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Final Agenda packet
CITY OF RENTON AGENDA - City Council Regular Meeting 7:00 PM - Monday, April 14, 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) National Public Safety Telecommunicators Week - April 13 - 16, 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 April 7, 2025. Council Concur b) AB - 3811 Public Works Airport recommends execution of a month-to-month lease with Bosair, LLC, in the annual amount of $34,320 plus leasehold excise tax, for a portion of the 800 Parcel at the Airport. Refer to Transportation (Aviation) Committee c) AB - 3800 Public Works Utility Systems Division recommends execution of Amendment No. 1 to CAG-24-023, contract with WSP USA Inc., in the amount of $349,657, for engineering services associated with the design of water quality treatment facilities along the corridor of the Lind Ave SW Storm System Improvement project. Refer to Utilities Committee d) AB - 3801 Public Works Utility Systems Division recommends execution of Change Order No. 1 to CAG-24-098, contractor R.L. Alia Company, in the amount of $270,425, for additional quantities and one new item for pavement restoration and trench backfill on the Burnett Ave S and Williams Ave S Storm System Improvement project. Refer to Utilities Committee 7. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a) Community Services Committee: 1) Appointment to the Renton Senior Advisory Committee; 2) Appointments to the Equity Commission b) Finance Committee: 1) Vouchers; 2) Compensate Evidence Technician at Step E, Salary Grade PN58; 3) Penny Lofts Addendum 2-25 LAG-21-001; 4) 4Culture Arts Sustained Support Program Grant; 5) Utility Bill Leak Adjustment Request for Dean Weidner Heritage Hills Apartments 005992-000; 6) Reorganization of the Finance Department; 7) Joint Funded 2025-2026 Human Services Agreement with Sound Generations Meals on Wheels Program; 8) Joint Funded 2025-2026 Human Services Agreement with King County Sexual Assault Resource Center; 9) 2020 Washington State Department of Health SNAP Incentive Agreement Amendment 7; 10) DOJ Equitable Sharing Agreement and Certification – Use of Funds to Purchase Equipment; 11)MOU with Seattle Police Department for Internet Crimes Against Children Task Force; 12) Interagency Agreement with the United States Department of Energy for Energy Efficiency & Conservation Block Grant Funds for 2025 c) Planning & Development Committee: Commercial Lease Program Evaluation 8. LEGISLATION 9. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 10. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA (Preceding Council Meeting) 5:45 p.m. - 7th Floor - Council Chambers/Videoconference Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 To view Council Meetings online, please visit rentonwa.gov/councilmeetings Armondo Pavone Mayor WHEREAS,emergencies can occur at any time that require poLice,fire,or emergency medical services;and WHEREAS,when an emergency occurs the prompt response of potice officers,firefighters and EMS providers is critical to the protection of life and preservation of property;and WHEREAS,the safety of our police officers,EMS providers,firefighters and specialty team members depend upon the quality of accuracy of information obtained from residents who call the Valley Com 911 emergency communication center;and WHEREAS,the City of Renton is served by Valley Communications Center 911,known as Valley Corn 911 and whose public-safety Telecornmunicators (PSTs)handle over 61 6,000 phone caLLs and over 472,000 dispatchable calls for service a year.Valley Corn 911 PSTs are highly trained professionaLs who work under a uniquely stressfuL environment.VaLley Corn 911 PSIs are First Responders,providing life-saving pre-arrivat instructions,triage, mediation,de-escatation and the calm presence on the phone and radio that is focused on both responder and public safety;and WHEREAS,under RCW 38.60.020 “Public safety telecommunicator means a first responder working in a primary public safety answering point,regardless of titte,who has successfully completed the training,certification,or recertification standards established in the state of Washington;and WHEREAS,this includes an employee of the state,a local public agency,or an independent governmental agency whose primary responsibility is to receive,process,transmit,or dispatch 911 emergency and non-emergency calls for law enforcement,fire,emergency medical,and other pubtic safety services by telephone,radio,or other communication devices and includes an individual who promoted from this position and supervises individuals who perform these functions;and NOW THEREFORE,I,Armondo Pavone,Mayor of the City of Renton,do hereby proclaim ApriL 13 16th 2025 to be National Public Safety Telecommunicators Week in the City of Renton,and I encourage aLL residents to join me in this special observance. IN WITNESS THEREOF,I have hereunto set my hand and caused the seat of the City of Renton to be affixed this 14t’dayofA (2025.- MayorArm ndo Pavone City of Renton,Washington PROCLAMATION Renton City Hall,7th Floor 1055 South Grady Way,Renton,WA 98057.rentonwa.gov AGENDA ITEM #3. a) Mayor’s Office Memorandum DATE: April 10, 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 • Please stop by to chat with Chief Administrative Officer Ed VanValey at the next What’s Brewing, Wednesday, April 16 at the Berliner Pub, 221 Main Avenue South, from 5:30-6:30 p.m. All ages are welcome. Check out the Facebook event for more details. • Save the date – Saturday, April 26 at 9 a.m! Join us at Highlands Park and Neighborhood Center (800 Edmonds Avenue NE) as we celebrate Arbor Earth Day with a volunteer day at the park. Dive into a fun day outdoors and help make a difference in our community. For more information and to register for this event visit www.rentonwa.gov/volunteer. • 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, April 14, 7:00am-4:00pm. Lane closure on east bound NE 3rd St from Monterey Dr NE to Jefferson Ave NE for asphalt repairs by City Street Maintenance. Flaggers will be used for traffic control as needed. Question may be directed to Public Works Maintenance Shop, 425-430-7400. Tuesday, April 15 through Wednesday, April 16. Lane closure on westbound NE 3rd St from Jefferson Ave NE to I-405 for asphalt repairs by City Street Maintenance. Flaggers will be used for traffic control as needed. Question may be directed to Public Works Maintenance Shop, 425-430-7400. Thursday, April 17, 7:00am-4:00pm. Lane closure on eastbound NE 4th St from Jefferson Ave NE to Monroe Ave NE for asphalt repairs by City Street Maintenance. Flaggers will be used for traffic control as needed. Question may be directed to Public Works Maintenance Shop, 425-430-7400. Monday, April 14 through Friday, April 18, 8:00am-3:00pm. Intermittent lane AGENDA ITEM #4. a) James Alberson, Jr., Council President Members of the Renton City Council Page 2 of 2 April 10, 2025 closure on S 7th St between Shattuck Ave S and Talbot Rd S for construction work. Traffic control plans were issued for all work and will be followed. Questions may be directed to City Transportation, 425-430-7423. Monday, April 14 through Friday, April 18, 8:00am-3:00pm. Intermittent lane closure on SW 43rd St between Talbot Rd S and SR 167 on ramp for utility installation. Traffic control plans were issued for all work and will be followed. Uniform police officers will be on site. Questions may be directed to Casey Grant, 206-532-4380. Monday, April 14 through Friday, April 18, 8:00am-3:00pm. Burnett Ave S will be closed to thru traffic from S 2nd St to Tobin Ave S. Approved traffic control plans were issued and will be followed, including a detour with flaggers on onsite to assist local traffic. Questions may be directed to Rob Blackburn, 206-379-1489. Monday, April 14 through Friday, April 18, 8:00am-3:00pm. Intermittent lane closure on Rainier Ave N between S 3rd St and NW 3rd Pl 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, April 14 through Friday, April 18, 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, April 14 through Friday, April 18, 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. Monday, April 14 through Friday, April 18, 8:00am-3:00pm. Intermittent lane closures on Williams Ave S and S Tobin St for construction work. Approved traffic control plans were issued for all work and will be followed. 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. AGENDA ITEM #4. a) April 7, 2025 REGULAR COUNCIL MEETING MINUTES CITY OF RENTON MINUTES - City Council Regular Meeting 7:00 PM - Monday, April 7, 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 (attended remotely) Councilmembers Absent: ADMINISTRATIVE STAFF PRESENT Armondo Pavone, Mayor Kristi Rowland, Deputy Chief Administrative Officer Cheryl Byer, Senior Assistant City Attorney Jason Seth, City Clerk David Topaz, Human Resources / Risk Management Administrator Maryjane Van Cleave, Parks & Recreation Department Administrator Jennifer Spencer, Recreation Director Young Yoon, IT Director Eric Perry, Government Affairs Manager Ian Gray, Urban Forestry & Natural Resources Manager Teresa Nishi, Volunteer Coordinator Chief Jon Schuldt, Police Department Administrator Commander Steve Morris, Police Department Attended Remotely: AGENDA ITEM #6. a) April 7, 2025 REGULAR COUNCIL MEETING MINUTES Ed VanValey, Chief Administrative Officer PROCLAMATIONS a) Arbor Day/Earth Day - April 26, 2025: A proclamation by Mayor Pavone was read declaring April 26, 2025, to be Arbor Day/Earth Day in the City of Renton and encouraging all residents to join in this special observance. Ian Gray, Urban Forestry & Natural Resources Manager, accepted the proclamation with appreciation. MOVED BY ALBERSON, SECONDED BY PÉREZ, COUNCIL APPROVE THE PROCLAMATION AS READ. CARRIED. b) National Volunteer Month - April 2025: A proclamation by Mayor Pavone was read declaring April 2025 as National Volunteer Month in the City of Renton and encouraging all residents to join in this special observance. Teresa Nishi, Volunteer Coordinator, and volunteers Troy Jaegar and Mark Ellen Kidd accepted the proclamation with appreciation. MOVED BY ALBERSON, SECONDED BY PÉREZ, COUNCIL APPROVE THE PROCLAMATION AS READ. 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 2025 and beyond. Items noted were: • Save the date! The Community Garage Sale, will be held Saturday, April 12 at the Renton Community Center (1715 Maple Valley Hwy) from 9 a.m.-1 p.m. This is a perfect opportunity to turn someone’s once-loved item into your new treasure! • Please stop by to chat with Chief Administrative Officer Ed VanValey at the next What’s Brewing, Wednesday, April 16 at the Berliner Pub, 221 Main Avenue South, from 5:30-6:30 p.m. All ages are welcome. Check out the Facebook event for more details. • Join us downtown and celebrate Erasmus’ historic landing in Renton Sunday, April 13, from 10 a.m.-5 p.m. Enjoy a business window decorating contest, live art demonstrations, a Gaming Den offering interactive tabletop games, Magic: The Gathering, and Dungeons and Dragons, along with tournaments for more advanced players, and much more. This annual event, sponsored by the Renton Municipal Arts Commission, will bring downtown alive with a variety of activities for every age. • Preventative street maintenance will continue to impact traffic and result in occasional street closures. AUDIENCE COMMENTS • Bailey Medillo, Seattle, urged Council to adopt a resolution that supports and protects young members of the LGBTQIAI+ community in Renton. • Adam Honne, Renton, also urged Council to pass a resolution that supports and protects the city's LGBTQIA+ community. AGENDA ITEM #6. a) April 7, 2025 REGULAR COUNCIL MEETING MINUTES • Amy Broska, Renton, expressed support for a resolution that supports and protects the city's LGBTQIA+ community. • Cliff Cawthon, Kent, voiced concern about the loss of protections for the LGBTQIA+ at the federal level and urged Council to pass a resolution to protect this community in Renton. • Mónica Mendoza-Cawthon, Kent, also urged Council to pass a resolution that supports and protects the LGBTQIA+ community in Renton. • Gordon Glasgow, unincorporated King County, spoke about his experiences working with the LGBTQIA+ community and urged Council to pass a resolution that supports and protects this community in Renton. • Winter Cashman, Renton, noted they are the founder of Renton Pride, and expressed support for a resolution that supports and protects the city's LGBTQIA+ community. • Jas Maisonet, Renton, spoke about recent violence perpetuated against members of the LGBTQIA+ community across the country, and urged Council to pass a resolution that supports and protects this community in Renton. • Lexi Dias, Renton, spoke about the ongoing changes to protections for the LGBTQIA+ communities at the federal level, and urged Council to pass a resolution that supports and protects this community in Renton. • Matt Hanbey, spoke about a lawsuit he and neighbors in the North Renton Neighborhood filed against the city regarding the Logan 6 development. He urged Council to review City Code and make changes beneficial to the residents in North Renton. • Meredith Farmer, Renton, thanked city staff and neighborhood volunteers who supported the March 29, 2025, Clean-Up Event in the North Renton Neighborhood. • Gabriel Jones, Renton, spoke in support of Council adopting a resolution that supports and protects the LGBTQIA+ community in Renton. • James Webster, Redmond, stated he is the founder of Pride Across the Bridge, and urged Council to pass a resolution that supports and protects the LGBTQIA+ community in Renton. • Sarah Becker, Renton, expressed opposition to the Logan 6 development and the Renton High School expansion project. She provided several alternative measures that should have happened to protect residents in the North Renton Neighborhood. • Madeline Goodwin, Renton, announced that as a queer person, she supports the effort to adopt a resolution that supports and protects the LGBTQIA+ community in Renton. • Alexis Tran, Renton, stated that she supports a resolution that supports and protects the LGBTQIA+ community, especially youth in this community, and urged Council to pass a resolution to this end. • Odessa Paule, Renton, also voiced support for a resolution that supports and protects members of the LGBTQIA+ community, especially youth in that community. CONSENT AGENDA AGENDA ITEM #6. a) April 7, 2025 REGULAR COUNCIL MEETING MINUTES 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 March 24, 2025. Council Concur. b) AB - 3806 Mayor Pavone recommended confirmation of the following appointments to the Equity Commission: Jayne Ahrens and Ali Cohen with terms expiring 12/31/2027; Daniel Helmer and Camila Lagow with terms expiring December 31, 2026; and Yanjie Lu with a term expiring December 31, 2025. Refer to Community Services Committee. c) AB - 3807 Mayor Pavone recommended confirmation of his reappointment of Manami Imaoka to the Equity Commission with a term expiring December 31, 2027. Council Concur. d) AB - 3797 Mayor Pavone recommended confirmation of his appointments of the following individuals to the Renton Airport Advisory Committee: 1) Sheila Humphries to the Highlands Neighborhood Alternate Position, with a term expiring May 7, 2028; and 2) Peter Kane to the Aircraft Owners and Pilots Association (AOPA) Alternate Position, with a term expiring May 7, 2028. Refer to Community Services Committee. e) AB - 3803 Community & Economic Development Department recommended execution of an agreement with 4Culture, to accept $44,000 in grant funds, for the purpose of creating opportunities for community members to connect with art experiences in Renton. Refer to Finance Committee. f) AB - 3795 Executive Services Department requested authorization to purchase 99 new modems from Anaconda Networks, in the amount of $114,530.91, for Police Department fleet modem upgrades. The new modems will increase internet speeds in police vehicles by 13-15 times and convert 4G modems to 5G-ready devices. Council Concur. g) AB - 3796 Finance Department recommended approving the Finance Department reorganization which adds one new position of Senior Tax & Licensing Auditor salary grade m21, Step C, and regrades the Financial Operations Manager to salary grade m36, Step D, converts one Senior Finance Analyst to Financial Operations Supervisor salary grade m27, Step C, and changes the department's reporting structure, effective May 5, 2025. Refer to Finance Committee. h) AB - 3786 Finance Department submitted a utility bill adjustment request from Heritage Hills Apartments, a multi-family property, and recommends an adjustment of $2,609.04 for exess water usage caused by a qualified water leak in accordance with RMC 8-5-23. Refer to Finance Committee. i) AB - 3799 Human Resources / Risk Management Department requested execution of the 2025-2027 Collective Bargaining Agreement with Local 2170, Washington State Council of County and City Employees AFSCME AFL-CIO; and direct staff to include the necessary budget adjustments and changes to the 2025 Salary Table in a future budget amendment ordinance to reflect collectively bargained changes. Council Concur. j) AB - 3788 Parks & Recreation Department recommended execution of the Joint Funded 2025- 2026 Human Services Agreement (Renton is the lead city working with the cities of Burien, Covington, Federal Way, SeaTac, and Tukwila) with Sound Generations, in the amount of $167,864, to support the agency's Meals on Wheels program. Renton's share for this contract is $30,000 over the two-year period. Refer to Finance Committee. AGENDA ITEM #6. a) April 7, 2025 REGULAR COUNCIL MEETING MINUTES k) AB - 3787 Parks & Recreation Department recommended execution of the Joint Funded 20205-2026 Human Services Agreement (Renton is the lead city working with the cities of Burien, Covington, Federal Way, SeaTac, and Tukwila) with King County Sexual Assault Resource Center in the amount of $144,758 to support their programs. Renton's share is $40,000 over the two-year period. Refer to Finance Committee. l) AB - 3789 Parks & Recreation Department recommended execution of Amendment No. 7 to the 2020 Washington State Department of Health Supplemental Nutrition Program (SNAP) Incentive Agreement, to accept an additional $25,000 in funding for the Renton Farmers Market for January 1, 2025 through February 28, 2026. Refer to Finance Committee. m) AB - 3798 Police Department requested authorization to use $50,000 from available Department of Justice (DOJ) Equitable Sharing Agreement and Certificate (ESAC) funds, to purchase 35 new law enforcement rifles from ProForce Law Enforcement in the amount of $63,555.36, to replace older models that have surpassed their life expectancy. The $13,555.36 remaining cost will be covered by the Police Department's budget. Refer to Finance Committee. n) AB - 3802 Police Department recommended approval of a Memorandum of Understanding (MOU) with the Seattle Police Department to accept up to $10,000 in grant funds to support the Renton Police Department's overtime, travel/training, equipment, and software necessary to conduct Internet Crimes Against Children (ICAC) Task Force investigations. Refer to Finance Committee. o) AB - 3804 Public Works Administration recommended execution of an agreement with the U.S. Department of Energy to accept $157,700 in non-matching grant funds to implement a plan to transition maintenance equipment from gas-powered to battery electric-powered. Refer to Finance Committee. p) AB - 3805 Public Works Airport recommended execution of Amendment No. 2 to CAG-23-128, contractor Century West Engineering in the amount of $250,796 for final design and bidding services associated with the Taxiway Alpha Rehabilitation project. Refer to Transportation (Aviation) Committee. MOVED BY ALBERSON, SECONDED BY PÉREZ, COUNCIL ADOPT 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) Committee of the Whole: Chair Alberson presented a report recommending concurrence in the staff recommendation to adopt a resolution which adopts the City of Renton Disaster Recovery Framework. MOVED BY ALBERSON, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. b) Transportation Committee: Chair McIrvin presented a report recommending concurrence in the staff recommendation to authorize the Mayor and City Clerk to execute Supplement No. 4 to CAG-20-083 with KPG Psomas, Inc., in the amount of $345,203 for the SW 43rd St Improvement project. AGENDA ITEM #6. a) April 7, 2025 REGULAR COUNCIL MEETING MINUTES MOVED BY MCIRVIN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. c) Utilities Committee: Chair Vǎn presented a report recommending concurrence in the staff recommendation to approve and adopt the resolution authorizing the appointment of Renton's representative and alternate representatives to the Metropolitan Water Pollution Abatement Advisory Committee (MWPAAC). MOVED BY VǍN, SECONDED BY RIVERA, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. d) Utilities Committee: Chair Vǎn presented a report recommending concurrence in the staff recommendation to enter into a Professional Services Agreement with HDR Engineering, Inc., for a Reclaimed Water Feasibility Study with a maximum amount of $199,395. MOVED BY VǍN, SECONDED BY RIVERA, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. LEGISLATION Resolutions: a) Resolution No. 4550: A Resolution of the City of Renton, Washington, adopting the City of Renton Disaster Recovery Framework. MOVED BY ALBERSON, SECONDED BY PÉREZ, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. b) Resolution No. 4551: A Resolution of the City of Renton, Washington, Authorizing the appointment of Renton’s Representative and Alternate Representatives to the Metropolitan Water Pollution Abatement Advisory Committee (MWPAAC). MOVED BY VǍN, SECONDED BY RIVERA, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. c) Resolution No. 4552: A resolution of the City of Renton, Washington, authorizing the Mayor and City Clerk to enter into an Interlocal Agreement with King County and East King County Jurisdictions for the purpose of supporting multi-jurisdictional planning and coordinated transportation planning regarding regional transportation entitled "Eastside Transportation Partnership Agreement." MOVED BY MCIRVIN, SECONDED BY PÉREZ, COUNCIL ADOPT THE RESOLUTION AS READ. 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: 8:10 PM AGENDA ITEM #6. a) April 7, 2025 REGULAR COUNCIL MEETING MINUTES Jason A. Seth, MMC, City Clerk Jason Seth, Recorder 07 Apr 2025 AGENDA ITEM #6. a) Council Committee Meeting Calendar April 7, 2025 April 14, 2025 Monday 2:30 p.m. Community Services Committee, Chair O’Halloran Location: Council Conference Room/Videoconference 1. Appointment to the Renton Senior Advisory Committee 2. Appointments to the Equity Commission 3. Emerging Issues a. Human Services Presentation Preview 3:15 p.m. Finance Committee, Chair Pérez Location: Council Conference Room/Videoconference 1. Compensate Evidence Technician at Step E, Salary Grade PN58 2. Penny Lofts Addendum 2-25 LAG-21-001 3. 4Culture Arts Sustained Support Program Grant 4. Utility Bill Leak Adjustment Request for Dean Weidner Heritage Hills Apartments 005992-000 5. Reorganization of the Finance Department 6. Joint Funded 2025-2026 Human Services Agreement with Sound Generations Meals on Wheels Program 7. Joint Funded 2025-2026 Human Services Agreement with King County Sexual Assault Resource Center 8. 2020 Washington State Department of Health SNAP Incentive Agreement Amendment 7 9. DOJ Equitable Sharing Agreement and Certification – Use of Funds to Purchase Equipment 10. MOU with Seattle Police Department for Internet Crimes Against Children Task Force 11. Interagency Agreement with the United States Department of Energy for Energy Efficiency & Conservation Block Grant Funds for 2025 12. Vouchers 13. Emerging Issues a. Council Travel and Expense Reimbursement Policy 4:45 p.m. Planning and Development Committee, Chair Prince Location: Council Conference Room/Videoconference 1. Commercial Lease Program Evaluation 5:45 p.m. Committee of the Whole, Chair Alberson Location: Council Chambers 1. Renton River Days and Summer Events Preview 7:00 p.m. Council Meeting Location: Council Chambers/Videoconference AGENDA ITEM #6. a) AB - 3811 City Council Regular Meeting - 14 Apr 2025 SUBJECT/TITLE: Lease Agreement with Bosair, LLC RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee DEPARTMENT: Public Works Airport STAFF CONTACT: Joey Root, Business Coordinator EXT.: x7478 FISCAL IMPACT SUMMARY: The City of Renton will receive lease revenue on an annual basis of $34,320 plus leasehold excise tax. SUMMARY OF ACTION: The City of Renton and Bosair, LLC entered into a lease agreement LAG-12-004 on October 1, 2012, for the ground lease of 289 E Perimeter Road. 400 Airport Way was added to the lease via Amendment 5-21 on June 22, 2021. Bosair, LLC has recently purchased fuel tanks from the former tenant at 800 W Perimeter Road on the Renton Airport. The tanks are affixed to the containment area on a portion of the 800 Parcel. Bosair, LLC has indicated they would like to commence fuel operations on the 800 Parcel until a new fuel farm can be constructed at or near the 289 Parcel. Bosair, LLC would like to use 20,800 square foot area of the 800 W Perimeter Road site for fuel operations and fuel truck parking. Use of the existing building, southwest parking lot, or any other area of the 800 Parcel is prohibited. The City of Renton intends to initiate a Request for Proposal (RFP) for the 800 Parcel demolition and development in the near future, and Bosair, LLC will vacate the Parcel once a proposal has been approved by the City Council. The City of Renton and Bosair, LLC have agreed to a month-to-month lease for a portion of the 800 Parcel until the new fuel farm is constructed or an RFP is awarded, whichever comes first. EXHIBITS: A. Lease Agreement with Bosair, LLC B. Map View of 800 Parcel STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the month-to-month Lease with Bosair, LLC. AGENDA ITEM #6. b) LAG LEASEAGREEMENT City of Renton to Bosair,LLC(Parcel 800) THIS LEASE(hereinafter ”Lease”)is made and entered into this _day of ,2025, by and between THE CITY OF RENTON,a Washington municipal corporation (hereinafter "Landlord"or the ”City"),and BOSAIR,LLC,a Washington limited liability corporation (hereinafter ”Tenant”). WHEREAS,Tenant is currently leasing two parcels from the City,which are identified as 289 E Perimeter Road and 400 Airport Way (the ”289 Parcel"and the ”400 Parcel,"respectively) at the Renton Municipal Airport (the ”Airport”)pursuant to that certain ground lease known as LAG-12-004;and WHEREAS,Tenant has entered an agreement to purchase fuel storage tanks from the previous tenant at 800 W Perimeter Road (the ”800 Parcel”)on January 20,2025;and WHEREAS,The fuel storage tanks are affixed to the containment area located on the 800 Parcel;and WHEREAS,Tenant intends to commence fuel operations on a portion of the 800 Parcel until a new Fuel Farm can be constructed at or near the 289 Parcel,at which time the tanks and components will be transferred from the 800 Parcel to the 289 Parcel;and WHEREAS,Use of the building,the southwest parking lot or any other area of 800 Parcel outside the 20,800 sq.ft.area depicted in Exhibit A is prohibited;and WHEREAS,Tenant is authorized to use the 20,800 sq.ft.area of the 800 Parcel for fuel trucks and fuel operations;and WHEREAS,The City intends to initiate a Request for Proposal (RFP)on the 800 Parcel for demolition and development in the near future,and WHEREAS,Tenant hereby agrees to vacate the 800 Parcel,upon sufficient notice,once a proposal has been approved by the City Council; NOW,THEREFORE,IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN CONTAINED AND FOR OTHER GOOD AND VALUABLECONSIDERATION,THE RECEIPTAND SUFFICIENCYOF WHICH IS HEREBYACKNOWLEDGED,LANDLORDAND TENANTAGREE AS FOLLOWS: LEASEAGREEMENT City of Renton to Bosair,LLC(Parcel 800) AGENDA ITEM #6. b) Common Areas: Sgeci?c Conditions: 1.GRANT OF LEASE: 1.a.Documents of Lease:The following document constitutes this Lease,together with: Exhibit A -Lease Map and Legal Description Exhibit B -Aircraft Laws and Regulations,RCW 47.68.250:Public Highways and Transportation 1.b.Legal Description Landlord hereby leases to Tenant,and Tenant leases from Landlord for the term described in Section 3 below,a 20,800 sq.ft.portion of PARCEL800,on 800 West Perimeter Road Renton Washington,except for Tenant shall not enter any buildings and structures thereon,and shall not make use of the Southwest parking lot,and shall not use any other area of the 800 Parcel outside the 20,800 sq.ft.portion,which area is more fully described in this Lease,as shown on Exhibit ”A”(lease map and legal description),which is attached hereto and incorporated herein by this reference (hereinafter,"Premises"). 1.c.Tenant,and its Authorized Representatives,subtenants, assignees,and licensees,shall have the right to use,in common with others,on a non-exclusive basis and subject to the Airport Regulations and Minimum Standards (as they may be amended from time to time)pursuant to Section 8(e)below,the public portion of the Renton Municipal Airport (aka Clayton Scott Field,hereinafter referred to as ”Airport”),including the runway and other public facilities provided thereon. 1.c.(1).Notwithstanding anything in this Lease to the contrary,Landlord acknowledges that direct access to the taxiways and runway from the Premises is essential to the conduct of Tenant’s business on the Premises and,except during construction activities occurring on the taxiways,runway or weather related events,Landlord shall ensure that Tenant and its representatives,subtenants,assignees,agents,invitees,and licensees have direct access to the taxiways and runway at all times during the Term. 1.d.Temporary Lease:The Premises will only be leased to the Tenant on a temporary month-to-month basis until Landlord makes the Premises available through a public request for proposals in accordance with City policy.This Lease will be terminated to coincide with the eventual selection process,which date is not yet determined,and Tenant will be required to remove the fuel tank and components on or before the date of said termination. 2.CONDITIONS: 2.3.This Lease,and Tenant’s rights and permitted uses under this Lease are subject to the following: LEASEAGREEMENT City of Renton to Bosair,LLC(Parcel 800) AGENDA ITEM #6. b) No Conveyance of Airport Future DevelogmentzFunding LAG - 2.a.(1).The Airport Regulations and Minimum Standards pursuant to Section 8(e) of this lease agreement,including Landlord's standards concerning operation of public aviation service activities from the Airport;and 2.a.(2).All such non-discriminatory charges and fees for such use of the Airport as may be established from time to time by Landlord. 2.b.:This Lease shall in no way be deemed to be a conveyance ofthe Airport,and shall not be construed as providing any special privilege for any public portion of the Airport except as described herein.The Landlord reserves the absolute right to lease or permit the use of any portion of the Airport for any purpose deemed suitable for the Airport, except that portion that is leased hereby. 2.c.Nature of Lan lord's Interest:It is expressly understood and agreed that Landlord holds and operates the Airport and the Premises under and subject to a grant and conveyance thereofto Landlord from the United States of America,acting through its Reconstruction Finance Corporation,and subject to all the reservations,restrictions,rights,conditions,and exceptions of the United States therein and thereunder,which grant and conveyance has been filed for record in the office of the Recorder of King County,Washington,and recorded in Volume 2668 of Deeds,Page 386;and further that Landlord holds and operates said Airport and Premises under and subject to the State Aeronautics Acts ofthe State of Washington (chapter 165,laws of 1947),and any subsequent amendments thereof or subsequent legislation of said state and all rules and regulations lawfully promulgated under any act or legislation adopted by the State of Washington or by the United States or the Federal Aviation Administration.It is expressly agreed that the Tenant also accepts and will hold and use this Lease and the Premises subject thereto and to all contingencies,risks,and eventualities of or arising out of the foregoing,and if this Lease,its Term,or any conditions or provisions of this Lease are or become in conflict with or impaired or defeated by any such legislation,rules,regulations,contingencies or risks,the latter shall control and,if necessary,modify or supersede any provision of this Lease affected thereby, all without any liability on the part of,or recourse against,Landlord in favor of Tenant,provided that Landlord does not exceed its authority under the foregoing legislation,rules and regulations and provided further that,in the event that this Lease is modified or superseded by such legislation,rules,regulations,contingencies or risks,all compensation payable to the Landlord for a third party’s use of the improvements during the Term shall be paid to the Tenant,its successors or its assigns. 2.d.:Nothing contained in this Lease shall operate or be construed to prevent or hinder the future development,improvements,or operation of Airport by Landlord,its agents,successors or assigns,or any department or agency of the State of Washington or of the United States,or the consummation of any loan or grant of federal or state funds in aid of the development,improvement,or operation of the Renton Airport,but LEASEAGREEMENT City of Renton to Bosair,LLC(Parcel 800) AGENDA ITEM #6. b) htt :rentonwa.0v aronline a ments Monthly Rental —Land Comgonent Landlord’s exercise of such rights shall not unreasonably interfere with Tenant’s rights under this Lease. 2.e.Cleaning of Catch Basins nd Oil/Water Separators:At Tenant’s cost,Tenant shall routinely inspect,and clean and remove all sediment and other debris from,the catch basins and oil/waterseparators on the Premises.In doing so,Tenant shall comply with all applicable federal, state,and local laws and regulations.Tenant shall provide Landlord with documentation of inspection,cleaning,and removal. 3.TERM:The term ofthis Lease (the ”Term")as to the Premises shall be for a month- to-month term commencing on February 1,2025 (hereinafter ”Commencement Date”),and shall continue on a month-to-month basis until such time as one party gives the other written notice of termination,except that Landlord may terminate this lease upon not less than three days’ notice in the case of nonpayment of rent.Either party may,upon written notice to the other delivered at least thirty (30)days before the end of the calendar month,terminate this lease without cause at such effective date. 4.RENT/FEES/CHARGES: 4.a.Minimum Monthly Rent:Tenant shall pay to Landlord a Minimum Monthly Rent, PLUS Leasehold Excise Tax as described in this section,below,without deduction,offset,prior notice or demand,payable promptly in advance on the first day of each and every month.Al lsuchpaymentsshallbemadetotheCityofRenton,Attention:Fiscal Services,1055 South Grady Way,Renton,Washington 98057;or (2)By electronic payment using the payment portal available at .Automatic recurring payments can be set up through the payment portal.For portal questions or assistance,please email financeAR@rentonwa.gov or call (425)430-6897.The Minimum Monthly Rent,beginning on the Commencement Date,is computed as follows: 4.b.Rental Pavment Schedule -(20,800 square feet)($1.65 per square foot per year)=$34,320/yr,($34,320/12 months: $2,860 per month) Monthly Rental land Component,plus leasehold excise tax $2,860 Within thirty (30)days ofthe date of execution ofthis Lease,Tenant shall pay to Landlord a lump sum of the back payment Monthly Rate for the period beginning February 1,2025,and ending with the first day of the month AFTER this Lease is entered into,PLUS Leasehold Excise Tax. LEASEAGREEMENT City of Renton to Bosair,LLC(Parcel 800) AGENDA ITEM #6. b) tal Ad'ustment: nta Late Payment Charge: LAG - 4c.Periodic Ren The Minimum Monthly Rent shall be subject to automatic adjustment on February 1 of each year following the Commencement Date (each of which shall hereinafter be referred to as "Adjustment Date”)as follows: As used in this Section 4.b,”Index”means the Consumer Price Index for All Urban Consumers for Seattle-Tacoma-Bremerton All Items (1982-84=100)(CPI-U)published b ytheUnitedStatesDepartmentofLabor,Bureau of Labor Statistics;”Beginning Index" means the Index which is published on December preceding the Commencement Date; and ”Adjustment Index"means the Index which is published on December preceding each Adjustment Date. For the first Periodic Rent Adjustment,if the Adjustment Index has increased over the Beginning Index,the Minimum Monthly Rent payable for the following year (until the next Adjustment Date)shall be set by multiplying the Minimum Monthly Rent provided for in Section 4.a.of this Lease by a fraction,the numerator of which is the Adjustment Index and the denominator of which is the Beginning Index.The product shall be the ”Adjusted Monthly Rent.”In no event shall the Minimum Monthly Rent determined pursuant to this paragraph be less than the Minimum Monthly Rent set forth in Section 4.a.of this Lease. For the second and any subsequent Periodic Rent Adjustment,if the Adjustment Index is greater than the Adjustment Index one year prior,then the Minimum Monthly Rent payable for the following year (until the next Adjustment Date)shall be set by multiplying the then current Minimum Monthly Rent by a fraction,the numerator of which is the Adjustment Index and the denominator of which is the Adjustment Index from one year prior.The product shall be the ”Adjusted Monthly Rent."In no event shall the Minimum Monthly Rent determined pursuant to this paragraph be less than the then current Minimum Monthly Rent. 4.d.Periodic Re I Adiustment:The Minimum Monthly Rent may also be subject to periodic adjustment by means other than the Consumer Price Index.The Landlord shall give written notification to Tenant of any change in the rental amount at least thirty (30)days prior to the effective date of the Rental Adjustment. 4.e.If any Rent is not received by Landlord from Tenant by the tenth (10“)business day after such Rent is due,Tenant shall immediately pay to Landlord a late charge equal to five percent (5%)ofthe amount of such Rent.Should Tenant pay said late charge but fail to pay contemporaneously therewith all unpaid amounts of Rent,Landlord’s acceptance of this late charge shall not constitute a waiver of Tenant’s default with respect to Tenant’s nonpayment nor prevent Landlord from exercising all other rights and remedies available to Landlord under this Lease or under law.If any check received by Landlord from Tenant is returned unpaid for any reason,Landlord reserves the right to charge,and Tenant agrees to pay,an additional charge up to the maximum amount allowed by law.Landlord’s acceptance of this 5 LEASEAGREEMENT City of Renton to Bosair,LLC(Parcel 800) AGENDA ITEM #6. b) Other Fees 3 ,,ACCEPTAN Accegtance of Premises additional charge shall not constitute a waiver of Tenant’s default with respect to Tenant’s returned check nor prevent Landlord from exercising all other rights and remedies available to Landlord under this Lease or under law.Unpaid amounts of rent,late charges,or additional charges shall bear interest at the rate of twelve (12%)percent per annum until paid. 4.f.nd Charges:Tenant shall pay,in addition to the Monthly Rent and other charges identified in this Lease,all non-discriminatory fees and charges now in effect or hereafter levied or established by Landlord or charged against the Premises and against other similarly situated Tenants at the Airport by Landlord,or levied or established by,or against the Premises by any other governmental agency or authority,being or becoming levied or charged against the Premises,structures,business operations,or activities conducted by or use made by Tenant of,on,and from the Premises,including without limitation,Aircraft Rescue and Fir eFightingorservicesrenderedtotheTenantorthePremises. 5.LEASEHOLDEXCISETAX:Tenant shall pay to Landlord the leasehold excise tax as established by RCW Chapter 82.29A,as amended,or any replacement thereof,which tax shall be in addition to the Monthly Rent and other charges payable under this Lease and shall be paid at the same time the Monthly Rent is due.If the State of Washington or any other governmental authority havingjurisdiction thereover shall hereafter levy or impose any similar tax or charge on this Lease or the leasehold estate described herein,then Tenant shall pay such tax or charge when due.Such tax or charge shall be in addition to the Monthly Rent and other taxes or charges payable under this Lease. 6.PAYMENT OF UTILITIES AND RELATEDSERVICES.Tenant shall pay for all utilities and services used in the Premises,including without limitation electricity,gas,water,sewer, garbage removal,janitorial service,and any other utilities and services used in the Premises. Landlord shall not be liable for any loss or damage caused by or resulting from any variation, interruption,or failure of any utility services due to any cause whatsoever,except,and only to the extent caused by,Landlord’s negligence.Landlord shall not be liable for temporary interruption or failure of such services incidental to the making of repairs,alterations or improvements,or due to accident,strike,act of God,or conditions or events not under Landlord's control.Temporary interruption or failure of utility services shall not be deemed a breach of the Lease or as an eviction of Tenant,or relieve Tenant from any of its obligations hereunder. 7 TENANT'S CE OF PREMISES: 7.a.:By occupying the Premises,Tenant formally accepts the Premises in ”AS IS”condition,and acknowledges that the Landlord has complied with all the requirements imposed upon it under the terms ofthis Lease with respect to the condition of the Premises at the Commencement Date.Tenant hereby accepts the Premises subject to al lapplicablezoning,federal,state,county and municipal laws,ordinances and regulations governing and regulating the use of the Premises,and accepts this Lease subject thereto and to LEASEAGREEMENT City of Renton to Bosair,LLC(Parcel 800) AGENDA ITEM #6. b) Advertising LAG all matters disclosed thereby and by any exhibits attached hereto.Tenant acknowledges that, except as otherwise provided in this Lease,neither Landlord nor Landlord's agents have made any representation or warranty as to the suitability of the Premises for the conduct of Tenant's business or use.Except as otherwise provided herein,Landlord warrants Tenant's right to peaceably and quietly enjoy the Premises without any disturbance from Landlord,or others claiming by or through Landlord. 8.USE OF PREMISES: 8.a.Use of Premises:The Premises are leased to the Tenant for the following described purposes and uses necessary to said purposes: 8.a.(1).Aircraft Maintenance including inspection,major and minor repair,and major and minor alteration of airframes,engines,avionics,interiors and aircraft components; 8.a.(2).Storage and tie-down of aircraft,both indoors and outdoors; 8.a.(3).Commercial flight operations including flight training,aircraft rental,sightseeing, aerial photography and any operations conducted under 14 CFR Part 91 and 14 CFR Part 135; 8.a.(4).Sale of aviation fuels and lubricants; 8.a.(5).Sale of aircraft parts,components and pilot supplies; 8.a.(6).Aircraft servicing with fluids and compressed gases; 8.a.(7).Aircraft grooming;and 8.a.(8).Aircraft sales,leasing,and management. 8.b.Continuous Use:Tenant covenants that the Premises shall be continuously used for 8.a.(1),and some or all of the remaining purposes set forth above=during the Term,shall not be allowed to stand vacant or idle,subject to reasonable,temporary interruptions for maintenance, construction,or other purposes,and shall not be used for any other purpose without Landlord’ spriorwrittenconsent.Consent of Landlord to other types of aviation activities will not be unreasonably withheld. 8.c.Non-Aviation Uses Prohibited:Tenant agrees that the Premises may not be used for uses or activities that are not related,directly or indirectly,to aviation. 8.d.:No advertising matter or signs shall be displayed on the Premises,at anytime,without the prior written approval of Landlord,which approval will not be unreasonably withheld. LEASEAGREEMENT City of Renton to Bosair,LLC(Parcel 800) AGENDA ITEM #6. b) Conformity with Laws Rules and Regulations Waste-Nuisance-Illegal Activities Increased Tenant’s Regresentation and Warranty Standard ofCare Tenant’s Non-Comgliance LAG 8.e.:Tenant shall comply with applicable federal,state,county and municipal laws,ordinances and regulations concerning Tenant’s use of the Premises.Tenant shall keep and operate the Premises and all structures,improvements,and activities in or about the Premises in conformity with the Airport Regulations and Minimum Standards and other reasonable rules and regulations now or hereafter adopted by Landlord, provided that all such Airport Regulations and Minimum Standards and other rules adopted hereafter are non-discriminatory,all at Tenant’s cost and expense. 8.f.:Tenant shall not permit any waste,damage,or injury to the Premises or improvements thereon,nor allow the maintenance of any nuisance thereon,nor the use thereof for any illegal purposes or activities. 8.g.Insurance Risk:Tenant shall not do or permit to be done in or about the Premises anything which will be dangerous to life or limb,or which will increase any insurance rates upon the Premises or other buildings and improvements at the Airport. 8.h.Hazardous Waste 8.h.(1).:Tenant shall not dispose of or otherwise allow the release of any Hazardous Substances in,on or under the Premises,the Airport,or any tenant improvements or alterations placed on the Premises by Tenant.Tenant represents and warrants to Landlord that Tenant’s intended use of the Premises does not and will not involve the use,production,disposal or bringing on to the Premises of any Hazardous Substances other than fuels,lubricants and other products which are customary and necessary for use in Tenant’s ordinary course of business,provided that such products are used,stored and disposed of in accordance with applicable laws and manufacturer’s and supplier’s guidelines.Tenant shall promptly comply with all laws and with all orders,decrees or judgments of governmental authorities or courts having jurisdiction,relating to the use,collection,treatment,disposal, storage,control,removal or cleanup by Tenant of Hazardous Substances,in,on or under the Premises,or incorporated in any improvements or alterations made by Tenant to the Premises, at Tenant’s sole cost and expense. 8.h.(2).:Tenant agrees to use a high degree of care to be certain that no Hazardous Substances are released or disposed or improperly used in,on or under the Premises during the Term by Tenant,or its Authorized Representatives or assigns,or are released or disposed or improperly used on the Premises by the act of any third party. 8.h.(3).:In the event of non-compliance by Tenant,after notice to Tenant and a reasonable opportunity for Tenant to effect such compliance,Landlord may,but is not obligated to,enter upon the Premises and take such actions and incur such costs and expenses to effect such compliance with laws as it deems advisable to protect its interest in the Premises,provided,however that Landlord shall not be obligated to give Tenant notice and an 8 LEASEAGREEMENT City of Renton to Bosair,LLC(Parcel 800) AGENDA ITEM #6. b) Indemnity Dispute Resolution LAG opportunity to effect such compliance if (i)such delay might result in material adverse harm to the Premises or the Airport,or (ii)an emergency exists.Tenant shall reimburse Landlord for the full amount of all costs and expenses incurred by Landlord in connection with such compliance activities and such obligation shall continue even after expiration or termination of the Term. Tenant shall notify Landlord immediately of any release of any Hazardous Substances in,on or under the Premises. 8.h.(4). 8.h.(4)(a).Landlord shall have no responsibility to the Tenant,or any other third party,for removal or remedial action under Chapter 70A.305 RCW,or any other federal,state,county or municipal laws,in the event of a release of or disposal of any Hazardous Substances in,on or under the Premises during the Term that are caused by Tenant.Tenant shall defend,indemnify and hold harmless Landlord,its officials,employees,agents and contractors (hereinafter ” CityIndemnitees”)from any claims,obligation,or expense (including,without limitation,third party claims for personal injury or real or personal property damage),actions,administrative proceedings,judgments,penalties,fines,liability,loss,damage,obligation or expense,including, but not limited to,fees incurred by the Landlord or City Indemnitees for attorneys,consultants, engineers,damages,environmental resource damages,and removal or remedial action under Chapter 70A.305 RCW or other remediation,arising by reason of the release or disposal of any Hazardous Substances in,on or under the Premises during the Term that are caused by Tenant. The Parties agree that the provisions of this Section 8.h.(4)(a)do not waive or limit any contribution or recovery rights that Landlord may have against Tenant relating to or arising from the release or disposal of any Hazardous Substances in,on or under the Premises during the Term that are not caused by Tenant. 8.h.(4)(b).The provisions of this Subsection 8.h.(4)shall survive the expiration or termination of the Term.No subsequent modification or termination of this Lease by agreement of the Parties or otherwise shall be construed to waive or to modify any provisions of this Section unless the modification or termination agreement or other binding document expressly so states in writing. 8.h.(5).:In the event of any dispute between the Parties concerning whether any Hazardous Substances were brought onto the Premises by Tenant,or Whether any release of or disposal of any Hazardous Substance was caused by Tenant,the Parties agree to submit the dispute for resolution by arbitration upon demand by either Party.Landlord and Tenant do hereby agree that the arbitration process shall be limited to not more than one hundred fifty (150)calendar days,using the following procedures: 8.h.(5).a.Landlord shall select and appoint one arbitrator and Tenant shall select and appoint one arbitrator,both appointments to be made within a period of sixty (60)days from the end of the negotiation period cited in Section 8.h.(5),and both arbitrators to be environmental 9 LEASEAGREEMENT City of Renton to Bosair,LLC(Parcel 800) AGENDA ITEM #6. b) Aircraft Registration Comgliance consultants with experience in the identification and remediation of Hazardous Substances. Landlord and Tenant shall each notify the other of the identity of their arbitrator and the date of the postmark or personal delivery ofthe letter shall be considered the date of appointment.Each Party shall bear the cost of the arbitrator named by it. 8.h.(5).b.The two appointed arbitrators shall meet,and shall make their decision on the dispute in writing within thirty (30)days after the date of their appointment.If the appointment date for either arbitrator is later than the other,the latter date shall be the appointment date for purposes of the thirty (30)day deadline. 8.h.(5).c.If the two arbitrators are unable to agree on a decision on the dispute within a period of thirty (30)days after such appointment,they shall,within a period of thirty (30)days after the first thirty (30)day period,select a third arbitrator who is an environmental consultant with experience in the identification and remediation of Hazardous Substances.If such third arbitrator has not been selected or if such third arbitrator has not accepted such appointment within such thirty (30)day period,either of the two arbitrators,Landlord,or Tenant may apply to the head of the Seattle office of the American Arbitration Association to appoint said third arbitrator. 8.h.(5).d.The three arbitrators shall have thirty (30)days from the date of selection of the third arbitrator to reach a majority decision unless the time is extended by agreement of both Parties.The decision of the majority of such arbitrators shall be final and binding upon the Parties. 8.h.(5).e.The three arbitrators shall make their decision on their dispute in writing within sixty (60)days after the third arbitrator's appointment,unless the time is extended by the agreement of the Parties.The decision of a majority of the arbitrators shall be final and binding upon the Parties.The Parties shall bear equally the cost of the third arbitrator. 8.i.:The Tenant is hereby notified of the Washington State law concerning aircraft registration and the requirement that the Tenant comply therewith. See Exhibit B (”Aircraft Laws and Regulations,RCW 47.68.250 Public Highways and Transportation”). 8.i.(1).Tenant shall annually,during the month of January,submit a report of aircraft status to the Airport Director.One copy of this report shall be used for each aircraft owned by the Tenant,and sufficient forms will be submitted to identify all aircraft owned by the Tenant and the current registration status of each aircraft.If an aircraft is unregistered,an unregistered aircraft report shall also be completed and submitted to the Airport Director. 8.i.(2).Tenant shall require from an aircraft owner proof of aircraft registration or proof of intent to register an aircraft as a condition of subleasing tie-down or hangar space for an aircraft.Tenant shall further require that annually,thereafter,each aircraft owner using the Tenant’s Premises submit a report of aircraft status,or,if an aircraft is unregistered,an 10 LEASEAGREEMENT City of Renton to Bosair,LLC(Parcel 800) AGENDA ITEM #6. b) Aircraft ainNorthiness nce Removal of Snow Floodwater Mud Maintenance Regair and Marking of Pavement LAG unregistered aircraft report.Tenant shall annually,during the month of January,collect the aircraft owners;reports and submit them to the Airport. 8j.:Aircraft placed,parked or stored other than within hangar buildings must be airworthy.Whenever an aircraft is temporarily undergoing repairs exceeding 30 days,the Tenant will notify the Airport Director of the repair status,and the date repairs will be completed.When requested by the Landlord,the Tenant must provide a schedule showing when repairs will be completed as to each such aircraft.If Tenant fails to adhere to an agreed- upon repair schedule,or fails to place and maintain the required red tag on the aircraft,the Tenant may be subject to CivilPenalties or termination of this lease upon proper notice from the City of Renton. 9.MAINTENANCE: 9.a.Maintena of Premises:The Premises and all ofthe improvements or structures thereon and authorized by the Landlord for use by the Tenant,shall be used and maintained by Tenant in an operable,neat,orderly,and sanitary manner.Tenant is responsible for the clean-up and proper disposal at reasonable and regular intervals of rubbish,trash,waste and leaves upon the Premises,including that blown against fences bordering the Premises,whether as a result of the Tenant’s activities or having been deposited upon the Premises from other areas.Tenant shall maintain in good condition and repair the Premises,subject to ordinary wear and tear, including,the interior walls,floors,and any interior portions of all doors,windows,and glass, parking areas,landscaping,fixtures,heating,ventilating and air conditioning,including exterior mechanical equipment.Tenant shall make all repairs,replacements and renewals,whether ordinary or extraordinary,anticipated or unforeseen,that are necessary to maintain the Premises in the condition required by this Section.Landlord will be responsible for plumbing and sewage facilities within the building or under the floor slab including free flow up to the main sewer line, utility facilities,exterior utility facilities,and exterior electrical equipment serving the Premises. 9.b.:Tenant shall be responsible for removal from the Premises,all snow and/orfloodwaters or mud deposited,with the disposition thereof to be accomplished in such a manner so as to not interfere with or increase the maintenance activities of Landlord upon the public areas of the Airport. 9.c.:Tenant shall be responsible for,and shall perform,the maintenance,repair and marking (painting)of pavement surrounding the buildings within and on the Premises.Such maintenance and repair shall include,as a minimum, crack filling,weed control,slurry seal and the replacement of unserviceable concrete or asphalt pavements,as necessary.To the degree the concrete and asphalt pavements are brought to FA AstandardsatanytimeduringtheTermofthisLease,Tenant shall maintain the concrete and asphalt pavements in such condition. 11 LEASEAGREEMENT City of Renton to Bosair,LLC(Parcel 800) AGENDA ITEM #6. b) Right of Inspection Landlord May Perform Maintenance 9.d.:Tenant will allow Landlord or Landlord’s agent,free access at all reasonable times to the Premises for the purpose of inspection,or for making repairs,additions or alterations to the Premises,or any property owned by or under the control of Landlord. Landlord shall provide ten (10)days’advance notice of any such inspection and use reasonable efforts not to interfere with Tenant’s use of the Premises during any such inspection. 9.e.:If Tenant fails to perform Tenant's obligations under this section,Landlord may at its option (but shall not be required to)enter the Premises, after thirty (30)days'prior written notice to Tenant,except in the event of an emergency when no notice shall be required,and put the same in good order,condition and repair,and the cost thereof together with interest thereon at the rate of twelve (12%)percent per annum shall become due and payable as additional rental to Landlord together with Tenant's next installment of Rent. 10.ALTERATIONS 10.a.Protection from Liens:Before commencing any work relating to alterations, additions and improvements affecting the Premises (”Work”),Tenant shall notify Landlord in writing of the expected date of commencement of the Work.Tenant shall pay,or cause to be paid,all costs of labor,services and/or materials supplied in connection with any Work.Tenant shall keep the Premises free and clear of all mechanics'materialmen's liens or any other liens resulting from any Work.Tenant shall have the right to contest the correctness or validity of any such lien if,immediately on demand by Landlord,it procures and records a lien release bond issued by a responsible corporate surety in an amount sufficient to satisfy statutory requirements therefor in the State of Washington.Tenant shall promptly pay or cause to be paid all sums awarded to the claimant on its suit,and,in any event,before any execution is issued with respect to any judgment obtained by the claimant in it suit or before such judgment becomes a lien on the Premises,whichever is earlier.If Tenant shall be in default under this Section,by failing to provide security for or satisfaction of any mechanic’s or other liens,then Landlord may,at its option,in addition to any other rights or remedies it may have,discharge said lien by (i)paying the claimant an amount sufficient to settle and discharge the claim,(ii)procuring and recording alien release bond,or (iii)taking such other action as Landlord shall deem necessary or advisable, and,in any such event,Tenant shall pay as Additional Rent,on Landlord’s demand,all reasonable costs (including reasonable attorney fees)incurred by Landlord in settling and discharging such lien together with interest thereon at the rate of twelve (12%)percent per year from the date of Landlord’s payment of said costs.Landlord’s payment of such costs shall not waive any default of Tenant under this Section. 10.b.Bond:At any time Tenant either desires to or is required to make any repairs, alterations,additions,improvements or utility installation thereon,or otherwise,Landlord may at its sole option require Tenant,at Tenant's sole cost and expense,to obtain and provide to Landlord a lien and completion bond in an amount equal to one and one—half(1-1/2)times the 12 LEASEAGREEMENT City of Renton to Bosair,LLC(Parcel 800) AGENDA ITEM #6. b) ake LAG estimated cost of such improvements,to insure Landlord against liability for mechanics and materialmen's liens and to insure completion of the work. 10.c.Landlord Mav M Improvements:Tenant agrees that Landlord may,at its option and at its expense,make repairs,alterations or improvements which Landlord may deem necessary or advisable for the preservation,safety or improvement of utilities or Airport infrastructure on the Premises,if any.Landlord shall provide ten (10)days’advance notice of any such work and use reasonable efforts to not interfere with Tenant’s use of the Premises during any such work. 11.IMPROVEMENTS:As further consideration for this Lease,it is agreed that upon the expiration or termination of the Term,all structures and any and all improvements of any character whatsoever installed on the Premises (except for any fuel tanks and related structures owned by Tenant)shall be and become the property of the Landlord,and title thereto shall automatically pass to Landlord at such time,and none of such improvements now or hereafter placed on the Premises shall be removed therefrom at any time without Landlord’s prior written consent.During the Term,Tenant shall hold title to all improvements placed by Tenant on the Premises.Tenant covenants and agrees that Tenant will pay and satisfy in full all outstanding liens,or other debts,affecting or encumbering such improvements before transfer of ownership of such improvements to Landlord upon the expiration or termination ofthe Term.Alternatively, Landlord may,at its option,require Tenant,concurrently with the expiration or termination of the Term,to remove any and all improvements and structures installed by Tenant,and repair any damage caused thereby,at Tenant’s expense. 12.EXEMPTIONOF LANDLORDFROM LIABILITY Landlord or Landlord’s agents shall not be liable for injury to persons or to Tenant’s business or loss of income therefrom or for damage which may be sustained by the person,goods,wares,merchandise or property of Tenant,its Authorized Representatives,or any other person in or about the Premises,caused by or resulting from (a)fire,electricity,gas,water or rain which may leak or flow from or into any part of the Premises,(b)any defect in or the maintenance or use of the Premises,or any improvements,fixtures and appurtenances thereon,(c)the Premises or any improvements, fixtures and appurtenances thereon becoming out of repair,(d)the breakage,leakage, obstruction or other defects of the pipes,sprinklers,wires,appliances,plumbing,heating, ventilating or air conditioning or lighting fixtures of the Premises,(e)flooding of the Cedar River or other body of water,or from any other source whatsoever,whether within or without the Premises;or (f)any act or omission of any other tenant or occupant of the building in which the Premises are located,or their agents,servants,employees,or invitees,provided,that the foregoing exemption shall not apply to losses to the extent caused by Landlord’s or its agents’, contractors’,or employees’negligence or willful misconduct. 13.INDEMNITYAND HOLD HARMLQS;Tenant shall defend,indemnify and hold harmless Landlord against any and all claims arising from (a)the conduct and management of or 13 LEASEAGREEMENT City of Renton to Bosair,LLC(Parcel 800) AGENDA ITEM #6. b) AssignmentlSubletting LAG from any work or thing whatsoever done in or about the Premises or the improvements or equipment thereon during the Term,or (b)arising from any act or negligence or willful misconduct of the Tenant or any of its agents,contractors,patrons,customers,employees,or invitees,or (c)arising from any accident,injury,or damage whatsoever,however caused,to any person or persons,or to the property of any person,persons,corporation or other entity occurring during the Term in,on,or about the Premises,and from and against all costs,attorney's fees,expenses,and liabilities incurred in or from any such claims or any action or proceeding brought against the Landlord by reason of any such claim,except to the extent caused by the sole negligence of Landlord,its agents,contractors,employees,or its Authorized Representatives. Tenant,on notice from Landlord,shall resist or defend such action or proceeding forthwith with counsel reasonably satisfactory to,and approved by,Landlord.Landlord shall indemnify,defend, and hold Tenant harmless from and against any and all claims,losses,damages,costs,attorney;s fees,expenses,and liabilities arising from the negligence or willful misconduct of Landlord or any ofthe City’s Authorized Representatives.On notice from Tenant,Landlord,at Landlord’s expense, shall defend any such action or proceeding forthwith.The indemnity in this Section shall not apply to Hazardous Substances,which is addressed elsewhere in this Lease. 14.ASSIGNMENT&SUBLETTING: 14.a.:Tenant shall not voluntarily assign or encumber its interest in this Lease or in the Premises,or sublease any part or all of the Premises,without Landlord’s prior written consent,which consent shall not be unreasonably withheld,conditioned, or delayed,in accordance with the Renton Municipal Airport Leasing Policies.Any assignment, encumbrance or sublease,whether by operation of law or otherwise,without Landlord’s consent shall be void and shall constitute a default by Tenant under this Lease.No consent to any assignment or sublease shall constitute a waiver ofthe provisions of this Section and no other or subsequent assignment or sublease shall be made without Landlord's prior written consent. Before an assignment or sublease will be approved,the proposed assignee or subtenant must comply with provisions of the then current Airport Leasing Policies,including,but not limited to the l’Analysis of Tenant’s Financial Capacity,"independent of Tenant’s compliance or Financial Capacity.Consent shall not be unreasonably withheld,conditioned,or delayed. In the case of an assignment of the full leasehold interest and/or complete sale of the stock or other interests in the entity constituting Tenant and concomitant transfer of ownership of said entity,(a)in the case of an assignment,the proposed assignee shall deliver to Landlord a written instrument duly executed by the proposed assignee stating that it has examined this Lease and agrees to assume,be bound by and perform all of Tenant’s obligations under this Lease accruing after the date of such assignment,to the same extent as if it were the original Tenant,and (b)in the case of a stock transfer,Transferee shall deliver a written acknowledgment that it shall continue to be bound by all the provisions of this Lease after the transfer.Except in the case of an assignment of the full leasehold interest by Tenant,any assignment permitted herein will not relieve Tenant of its duty to perform all the obligations set out in this Lease or addenda hereto. 14 LEASEAGREEMENT City of Renton to Bosair,LLC(Parcel 800) AGENDA ITEM #6. b) Assign ,,,,, WM LAG In no event will the assignment of the full leasehold interest or the complete sale of the stock or other interests in the entity constituting Tenant and concomitant transfer of ownership of said entity cause an extension of the Term of this Lease. 14.b.Conditions to ment or Sublease:Tenant agrees that any instrument by which Tenant assigns or sublets all or any portion of the Premises shall (i)incorporate this Lease by reference,(ii)expressly provide that the assignee or subtenant may not further assign or sublet the assigned or sublet space without Landlord’s prior written consent (which consent shall not,subject to Landlord’s rights under this Section,be unreasonably withheld,conditioned,or delayed),(iii)acknowledge that the assignee or subtenant will not violate the provisions of this Lease,and (iv)in the case of any assignment,acknowledge that Landlord may enforce the provisions of this Lease directly against such assignee.If this Lease is assigned,whether or not in violation of the terms and provisions of this Lease,Landlord may collect Rent from the assignee. Acceptance of Rent by the Landlord shall not be a waiver of any of Landlord’s remedies against Tenant for violation of provisions of this Lease.A subtenant may cure Tenant’s default.In either event,Landlord shall apply the amount collected from the assignee or subtenant to Tenant’s obligation to pay Rent under this Lease. 14.c.No Release of nant's Liabilitv:Neither an assignment or subletting nor the collection of Rent by Landlord from any Person other than Tenant,nor the application ofany such Rent as provided in this Section shall be deemed a waiver of any of the provisions of this Section or release Tenant from its obligation to comply with the terms and provisions of this Lease and Tenant shall remain fully and primarily liable for all of Tenant's obligations under this Lease, including the obligation to pay Rent under this Lease,unless Landlord otherwise agrees in writing. Notwithstanding the foregoing,in the event that Landlord’s consent to assignment is obtained for a complete assignment and Assignee agrees in writing to assume all of the obligations and liabilities of this Lease accruing after such assignment,Tenant shall be relieved of all liability arising from this Lease and arising out of any act,occurrence or omission occurring after Landlord’s consent is obtained.To the extent that any claim for which indemnification of the Landlord (including with respect to Hazardous Substances)arises after Tenant’s complete assignment for conduct predating said assignment,the Tenant shall not be relieved of obligations or liability arising from this Lease. 14.d.:No permitted subletting by Tenant shall be effective until there has been delivered to Landlord a copy of the sublease and an executed Operating Permit and Agreement in which the subtenant agrees not to violate and to act in conformity with the terms and provisions of this Lease;provided that no Operating Permit shall be required for the subletting of hangar or tie-down space for aircraft storage purposes.No permitted assignment shall be effective unless and until there has been delivered to Landlord a counterpart of the assignment in which the assignee assumes all of Tenant’s obligations under this Lease arising on or after the date of the assignment. 15 LEASEAGREEMENT City of Renton to Bosair,LLC(Parcel 800) AGENDA ITEM #6. b) Port No Merger Failure to Pay Rent ,,Reg Failure to Perform or Cu re Aggointment of Trustee or Receiver 14.f.Landlord’s Right to ion of Subtenant Rent:In the event that Tenant enters into a Sublease pursuant to this Agreement,Tenant immediately and irrevocably assigns to Landlord, as security for Tenant’s obligations under this Agreement,fifty percent (50%)of all rent collected by Tenant from any Sublease of all or any part of the Premises,as permitted by this Agreement, and Landlord,as assignee,receiver,and/or attorney-in-fact for Tenant,may collect such rent due subsequent to Tenant’s default in paying over such amounts to Landlord,and Landlord may apply it toward Tenant’s obligations pursuant to this Agreement with any excess amounts collected returned to Tenant;except that,until the occurrence of an act of default by Tenant or sublessee,Tenant shall have the right to collect such rent. 14.g.:Without limiting any of the provisions of this Section,if Tenant has entered into any subleases of any portion of the Premises,the voluntary or other surrender of this Lease by Tenant,or a mutual cancellation by Landlord and Tenant,shall not work a merger and shall terminate all or any existing subleases or subtenancies. 15.DEFAULTAND REMEDIES: 15.a.Default:The occurrence of any of the following shall constitute a default by Tenant under this Lease: 15.a.(1).:Failure to pay Rent when due,if the failure continues for a period of three (3)business days after notice of such default has been given by Landlord to Tenant. 15.a.(2)Failure to Complv with Airport ulations and Minimum Standards Failure to comply with the Airport Regulations and Minimum Standards,ifthe failure continues for a period of twenty-four (24)hours after notice of such default is given by Landlord to Tenant.lfthe failure to comply cannot reasonably be cured within twenty-four (24)hours,then Tenant shall not be in default under this Lease if Tenant commences to cure the failure to comply within twenty-four (24)hours and diligently and in good faith continues to cure the failure to comply.However,said inability to cure within twenty-four (24)hours,diligence and good faith notwithstanding,cannot be based on financial incapacity. 15.a.(3).:Failure to perform any other provision ofthis Lease, if the failure to perform is not cured within thirty (30)days after notice of such default has been given by Landlord to Tenant.if the default cannot reasonably be cured within thirty (30)days, then Tenant shall not be in default under this Lease if Tenant commences to cure the default within thirty (30)days of the Landlord’s notice and diligently and in good faith continues to cure the default. 15.a.(4).:The appointment of a trustee or receiver to take possession of substantially all of the Tenant’s assets located at the Premises or of Tenant’s interest in this Lease,where possession is not restored to Tenant within sixty (60)days;or the 16 LEASEAGREEMENT City of Renton to Bosair,LLC(Parcel 800) AGENDA ITEM #6. b) Failure to Comgly With Laws Additional Security Maintain Lease in Force: Terminate Lease LAG attachment,execution or other judicial seizure of substantially all of Tenant’s assets located at the Premises or of Tenant’s interest in this Lease,where such seizure is not discharged within sixty (60)days. 15.a.(5).:It shall be a default of this Lease if the Tenant fails to comply with any of the statutes,ordinances,rules,orders,regulations,and requirements of the federal,state,and/orcity governments,or any terms of this Lease. 15.b.:If Tenant is in default under this Lease,and such default remains uncured for more than three (3)business days after Landlord gives Tenant notice of such default,then Landlord,at Landlord’s option,may in addition to other remedies,require Tenant to provide adequate assurance of future performance of all of Tenant’s obligations under this Lease in the form of a deposit in escrow,a guarantee by a third party acceptable to Landlord,a surety bond,a letter of credit or other security acceptable to,and approved by,Landlord.I fTenantfailstoprovidesuchadequateassurancewithintwenty(20)days of receipt of a request by Landlord for such adequate assurance,such failure shall constitute a material breach of this Lease and Landlord may,at its option,terminate this Lease. 15.c.Remedies:If Tenant commits a default,then following the expiration of the notice and cure periods set forth in Section 15.a.above,Landlord shall have the following alternative remedies,which are in addition to any remedies now or later allowed by law,and Landlord shall use reasonable efforts to mitigate its damages: 15.c.(1).To maintain this Lease in full force and effect and recover the Rent and other monetary charges as they become due,without terminating Tenant's right to possession,irrespective of whether Tenant shall have abandoned the Premises.I fLandlordelectstonotterminatetheLease,Landlord shall have the right to attempt to re-let the Premises at such rent and upon such conditions and for such a term,and to perform all acts necessary to maintain or preserve the Premises as Landlord deems reasonable and necessary, without being deemed to have elected to terminate the Lease,including removal of all persons and property from the Premises;such property may be removed and stored in a publi cwarehouseorelsewhereatthecostofandontheaccountofTenant.In the event any such re-Ietting occurs,this Lease shall terminate automatically upon the new Tenant taking possession of the Premises.Notwithstanding that Landlord fails to elect to terminate the Lease initially, Landlord at any time during the Term may elect to terminate this Lease by virtue of such previous default of Tenant so long as Tenant remains in default under this Lease. 15.c.(2).:To terminate Tenant’s right to possession by any lawful means,in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord.In such event Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant’s default including without limitation thereto,the following:(i)any and all unpaid Rent which had been earned at the time LEASEAGREEMENT City of Renton to Bosair,LLC(Parcel 800) AGENDA ITEM #6. b) BINDING AGREEMENT SURREN ISES: of such termination,plus (ii)any and all Rent which would have been earned after termination until the time of occupancy of the Premises by a new tenant following the re—letting of the Premises,plus (iii)any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s failure to perform its obligations under this Lease or which in the ordinary course of business would be likely to result therefrom,including without limitation,in (A)retaking possession of the Premises,including reasonable attorney fees therefor,(B )maintaining or preserving the Premises after such default,(C)preparing the Premises for re- letting to a new tenant,including repairs or necessary alterations to the Premises for such re- letting,(D)leasing commissions incident to re-letting to a new tenant,and (E)any other costs necessary or appropriate to re—letthe Premises;plus (iv)at Landlord's election,such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable state law.The amounts referenced in this Section include interest at 12%per annum. 16.:Subject to the restriction upon assignment or subletting as set forth herein,all of the terms,conditions,and provisions of this Lease shall be binding upon the Parties,their successors and assigns,and if the Tenant is a natural person,his or her personal representative and heirs. 17.CONDEMNATION:if the whole or any substantial part of the Premises shall be condemned or taken by Landlord or any county,state,or federal authority for any purpose,then the Term shall cease as to the part so taken from the day the possession of that part shall be required for any purpose,and the Rent shall be paid up to that date.From that day the Tenant shall have the right to either cancel this Lease and declare the same null and void,or to continue in the possession of the remainder ofthe same under the terms herein provided,except that the Rent shall be reduced in proportion to the amount of the Premises taken for such public purposes.Alldamages awarded for such taking for any public purpose shall belong to and be the property of the Landlord,whether such damage shall be awarded as compensation for the diminution in value to the leasehold,or to the fee of the Premises herein leased.Damages awarded for the taking of Tenant's improvements located on the Premises shall belong to and be awarded to Tenant. 18.DER OF PREM Tenant shall quit and surrender the Premises at the expiration or termination ofthe Term in a condition as good as the reasonable use thereof would permit,normal wear and tear excepted.Alterations,additions or improvements which may be made by either of the Parties on the Premises,except movable office furniture or trade fixtures put in at the expense ofTenant,shall be and remain the property ofthe Landlord and shall remain on and be surrendered with the Premises as a part thereof at the expiration or termination of the Term without hindrance,molestation,or injury.Tenant shall remove from the Premises,upon request of the Landlord,movable office furniture or trade fixtures put in at the expense of Tenant.Tenant shall,at its sole expense,properly and promptly repair to Landlord’s reasonable satisfaction any damage to the Premises occasioned by Tenant’s use thereof,or by the removal 18 LEASEAGREEMENT City of Renton to Bosair,LLC(Parcel 800) AGENDA ITEM #6. b) Personal Property Liability Insurance Insurance Policies of Tenant’s movable office furniture or trade fixtures and equipment,which repair shall include the patching and filling of holes and repair of structural damage. 19.INSURANCE 19.a.:Tenant,at its expense,shall maintain in force during the Term a policy ofspecial form —causes of loss or all risk property insurance on all of Tenant’s alterations, improvements,trade fixtures,furniture and other personal property in,on or about the Premises, in an amount equal to at least their full replacement cost.Any proceeds of any such policy available to Tenant shall be used by Tenant for the restoration of Tenant’s alterations, improvements and trade fixtures and the replacement of Tenant’s furniture and other personal property.Any portion of such proceeds not used for such restoration shall belong to Tenant.It is agreed that Landlord shall not be held liable in any manner for,or on account of,any loss or damage to personal property of the Tenant,Tenant's invitees or other persons,which may be sustained by fire or water or other peril,or for the loss of any articles by burglary,theft or any other cause from or upon the Premises.It is acknowledged that Landlord does not cover any of the personal property of Tenant,Tenant's invitees or other persons upon the Premises through its insurance.Tenant,its invitees and other persons upon the Premises are solely responsible to obtain suitable personal property insurance. 19.b.:Tenant,at its expense,shall maintain in force during the Term the following types of insurance (or equivalents):a policy of commercial general liability insurance (including premises liability),with the following minimum limits:$1,000,000 per occurrence and $2,000,000 annual aggregate.Landlord shall be named as an additional insured on Tenant’s liability insurance solely with respect to the operations of the named insured (i.e., Tenant)and that coverage being primary and non-contributory with any other policy(ies)carried by,or available to,the Landlord.The Tenant shall provide the Landlord with written notice of any policy cancellation,within two business days of their receipt of such notice. 19.c.Pollution and Remediation Liabilit?Tenant,at its expense,shall maintain in force during the Term the following insurance and/or Errors &Omissions applicable to underground or above ground fuel storage tanks,fueling or refueling operations with a limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.This policy shall include coverage for bodily injury,property damage personal injury and environmental site restoration. 19.d.:Insurance required hereunder shall be written by a company or companies acceptable to Landlord.Landlord reserves the right to establish and,from time-to- time,to increase minimum insurance coverage amounts.Insurance required herein shall provide coverage on an occurrence basis,not a claims-made basis,except as may be authorized pursuant to Section 19.c.Notice of increased minimum insurance coverage amounts shall be sent to the Tenant at least forty-five (45)days prior to the annual renewal date of the Tenant’s insurance. 19 LEASEAGREEMENT City of Renton to Bosair,LLC(Parcel 800) AGENDA ITEM #6. b) Waiver of Subrogation LAG Prior to possession the Tenant shall deliver to Landlord documents,in a form acceptable to Landlord,evidencing the existence and amounts of such insurance.Tenant shall,prior to the expiration ofsuch policies,furnish Landlord with evidence of renewal ofsuch insurance,in a form acceptable to Landlord.Tenant shall not do or permit to be done anything which shall invalidate the insurance policies referred to above.Tenant shall forthwith,upon Landlord’s demand, reimburse Landlord for any additional premiums for insurance carried by Landlord attributable to any act or omission or operation of Tenant causing such increase in the cost of insurance.I fTenantshallfailtoprocureandmaintainsuchinsurance,then Landlord may,but shall not be required to,procure and maintain the same,and Tenant shall promptly reimburse Landlord for the premiums and other costs paid or incurred by Landlord to procure and maintain such insurance.Failure on the part ofthe Tenant to maintain the insurance as required shall constitute a material breach of the Lease,upon which the Landlord may,after giving five business days notice to the Tenant to correct the breach,terminate the Lease or,at its discretion,procure or renew such insurance and pay any and all premiums in connection therewith,with any sums so expended to be repaid to the Landlord on demand. 19.e.:Tenant and Landlord each waives any and all rights of recovery against the other,or against the officers,employees,agents and representatives of the other,for loss of or damage to such waiving Party or its property or the property of others under its control,where such loss or damage is insured against under any insurance policy in force at the time of such loss or damage.Tenant shall,upon obtaining the policies of insurance required hereunder,give notice to the insurance carriers that the foregoing mutual waiver of subrogation is contained in this Lease. 20.TAXES:Tenant shall be responsible for the payment of any and all taxes and assessments upon any property or use acquired under this Lease and upon any alterations or improvement made by Tenant to the Premises. 21.NO WAIVER:It is further covenanted and agreed between the Parties that no waiver by Landlord of a breach by Tenant of any covenant,agreement,stipulation,or condition of this Lease shall be construed to be a waiver of any succeeding breach of the same covenant, agreement,stipulation,or condition,or a breach of any other covenant agreement,stipulation, or condition.The acceptance by the Landlord of Rent after any breach by the Tenant of any covenant or condition by Tenant to be performed or observed shall be construed to be payment for the use and occupation of the Premises and shall not waive any such breach or any right of forfeiture arising therefrom. 22.NOTICES:All notices or requests required or permitted under this Lease shall be in writing;shall be personally delivered,delivered by a reputable express delivery service such as Federal Express or DHL,delivered by email,or sent by certified mail,return receipt requested, postage prepaid.Any notice given by hand,by courier,or by email shall be deemed given when delivered and any notice sent by mail shall be deemed to have been received when three days 20 LEASEAGREEMENT City of Renton to Bosair,LLC(Parcel 800) AGENDA ITEM #6. b) Agglication to Subleases LAG - have elapsed from the time such notice was deposited in the U.S.mail.All notices or requests to Landlord shall be sent to Landlord at Landlord’s address set forth below and all notices or requests to Tenant shall be sent to Tenant at Tenant’s address set forth below: Landlord’s Address City Clerk Attn:Airport Director 1055 South Grady Way Renton,Washington 98057 cityclerk@rentonwa.gov and rentonairport@rentonwa.gov Tenant’s Address:Bosair,LLC 289 E Perimeter Road Renton,WA 98057 info@aceaviationinc.com Either Party may change the address to which notices shall be sent by written notice to the other Party. 23.DISCRIMINATIONPROHIBITED 23.a.Discrimination Prohibited:Tenant covenants and agrees not to discriminate against any person or class of persons by reason of race,color,creed,sex or national origin,or any other class of person protected by federal or state law or the Renton City Code,in the use of any of its facilities provided for the public in the Airport.Tenant further agrees to furnish services on a fair,equal and not unjustly discriminatory basis to all users thereof,and to charge on a fair, reasonable and not unjustly discriminatory basis for each unit of service;provided that Tenant may make reasonable and non-discriminatory discounts,rebates,or other similar types of price reductions to volume purchasers. 23.b Minoritv Business Enterprise Policv:It is the policy of the Department of Transportation that minority business enterprises as defined in 49 C.F.R.Part 23 shall have the maximum opportunity to participate in the performance of leases as defined in 49 C.F.R.23.5. Consequently,this Lease is subject to 49 C.F.R.Part 23,as applicable.No person shall be excluded from participation in,denied the benefits of or otherwise discriminated against in connection with the award and performance of any contract,including leases covered by 49 C.F.R.Part 23, on the grounds of race,color,national origin or sex. 23.c.:Subject to the provisions of Section 14 of this Lease, Tenant agrees that it will include the above clause in all assignments of this Lease or subleases, and cause its assignee(s)and sublessee(s)to similarly include the above clause in further assignments or subleases of this Lease. LEASEAGREEMENT City of Renton to Bosair,LLC(Parcel 800) AGENDA ITEM #6. b) ATTORNEYS’FEES AND COSTS‘COLLECTIONCOSTS: 24.FORCEMAJEURE:In the event that either Party shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes,lockouts, labor troubles,inability to procure materials,failure of power,fire,seismic event,acts of bioterrorism,plagues,epidemics,pandemics,outbreak of a communicable disease leading to extraordinary restrictions including quarantine or movement of people or goods,restrictive governmental laws or regulations,riots,insurrections,war,sabotage,inclement weather,power outages,hurricanes,floods,earthquakes,tornadoes,acts of God,or other natural disasters,or other reason or casualty of like nature not the fault of the Party delayed in performing work or doing acts required under the terms ofthis Lease (hereafter,”Casualty Event"),then the timeline for performance of such act shall be extended for a period equivalent to the period of such delay. The provisions of this Section shall not,however,operate to excuse Tenant from the prompt payment of rent,or any other payment required by the terms ofthis Lease,to be made by Tenant. 25.UNUSABILITY:If the Premises or a portion thereof,or a portion of the Property necessary for Tenant’s occupancy,are rendered unusable at the sole discretion of Landlord,then any Party may terminate this Lease by giving written notice to the other,in which case Tenant shall have no further obligations under this Lease as of the date of termination specified in such notice;however,Landlord,in its sole discretion,may terminate the lease if the entire Premises are destroyed,rendered unusable,or made unsafe for reasons outside of Landlord’s reasonable control and Landlord chooses at Landlord’s sole discretion to not restore or rebuild the Premises. 26.TRANSFER OF PREMISES BY LANDLORD:In the event of any sale,conveyance, transfer or assignment by Landlord of its interest in the Premises,Landlord shall be relieved of all liability arising from this Lease and arising out of any act,occurrence or omission occurring after the consummation of such sale,conveyance,transfer or assignment,provided that the Landlord’s transferee shall have assumed and agreed to carry out all of the obligations of the Landlord under this Lease. 27.If either Party brings any action for relief against the other Party,declaratory or otherwise,arising out of this Lease, including any action by Landlord for the recovery of Rent or possession of the Premises,the prevailing Party shall be entitled to reasonable attorneys’fees and costs of litigation as established by the court.If the matter is not litigated or resolved through a lawsuit,then any attorneys’fees for collection of past-due rent or enforcement of any right of Landlord or duty of Tenant hereunder shall entitle Landlord to recover,in addition to any late payment charge,any costs of collection or enforcement,including reasonable attorney’s fees.For the purpose of this Section 26,attorney’s fees shall include a reasonable rate for attorney’s employed by the City. 28.EMERGENCYRESPONSE:Tenant must provide to the Airport Director reasonable access and response in times of emergency or urgency.The Tenant is wholly responsible to keep an up-to-date listing of aircraft types,identification,and owners on file and at the Airport Director’s office. 22 LEASEAGREEMENT City of Renton to Bosair,LLC(Parcel 800) AGENDA ITEM #6. b) HOLDING OVER LAG - 29.:If Tenant,without Landlord’s prior consent,remains in possession of the Premises after expiration or termination of the Term,or after the date in any notice given by Landlord to Tenant terminating this Lease,such possession by Tenant shall be deemed to be a tenant at sufferance and shall pay to Landlord as liquidated damages for each month (or any portion thereof)during which Tenant holds over in the Premises an amount equal to 200%of the monthly rent payable by Tenant immediately prior to the expiration or termination ofthis Lease.Such holdover rent shall be payable in advance on the first day of each month during the holdover period. If Tenant,with Landlord’s express written consent,remains in possession of the Premises after expiration or termination of the Term,or after the date in any notice given by Landlord to Tenant terminating this Lease,such possession by Tenant shall be deemed to be a month-to- month tenancy terminable by either Party by a notice given to the other Party at least thirty (30) days prior to the end of any such monthly period.During such month—to-month tenancy,Tenant shall pay Rent in the amount then agreed to in writing by Landlord and Tenant.All provisions of this Lease,except those pertaining to term,shall apply to the month—to-month tenancy. 30.DEFINITIONS:As used in this Lease,the following words and phrases,shall have the following meanings: ”Additional Rent"means any charges or monetary sums to be paid by Tenant to Landlord under the provisions of this Lease other than Monthly Rent. ”Authorized Representative”means any officer,agent,employee,independent contractor or invitee of either Party. ”Environmental Laws and Requirements”means any and all federal,state,local laws, statutes,ordinances,rules,regulations and/or common law relating to environmental protection,contamination,the release,generation,production,transport,treatment, processing,use,disposal,or storage of Hazardous,Substances,worker health or safety or industrial hygiene,and the regulations promulgated by regulatory agencies pursuant to these laws,and any applicable federal,state,and/or local regulatory agency-initiated orders, requirements,obligations,directives,notices,approvals,licenses,or permits. ”Hazardous Substances”means=any and all material,waste,chemical,compound, substance,mixture or byproduct that is identified,defined,designated,listed,restricted or otherwise regulated under any Environmental Laws and Requirements as a ' fhazardou s constituent,””hazardous substance,””hazardous material,””extremely hazardous material,” ”hazardous waste,””acutely hazardous waste,”"hazardous waste constituent,"”infectious waste,”"medical waste,””biohazardous waste,extremely hazardous waste,””pollutant," ”toxic pollutant"or ”contaminant.”The term ”Hazardous Substances"includes,without limitation,any material or substance which is (i)hexavalent chromium;(ii)pentachlorophenol; II II 23 LEASEAGREEMENT City of Renton to Bosair,LLC(Parcel 800) AGENDA ITEM #6. b) (iii)volatile organic compounds;(iv)petroleum;(v)asbestos;(vi)designated as a ”hazardous substance”pursuant to Section 311 of the Federal Water Pollution Control Act,33 U.S.C.§1251 et seq.(33 U.S.C.§1321);(vii)defined as a ”hazardous waste"pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act,42 U.S.C.§6901 et seq.(42 U.S.C.§6903);(viii )defined as a ”hazardous substance"pursuant to Section 101 of the Comprehensive Environmental Response,Compensation and Liability Act of 1980,as amended,42 U.S.C.§9601 et seq.(42 U.S.C.§9601);or (ix)designated as a ”hazardous substance”pursuant to the Washington Model Toxics Control Act,as codified by RCW 70A.305.010 et seq.,or as is hereafter amended. ”Parties”means Landlord and Tenant.”Party”means Landlord or Tenant,as indicated by context ”Person”means one or more human beings,or legal entities or other artificial persons, including without limitation,partnerships,corporations,trusts,estates,associations and any combination of human beings and legal entities. ”Rent”or ”Rental”means Monthly Rent,both as established as a minimum amount and as adjusted from time to time under this Lease,and Additional Rent. 31.GENERALPROVISIONS: 31.a.Entire Agreement:This Lease sets forth the entire agreement of the parties as to the subject matter hereof and supersedes all prior discussions and understandings between them.This Lease may not be amended or rescinded in any manner except by an instrument in writing signed by a duly authorized officer or representative of each Party. 31.b.Governing Law:This Lease shall be governed by,and construed and enforced in accordance with,the laws of the State of Washington. 31.c.Severability:Should any of the provisions of this Lease be found to be invalid, illegal or unenforceable by any court of competent jurisdiction,such provision shall be stricken and the remainder of this Lease shall nonetheless remain in full force and effect unless striking such provision shall materially alter the intention of the parties. 31.d.Jurisdiction and Venue:In the event any action is brought to enforce any of the provisions of this Lease,the parties agree to be subject to exclusive in personam jurisdiction in the Superior Court of the State of Washington in and for the County of King or in the United States District Court for the Western District of Washington. 31.e.Waiver:No waiver of any right under this Lease shall be effective unless contained in a writing signed by a duly authorized officer or representative of the Party sought to be charged 24 LEASEAGREEMENT City of Renton to Bosair,LLC(Parcel 800) AGENDA ITEM #6. b) LAG - with the waiver and no waiver of any right arising from any breach or failure to perform shall be deemed to be a waiver of any future right or of any other right arising under this Lease. 31.f.Captions:Section captions contained in this Lease are included for convenience only and form no part of the agreement between the parties. 31.g.Assignee as Tenant:The term ”Tenant"shall be deemed to include the assignee where there is a full assignment of the Lease. 31.h.Effectiveness:This Lease shall not be binding or effective until properly executed and delivered by Landlord and Tenant. 31.i.Gender and Number:As used in this Lease,the masculine shall include the feminine and neuter,the feminine shall include the masculine and neuter,the neuter shall include the masculine and feminine,the singular shall include the plural and the plural shall include the singular,as the context may require. 31.j.Time of the Essence:Time is of the essence in the performance of all covenants and conditions in this Lease for which time is a factor. 31.k.Joint and Several Liability:If Tenant is composed of more than one Person,then the obligations of all such Persons under this Lease shall be joint and several. 31.l.No Recordation Without Consent of Landlord:Tenant shall not record this Lease or any memorandum of this Lease without Landlord’s prior written consent. 31.m.Cumulative Remedies:No remedy or election hereunder shall be deemed exclusive,but shall,wherever possible,be cumulative with all other remedies at law or in equity. 31.n.Corporate Authority:If Tenant is a corporation or limited liability company,each individual executing this Lease on behalf of said corporation or limited liability company represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of said corporation or limited liability company pursuant to duly enacted resolutions or other action of such corporation or limited liability company and that this Lease is binding upon said corporation or limited liability company in accordance with its terms. 25 LEASEAGREEMENT City of Renton to Bosair,LLC(Parcel 800) AGENDA ITEM #6. b) me TENANT BOSAIR,LLC a Washington limited liability corporation Na Title Date LEASEAGREEMENT City of Renton to Bosair,LLC(Parcel 800) LAG LANDLORD: THE CITYOF RENTON a Washington municipal corporation Armondo Pavone Mayor Attest:Jason A.Seth City Clerk Date Approved as to legal form: City Attorney 26 Q3hq AGENDA ITEM #6. b) ) have satisfactory evidence thak Kwr*'@0509”is s@acknowledgedthat s,@signedthis instrument,on 0th M or!lCJ mml (bl/32132 . STATE OF WASHINGTON ) ss. COUNTY OF KIM \J I certify that I know or the person who appeared before me,and stated that s h was authorized to execute the instrument and acknowledged it as the of [30 64 ”L LLC a +L‘1al’k'l’to be the free and voluntary act of such [Dell‘s o n for the uses and purposes mentioned in the instrument Dated this m?dayof at V 202(. \'llI, nature of Notary] Tut/13cmA 011/11) [Print Name of Notary] ‘\|IIIIII"lll Notary Public in and for the State of Washi n,residing at "mu“My co ssion expires: STATE OF WASHINGTON SS. COUNTYOF I certify that I know or have satisfactory evidence that is the person who appeared before me,and s/he acknowledged that s/he signed this instrument,on oath stated that s/he was authorized to execute the instrument and acknowledged it as the of a to be the free and voluntary act of such for the uses and purposes mentioned in the instrument Dated this day of 20__. [Signature of Notary] [Print Name of Notary] Notary Public in and for the State of Washington,residing at My commission expires: LEASEAGREEMENT City of Renton to Bosair,LLC(Parcel 800) djcvq " LAG AGENDA ITEM #6. b) of Notary] Notary Publicin and for Washington,residing at My commission expires: STATE OF WASHINGTON ) SS. COUNTYOF I certify that I know or have satisfactory evidence that is the person who appeared before me,and s/he acknowledged that s/he signed this instrument,on oath stated that s/he was authorized to execute the instrument and acknowledged it as the of a to be the free and voluntary act of such for the uses and purposes mentioned in the instrument. Dated this day of 20 [Signature of Notary] [Print Name the State of STATE OF WASHINGTON ) ss COUNTYOF I certify that I know or have satisfactory evidence that is the person who appeared before me,and s/he acknowledged that s/he signed this instrument,on oath stated that s/he was authorized to execute the instrument and acknowledged it as the of a to be the free and voluntary act of such for the uses and purposes mentioned in the instrument. Dated this day of 20 [Signature of Notary] [Print Name of Notary] Notary Public in and for the State of Washington,residing at My commission expires: 28 LEASEAGREEMENT City of Renton to Bosair,LLC(Parcel 800) AGENDA ITEM #6. b) Lease Mgg and Legal Descrigtiog LEASEAGREEMENT City of Renton to Bosair,LLC(Parce|800) EXHIBITA [ATTACH] LAG 29 AGENDA ITEM #6. b) «rm1%was 55s S2.: v r1.”3 LAG 29..MMO.NE‘2%.Muz:mom.cum:ii.m0>>m SD0m0200M00 1Nw', auaaEUV E . VHHOO?? \ I.\|\.I AlE x .J Nk _ a F.T.mF N _QmXS ,L.O __ 0 o.RA0mPEom D.R0AA2 umxaa. 7 20.5mm SHOE.Dmmom?doz.EGGonmmizznma23.33::oamziu22in12622302Begin”3.2m:2%mu3%:2%?NEW.>83:2.nmzaEzmonEm3232223322223.Gmmgmtmxma3inncmzo20me$3355$232 i:32:02owEm2“\monmmnuozV.SEmEnE293:.2>2nmanmay5225?:223?. st:2:208:22n2.1432.2032ammo»mmu\G98.6.1mg$522333nowim2%samm£232292::»Ea».8.SE.23522232:sz>20{mm0» 82529203fmmoci053%822mmonman#6462Nin:mmzmmxommc>:292Pomcmmon25.08 www??im.ww?m?mmw?mmwkm?mzwmvk?m?wwwW??w?mm?mzmmohwym??mzom‘5£2.23532232;“.moci2m3:2:me22mmmmz8232mm>2232:33322362‘:nmoumanmcm<mx...spamming963%.2:22ini3(may2020MED95be2.).”NmucEimam?lmznmmumjduas.mm0cINNHOHIM VQZN0+:meZZ‘ZQ Emznm8222220m3.3.§.§P:32mm:Eman23:93.::quRm:EMOWZD imznmmmuéqui,237$Tmm?Emznmziumue?r:31mm:Emznm zaoimm?33wmma.EgonEwai?admaRm:Emznmmaxmuw?N38|l|I3:23322m H38Emwas:cn592222.“.I‘l11094mm:2mme2§< lIlmmgoz22m 829.2229hmumoxiim:$.32moimmmm:onm8RamRim22m '0‘SEE82.3mmmmnaoz822$ NDCZOmmndoznomme 30mums-nuns:mun nu mun FINN-l W Paa?f mums nL:mm.-|JSOEG-SURV—EX-L EXHIBIT "A' 0.15066 PROACI w CITY OF RENTON LEASE PARCEL 800 1'wlDO' scan: w/W/os mauvm 5w mints I":ma EJV JEAQ mar JArr- suavsrm mum Er.- usr 57m LEASE City 0' S?n AGENDA ITEM #6. b) EXHIBITB Aircraft Laws and Regulations, RCW 47.68.250:Public Highways and Transportation. [See following.] LEASEAGREEMENT City of Renton to Bosair,LLC(Parcel 800) LAG 31 AGENDA ITEM #6. b) Everyairoranshall be registered with medepartment hr each calendar year in which rh aircralt is operate!or is basad withinthis State.A tee of ?fteen dollars shall be charged each such registration and each annual renewal thereot. alteor‘tvefade relating to ownersirrp and airworthiness orthe mural and payrrte tor the excise tax imposed t7]Title QZFtCWtor the privilege cl using the alrm?‘mis state during the year tor which the registration is sought.and payment orthe registration lee required by rh 51m" The registrationno inunsedby this section shall he payable to and optioned by rho secretary The fee let any calendar year must be paid during the month at January.and shall he collected by the secretary at the tirm at the collectionby him or rat at the said excise tax. IIthe secretary is satis?edthat the raquimrmms tor registration of the aircraft have been me). he or SID shalt thereupon issue to the owmr OHMaircratt a semi?nals 0|registration therefor,Thesecretary shall pay to the state treasurer the registration tees collected u this section.whichregistration lees she!be credited to the aeronautics account in the Mm?it shall nut be necessary luvthe rogisrrant to provrdothe secretary wrrhongrnais or some‘Washtn ol todemlcerti?cates.permits ratings.or licenses.The secretary shall issue certi?cates 0! rogrsuarian.or such other widenoes orregistration or payment at tees as he or she may deem pro r:and in contraction therewith may prescribe requirements for the possession,I and Bxhib'nionat such mni?cates or otter evidences. swim 5mhs—u' sive politicalsubd’wisiantttereot.rnctuo'rngthe government ofttte United States any slate. territory.or possession orthe United States.or the DistrictorColumbia,which is not engaged in oenytng personsor property tor commercialpurposes: (3)An aircraftwhich is owned by a nonresident and re 'rod In another state OVIDED.ThatWsaid aircratt shall remain in and/or be in this state for a nstitu uractu testtamperimenlalpurposes.or lot mopurpose at training orews rorpurchasers orthe arm:: (6)Anairmail being held tor sale.exchange.delivery.last.or nonransrrarion purposes salary as stock in tram at an airmandealerlicensedunder Title11 ROW: (7)Anaircraft basedwitnin the stars that is rn an unairwonhy mnd‘rtiort.is not operated hin the registration period,and has obtained awrilten exemption issued by rhs secretary The secretary shall be noti?ed wrthinthirtydays orany change in ownership at a Inside the Legislature *Find Your Legislator 1-Visitingthe Legislature t Agendas,Schedules and ROW 47 68 250ndars *BillInformation Registration of a rcraft t s and Ageno/Rules 1*LegislativeComm 3 1:legislative Agencies,Legislative Information Center ‘-E-mailNoti?cations (Listserv) *CivicEducation 1*Historyof the Legislature Outside the Legislature 1-Congress -the Other Washi n t t Washington Courts 1:OFM Fi Note Website gton‘ all-nu Ml.l'vmul Ibo-I- LEASEAGREEMENT City of Renton to Bosair,LLC(Parcel 800) 47.68.240 <<47.68250 >>47.68255 for Possession of the appropriate ral certi?cate.permit,rating,or license is section shall be the only requisites for regi on of an aircraft under this section. nder transponation fund. The provisions of this ion shall not apply to: (1)An aircraft owned by and used exclu ly in the service of any govemment or any (2)An aircraft registered under the laws of a foreign country: PFl periodof ninety days or longer it shall not be exempt under this section; (4)An aircraftengaged principally n commercial flyingco ting an act of interstate or foreign commerce; (5)An aircraft owned by the commercialman rer thereofwhile being operated for wit AGENDA ITEM #6. b) ragislsled airman.me "mince-ion shall comain weN,NC.NR.NL or Nx number oi me aimla?,meiuu name and ms at the former m.and the inn name and addmss cl new owner.Fol raiime in so non'lyire secretary.meregisneiion 0mm malt may be ranceled by memum.subpcl ie mnstalemanl upon application an paymn!pi a 513's A municim?ty or pan dlsuicl that owns.opsvalas,or bases an airport.as de?ned in ROW amaze,with the men:to opalale.shall vaquire irom an airman owner prooi oi aimla'l registralon as acondilion a!leasing a!selling ciedawnor hanger space re:an aucta?.nismemsponsib?ily of mahssae or purchaser to register lhe aim".The aimn shall work with meevieiian ifrvlsion to assist In uselicits lo mglslal aircraft in providing niaimaiion about based aiiuan on an anma|basis as rawested by medivision. ima::ns§4;lmc302§z;1mc wasI.I995:Im§a:lm¢zua§7;lae7czn§3:ism iseg 205:i!67-x.s.c§§a;ISSSC I505 II:“#55495 12.$47:l65§25:mmi Supp IM9§men-ms. um. CW See Aimla?dealers:Chapter “.20 ROW. De?nilionoi lsrms:How 14 29 mg.m. rein ment fee often dollars by the new owner. Formerly ROW ] LEASEAGREEMENT City of Renton to Bosair,LLC(Parcel 800) LAG the 33 Notes: Effective date —2003 c 375:See note iol ow g Rn 47.68 240. Severability —1987 c 220:ote to low 9 HOW 47.68230. AGENDA ITEM #6. b) of Renton 4 2009 8:42 J> WVlNOO A3 Oi 133J‘#LO0Na1 50 6 Survey Au hor: 33N3Hl Dra wi Brown 33N3HlO.UWOd9NO7VOJLQQNL,££‘.88$NHWWOO\’WVMNI3diVHi [MM-69MWWW5X3GN 9M e:Half Size.ctb 91 f‘?'l7f" NuumumNS2ww2.2u,w.J,3_\_.mNzwwLm3.ZOASmduzé\Vmm?vrw. -Dmmmmzudozu deOZ9.:?lm2“\Mm 320OOCijSSMEZQ. QZQx3.?lmMQCHIOh Aim.waMGQIUD.3&0 Vzm.uMQQm?mm?HO3 wkbH>X§S<ab...mmm? {umeZZEOh OOZUZSZOmmm40qV=F mmu4©4VJ§“M9903m WWWMNS?mm?.?lm?.?lmEQZHOm.meZZ, <20>U3~OX§>HmhKmm N000 .5512m" N1“ng?h?‘lhhd?unuuiigu V?mmOdOZNHOEZMI: V102.Dme?mmD>m$19. 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ANO SURVEYED WHP CHECKED BY:CITY OF RENTON DRAWNBY:EJV APPROVED BY: ”2””W”LEASE PARCEL 800 WHPi??E )(H "£133."?1922}3§5'°3°° l ,.. RENTON 425-951-4000 Fax 425-951-4808 SCALE:,,PROJECT NO.DRAWING FILE NAME:WWW-"mam“ 1 =700 0.35066 35066—SURV—EX—L AGENDA ITEM #6. b) AB - 3800 City Council Regular Meeting - 14 Apr 2025 SUBJECT/TITLE: Amendment 1 to CAG-24-023 with WSP USA Inc. for the Lind Ave SW Storm System Improvement Project RECOMMENDED ACTION: Refer to Utilities Committee DEPARTMENT: Public Works Utility Systems Division STAFF CONTACT: Troy Solly, Surface Water Civil Engineer III EXT.: 7313 FISCAL IMPACT SUMMARY: Amendment No. 1 to CAG-24-023 with WSP USA Inc. increases the total amount of this agreement by $349,657, from $549,954 to $899,611. Services provided under this amendment are associated with the design of water quality treatment facilities. This work is funded by a Water Quality grant from the Department of Ecology (CAG-24-261) in the amount of $297,500 approved by Council on December 9, 2024. Additionally, the proposed 2025 Carry Forward/Q1 Adjusted Surface Water Utility Capital Improvement Program budget for this project (427.475523.015.594.31.63.000) is $1,161,463.31, includes sufficient funding to cover the city’s matching requirement. SUMMARY OF ACTION: The Lind Ave SW Storm System Improvement project was initiated to reduce flood risk along SW 43rd Streetby designing and constructing a new 48-inch trunk line storm system along Lind Ave SW and SW 39th St that would discharge to Springbrook Creek. Under existing conditions, untreated stormwater runoff from Lind Ave SW and SW 39th St is discharged directly into Springbrook Creek. At the discharge point for this project, Springbrook Creek is categorized by the Washington State Department of Ecology to be impaired across multiple water quality indicators. The Lind Ave SW Storm System Improvement project provides an opportunity to add runoff treatment retrofits to reduce pollutant discharge to Springbrook Creek. PW/Surface Water Engineering secured a grant (CAG-24-261) from the Department of Ecology thatfully covers the design of water quality treatment facilities. With this grant, the scope of this project expanded from a drainage improvement project to a multi-benefit project that would providetreatment for stormwater runoff along Lind Ave SW from SW 43rd St to SW 39th St and along SW 39th St from Lind Ave SW to Springbrook Creek. Treatment facilities installed along the project corridor would discharge to the proposed 48-inch pipe.The treated area consists of approximately 6 acres, with roughly 4 acres of pollution generating impervious surface. The drainage subbasin is zoned as mixed commercial arterial, commercial office, industrial light, and industrial medium. Roads within the project area have sidewalks, planter strips, and curb and gutter, but have no stormwater runoff treatment facilities. The existing agreement with WSP USA, Inc. covers the design of the conveyance improvements up to30%.This amendmentadds engineering services associated with the design ofwater quality treatment facilities covered by the Ecology grant. These servicesinclude preliminary (30%) design to identify the types, sizes, and locations of the stormwater quality retrofits, 60% and 100% design, as well as datacollection, reporting, and modeling work required to deliver these submittals. The design of water quality treatment facilities on this project will be evolved in tandem with the drainage improvements design. A future amendment associated with the AGENDA ITEM #6. c) engineering services required for final design of the drainage improvements is anticipated in the fourth quarter of 2025. The addition of the water quality treatment design work will not impact the overall project schedule for construction, which is planned to start in 2027. EXHIBITS: A. Site Map B. Amendment No. 1 STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute Amendment No. 1 to CAG-24-023 withWSP USA Inc.in the amount of$349,657for engineering services associated with the design of water quality treatment facilities along the corridor oftheLind Ave SW Storm System Improvement Project. AGENDA ITEM #6. c) 9,028 752 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. None 5/23/2023 Legend 5120256 THIS MAP IS NOT TO BE USED FOR NAVIGATION Feet Notes 512 WGS_1984_Web_Mercator_Auxiliary_Sphere Information Technology - GIS RentonMapSupport@Rentonwa.gov Pump Station Public Pump Station Private Pump Station Discharge Point Public Discharge Point Private Discharge Point Pipe Public Pipe Private Pipe Public Culvert Private Culvert Public Roofdrain Private Roofdrain Open Drains Facility Outline Facility Transfer Inactive Pipe Inactive Discharge Point City and County Labels Parcels City and County Boundary <all other values> Renton Streets Parks Waterbodies NN PROJECT AREA PROJECT OUTFALL SP R I N G B R O O K C R E E K Exhibit A - Site Map Lind Ave SW Storm System Improvement Project TREATEMENT BMPS TO BE LOCATED WITHIN ROW DIRECTION FLOW, TYP. AGENDA ITEM #6. c) AMENDMENT NO. 1 TO AGREEMENT FOR LIND AVE SW STORM SYSTEM IMPROVEMENT PROJECT THIS AMENDMENT, dated for reference purposes only as March 21, 2025, is by and between the City of Renton (the “City”), a Washington municipal corporation, and WSP USA Inc. (“Consultant”), A New York corporation. The City and the Consultant are referred to collectively in this Amendment as the “Parties.” Once fully executed by the Parties, this Amendment is effective as of the last date signed by both parties. Whereas, the City engaged the services of the Consultant under Agreement CAG-24-023, dated November 29, 2023, to provide necessary services for the Lind Ave SW Storm System Improvement Project (referred to herein as the “Agreement”); Whereas, the Parties wish to amend the Agreement to change the scope of work, change the time for performance, and change the compensation in order to design water quality treatment retrofits. NOW THEREFORE, It is mutually agreed upon that CAG-24-023 is amended as follows: 1. Scope of Work: Section 1, Scope of Work, is amended to add work as specified in Exhibit A-1, which is attached and incorporated herein. 2. Time of Performance: Section 3, Time of Performance, is amended pursuant to the schedule(s) set forth in Exhibit B-1. All Work shall be performed by no later than June 30, 2026. 3. Compensation: Section 4, Compensation, is amended so that the maximum amount of compensation payable to Consultant is increased by $349,657 from $549,954 to $899,611, plus any applicable state and local sales taxes. The additional compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit C-1,which is attached and incorporated herein. 4. All terms of the Agreement not explicitly modified herein shall remain in full force and effect and such terms shall apply to Work performed according to this Amendment as if fully set forth herein. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Amendment as of the date last signed by the Parties below. AGENDA ITEM #6. c) PAGE 2 OF 2 CITY OF RENTON By:_____________________________ CONSULTANT By:____________________________ Armondo Pavone Mayor, City of Renton Ginette Lalonde Senior Director, Seattle Water _____________________________ Date _____________________________ Date Attest _____________________________ Jason A. Seth City Clerk Approved as to Legal Form By: __________________________ Cheryl Beyer Renton City Attorney Contract Template Updated 06/17/2021 AGENDA ITEM #6. c) Exhibit A-1 City of Renton Lind Ave SW Storm Improvement Project Water Quality Retrofit Scope of Work - Final 03-13-25 Introduction The purpose of this scope of work is to provide design engineering services in support of stormwater quality retrofits along Lind Ave S, between SW 43rd Street and SW 39th Street, and SW 39th Street between Lind Avenue S and its westerly terminus (cul-de-sac). The limits of the stormwater quality retrofit potion of the project coincide with proposed stormwater conveyance improvements. The engineering design work includes preliminary design (approximately 30%) to identify the types, sizes, and locations of the stormwater quality retrofits as well as any other data necessary for final design and plans preparation. A Draft Design Report for the stormwater quality retrofits will coincide with the submittal of the conveyance project Final Design Memorandum completed as part of the stormwater conveyance portion of the project. Additional stormwater quality submittals, including 60% through 100% design, will generally coincide with the stormwater conveyance project submittals . The following tasks beginning at Task 50 (Task no. 50 was selected to allow for future task to be added sequentially to the existing conveyance contract) will be added to the contract for the design of stormwater quality retrofits. Where task match up with the Ecology Grant Agreement, the grant agreement task number is included as reference. Task 50 – WQ Retrofit Administration, Meetings, and Quality Assurance The City of Renton (City) received a water quality retrofit grant from the Washington State Department of Ecology (Ecology) to provide enhanced treatment along the project corridor. This task includes setting up a work plan, preparing an amendment with the City for this supplement work, tracking the work under this task separately in terms of costs and efforts (as subtasks within the original contract). This task includes: • Monthly progress reporting on WQ Retrofit activities and costs. Costs will be tracked and summarized separately from the Conveyance project. These costs will be tracked as part of ECY Task 3. • Miscellaneous coordination with the City using email and telephone conversations. Most coordination is assumed to be completed by monthly 30-minute status calls. • Development of Work Plan for project including scope, budget, assignments, and deliverables. • Updating a project schedule to reflect the WQ Retrofit integrated with the Conveyance project. • Quality assurance and tracking of quality control of project deliverables. Task 50 - Assumptions • The project duration is anticipated to be from approximately December 2024 through June 2026. If the project schedule is extended, it could result in additional project management effort. • All coordination with Ecology will be through the City (applies to all tasks). Task 50 - Deliverables AGENDA ITEM #6. c) • Project correspondence as needed. • Monthly Progress Reports. • Up to twenty 30 minute monthly status calls Task 51 – SEPA Checklist (ECY Task 2.3 and 2.4) Consultant will prepare a Draft and Final SEPA checklist using the standard form from the Department of Ecology. The SEPA Checklist will cover both the water quality retrofit project and the storm conveyance project. Consultant will assist City is responding to any comments received. Task 51 - Assumptions • The CITY will complete the Cultural Resources Review Form and the Inadvertent Discovery Plan (ECY Tasks 2.1 and 2.1) • The City will be the SEPA lead agency. • CONSULTANT will not complete Part 4 – Supplemental Sheet for Non-Project Proposals of the standard form as it is only used for non-project actions. • No new environmental field investigations are included in this task. • Information provided on the SEPA checklist will be based on publicly available information and Critical Areas Assessment completed for the storm conveyance project. • For SEPA checklist, it is assumed the Storm Conveyance Project and Water Quality Retrofit project are combined. • Project activities are expected to result in the issuance of a Determination of Non - significance (DNS). • Public notifications will be coordinated by the CITY • This work will proceed with other permitting task completed as part of the storm conveyance task. • The City will make the final SEPA determination (no work by WSP) Task 51 - Deliverables - Draft SEPA checklist (for City and Ecology review only) - Final SEPA checklist Task 52 – Preliminary Design for Water Quality Retrofit (ECY Task 3.2) The City received a water quality retrofit grant to provide enhance d treatment along the project corridor where conveyance improvements are proposed (currently planned from the intersection of SW 43rd St and Lind Ave SW, north along Lind Ave SW to SW 39th Street and then west along SW 39th Street to outfall at Springbrook Creek). This alignment is preliminary and may be subject to change. This task will include the development of a Water Quality Retrofit Design Report for review by the City and Ecology. The report will include the following elements: - Review and identify potential locations for treatment BMPs and assess their feasibility (e.g., BMPs to be likely located around existing inlets and will need to consider available space (within ROW), sidewalk restoration, potential ADA compliance, maintenance access, and utility conflicts). This work will also include inlet spacing analysis calculations to ensure that when the new treatment units are located, they will meet City standards. - Review and selection of type of treatment BMP system (e.g., consider most appropriate BMP systems (with target of enhanced treatment for metals having Ecology’s GULD) such as modular wetland, Filterra, EcoStorm Plus, BioPod or other City requested treatment type BMPs). Depending on the individual site constraints, different type BMP systems may be recommended for AGENDA ITEM #6. c) different locations. Treatment options will be evaluated based on factors such as existing infrastructure, landscape integration, utility conflicts, spatial constraints, cost, and maintenance requirements. - Identification of potential utility conflicts and need for additional potholing. The existing survey base map will be the basis for the stormwater quality pre-design. Additional survey needs, including potholing, will also be identified as part of the pre-design work. Consultant will assess whether planned potholes for the proposed trunkline can also be used to provide data for WQ treatment BMPs. Any potholes required will be completed under the Task 54 Allowance Supplemental Surveying and Potholing. - Preliminary sizing that includes a simple hydrologic model (using WWHM or MGSFlood software) to estimate water quality treatment and bypass flow rates. Sizing and analysis will follow sizing requirements as set forth in the 2019 Surface Water Management Manual for Western Washington (2019 SWMMM) to provide enhanced treatment of the individual catchment areas. - Sizing of the treatment units. - Preliminary plan and profile for each proposed BMP. - Assessing roadway restoration that may be required (e.g., sidewalk reconstruction, ADA compliance, curb replacement, landscape restoration/irrigation, pipe installation for downstream connection, and utility conflicts). - Estimating the construction cost of the water quality retrofits. Task 52 - Deliverables • City Draft Preliminary Water Quality Retrofit Design Report (PDF and Word) • Ecology Draft Preliminary Water Quality Retrofit Design Report (PDF and Word) – Including properly calculated preliminary equivalent new/re-development area. • Preliminary project GIS shapefile of planned areas that would receive treatment (in Ecology requested format) Task 52 - Assumptions • Any survey or potholes required will be done under the Allowance Task. • Consultant will attempt to collect and treat as much roadway area as possible along the alignment recognizing that some areas will not be feasible. • City prefers stormwater BMP types that do not require vegetation maintenance. • City to provide input on policy for replacing ramps when needed to meet ADA compliance. • The Final Water Quality Retrofit Design Report will be completed at the 90% design submittal. • All deliverables to be submitted to ECY need to meet requirements outlined in ECY’s Stormwater Deliverables Guidance document Task 53 – Response to Ecology Design Report Comments (ECY Task 3.3) Consultant will prepare responses to Ecology’s comments on the draft report. Draft responses will be prepared for City review. City comments will be incorporated into a flnal set of comment responses. Task 53 - Deliverables • Draft Responses to Ecology Comments on Draft Report for City Review • Responses to Ecology Comments for submittal to Ecology AGENDA ITEM #6. c) Task 54 - Allowance for Supplemental Surveying and Potholing (ECY Task 3) This task includes an allowance for supplemental potholes that are needed to identify potential utility confiicts. An allowance of $20,000 is included in this task to cover potholing and associated traffic control and restoration. Task 55 - 60% Plans, Specifications and Estimate (for City Review) (ECY Task 3) The Consultant will prepare a 60% design submittal for review. The 60% submittal shall include drawings, technical speciflcations, and a construction cost estimate. The water quality elements will be designated as a separate bid schedule from the storm conveyance project. The basis for the technical speciflcations will be the 2025 Standard Speciflcations prepared by the Washington State Department of Transportation and the American Public Works Association (Standard Speciflcations). The Consultant will write sections of the technical speciflcations for items not included in the Standard Speciflcations. The Consultant will also prepare the bid table. It is anticipated that seventeen (17) drawings will be sufficient to adequately describe the work. The engineering fee estimate is based on the following drawing list: - Plan Sheets – 8 - Proflle Sheets – 3 - Detail Sheets – 3 - Structure Summary Table Sheet - 1 - ADA Ramp Improvement Detail Sheets - 4 Task 55 - Deliverables • 60% Plan Set • 60% Special Provisions • 60% Cost Estimate and Bid Schedule Task 55 - Assumptions • Drawing list is preliminary and may be revised based on recommended improvements during the work of Task 52. It is assumed that private utilities will be responsible for relocating their facilities (unless the City decides it’s important to work around the utility) and that the contractor will need to coordinate with these utilities. • It is assumed the City will send the 60% plans to affected private utilities with request for relocation planning. It is assumed that the City will take the lead in coordinating the effort with the utility companies. • The City will be responsible for printing and reproduction, if any needed. • The City will perform any coordination required with property owners. • Construction and permanent easements, if needed, shall be prepared and obtained by the City. • It is assumed that the traffic control plans for individual retrofit BMPs will not be needed and that the overall traffic control plan for the storm trunk line can be annotated with notes and specifications to describe supplemental traffic control for BMP unit construction. • A specific dewatering plan will not be included. Criteria for dewatering will be provided in the specifications based upon the geotechnical report. The Contractor will be responsible for developing a detailed dewatering plan. • No temporary or permanent irrigation is assumed to be needed. AGENDA ITEM #6. c) • Roadway pavement marking restoration will be specified to match existing. It is assumed design of pavement restoration marking is not required. • The design budget assumes up to a total of four (4) new ADA ramps will be required where intersection quadrants are disturbed (e.g., where curb/gutter and sidewalks are disturbed with new catch basins in an intersection quadrant for the water quality retro fit). It is assumed that no work associated with electrical signals/push button pedestals, (e.g., crosswalk signal, power for lighting, or grading (beyond replaced sidewalk panels and new ramp) will be required. Task 56 - 90% Plans, Specifications and Estimate (for City and Ecology Review) (ECY Task 3) The City will provide written comments to the Consultant on the 60% design submittal. It is assumed that the City comments will be combined on one set of plans and speciflcations and that confiicting comments between City departments will be resolved. In addition, the City will provide the City-prepared portion front end of the Contract Documents and recent speciflcation examples for review by the Consultant. The Consultant will address the comments and submit 90% Plans, Speciflcations and Cost Estimate (for City and Ecology review). Task 56- Deliverables • 90% Plan Set • 90% Project Manual (PDF and Word) • 90% Cost Estimate and Bid Schedule Task 56 - Assumptions • See Task 55 Assumptions Task 57 - Utility Relocation Plans (optional) (ECY Task 3) This is an optional task and must be requested by the City in advance for its use. This task include effort to design utility relocations including water, sewer, individual services which may be need for the proposed improvements. This task includes an allowance of 120 hours and includes the effort during 90% and Bid Set deliverables. Task 58 - Final Pre-Design Report (ECY Task 3) Consultant will flnalize the predesign report to incorporate changes from addressing the 60% review comments and to refiect the new 90% Design. Task 58 - Deliverables • Final Design Report Task 58 - Assumptions • See Task 55 Assumptions Task 59 - Responses to Ecology 90% Review Comments (ECY Task 3.6) This task includes preparing responses to Ecology comments on the 90% PS&E submittal. It does not include updating the drawings. Draft responses will be prepared for City review. Final responses will be prepared that incorporate City comments. Task 59 - Deliverables • Responses to Ecology 90% Comments for City Review • Responses to Ecology 90% Comments for Ecology Review AGENDA ITEM #6. c) Task 59 - Assumptions • See Task 55 Assumptions Task 60 - Preliminary Equivalent New/Redevelopment Area Determination and Shapefile (ECY Task 3.8) This task includes summarizing the areas (in acres) to receive treatment as well as providing the City/Ecology with GIS shapeflles of the areas to be treated. Task 60 - Deliverables • Summary and GIS shapefiles of areas to receive treatment. Task 61 – Bid Set Plans, Specifications, and Estimate (ECY Task 3) The City will provide written comments to the Consultant on the 90% design submittal and review Consultant’s response to Ecology 90% review. It is assumed that the City comments will be combined on one set of plans and speciflcations. The Consultant will address the comments and submit Final (bid ready) Plans, Speciflcations and Cost Estimate. Task 61 - Deliverables • Final Bid Set Plans, Project Manual and Cost Estimate based on Ecology and City Review of 90% Set Plans. Final deliverables to be sealed. Task 61 - Assumptions • See Task 55 Assumptions AGENDA ITEM #6. c) City of Renton SW 43rd St and Lind Ave SW Storm System Improvement Project Water Quality Grant Work Schedule - Dated 3-13-25 Preliminary Schedule (not may be adjusted to coinside with storm trunk line final design) Task April May June July August Sept Oct.Nov.Dec.Jan.March April May June 50 - Project Management 51 - SEPA Checklist 52 - Pre. Design Report City/Ecology Review 53 - Rev. Response 54 - Survey Allowance 55 - 60% PS&E City/Ecology Review 56 - 90% PS&E City/Ecology Review 57 - Utility Relocation 58 - Final Des. Report City/Ecology Review 59 - Rev. Response 60 - Retrofit Area 61 - Bid Set PS&E w 2025 2026 Exhibit B-1 AG E N D A I T E M # 6 . c ) Client Name:City of Renton Project Name:Renton Lind Ave SW WQ Retrofit Date:3/13/2025 Firm Name/Role Total Hours Rate Total Labor 50 - Project Management 51 - SEPA Checklist 52 - Pre. Design Report 53 - Rev. Response 54 - Survey Allowance 55 - 60% PS&E 56 - 90% PS&E 57 - Utility Relocation 58 - Final Des. Report 59 - Rev. Response 60 - Retrofit Area 61 - Bid Set PS&E WSP Mike Giseburt 137 272.49$ 37,331.02$ 48 2 30 4 2 19 15 4 - 2 - 11 WSP James Ellis 158 233.20$ 36,845.54$ 17 4 40 2 4 28 28 8 8 4 2 14 WSP Kade Burns 374 190.34$ 71,185.38$ - - 120 12 8 77 67 16 16 16 - 42 WSP Casey Urban 768 150.83$ 115,838.27$ - - 232 - - 192 172 50 16 8 6 92 WSP Dan Roscoe 8 231.85$ 1,854.78$ - 8 - - - - - - - - - - WSP Brandon Stimac - -$ -$ - - - - - - - - - - - - WSP Sharie Wong 38 105.93$ 3,972.27$ 38 - - - - - - - - - - - WSP Nora Bretana 24 132.32$ 3,175.71$ - 4 8 - - - 8 - 4 - - - WSP Michele Parvey - -$ -$ - - - - - - - - - - - - WSP Blake Knobbe 72 123.81$ 8,914.30$ - 72 - - - - - - - - - - WSP Miranda Hagadorn - -$ -$ - - - - - - - - - - - - WSP Megan McIntyre - -$ -$ - - - - - - - - - - - - WSP Danny De La Cruz 184 171.05$ 31,473.45$ - 8 8 - - 50 50 42 - - - 25 WSP 0 - -$ -$ - - - - - - - - - - - - WSP 0 - - - - - - - - - - - - WSP Subtotal 1,828.5 329,544.89$ 115 98 444 20 14 382 352 120 48 32 8 195 1,829 115 98 444 20 14 382 352 120 48 32 8 195 329,544.89$ 24,462.36$ 14,144.55$ 79,485.79$ 4,414.75$ 3,000.46$ 68,537.49$ 62,437.39$ 20,726.63$ 9,002.28$ 6,304.16$ 1,371.39$ 35,657.65$ SUBS - BY TOTAL AMOUNT Total 1-Alliance 20,000.00$ -$ -$ -$ Total Subs 20,000.00$ Total Mileage 112.00$ 0 -$ 112.00$ 349,657$ Other Direct Costs Total Other Direct Costs TOTAL PRICE EXPENSES - SUMMARY - WSP ONLY Total Labor Revenue Subs LABOR - WSP by Task Total Labor Hours Exhibit C-1 AG E N D A I T E M # 6 . c ) AB - 3801 City Council Regular Meeting - 14 Apr 2025 SUBJECT/TITLE: Change Order No. 1 with R.L. Alia Company for the Burnett Ave S and Williams Ave S Storm System Improvement Project RECOMMENDED ACTION: Refer to Utilities Committee DEPARTMENT: Public Works Utility Systems Division STAFF CONTACT: Troy Solly, Surface Water Civil Engineer III EXT.: 7313 FISCAL IMPACT SUMMARY: Funding for Change Order No. 1 to CAG-24-098 with R.L. Alia Company in the amount of $270,425.00 is available in the approved Surface Water Utility Capital Improvement Program budget for the Burnett Ave S and Williams Ave S Storm System Improvement Project (427.475517.015.594.31.63.000). 2025 Q1 Adjusted Budget - $2,689,687 YTD expenditures thru March 1, 2025 - $479,894 Remaining amount owed on existing contracts - $863,351 Change Order #1 Amount - $270,425 Remaining Budget if change order 1 is authorized - $1,076,017 SUMMARY OF ACTION: Construction of the Burnett Ave S and Williams Ave S Storm System Improvement Project began in October 2024. This project improves stormwater drainage and storm water quality through the installation of approximately 2,650 feet of new storm pipe, 49 structures, and two stormwater quality treatment units. Following trenching and storm system installation on Williams Ave S between the Cedar River and the intersection with Tobin Ave S, the project team determined that restoring pavement in that portion of the project through asphalt overlay will not be feasible. The right-of-way in this area contains a dense network of underground utilities whose installation over the years has resulted in multiple trench patches and a poor/uneven road surface. If the contractor were requested to restore pavement through grind and overlay, it would result in the same substandard pavement depth and uneven road surface that would not meet current city street restoration standards. Surface Water Engineering determined that a full depth road replacement in this area is needed to achieve a road surface and pavement depth that meets current city standards, with a higher quality and more durable (i.e. sustainable) product compared to the original plan. This deviation from the original pavement restoration approach requires executing Change Order 1 to increase the Hot-Mix Asphalt (HMA) and Crushed Surface Top Course (CSTC) quantities. Change Order 1 adds a new bid item to pay forfull depth road excavation on Williams Ave S from the intersection with S Tobin S to roughly the Williams AGENDA ITEM #6. d) Ave S bridge over the Cedar Riverat a cost of$119,925.Additionally, Change Order 1 increases the quantity of trench backfill associated with storm system installation work on the entire project. This quantity was miscalculated by the consultant team and the maximum has already been reached, with substantial storm system installation work remaining. The cost associated with theincrease in material quantitiesis $150,500.The following is a breakdown of the costs of the additional work reflected in Change Order No. 1 which amount to $270,425. Bid Items – Schedule B Surface Water Increase quantity for select borrow for trench backfill. This increase is needed to account for backfill around structures as described in the bid item(s) for structures and required to complete the work. Unit price per original contract. B10 $150,500.00 Increase quantity for crushed surfacing top course (CSTC) related to placement of 6” of CSTC for full depth road replacement on Williams Ave S. Unit price per original contract. B11 $22,400.00 Increase quantity for HMA for Trench Patch, CL 1/2" PG 58-22 related to placement of 6" of HMA for full depth road replacement on Williams Ave S. Unit price per original contract. B12 $61,975.00 Increase quantity for HMA for Overlay, CL 1/2" PG 58-22 related to placement of final 2" of HMA for full road depth replacement on Williams Ave S.Unit Price per original contract. B13 $3,000.00 New Item. All labor, material, and equipment associated with demolishing and removing existing road surface, and excavation up to 14" deep in preparation for full depth road replacement on Williams Ave S. Unit price per original contract. B46 $32,550.00 Total cost of Change Order No. 1 (No Sales Tax Schedule B) $270,425.00 EXHIBITS: A. Change Order No.1 STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute Change Order No.1with R.L. Alia Companyin the amount of$270,425for additional quantities and one new bid item related to pavement restoration and trench backfillon theBurnett Ave S and Williams Ave S Storm System Improvement Project. AGENDA ITEM #6. d) C.O.#1 SUMMARY OF PROPOSED CHANGE: BID ITEM NO. Unit Type Est. Qty.Unit Price Total Amount B10 Ton 2,150 $70.00 $150,500.00 B11 Ton 320 $70.00 $22,400.00 B12 Ton 335 $185.00 $61,975.00 B13 Ton 20 $150.00 $3,000.00 B46 SY 930 $35.00 $32,550.00 Sub Total (Schedule B - Surface Water) No Sales Tax Schedule B CITY OF RENTON Additional Quantities Under This Change Order Description Public Works Department CONTRACT CHANGE ORDER AGREEMENT CONTRACT CAG#: CONTRACTOR: CAG-24-098 R.L. Alia Company Provide all labor, equipment, subcontracting, bonding, insurance for the complete work required for the extra work as outlined below: PROJECT NAME: Total INCREASE QUANTITY: Select Borrow for Trench Backfill to account for backfill around structures as described in the bid item(s) for structures. $270,425.00 $0.00 $270,425.00 INCREASE QUANTITY: Crushed Surfacing Top Course related to full depth road replacement on Williams Ave S. All labor, material, and equipment associated with demolishing and removing existing road surface, and excavation up to 14" deep in preparation for full depth road replacement on Williams Ave S. INCREASE QUANTITY: HMA for Overlay, CL 1/2" PG 58-22 related to placement of final 2" of HMA for full road depth replacement on Williams Ave S. NEW ITEM: Burnett Ave S and Williams Ave S Storm System Improvemet Project INCREASE QUANTITY: HMA for Trench Patch, CL 1/2" PG 58-22 related to placement of 6" of HMA for full depth road replacement on Williams Ave S. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-4088 Burnett & Williams Ave S\1600 Construction\1606-Change Orders\CO #1\SupDocs\CO #1_CAG-24-098 1 of 2 AGENDA ITEM #6. d) APPROVAL SIGNATURES: Approved By: Date: Approved By: Date: Approved By: Date: Approved By: Date: Ronald Straka, Utility Systems Director Approved By: Date: Martin Pastucha, PW Administrator Approved By: Date: Cheryl Beyer, Renton City Attorney Approved By: Date: Armondo Pavone, Mayor Attest: Date: Jason Seth, City Clerk $2,659,248.64 ESTIMATED NET CHANGE THIS $270,425.00 Joe Farah, Surface Water Utility Manager $2,659,248.64 ESTIMATED CONTRACT TOTAL AFTER CHANGE Troy Solly, Project Manager R.L. Alia Company, Title CURRENT CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $2,929,673.64 H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-4088 Burnett & Williams Ave S\1600 Construction\1606-Change Orders\CO #1\SupDocs\CO #1_CAG-24-098 2 of 2 AGENDA ITEM #6. d)