right of way staff efforts, including appraisal, title and other subconsultants.
• Strategize with City and design team on WSDOT and FHWA on right of way requirements and process issues.
Task 2.0 – Title Review/Documents Preparations
• Coordinate securing title report revisions, review reports for ownerships and vesting data.
• Prepare all offer packages, conveyance instruments, and all other required acquisition/relocation documentation.
• Perform QA/QC for all documentation drafted, coordinate City approval on all templates and submittals.
Task 3.0 – Valuation Services (via Administrative Offer Summaries)
• Coordinate all activity associated with valuation efforts, per WSDOT formats and specifications.
• Research and develop comparable property research, analyze data for project relevance and determinations.
• Perform field research in Temporary Construction Easement areas to determine program affects.
• Upon City approval as to Just Compensation, draft Determination of Just Compensation docs for City approval.
Task 4.0 – Negotiations, Administrative Justifications, Payment Facilitation
• Draft and facilitate approval of owner and tenant offer packages, per WSDOT/Uniform Act guidelines.
• Meet all affected property owners/tenants, in person where possible, negotiate settlements.
• Strategize and draft administrative justifications where negotiations exceed original Fair Market Value.
• Coordinate with City and property owners on mitigating design impacts and win-win negotiations scenarios.
Task 5.0 – WSDOT Certification/Project Closeout
• Coordinate early and often with WSDOT’s LAC on program details and Certification expectations.
• Facilitate design and ROW review meetings with WSDOT in securing ROW Certification.
• At close of project, provide QA/QC of all acquisition and relocation files and provide to City in approved formats.
ASSUMPTIONS
• Assumes (26) Temporary Construction Easement extensions, no fee acquisitions or other property interests.
• Appraisal Waiver (AOS) count of (26) may be subject to change as project research reveals parcels over $35K.
• Fee assumptions assume no design changes after initial appraisal assignment.
• Hard costs for revised title reports, escrow and recording fees to be born directly by City and not included herein.
EXHIBIT E AGENDA ITEM #6. g)
R I G H T O F W A Y C O N S U L T A N T S
A C Q U I S I T I O N , R E L O C A T I O N A N D
P R O G R A M M A N A G E M E N T
2502 Jefferson Ave, Tacoma, WA 98402
503 747 9961
CONTACTS
www.pxrow.com
info@pxrow.com
EXHIBIT E AGENDA ITEM #6. g)
R I G H T O F W A Y C O N S U L T A N T S
A C Q U I S I T I O N , R E L O C A T I O N A N D
P R O G R A M M A N A G E M E N T
2502 Jefferson Ave, Tacoma, WA 98402
503 747 9961
CONTACTS
www.pxrow.com
info@pxrow.com
Maryna Ya,
EXHIBIT E AGENDA ITEM #6. g)
1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
EXTENSION OF THE TEMPORARY FULL STREETE CLOSURE OF THE RENTON
AVENUE SOUTH BRIDGE OVER I-405.
WHEREAS, the Washington State Department of Transportation (WSDOT) is
constructing the I-405, Renton to Bellevue Widening and Express Toll Lanes (ETL) project; and
WHEREAS, this construction activity required a temporary street closure of the Renton
Avenue South Bridge (the “Bridge”) over I-405; and
WHEREAS, by Resolution 4514, the City Council previously authorized temporary
closure of the Bridge for a period of time not to exceed three hundred (300) days between the
dates of Monday, January 8, 2024 and Friday, February 28, 2025; and
WHEREAS, the project now requires an extension of the temporary street closure of
the Bridge over I-405 to allow the contractor, design team and WSDOT to resolve design issues;
and
WHEREAS, pursuant to the City Code section 9-9-3, such street closures require City
Council authorization by means of a resolution;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The City Council does hereby authorize an extension of the temporary closure
of the Renton Avenue South Bridge to Thursday, May 22, 2025 for the purpose of extending the
Bridge to accommodate widening of I-405 which will increase capacity of the I-405 freeway.
AGENDA ITEM # 8. a)
RESOLUTION NO. _______
2
SECTION II. Notice of the closure shall be posted and published as required by RMC 9-9-
2 and 9-9-3.
PASSED BY THE CITY COUNCIL the day of , 2025.
______________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of , 2025.
______________________________
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
RES- PW:25RES001:01/06/2025
AGENDA ITEM # 8. a)