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AGENDA
Transportation Committee Regular Meeting
2:00 PM - Monday, February 11, 2019
Council Conference Room, 7th Floor, City Hall – 1055 S. Grady Way
1. WSDOT Acquisition I-405/NE 44 St. Interchange
a) AB - 2294 Community & Economic Development Department requests setting a public
hearing on February 4, 2019 to consider 1) authorizing the execution of Washington State
Department of Transportation (WSDOT) documents for a Temporary Easement and
Warranty Deed required as part of WSDOT's I-405 & NE 44th St Interchange (Exit 7)
project with compensation set at $20,000; and 2) authorize the disbursement of funds in
the amount of $10,000 to King County as required repayment of grant funds for the King
County Conservation Futures Levy.
2. Adoption of Title VI Plan
a) AB - 2310 Transportation Systems Division recommends adoption of a Title VI Plan
ensuring that the provision of benefits and services, and transportation decision making
are conducted in a non-discriminatory manner.
3. BEFA Lease Addendum
a) AB - 2296 Transportation Systems Division recommends approval of Addendum 10-18 to
LAG-001-87, with Boeing Employees Flying Association, to increase the amount of leased
square footage by 24,067, resulting in an increase of revenue in the amount $18,531.59
per year.
4. Rainier Flight Service Lease Agreement
a) AB - 2297 Transportation Systems Division recommends approval to execute a new 30-
year lease (LAG-19-001) with Rainier Flight Service, Inc. for parcels 800 and 820 at the
Renton Municipal Airport, and approval to terminate existing Rainier Flight Service, Inc.
leases LAG-14-005 and LAG-15-005 effective 5/31/2019. The new lease will generate up
to $156,117.60 annually, which is an increase of $3,508.51 annually over the current
leases.
5. Airport Preferred Airside Alternative
a) January Airport Open House Memo
b) Open House Summary
c) Open House Public Comments
d) Emailed Comments Received
6. Emerging Issues in Transportation
a) 608 Building - Northwest Seaplanes
b) PSE Hangar
AB - 2294
City Council Regular Meeting - 14 Jan 2019
SUBJECT/TITLE: WSDOT Acquisition for I-405 and NE 44th Street Interchange
RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee
DEPARTMENT: Community & Economic Development Department
STAFF CONTACT: Amanda Askren, Property & Technical Services Manager
EXT.: 7369
FISCAL IMPACT SUMMARY:
WSDOT is requesting a temporary construction easement for the Fawcett South property. The compensation
for the temporary take is set at $1,000. WSDOT is requesting a right-of-way take of a portion of the Fawcett
East property. The acquisition compensation is set at $20,000. Due to using grant funds in part to purchase the
Fawcett East property, the City is required to reimburse King County in the amount of 50% of the acquisition
compensation because the property taken by WSDOT will be converted from open space use to right-of-way
use. Because compensation is set at $20,000, $10,000 is the reimbursable amount due to King County.
SUMMARY OF ACTION:
The Washington State Department of Transportation is planning improvements to I-405 between SR 167 and
NE 6th Street in Bellevue, known as the I-405 Renton to Bellevue Widening and Express Toll Lanes Project.
They are currently finishing the preliminary design, environmental and right-of-way phases of the project and
are scheduled to release a request for proposals to design-build contractors in November 2018. The project
includes the total reconstruction of the I-405 and NE 44th Street Interchange (Exit 7). The City owns two
properties near the interchange improvements that will be impacted: one property on the west side of I-405
formerly referred to as the Fawcett South property, and one property on the east side of I-405 formerly
referred to as the Fawcett East property.
WSDOT is requesting a temporary construction easement for the Fawcett South property. The compensation
for the temporary take is set at $1,000. WSDOT is requesting a right-of-way take of 45,225 square feet and
leaving the City with the remainder of the parcel comprising 276,905 square feet according to the WSDOT
ROW Plan dated April 21, 2006 for the Fawcett East property. The acquisition compensation is set at $20,000.
Due to using grant funds in part to purchase the Fawcett East property, the City is required to reimburse King
County in the amount of 50% of the acquisition compensation because the property taken by WSDOT will be
converted from open space use to right-of-way use. Because compensation is set at $20,000, $10,000 is the
reimbursable amount due to King County.
EXHIBITS:
A. Issue Paper
STAFF RECOMMENDATION:
Set public hearing for February 4, 2019 to authorize the Mayor and City Clerk to execute the WSDOT
documents for the Temporary Easement and Warranty Deed and accept the compensation for same and
authorize the disbursement of funds in the amount of $10,000 to King County as required repayment of grant
funds for the King County’s Conservation Futures Levy.
AGENDA ITEM #1. a)
DEPARTMENT OF COMMUNITY
& ECONOMIC DEVELOPMENT
M E M O R A N D U M
DATE:January 7, 2019
TO:Don Persson, Council President
Members of Renton City Council
VIA:Denis Law, Mayor
FROM:Chip Vincent, CED Administrator
STAFF CONTACT:Amanda Askren, Property & Technical Services Manager
SUBJECT:WSDOT Acquisition for I-405 and NE 44th Street Interchange
ISSUE:
1. Should Council authorize the Mayor and City Clerk to execute the WSDOT
documentation packet for (1) a Temporary Construction Easement over a
portion of the property formerly referred to as the Fawcett South property, with
compensation to the City in the amount of $1,000 (2) a Warranty Deed for a
right-of-way take of a portion of the property formerly referred to as the Fawcett
East property, with compensation to the City in the amount of $20,000?
2. Should Council authorize the disbursement of funds to King County in the
amount of $10,000 as required under an interlocal agreement with the County
(CAG-90-029) because the City acquired the Fawcett East property in part with
grant funds from King County’s Conservation Futures Levy?
RECOMMENDATION:
1. Authorize the Mayor and City Clerk to execute the WSDOT documents for the
Temporary Easement and Warranty Deed and accept the compensation for
same.
2. Authorize the disbursement of funds in the amount of $10,000 to King County as
required repayment of grant funds for the King County’s Conservation Futures
Levy.
BACKGROUND:
The Washington State Department of Transportation is planning improvements to I-405
between SR 167 and NE 6th Street in Bellevue, known as the I-405 Renton to Bellevue
Widening and Express Toll Lanes Project. They are currently finishing the preliminary
design, environmental and right-of-way phases of the project and are scheduled to
release a request for proposals to design-build contractors in November 2018. The
project includes the total reconstruction of the I-405 and NE 44th Street Interchange
(Exit 7). The City owns two properties near the interchange improvements that will be
AGENDA ITEM #1. a)
Don Persson, Council President
Members of the Renton City Council
Page 2 of 3
January 7, 2019
impacted: one property on the west side of I-405 formerly referred to as the Fawcett
South property, and one property on the east side of I-405 formerly referred to as the
Fawcett East property.
This information was previously submitted for review to the Council on April 26, 2018 in
the Agenda Bill for the WSDOT Interlocal Agreement GCB2890 for Mitigation of Impacts
to Section 4(f) City Park Properties and Professional Services Agreement with Otak, Inc.
for Preliminary Design and Permitting Work for the May Creek Trail Project. At that
time, the description and details of the properties were shown and stated that these
would be brought forward for Council’s review and approval.
Temporary Construction Easement
The Temporary Construction Easement is located on the property previously referred to
as the Fawcett South property. This property was acquired by the City in December
2017. WSDOT is requesting a temporary construction easement totaling 2,878 square
feet of the total parcel amount of 357,673 square feet. The compensation for the
temporary take is set at $1,000.00. The legal description, exhibit and documents
provided in the WSDOT packet have been previously reviewed by City staff. The
compensation will be deposited in GL316.000000.005.395.10.00.000 SALE OF GENERAL
FIXED ASSETS.
Warranty Deed – Right-of-Way Take
The Warranty Deed area is located on the property previously referred to as the Fawcett
East property. This property was acquired by the City in 2015 in part using King County’s
Conservation Futures Levy funds through two grant amendments to the interlocal
agreement CAG-90-029 originally executed on June 5, 1990. WSDOT is requesting a
right-of-way take of 45,225 square feet and leaving the City with the remainder of the
parcel comprising 276,905 square feet according to the WSDOT ROW Plan dated April
21, 2006. The acquisition compensation is set at $20,000. The legal description, exhibit
and documents provided in the WSDOT packet have been previously reviewed by City
staff. The compensation will be deposited in GL316.000000.005.395.10.00.000 SALE OF
GENERAL FIXED ASSETS.
Due to using grant funds in part to purchase the Fawcett East property, the City is
required to reimburse King County in the amount of 50% of the acquisition
compensation because the property taken by WSDOT will be converted from open
space use to right-of-way use. Because compensation is set at $20,000, $10,000 is the
reimbursable amount due to King County. The full compensation amount will be paid to
the City and then a funds transfer will occur from the City to King County. The
compensation will be deposited in GL316.000000.005.395.10.00.000 SALE OF GENERAL
FIXED ASSETS. Due to funding restrictions with the original funding source, the
AGENDA ITEM #1. a)
Don Persson, Council President
Members of the Renton City Council
Page 3 of 3
January 7, 2019
remaining $10,000 balance will be re-allocated through a budget adjustment to the
Cedar River Trail Trestle Bridge (316.332028.020.576.81.48.000).
cc: Kelly Beymer, Community Services Administrator
Leslie A. Betlach, Parks & Planning/Natural Resources Director
Gregg Zimmerman, Public Works Administrator
Jim Seitz, Transportation Systems Director
Misty Baker, Senior Finance Analyst
AGENDA ITEM #1. a)
AB - 2310
City Council Regular Meeting - 28 Jan 2019
SUBJECT/TITLE: Adoption of a Title VI Plan
RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee
DEPARTMENT: Transportation Systems Division
STAFF CONTACT: Heather Gregersen, Program Development Coordinator
EXT.: 7393
FISCAL IMPACT SUMMARY:
The Title VI Plan has no fiscal impact.
SUMMARY OF ACTION:
The City must comply with Title VI of the Civil Rights Act of 1964 and various non-discrimination laws and
regulations in order to receive federal financial assistance. The Washington State Department of
Transportation (WSDOT) administers the state’s Title VI Plan and is required to obtain assurances from sub
recipients of their compliance.
Each local agency that receives federal funds through WSDOT is required to establish a Title VI Plan to ensure
that the provision of benefits and services, and transportation decision making are conducted in a non-
discriminatory manner. This Title VI Plan includes a requirement for local agencies to submit a plan specifying
how it will implement their Title VI responsibilities. Agencies serving a population of 100,000 or more are
required to have a Title VI Plan. Agencies serving a population less than 100,000 are able to use an
abbreviated Title VI Plan Non-discrimination Agreement. The City’s current population has exceeded the
100,000 person threshold and an updated plan document is required to be adopted and submitted to WSDOT.
Title VI of the Civil Rights Act of 1964 prohibits discrimination based on race, color and national origin in the
provision of benefits and services receiving federal financial assistance. The Civil Rights Restoration Act of
1987 clarified the broad institution-wide application of Title VI and other non-discrimination statues. The term
“program or activity” means all of the operations of federal aid recipients, sub recipients and contractors,
regardless of whether or not such programs and activities are federally funded. The Local Agency Guidelines
Manual require local agencies to address environmental justice and limited English proficiency in their Title VI
Plan.
EXHIBITS:
A. Title VI Plan
B. WSDOT Local Agency Guidelines Title VI Program Chapter 28
C. Resolution
STAFF RECOMMENDATION:
Adopt the resolution and authorize the Mayor and City Clerk to execute the Title VI Plan.
AGENDA ITEM #2. a)
City of Renton Title VI Plan 1
City of Renton
TITLE VI PLAN
City of Renton Federally Funded Transportation Program
AGENDA ITEM #2. a)
City of Renton Title VI Plan 2
Table of Contents
I. Policy Statement, Authorities and Citations.....................................................................3
II. Organization, Staffing and Structure.............................................................................4
III. Title VI Plan Implementation and Program Administration.........................................5
IV. NHI Education and Title VI Training ...........................................................................7
V. Complaint Procedures – Allegations of Discrimination in Federally Assisted
Programs or Activities.............................................................................................................8
VI. Sub-Recipient Review and Remedial Action Procedures...........................................10
A. Title VI Review of Sub-recipients of Federal-Aid Highway Funds. ..........................10
B. Post-Grant Reviews.....................................................................................................11
C. Remedial Action..........................................................................................................11
VII. Title VI Implementation Activities in Special Emphasis Program Areas...................11
A. Planning & Location Activities...................................................................................11
B. Consultant Contracts Activities...................................................................................12
C. Design & Engineering / Environmental Activities......................................................13
D. Right-of-way Activities...............................................................................................14
E. Construction Activities...............................................................................................15
AGENDA ITEM #2. a)
City of Renton Title VI Plan 3
I. Policy Statement, Authorities and Citations
A. Policy of Nondiscrimination
The City of Renton assures that no person shall on the grounds of race, color, national origin, or
sex as provided by Title VI of the Civil Rights Act of 1964, and the Civil Rights Restoration Act
of 1987 (P.L. 100.259) be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any City sponsored program or activity. The City of
Renton further assures every effort will be made to ensure nondiscrimination in all of its
programs and activities, whether those programs and activities are federally funded or not.
In the event the City of Renton distributes Federal aid funds to another entity, the City will
include Title VI language in all written agreements and will monitor for compliance.
Title VI compliance is a condition of receipt for Federal funds. Assurance of compliance,
therefore, falls under the proper authority of the Mayor pursuant to its budgetary authority and
responsibility. The Mayor, Public Works Administrator and Title VI Coordinator are authorized
to ensure compliance with provisions of this policy and with the law, including the requirements
of 23 Code of Federal Regulation (CFR) 200 and 49 CFR 21.
________________________________________ __________________
Mayor Date
________________________________________ __________________
Public Works Administrator Date
________________________________________ __________________
Transportation Director & Transportation Title VI Coordinator Date
B. Authorities
Title VI of the 1964 Civil Rights Act provides that no person in the United States shall on the
grounds of race, color, national origin, or sex be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any program or activity receiving
Federal financial assistance.
The Civil Rights Restoration Act of 1987 broadened the scope of Title VI coverage by
expanding the definition of terms “programs or activities” to include all programs or activities of
Federal Aid recipients, sub-recipients, and contractors, whether such programs and activities are
Federally assisted or not (Public Law 100-259 [S. 557] March 22, 1988).
AGENDA ITEM #2. a)
City of Renton Title VI Plan 4
Limited English Proficiency – Executive Order 13166 clarifies that individuals with Limited
English Proficiency (LEP) are protected under the title VI nondiscrimination provisions related
to national origin, and requires Federal Aid recipients, sub-recipients and contractors to take
reasonable steps to provide meaningful access to programs, services and entities. These
reasonable steps may include providing information, services and materials in languages other
than English.
Environmental Justice – Executive Order 12898 clarifies that Title VI requires Federal aid
recipients, sub-recipients and contractors to conduct an equity assessment to ensure full and fair
participation of minority and low-income communities and avoid disproportionately high or
adverse human and environmental impacts from transportation projects.
This Plan is created in coordination with the Washington State Transportation in its capacity of
administrating the distribution of Federal Highway Administration dollars. The Policy is
intended to apply primarily to programs funded by such dollars. Other departments, sections,
and divisions of the City of Renton that receive non-highway federal funding may be bound to
and/or follow different policies and procedures in order to comply with the above authorities and
applicable requirements of the agencies responsible for distributing such federal funding.
C. Additional Citations
Title VI of the Civil Rights Act of 1964; 42 USC 2000d to 2000d-4; 42 USC 4601 to 4655; 23
USC 109(h); 23 USC 324; DOT Order 1050.2; EO 12250; EO 12898; 28 CFR 50.3
II.Organization, Staffing and Structure
A. Organizational Chart
(See Appendix 4)
B. Staffing and Structure
City Administrator
The Mayor is authorized to ensure compliance with provisions of the City’s policy of non-
discrimination and with the law, including the requirements of 23 CFR Part 200 and 49 CFR Part
21. The City’s grants compliance function and Title VI coordination shall be performed under
the authority of the Mayor.
Title VI Coordinator
The City of Renton has designated the position of Transportation Director to perform the duties
of the Transportation Title VI Coordinator and ensure implementation of the City’s Title VI
Federally Funded Transportation Program. The Transportation Director has other duties and
responsibilities in addition to Title VI. Although the Transportation Director is directly
supervised by the Public Works Administrator, this position shall have an indirect reporting
relationship and access to the Mayor.
AGENDA ITEM #2. a)
City of Renton Title VI Plan 5
Title VI Specialists
Additionally, the Transportation Division has designated Title VI Specialists (Specialists) in
Transportation Division’s emphasis areas. The Specialists, designated below, shall work in
concert with the Title VI Coordinator. These areas are subject to receiving Federal assistance
through grants or other types of transportation related funding. The Specialists will work with the
Coordinator to ensure their respective sections comply with Title VI regulations and assurances,
meet the objectives of the Title VI Plan, meet Federal and state reporting requirements, and
provide adequate training opportunities for applicable staff.
Title VI Specialists will work with the Coordinator to ascertain Title VI compliance by
contractors, subcontractors, consultants, suppliers and other sub-recipients under
Transportation’s Federally funded projects or programs. Specialists will ensure applicable Title
VI provisions and requirements are included in contractual agreements to prime contractors and
sub-recipients. Specialists will work with the Coordinator to obtain statistical data on race,
color, national origin, handicap/disability, and sex of participants in, and beneficiaries of
Federally funded City of Renton transportation programs. Each of the Specialists will maintain
data relative to their respective special emphasis area, designated below. The Coordinator shall
use the data to complete annual Title VI reports and for other administrative needs.
Title VI Specialists - Emphasis Area and Job Title
Transportation Design Design Manager
Transportation Operations Operations Manager
Transportation Planning Planning Manager
Transportation Maintenance Maintenance Manager
Transportation Administration Program Development Coordinator
American with Disabilities Liaison Transportation Planner
III. Title VI Plan Implementation and Program Administration
Title VI Coordinator’s Responsibilities and Program Administration
As authorized by the Mayor, the Title VI Coordinator is responsible for initiating, monitoring,
and ensuring the City of Renton’s Transportation Division compliance with Title VI
requirements as follows:
A. Program Administration.
Administer the Title VI program and coordinate implementation of the plan. Ensure compliance
with the assurances, policy, and program objectives. Perform Title VI program reviews to assess
administrative procedures, staffing, and resources; provide recommendations as required to the
Public Works Administrator.
B. Complaints.
Review written Title VI complaints that may be received by the Transportation Division
following the adopted procedural guidelines (see Section V – Complaint Procedures). Ensure
AGENDA ITEM #2. a)
City of Renton Title VI Plan 6
every effort is made to resolve complaints informally at the local or regional level.
C. Data Collection.
Review the statistical data gathering process performed by Title VI Specialists periodically to
ensure sufficiency of data for meeting the requirements of Title VI program administration. (See
Section VII - Special Emphasis Program Areas).
D. Environmental Impact Statements.
Ensure that available census data are included as a part of all Environmental Impact
Statements/Assessments (EIS/EIA) conducted by the Transportation Division for projects
receiving Federal Highway Administration or other Federal assistance.
E. Training Programs.
Conduct or facilitate training programs on Title VI issues and regulations for Transportation
Division employees; and facilitate Title VI training for appropriate staff, contractors and sub-
recipients.
F. Title VI Plan Update.
Review and update the City of Renton’s Transportation Title VI Plan as needed or required.
Present updated plan to the Public Works Administrator; submit amended Plan to WSDOT.
G. Annual Accomplishment Report.
Prepare an annual report of Title VI accomplishments and changes to the program in the
preceding Federal fiscal year; identify goals and objectives for the upcoming year as required;
and submit to WSDOT in a timely manner.
H. Public Dissemination.
Work to develop and disseminate Title VI program information to the Transportation Division
staff and other City of Renton employees and sub-recipients, including contractors,
subcontractors, consultants, and sub-consultants and beneficiaries, as well as the general public.
Public dissemination may include Title VI language in contracts or other agreements, website
postings, and annual publication of the City’s Title VI Policy Statement in newspaper(s) having a
general circulation. Ensure public service announcements or notices of proposed projects,
hearings, meetings, or formation of public advisory boards, are posted in newspapers or other
media reaching the affected community. Ensure the full utilization of available minority
publications or media; and, where appropriate, provide written or verbal information in
languages other than English.
I. Elimination of Discrimination.
Work with the City Attorney Department, Human Resources Department, and other City offices
to establish procedures for promptly resolving deficiencies, as needed. Recommend procedures
to identify and eliminate discrimination that may be discovered in any Transportation Division
processes.
J. Maintain Legislative and Procedural Information.
AGENDA ITEM #2. a)
City of Renton Title VI Plan 7
Federal laws, rules and regulations, WSDOT guidelines, the current City of Renton Title VI
Plan, Annual Accomplishment Reports, and other resource information pertaining to the
implementation and administration of the City’s Title VI program will be maintained and
updated by the Coordinator. Information will be made available to other City departments or the
public as requested or required.
IV. NHI Education and Title VI Training
In keeping with adopted City of Renton policy of nondiscrimination, procedures will be
established or followed for Transportation employees to have equal access to applicable
educational and training opportunities. Transportation staff will maintain program administration
documentation and data necessary for preparation of annual Title VI reports, and will routinely
supply the necessary data to the Title VI Coordinator.
A. National Highway Institute (NHI) Education
The Coordinator will be notified when training for the National Highway Institute courses or
workshops become available to City of Renton Transportation employees. The Transportation
Director will establish a policy for the selection of participants interested in taking part in the
National Highway Institute Training workshops to ensure that no one is denied participation or
subjected to discrimination on the basis of race, color, national origin or sex. A report will be
completed and forwarded to the Coordinator upon completion of each educational seminar or
course throughout the course of the year, which shall include the name of each participant, their
title, division, sex and ethnicity for use in completing the annual Title VI accomplishment report.
B. Title VI Training
The Transportation Title VI Coordinator is responsible for overall Title VI related training and
staff development for Title VI Specialists and other City of Renton employees. The Coordinator
will organize and facilitate the provision of Title VI training sessions for consultants, contractors,
and subcontractors periodically. WSDOT’s Office of Equal Opportunity Internal and External
Civil Rights Branch and the Contract Compliance Office may be asked to provide applicable
training.
C. Selection of Instructors
The Coordinator will collaborate with the City of Renton’s Contracting Services to ensure City
policy is followed in the selection of instructors for City of Renton Transportation training
courses/ workshops, and ensure equal opportunity in the selection process for all training
contracts. Per adopted policy, the City will provide accessibility to
Minority/Women/Disadvantage Business Enterprise consulting and training firms to compete for
training contracts.
AGENDA ITEM #2. a)
City of Renton Title VI Plan 8
V. Complaint Procedures – Allegations of Discrimination in
Federally Assisted Programs or Activities
A. Overview
These procedures cover all complaints filed under Title VI of the Civil Rights Act of 1964 as
amended, Section 504 of the Rehabilitation Act of 1973, Civil Rights Restoration Act of 1987,
and the Americans with Disabilities Act of 1990, relating to any program or activity
administered by the City of Renton Transportation Division, as well as to sub-recipients,
consultants, and contractors. These procedures apply to complaints filed against a program
and/or activity funded by the Federal Highway Administration (FHWA).
Intimidation or retaliation of any kind is prohibited by law.
The procedures do not deny the right of the complainant to file formal complaints with other
state or Federal agencies or to seek private counsel for complaints alleging discrimination.
These procedures are part of an administrative process, which do not provide for remedies that
include punitive damages or compensatory remuneration for the complainant.
Every effort will be made to resolve complaints informally at the City and sub-recipient level.
The option of informal mediation meeting(s) between the affected parties and a designated
mediator may be utilized for resolution.
B. Procedures
Any individual, group of individuals, or entity that believes they have been subjected to
discrimination prohibited by Title VI nondiscrimination provisions may file a written complaint
with the Human Resources Department at the City of Renton. A formal complaint must be filed
within 180 calendar days of the alleged occurrence. Complaint forms are available through the
City’s website or by contacting the Title VI Coordinator. The City will not officially act or
respond to complaints made verbally.
Allegations received by telephone will be reduced to writing and provided to the complainant for
confirmation or revision before processing. A complaint form will be forwarded to the
complainant for him/her to complete, sign, and return to the City of Renton for processing.
1. In order to be accepted, a complaint must meet the following criteria:
The allegation(s) must involve a covered basis such as race, color, national origin,
gender, disability, or retaliation.
The allegation(s) must involve a program or activity of a Federal-aid recipient,
sub-recipient, or contractor, or, in the case of ADA allegations, an entity open to
the public.
The complaint must include the date of the alleged act of discrimination (date
when the complainant(s) became aware of the alleged discrimination; or the latest
instance of the conduct).
AGENDA ITEM #2. a)
City of Renton Title VI Plan 9
The complaint must present a detailed description of the issues, including names
and job titles of those individuals perceived as parties in the complained-of
incident.
The complainant(s) must accept reasonable resolution based on the City of
Renton’s administrative authority (reasonability to the determined by the City of
Renton).
2. Upon receiving the written complaint, Human Resources, in consultation with the Title
VI Coordinator will determine its jurisdiction, acceptability, need for additional
information, and the investigative merit of the complaint.
3. If the complaint is against the City, the City will request the Washington State
Department of Transportation (WSDOT) Office of Equal Opportunity to conduct the
investigation. In the event WSDOT handles the investigation, they will follow their
adopted procedures for investigating discrimination complaints, per their current State
Title VI Plan.
4. If a complaint is against a sub-recipient, consultant, or contractor, under contract with the
City, the appropriate Department and/or Division shall be notified of the complaint
within 15 calendar days. The City will determine whether it will investigate the
complaint or request WSDOT to conduct the investigation.
5. Once the City or WSDOT decides to accept the complaint for investigation, the
complainant and the respondent will be notified in writing of such determination within
five (5) calendar days. The complaint will be logged into the records of the Title VI
Coordinator, and the basis for the allegation identified including race, color, national
origin, handicap/disability, age or sex.
6. In cases where the City of Renton assumes investigation of the complaint, the City will
provide the respondent with the opportunity to respond to the allegations in writing. The
respondent will have ten (10) calendar days upon receipt, to furnish the City with his/her
response to the allegations.
7. Within 40 calendar days of acceptance of the complaint, the City of Renton or WSDOT
investigator will prepare a written investigative report for the Public Works
Administrator and Mayor. This preliminary investigative report shall include a narrative
description of the incident, identification of persons interviewed, findings and
recommendations for disposition.
8. The investigator will discuss the report and recommendations with the Public Works
Administrator and Mayor. There will be a period of 10 calendar days to discuss the report
and any recommendations. The report will be modified as needed and made final for its
release to the parties.
9. Once the investigative report becomes final, briefings will be scheduled with each party
within 15 days. Both the complainant and the respondent shall receive a copy of the
AGENDA ITEM #2. a)
City of Renton Title VI Plan 10
investigative report during the briefings and will be notified of their respective appeal
rights.
10. A copy of the complaint and City or WSDOT investigative report will be issued to
WSDOT’s External Civil Rights Branch (or the appropriate oversight agency) within 60
calendar days of the acceptance of the complaint.
11. If the complainant or respondent is not satisfied with the results of the investigation of the
alleged discriminatory practice(s) he or she shall be advised of their rights to appeal the
decision to WSDOT, U.S. Department of Transportation or U.S. Department of Justice.
The complainant has 180 calendar days after the appropriate agency’s final resolution to
appeal to USDOT. Unless new facts not previously considered come to light,
reconsideration of the final determination by the investigating agency will not be
available.
12. The Title VI Coordinator will maintain an annual Log Of Complaints, which will contain
the following information for each complaint filed:
The name and address of the person filing the complaint
The date of the complaint
The basis of the complaint
The disposition of the complaint
The status of the complaint
Only qualified, well-trained investigators should conduct these investigations. No agency
is allowed to investigate a complaint against itself.
13. A complaint may be dismissed for the following reasons:
The complainant requests the withdrawal of the complaint.
The complainant fails to respond to repeated requests for additional information
needed to process the complaint.
The complainant cannot be located after reasonable attempts.
VI.Sub-Recipient Review and Remedial Action Procedures
A. Title VI Review of Sub-recipients of Federal-Aid Highway Funds.
Transportation Title VI Specialists and the Title VI Coordinator will assist WSDOT to
periodically conduct Title VI compliance reviews. Transportation Division staff will review
select recipients of Federal-aid highway or other Federal funds, to ensure adherence to Title VI
requirements (see Section VII). The Title VI Coordinator will work cooperatively to periodically
confirm operational guidelines provided to consultants, contractors, and sub-recipients, including
Title VI language, provisions, and related requirements, as applicable.
AGENDA ITEM #2. a)
City of Renton Title VI Plan 11
B. Post-Grant Reviews.
The Coordinator will collaborate with Transportation staff to conduct periodic post grant reviews
of select recipients of Federal highway funds or other Federal funds, for roads, sidewalks,
bridges, municipal construction, etc. to ensure adherence to Title VI requirements (see Section
VII). Appropriate staff will periodically confirm that operational guidelines provided to
consultants, contractors and sub-recipients include Title VI language and provisions and related
requirements, where applicable.
C. Remedial Action.
When irregularities occur in the administration of Federal-aid highway programs at either the
City or sub-recipient levels, corrective action will be taken to resolve identified Title VI issues.
The City of Renton will seek the cooperation of the consultant, contractor or other sub-recipient
in correcting deficiencies found during periodic reviews. The City will provide technical
assistance and guidance, upon request, to support voluntary compliance by the sub-recipient.
When conducting Title VI compliance reviews, the City will reduce to writing any recommended
remedial action agreed upon by the Transportation Division and sub-recipient, and provide a
copy of the letter within a period not to exceed 45 days.
Sub-recipients placed in a deficiency status will be given a reasonable time, not to exceed 90
days after receipt of the deficiency letter, to voluntarily correct deficiencies. When a sub-
recipient fails or refuses to voluntarily comply with requirements within the allotted time frame,
the City of Renton will submit to WSDOT and FHWA copies of the case file and a
recommendation that the sub-recipient be found in noncompliance.
A follow-up review will be conducted within 180 days of the initial review to ascertain if the
sub-recipient has complied with the Title VI Program requirements in correcting deficiencies
previously identified. If the sub-recipient refuses to comply, the City of Renton and WSDOT
may, with FHWA’s concurrence, initiate sanctions per 49 CFR 21.
VII. Title VI Implementation Activities in Special Emphasis
Program Areas
A. Planning & Location Activities
1. Planning Process.
The Transportation Planning Section has responsibility for providing long-range planning,
program development, and capital programming necessary to provide efficient transportation
services to City of Renton citizens. The City annually updates and coordinates its six-year
plan for transportation improvement programs and projects. The update informs other City of
Renton departments and neighboring jurisdictions of the current planning direction for
transportation needs. Projects included in the update are the result of evaluation and
prioritization of needs in various transportation areas. The evaluation process includes input
from the City Title VI Coordinator, various departments, cities, local jurisdictions and
organizations, citizen groups, and private individuals. All six-year plans are consistent with
the adopted Comprehensive Plan approved under the State’s Growth Management Act.
AGENDA ITEM #2. a)
City of Renton Title VI Plan 12
2. Authorities.
Renton City Code; 23 CFR 450; RCW 35.77; RCW 36; RCW 47.06 Statewide
Transportation Planning; RCW 47.80 Regional Transportation Planning Organization
(RTPO).
3. Public Involvement in Planning Activities & Title VI.
a) The Transportation Division will invite participation of a cross section of the populace
from social, economic, and ethnic groups in the planning process by disseminating
written program information to minority media and ethnic organizations, and providing
public service announcements for all local media, when forming citizen advisory
committees or planning boards, and requesting involvement.
b) Transportation Division staff will obtain demographic statistics at applicable community
meetings and public hearings involving transportation planning sessions. Data will be
gathered through use of a voluntary self-reporting form which includes race, gender, and
national origin. Copies of the completed forms will be provided to Title VI Coordinator
after each meeting.
c) To ensure access to public meetings, evening meetings will be conducted in a variety of
community buildings throughout the City, including those along transit routes. Staff will
ensure translation services are available if anticipated, and ensure public meetings are
held in predominantly minority communities when transportation projects will
specifically impact those communities.
B. Consultant Contracts Activities
1. Consultant Contracts Administration.
The Design Section is responsible for recommending consultant firms to support
Transportation Division activities. Project Managers participate in final selection, negotiation
and award. Pursuant to City of Renton Purchasing, Bidding and Contracting Policy, the
signing authority of the consultant contracts may be the Public Works Administrator or the
Mayor. In coordination with project managers, the Design Section Manager administers
awarded consultant contracts.
2. Authorities.
City of Renton Code; WSDOT Local Agency Guidelines; 48 CFR 31; 23 CFR 172
3. Consultant Selection Process.
Transportation staff or project management staff will request qualifications from consulting
engineering firms specializing in various aspects of civil engineering which may relate to
transportation projects and the development of construction plans and special provisions for
roads and bridges, design work associated with structures, performing environmental studies
or preparing NEPA or SEPA documents for transportation projects. Consultant selection
from the certified list maintained by the MRSC adheres to Washington State regulations
(RCWs) and is consistent with City of Renton vendor policies.
4. Title VI Assurances and Provisions
Transportation Division staff will:
AGENDA ITEM #2. a)
City of Renton Title VI Plan 13
a) Include applicable Disadvantaged Business Enterprise (DBE) goals in designated
projects, and seek to proactively achieve the goal(s).
b) Include Title VI assurance and provision language in all Federally funded consultant
contracts. Periodically review documents and language to ensure compliance with
current laws and regulations. Provide a copy of the contract to the Title VI Coordinator,
and any amendments or updates that may occur over time.
c) Maintain updated demographic data on the utilization of women-and minority-owned
consulting firms. As they occur, a copy of the award letter will be provided to the Title
VI Coordinator for use in preparing the Annual Update Accomplishment Report.
C. Design & Engineering / Environmental Activities
1. Capital Improvement Projects (CIP):
The Design Section is responsible for implementing the Capital Improvement Program (CIP)
and environmental permitting for projects. Studies are performed to assess various
environmental factors as they relate to the implementation of the City’s transportation capital
program, including evaluating demographic data.
2. Authorities.
Renton City Code; Local Agency Guidelines - WSDOT- M36-63; Standard Plans For Road,
Bridge and Municipal Construction-WSDOT; APWA - M21-01; Title 23, USC 109(d), 14(a),
217, 315 and 402(a); 23 CFR 1204.4; 23 CFR 771; EO 12898; 49 CFR 1.48(b)(33) and
1.48(c)(2; National Environmental Policy Act of 1969, 42 USC 4321; 40 CFR Part 1500; 49
CFR Part 622; WSDOT EPM M31-1; EO 12898
3. Design /Environmental Review Process and Title VI
Transportation Division Staff will:
a) Depending on the scope, complexity, and impacts of a project, a National Environmental
Policy Act (NEPA), NEPA Categorical Exclusion, NEPA Environmental Assessment,
State Environmental Policy Act (SEPA) checklist, SEPA Determination of Non
Significance, or NEPA and/or SEPA Environmental Impact Statement will be
completed.
b) Monitor compliance with Title VI requirements in all aspects of conducting
Environmental Impact Statements or Assessments. Provide a comprehensive summary
of the demographic and environmental data elements to be considered by the EIS/EIA
process to the Title VI Coordinator; including updated summary lists as applicable.
c) Incorporate into the review process adequate time for the Coordinator to review and
comment, as applicable, on the draft EIS/EIA to ensure there are no violations of the
Federal Civil Rights Act, as amended, as a result of the City’s Federal-Aid highway
activities.
d) In order to ensure dissemination of information and foster participation from affected
populations, place public notices in applicable general and minority media; select
accessible locations and times for public hearings or meetings, and arrange for
translation services as needed; particularly in projects impacting predominantly minority
AGENDA ITEM #2. a)
City of Renton Title VI Plan 14
communities. Ensure the public has information pertaining to their rights to call or write
the department to view plans and discuss environmental problems.
e) Obtain demographic data at community meetings and public hearings pertaining to the
transportation design phase. Data will be gathered through use of a voluntary sign-up
form which includes race, gender, and preferred language to receive information. Copies
of the voluntary self-reporting forms will be provided to the Title VI Coordinator after
each meeting.
f) Provide a copy of the Annual Construction Report to the Title VI Coordinator in or
around August of each year. The Title VI Coordinator will work with the city’s GIS
Section to generate a map of the Federal Highway Administration (FHWA) funded
transportation projects to include demographic data of the neighborhoods effected by the
projects.
D. Right-of-way Activities
1. Real Property Services.
The Design Section, through consultants with expertise in right-of-way acquisition, manages
and coordinates the appraisal and acquisition of real property and relocation assistance
services for transportation projects. The right of way acquisition process entails appraisal of
property, negotiation of terms and conditions for acquisition, and assistance in the relocation
of displaced individuals, businesses, farm operations, nonprofit organizations, and property
management.
2. Authorities.
Right of Way Manual; 23 CFR 130; 49 CFR 24; RCW Chapter 47; WAC 468.100
3. Right-of-way Activities and Title VI
The Design Section staff will:
a) Ensure equal opportunity in all aspects of procuring real estate service contracting and
appraisal agreements. Follow adopted City of Renton vendor procurement policies in
the acquisition of contracted services.
b) Utilize current OMWBE directories identifying fee appraiser organizations and the
Washington State Department of Transportation’s list of certified fee appraisers when
seeking services. Maintain data on awards to minority and female appraisers, and
provide data to the Title VI Coordinator on a quarterly basis.
c) Follow the guidelines in the Right of Way Manual for property acquisition as well as
applicable laws and regulations, including Title VI and Section 504.
d) Adhere to departmental policy of apprising affected property owners, tenants, and others
involved in right-of-way acquisition of their rights and options regarding negotiation,
relocation, condemnation and other aspects of the acquisition process.
e) Provide copies of relocation assistance literature produced by WSDOT and a copy of
the City of Renton Title VI Compliance brochure to all affected parties.
AGENDA ITEM #2. a)
City of Renton Title VI Plan 15
f) Incorporate Title VI language in all surveys of property owners and tenants. Coordinate
the preparation of deeds, permits and leases to ensure the inclusion of the appropriate
clauses, including Title VI Language.
g) Ensure that appraised values and communications associated with the appraisal and
negotiation operations result in equitable treatment.
h) Ensure comparable replacement dwellings are available and assistance is given to all
displaced persons and entities by the property acquisition process.
i) Maintain statistical data including race, color, national origin, and sex on all relocatees
affected by Transportation Federal Highway Administration funded projects, and
provide detailed demographic data quarterly to the Title VI Coordinator.
E. Construction Activities
1. Construction: - Design Section.
The implementation of capital improvements projects is performed by the Design Section
(mentioned above). This section is also responsible for administration of all new construction
contracts and inspecting bridges. The Transportation Division is responsible for oversight
and the administration of transportation construction projects, as set forth by policy decisions
and supervision of the Public Works Administrator.
2. Authorities.
City of Renton Standards, Construction Manual M41-01; Maintenance Manual M51-01;
Local Agency Guidelines; Standard Specifications for Road, Bridge, and Municipal
Construction.
3. Construction Activity and Title VI
Transportation Division staff will:
a) Review all Federal Highway Administration funded transportation projects for
application of DBE goals. As appropriate, include DBE provisions in those projects with
designated goals. Include Title VI language in bid announcements and applicable
construction documents, as stipulated in the City’s Title VI Policy Statement (p. 2) and
Assurances (Exhibit 2, p. 18-19) herein.
b) Award construction contracts on the basis of lowest responsive bidder, as well as
meeting DBE requirements. Include Title VI language in prime contract award letters to
encourage utilization of DBE subcontracts and vendors.
c) Ensure that prime contractors with DBE requirements award contracted work to
qualified DBEs which perform commercially useful functions.
d) Monitor all construction operations to ensure nondiscrimination throughout all
operations.
e) Coordinate the gathering of construction information regarding DBE participation for
the Annual Title VI Report; and provide to the Coordinator.
AGENDA ITEM #2. a)
City of Renton Title VI Plan 16
AGENDA ITEM #2. a)
City of Renton Title VI Plan 17
Exhibit 1 – City of Renton Title VI Notice to the Public
The City of Renton hereby gives public notice that it is the City’s policy to assure full
compliance with Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of
1987, and related statutes and regulations in all programs and activities. Title VI requires that no
person shall, on the grounds of race, color, sex, or national origin be excluded from the
participation in, be denied the benefits of, or be otherwise subjected to discrimination under any
Federal Aid Highway program or other activity for which the City of Renton receives Federal
financial assistance.
Any person who believes they have been aggrieved by an unlawful discriminatory practice under
Title VI has a right to file a formal complaint with the City of Renton. Any such complaint must
be in writing and filed with the City of Renton Human Resources within one hundred, eighty
(180) days following the date of the alleged discriminatory occurrence. Title VI Discrimination
Complaint Forms may be obtained from the City’s website (www.rentonwa.gov) or from the
Human Resources office at no cost to the complainant by calling (425) 430-7655.
AGENDA ITEM #2. a)
City of Renton Title VI Plan 18
Exhibit 2 – City of Renton Title VI Assurances
The City of Renton in the State of Washington, (hereinafter referred to as the “Recipient”),
HEREBY AGREES THAT as a condition to receiving any Federal financial assistance from the
U.S. Department of Transportation will comply with Title VI of the Civil Rights Act of 1964, 78
Stat. 252, 42 USC 2000d--42 USC 2000d--4 (hereinafter referred to as the Act), and all
requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary part 21, Nondiscrimination in Federally
Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil
Rights Act of 1964 (hereinafter referred to as the Regulations), and other pertinent directives, to
the end that in accordance with the Act, Regulations, and other pertinent directives, no person in
the United States shall, on the grounds of race, color, sex, or national origin be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination under any
program or activity for which the Recipient receives Federal financial assistance through the
Washington State Department of Transportation, including the U.S. Department of
Transportation and Federal Highway Administration, and HEREBY GIVES ASSURANCE
THAT it will promptly take any measures necessary to effectuate this agreement. This Assurance
is required by Subsection 21.7(a)( 1 ) of the Regulations.
More specifically and without limiting the above general assurance, the Recipient hereby gives
the following specific assurances to its Federal Aid Highway Program:
1. That the Recipient agrees that each “program” and each “facility” as defined in
Subsections 21.23(e) and 21.23(b) of the Regulations, will be (with regard to a “program”)
conducted, or will be (with regard to a “facility”) operated in compliance with all
requirements imposed by, or pursuant to, the Regulations.
2. That the Recipient shall insert the following notification in all solicitations for bids for
work or material subject to the Regulations made in connection with the Federal Aid
Highway Program, and in adapted form in all proposals for negotiated agreements:
The City of Renton, in accordance with Title VI of the Civil Rights Act of 1964 and 78
Stat. 252, 42 USC 2000d---42 and Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, part 21, Nondiscrimination in
Federally assisted programs of the Department of Transportation issued pursuant to such
Act, hereby notifies all bidders that it will affirmatively ensure that any contract entered
into pursuant to this advertisement, minority business enterprises will be afforded full
opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, sex, or national origin in consideration for an award.
3. That the Recipient shall insert the clauses of Appendix 1 of this Assurance in every
highway contract subject to the Act and the Regulations.
4. That the Recipient shall insert the clauses of Appendix 2 of this Assurance, as a covenant
running with the land, in any deed from the United States effecting a transfer of real
property, structures, or improvements thereon, or interest therein for highway purposes.
AGENDA ITEM #2. a)
City of Renton Title VI Plan 19
5. That where the Recipient receives Federal financial assistance to construct a facility, or
part of a facility, the Assurance shall extend to the entire facility and facilities operated in
connection therewith.
6. That where the Recipient receives Federal highway financial assistance in the form, or for
the acquisition of real property, or an interest in real property, the Assurance shall extend
rights to space on, over or under such property.
7. That the Recipient shall include the appropriate clauses set forth in Appendix 3 of this
Assurance, as a covenant running with the land, in any future deeds, leases, permits,
licenses, and similar agreements entered into by the Recipient with other parties: (a) for
the subsequent transfer of real property acquired or improved under the Federal Aid
Highway Program; and (b) for the construction or use of or access to space on, over or
under real property acquired, or improved under the Federal Aid Highway Program.
8. That this Assurance obligates the Recipient for the period during which Federal financial
assistance is extended to the program, or is in the form of, personal property, or real
property or interest therein or structures or improvements there on, in which case the
Assurance obligates the Recipient or any transferee for the longer of the following
periods: (a) the period during which the property is used for a purpose for which the
Federal financial assistance is extended, or for another purpose involving the provision of
similar services or benefits; or (b) the period during which the Recipient retains ownership
or possession of the property.
9. The Recipient shall provide for such methods of administration for the program as are
found by the Secretary of Transportation, or the official to whom s/he delegates specific
authority to give reasonable guarantee that it, other recipients, sub-grantees, contractors,
subcontractors, transferees, successors in interest, and other participants of Federal
financial assistance under such program will comply with all requirements imposed or
pursuant to the Act, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial endorsement with
regard to any matter arising under the Act, the Regulations, and this Assurance.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all
Federal grants, loans, contracts, property, discounts or other Federal financial assistance
extended after the date hereof to the Recipient by the U.S. Department of Transportation under
the Federal Aid Highway Program and is binding on it, other recipients, sub-grantees,
contractors, subcontractors, transferees, successors in interest and other participants in the
Federal Aid Highway Program. The person whose signature appears below is authorized to sign
this Assurance on behalf of the Recipient.
________________________________________ _____________________
Mayor Date
________________________________________ __________________
Public Works Administrator Date
AGENDA ITEM #2. a)
City of Renton Title VI Plan 20
Appendix 1 – Title VI Assurances For Consultants, Contractors, Subcontractors,
Suppliers, and Manufacturers
The City of Renton will insert or add the following clauses into every highway contract subject
to the Act and Regulations associated with the receipt of Federal financial assistance:
During the performance of this contract, the contractor, for itself, its assignees and successors in
interest (hereinafter referred to as the “contractor”) agrees as follows:
1. Compliance with Regulations.
The contractor shall comply with the Regulations relative to nondiscrimination in Federally
assisted programs of the Department of Transportation (hereinafter DOT), Title 49, Code of
Federal Regulations, part 21, as they may be amended from time to time, (hereinafter
referred to as the Regulations), which are herein incorporated by reference and made a part of
this contract.
2. Nondiscrimination.
The contractor, with regard to the work performed during the contract, shall not discriminate
on the grounds of race, color, sex, or national origin in the selection and retention of
subcontractors, including procurement of materials and leases of equipment. The contractor
shall not participate either directly or indirectly in the discrimination prohibited by Section
21.5 of the Regulations, including employment practices when the contract covers a program
set forth in Appendix B of the Regulations.
3. Solicitations for Subcontracts, including Procurement of Materials and Equipment.
In all solicitations either by competitive bidding or negotiations made by the contractor for
work to be performed under a subcontract, including procurement of materials or leases of
equipment, each potential subcontractor or supplier shall be notified by the contractor of the
contractor’s obligations under this contract and the Regulations relative to nondiscrimination
on the ground of race, color, sex, or national origin.
4. Information and Reports.
The contractor shall provide all information and reports required by the Regulations or
directives issued pursuant thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the City of Renton or
the Washington State Department of Transportation to be pertinent to ascertain compliance
with such Regulations, orders and instructions. Where any information required of a
contractor is in the exclusive possession of another who fails or refuses to furnish this
information, the contractor shall so certify to the City of Renton, or the Washington State
Department of Transportation as appropriate, and shall set forth what efforts it has made to
obtain the information.
5. Sanctions for Noncompliance.
In the event of the contractor’s noncompliance with the nondiscrimination provisions of this
contract, The City of Renton and the Washington State Department of Transportation shall
AGENDA ITEM #2. a)
City of Renton Title VI Plan 21
impose such contract sanctions as it, or the Federal Highway Administration may determine
to be appropriate, including, but not limited to:
a) Withholding of payments to the contractor under the contract until the contractor
complies, and/or;
b) Cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions.
The contractor shall include the provisions of paragraphs (1) through (6) in every
subcontract, including procurement of materials and leases of equipment, unless exempt by
the Regulations, or directives issued pursuant thereto. The contractor shall take such action
with respect to any subcontractor or procurement as the City of Renton or the U.S.
Department of Transportation, Federal Highway Administration, may direct as a means of
enforcing such provisions including sanctions for noncompliance.
Provided, however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the contractor may
request the City of Renton enter into such litigation to protect the interests of the City and, in
addition, the contractor may request the United States to enter into such litigation to protect
the interests of the United States.
AGENDA ITEM #2. a)
City of Renton Title VI Plan 22
Appendix 2 - Granting and Habendum Clauses
When the City of Renton is the recipient of real property, structures or improvements thereon, or
interest therein from the United States for highway purposes, the following clauses shall be
included in any and all deeds affecting or recording the transfer of property:
GRANTING CLAUSE
NOW, THEREFORE, the City of Renton, as authorized by law, will accept title to the lands and
maintain the project constructed thereon, in accordance with Title 23, United States Code, the
Regulations for the Administration of Federal Aid for Highways and the policies and procedures
prescribed by the Federal Highway Administration of the Department of Transportation and, also
in accordance with and in compliance with all requirements imposed by or pursuant to Title 49,
Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary,
part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation
(hereinafter referred to as the Regulations) pertaining to and effectuating the provisions of Title
VI of the Civil Rights Act of 1964 (78 Stat. 252:42 USC 2000d to 2000d--4) does hereby remise,
release, quitclaim, and convey unto the City of Renton all the right, title, and interest of the
Department of Transportation in and to said land described in Exhibit A attached hereto and
made a part thereof.
HABENDUM CLAUSE
TO HAVE AND TO HOLD said lands and interests therein unto the City of Renton, and its
successors forever, subject, however, to the covenants, conditions, restrictions and reservations
herein contained as follows, which will remain in effect for the period during which the real
property or structures are used for a purpose for which the Federal financial assistance is
extended or for another purpose involving the provision of similar services or benefits and shall
be binding on the City of Renton, its successors, and assigns.
The City of Renton, in consideration of the conveyance of said lands and interests in lands, does
hereby covenant and agree as a covenant running with the land for itself, its successors and
assigns, that (1) no person shall on the grounds of race, color, sex, or national origin be excluded
from participation in, be denied the benefits of, or be otherwise subjected to discrimination with
regard to any facility located wholly or in part on, over, or under such lands hereby conveyed (,)
(and)1 (2) that the City of Renton, shall use the lands and interests in lands so conveyed, in
compliance with all requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21,
Nondiscrimination of Federally assisted programs of the Department of Transportation --
Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be
amended (,) and (3) that in the event of breach of any of the above mentioned nondiscrimination
conditions, the City shall have a right to reenter said lands and facilities on said land, and the
above described land and facilities shall thereon revert to and vest in and become the absolute
property of the Department of Transportation and its assigns as such interest existed prior to this
instruction.
1 Reverter Clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes
of Title VI of Civil Rights Act of 1964.
AGENDA ITEM #2. a)
City of Renton Title VI Plan 23
Appendix 3 - Lease/Deed Provisions
Upon receipt of Federal financial assistance to construct a facility or part of a facility for
highway purposes, the Recipient agrees to include these clauses in all future deeds, licenses,
leases, permits, or similar instruments entered into by the City of Renton pursuant to the
provisions of Title VI Assurances, item 7:
The LESSEE, for himself or herself, his or her heirs, personal representatives, successors in
interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a
covenant running with the land that in the event facilities are constructed, maintained, or
otherwise operated on the said property described in this lease, for a purpose for which a US
Department of Transportation program or activity is extended or for another purpose involving
the provision of similar services or benefits, the LESSEE shall maintain and operate such
facilities and services in compliance with all other requirements imposed pursuant to Title 49,
Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the
Secretary, part 21, Nondiscrimination in Federally assisted programs of the U.S. Department of
Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964, as said Regulations
may be amended.
That in the event of breach of any of the above non-discrimination covenants, the City shall have
the right to terminate the lease, and to reenter and repossess said land and the facilities thereon,
and hold the same as if said lease had never been made or issued.
The following shall be included in all deeds, licenses, leases, permits, or similar agreements
entered into by the City of Renton pursuant to the provisions of Title VI Assurances, item 7.
The LESSEE, for himself or herself, his or her personal representatives, successors in interest,
and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant
running with the land that (1) no person, on the grounds of race, color, sex, or national origin
shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination in the use of said facilities, (2) that in the construction of any improvements on,
over or under such land and furnishing of services thereon, no person on the grounds of race,
color, sex, or national origin shall be excluded from participation in, denied the benefits of, or
otherwise be subjected to discrimination, (3) that the LESSEE shall use the premises in
compliance with all requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, part 21,
Nondiscrimination in Federally assisted programs of the U.S. Department of Transportation ---
Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be
amended. That in the event of breach of any of the above nondiscrimination covenants, the City
of Renton shall have the right to terminate the lease, and to re-enter and repossess said land and
the facilities thereon, and hold the same as if said lease had never been made or issued.
AGENDA ITEM #2. a)
City of Renton Title VI Plan 24
Appendix 4 – Organizational Charts
AGENDA ITEM #2. a)
City of Renton Title VI Plan 25
*Individuals marked with an asterisk serve as a Title VI Specialist or Coordinator.
AGENDA ITEM #2. a)
WSDOT Local Agency Guidelines M 36-63.29 Page 28-1
October 2015
Chapter 28 Title VI Program
28.1 General Discussion
Local agencies, as recipients of Federal financial assistance, are required to comply
with various nondiscrimination laws and regulations, including Title VI of the Civil
Rights Act of 1964.
Title VI of the Civil Rights Act of 1964 prohibits discrimination based on race,
color, and national origin in the provision of benefits and services. Additional
nondiscrimination laws include the Federal-aid Highway Act of 1973, which added
sex (gender) as a protected class; and Section 504 of the Rehabilitation Act and
the Americans with Disabilities Act, which prohibits discrimination on the basis
of disability.
The Civil Rights Restoration Act of 1987 clarified the broad institution-wide
application of Title VI and other nondiscrimination statutes. The term “program or
activity” means all of the operations of Federal-aid recipients, subrecipients, and
contractors, whether such programs and activities are federally funded or not.
Similar to WSDOT, local agencies are expected to comply with the U.S. Department
of Transportation’s (USDOT) Title VI regulations contained in 49 CFR Part 21, and
the Federal Highway Administration’s (FHWA) regulations contained in 23 CFR
200. In addition, local agencies are expected to address Environmental Justice and
Limited English Proficiency consistent with the guidance provided by WSDOT. If
local agencies receive Federal Transit Administration (FTA) funds, they should refer to
FTA’s Title VI Circular C4202.1B.
These federal regulations require WSDOT to obtain assurances from their subrecipients
that they agree to maintain records and submit reports on its programs and activities;
that the subrecipient will comply with Title VI, and that the assurances provide a right
to enforcement. Each local agency that receives Federal funds through WSDOT is
required to establish a Title VI Program to ensure that the provision of benefits and
services, and transportation decision-making are conducted in a nondiscriminatory
manner. This Title VI Program includes a requirement for local agencies to submit a
plan specifying how it will implement their Title VI responsibilities.
Agencies serving a population of 100,000 or more are required to have a Title VI Plan.
Agencies serving a population less than 100,000 may use an abbreviated Title VI Plan,
a Nondiscrimination Agreement.
28.2 Title VI Plan Development
A Title VI Plan is a legal document that imposes individual legal liabilities to the
signatory agency that are not transferable. Each local agency must develop a Title
VI compliance document that reflects its individual transportation program structure.
WSDOT will provide each local agency the technical support it needs to develop
a Title VI Plan, or a Title VI Nondiscrimination Agreement, for agencies with
populations of less than 100,000.
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1. Plan Scope – The Title VI Plan describes how recipients of federal financial
assistance will develop and implement their Title VI Program.
2. Plan Format – A specific format is not prescribed. Sample formats are contained
in Appendix 28.71 and 28.72.
Appendix 28.71 has an example Title VI Plan for large agencies serving a
population of 100,000 or more. Large local agencies should use this example
to prepare their plan that is to contain the categories listed in item C below
(Key Points to Consider in Developing Plan).
Appendix 28.72 has a boilerplate for small agencies serving a population
of less than 100,000 to use in developing their Abbreviated Title VI Plan/
Nondiscrimination Agreement.
If there are questions on these examples, please contact your Region Local
Programs Engineer.
Larger agencies (populations greater than 100,000) having a Title VI Plan already
approved for a different federally funded program, have the option to submit the
existing Title VI Plan for approval or create a new one. Agencies can submit their
plans through the Region Local Program Engineer for review by WSDOT’s OEO.
The WSDOT OEO will review the plan in accordance with Federal requirements.
If necessary, supplemental information will be requested prior to approval.
3. Key Points to Consider In Developing a Plan – These points are incorporated
in the Nondiscrimination Agreement shown in Appendix 28.72 for cities under
100,000 population.
a. Policy Statement – The policy statement reflects the agency’s commitment to
Title VI compliance, including all related Federal laws and regulations, and is
signed by the agency’s Chief Executive Officer (CEO).
b. Authorities – This section cites all relevant Federal statutes, regulations,
executive orders and other legislation.
c. Organization and Staffing – This section identifies the Title VI Coordinator
and program area Title VI Specialists within the organization directly
responsible for the management and administration of the Title VI Program.
The Plan is to include an organization chart that describes the reporting
relationship between the designated Title VI Specialists within each program
emphasis area and the designated agency Title VI Coordinator.
d. Program Emphasis Areas – This section describes the federal aid
transportation program areas (i.e., Planning, Research, Design, Education
and Training, Right of Way, Construction, Maintenance), the areas’ legal/
operational authorities, and assigns Title VI compliance monitoring
responsibilities to each area.
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e. Title VI Standard Assurances and Its Appendices (DOT 1050.2A) –
The USDOT 1050.2A Standard Title VI Assurances (Appendix 28.77) must
be completed and signed by the agency’s Chief Executive Officer (CEO),
and made a part of the agency’s Title VI Program Plan/Nondiscrimination
Agreement. The Appendices associated with the USDOT Assurances must
be inserted into every contract/agreement (regardless of funding source) as
described in the Assurances document. For consultant contracts, see Exhibit F
of Appendix 31.79. The agency’s CEO signs these assurances.
f. Complaint Procedures – This section outlines the process for filing
complaints and the investigative process. It also identifies the agency staff
positions responsible for this process, and the time limits for the submission of
complaints and completion of investigations (60 days per 23 CFR 200.9(b)(3)).
g. Table of Contents – This section enables the reader to quickly locate particular
sections of the Plan.
28.3 Reporting Requirements
Local agencies are to provide the following reports and/or data to WSDOT related to
their transportation program:
Annual Title VI Update and Accomplishment Report
All agencies with approved Title VI Plans or Nondiscrimination Agreements are
to annually prepare a report of their Title VI Program implementation compliance
activities. This report is due one year from the date of approval of the Title VI plan and
then annually on that same date. This is to describe the transportation activities and any
changes that occurred during the year, as well as planned efforts (goals) for the coming
year. This Annual Title VI Update and Accomplishment Report is to be completed by
each agency and forwarded to the Region Local Programs Engineer, who will forward
it to Local Programs for transmittal to WSDOT’s OEO for review and approval.
If there has been a change in the agency’s CEO, an updated Assurances document
is required to be submitted with the Update report.
Examples of Annual Reports are outlined in Appendix 28.73 for agencies over 100,000
population and Appendix 28.74 for agencies with population under 100,000.
Revisions to the Local Agency’s Title VI Plan or Nondiscrimination Agreement
The Plan is to contain current information on names of staff and any other needed
revisions. Agencies must submit substantial revisions to their Title VI Plan or
Nondiscrimination Agreement to the Region Local Programs Engineer for transmittal
to Local Programs for submittal to WSDOT’s OEO as soon as they occur for review
and approval. Substantial revisions may be the filing of the agency’s new CEO
signature, administrative changes in the agency’s Title VI Program administrative
structure and staffing, or changes to the plan’s complaint procedures, etc.
Local agencies only need to submit a revised Title VI document when program
changes such as the ones described above take place.
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28.4 Title VI Complaint Investigations
The local agency is responsible for investigating all Title VI discrimination complaints
occurring within the federal aid transportation program or its activities, unless the
complaint filed is against the local agency. Complaints naming a local agency as a
respondent shall be forwarded to the Region Local Programs Engineer, who will in
turn forward it to Local Programs. WSDOT’s OEO will investigate these complaints.
Each local agency’s Title VI Plan will have External Complaint Procedures to assist
them in conducting a timely, fair and impartial investigation.
All Title VI investigations are to be completed within 60 days of acceptance of
a complaint.
A Log of Complaints must be maintained by each agency, and submitted annually as
part of the agency’s Title VI Annual Update. The Log of Complaints must contain the
following information for each complaint filed:
• The name and address of the person filing the complaint.
• The date of the complaint.
• The basis of the complaint.
• The disposition of the complaint.
• The status of the complaint.
A Log of Complaints is shown in Appendix 28.75.
Only qualified, well-trained investigators should conduct these investigations.
No agency is allowed to investigate a complaint against itself.
All findings from state or local investigations are preliminary and subject to the
concurrence of FHWA Headquarters Civil Rights (HCR). FHWA HRC will render
final decisions in all cases including those investigated by WSDOT. There are no
administrative appeal forums in Title VI complaints. Once FHWA HCR issues its final
agency decision (FAD), a complainant in disagreement with such determination may
file an appeal with the appropriate US District Court.
28.5 Title VI Compliance Reviews
WSDOT/FHWA will conduct periodic reviews of compliance with Federal Title VI
regulations as follows:
1. Compliance Review – The WSDOT Title VI Coordinator will notify Local
Programs and work through the Region Local Programs Engineers to make
arrangements to conduct periodic compliance reviews of local agencies having
approved Title VI Plans/Nondiscrimination Agreements. The compliance
review will focus on how effectively the local agency has implemented Title VI.
Documentation is gathered and individuals with Title VI responsibilities are
interviewed as part of the review process. The local agency will be notified
in writing of the scheduled date and the documents that will be required for the on-
site review.
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2. Local Agency Found in Compliance – If no deficiencies are found during the
on-site review, the local agency will be informed at the conclusion of the review,
followed by a written notice of compliance.
3. Local Agency Found in Noncompliance – If deficiencies are identified during the
review, the local agency will be apprised of them at the conclusion of the review,
followed by written notice, and given 90 days to correct them. After an agency
corrects deficiencies, it will be notified in writing that it is in compliance.
If a local agency does not correct Title VI Program deficiencies identified by
WSDOT or FHWA, it may be subject to sanctions including the suspension of
FHWA funding.
4. Local Agency Responsibilities – Local agencies administering federal aid
contracts are required to conduct on-site compliance reviews of prime contractors
and subcontractors. Agencies needing assistance in conducting on-site reviews
should contact their Region Local Programs Engineer.
28.6 Other Nondiscrimination Statutes Related to Title VI
Limited English Proficiency – LEP (Executive Order 13166) – As noted above,
one of the bases covered under Title VI is national origin. One type of national
origin discrimination is discrimination based on a person’s inability to speak, read,
write, or understand English. The federal government and those receiving federal
financial assistance (recipients, subrecipients, contractors) must take reasonable
steps to ensure that LEP persons have meaningful access to the programs, services,
and information those entities provide. This may require providing written and/or
oral communications in a language other than English. More information regarding
LEP responsibilities can be found at www.lep.gov/recipbroch.html and at www.usdoj.
gov/crt/cor/lep/dotlep.htm.
Environmental Justice (Executive Order 12898) – Procedures for addressing
environmental justice may be found in Chapter 24 of this manual, as well as
Chapter 458 of the Environmental Procedures Manual M 31-11.
28.7 Appendices
28.71 Title VI Plan for Agencies Over 100,000 Population
28.72 Nondiscrimination Agreement Population Under 100,000
28.73 Annual Report for Agency With Population Over 100,000 – Example
28.74 NDA Annual Report Population Under 100,000 – Example
28.75 Title VI Complaint Log
28.76 Title VI Compliance Review Questionnaire for Local Agencies
28.77 USDOT Standard Title VI Assurances
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Title VI Plan for Agencies Appendix 28.71 Over 100,000 Population
February 2018 Page 1
Title VI Plan for Agencies Over 100,000 Population
AgencyFederally Funded Transportation ProgramTITLE VI PLAN
Agency Commissioners
Agency Administrator
Public Works Director
Prepared by:
Grants & Compliance Manager
(Title VI Coordinator)
Office of Budget and Information Services
Appendix III Lease/Deed Provisions 18
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I. Policy Statement, Authorities, and Citations
A. Policy of Nondiscrimination – Agency assures that no person shall on the grounds of race, color, national origin, or sex as provided by Title VI of the Civil Rights Act of 1964, and the Civil Rights Restoration Act of 1987 (P.L. 100.259) be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any Agency
sponsored program or activity.
Agency further assures every effort will be made to ensure non‑discrimination
in all of its programs and activities, whether those programs and activities are
federally funded or not.
In the event Agency distributes
federal aid funds to another entity,
Agency will include Title VI language in all written agreements and will monitor
for compliance.
Title VI compliance is a condition of receipt for federal funds. Assurance of
compliance, therefore, falls under the proper authority of the Board of Agency
Commissioners pursuant to its budgetary authority and responsibility. The Agency
Administrator and Title VI Coordinator are authorized to ensure compliance with
provisions of this policy and with the law, including the requirements of 23 Code
of Federal Regulation (CFR) 200 and 49 CFR 21.
Agency Administrator Date
B. Authorities – Title VI of the 1964 Civil Rights Act provides that no person in the United States shall on the grounds of race, color, national origin, or sex be excluded
from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity receiving federal financial assistance.
The Civil Rights Restoration Act of 1987 broadened the scope of Title VI coverage by expanding the definition of terms “programs or activities” to include all
programs or activities of federal aid recipients, subrecipients, and contractors,
whether such programs and activities are federally assisted or not (Public Law 100‑
259 [S. 557] March 22, 1988).
C. Additional Citations – Title VI of the Civil Rights Act of 1964; 42 USC 2000d to
2000d‑4; 42 USC 4601 to 4655; 23 USC 109(h); 23 USC 324; DOT Order 1050.2;
EO 12250; EO 12898; 28 CFR 50.3
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II. Organization, Staffing, and Structure
A. Organizational Chart – Reporting Relationships
Board of County CommissionersApproves and Adopts Policy
County AdministratorEnsures Compliance With Policy
Director, OBS
Grants and Compliance Manager(Title VI Coordinator)
Director, Human Resources
Senior Human Resources Representative(Title VI Specialist)
Director, Public Works
Environmental Services DivisionEnvironmental Services Manager(Title VI Specialist)
Design and Engineering DivisionCapital Improvement Program Manager(Title VI Specialist)
Director, General Services
Purchasing Manager, Purchasing Division(Title VI Specialist)
Director, Community Development
Long Range Planning Manager(Title VI Specialist)
Operations DivisionDeputy Director Public Works(Title VI Specialist)
Administrative DivisionAssistant to the Public Works Director(Title VI Specialist)
B. Staffing and Structure
Agency Administrator – The Agency Administrator is authorized to ensure
compliance with provisions of the Agency’s policy of nondiscrimination and
with the law, including the requirements of 23 CFR Part 200 and 49 CFR
Part 21. The Agency’s grants compliance function and Title VI coordination
shall be performed under the authority of the Agency Administrator.
Title VI Coordinator – Agency
has created a position of Grants and Compliance Manager to perform the duties of
the Title VI Coordinator (Coordinator) and ensure implementation of the Agency’s
Title VI Federally Funded Transportation Program. The Grants and Compliance
Manager has other duties and responsibilities in addition to Title VI. Although the
Grants and Compliance Manager reports to the Director of the Office of Budget
and Information Services (OBIS), their direct supervisor, this position shall have
an indirect reporting relationship and access to the Agency Administrator.
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Title VI Specialists – Additionally, the Agency has designated Title VI Specialists
(Specialists) in departmental special emphasis program areas. The Specialists, designated below, shall work in concert with the Title VI Coordinator. These key programs or department areas are subject to receiving federal assistance through grants or other types of transportation related funding, or are responsible for implementing Agency directives and policies to ensure civil rights compliance and equal opportunity. The Specialists will work with the Coordinator to ensure their respective departments and programs comply with Title VI regulations and assurances, meet the objectives of the Title VI Plan, meet federal and state reporting requirements, and provide adequate training opportunities for
applicable staff.
Title VI Specialists will work with the Coordinator to ascertain Title VI compliance by contractors, subcontractors, consultants, suppliers and other subrecipients under federally funded projects or programs. Specialists will ensure
applicable Title VI provisions and requirements are included in contractual
agreements to prime contractors and subrecipients. Specialists will work with
the Coordinator to obtain statistical data on race, color, national origin, handicap/
disability, age and sex of participants in, and beneficiaries of federally funded
Agency transportation programs.
Each of the Specialists will maintain data relative to their respective special
emphasis program area, designated below. The Coordinator shall use the data to
complete annual Title VI reports and for other administrative needs.
Public Works Design and Engineering – Capital Improvement Program Manager
Environmental Services Environmental Services Manager
Operations – Deputy Director Public Works
Administration – Assistant to the Public Works Director
Community Development – Long Range Planning Manager
Human Resources – Senior Human Resources Representatives
General Services Purchasing – Purchasing Manager
III. Title VI Plan Implementation and Program Administration
Title VI Coordinator’s Responsibilities and Program Administration – As
authorized by the Agency Administrator, the Title VI Coordinator is responsible for
initiating, monitoring, and ensuring
Agency’s compliance with Title VI requirements as follows:
A. Program Administration – Administer the Title VI program and coordinate implementation of the plan. Ensure compliance with the assurances, policy, and
program objectives. Perform Title VI program reviews to assess administrative
procedures, staffing, and resources; provide recommendations as required to the
Agency Administrator and Director of OBIS.
B. Complaints – Review written Title VI complaints that may be received by
Agency following the adopted
procedural guidelines (see Section V – Complaint Procedures). Ensure every effort
is made to resolve complaints informally at the local or regional level.
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C. Data Collection – Review the statistical data gathering process performed by
Title VI Specialists periodically to ensure sufficiency of data for meeting the requirements of Title VI program administration. (See Section VII – Special Emphasis Program Areas.)
D. Environmental Impact Statements – Ensure that available census data are
included as a part of all Environmental Impact Statements/Assessments (EIS/EIA) conducted by Public Works (PW) for projects receiving Federal Highway Administration or other federal assistance.
E. Training Programs – Conduct or facilitate training programs on Title VI
issues and regulations for Agency employees; and facilitate Title VI training for appropriate staff, contractors and subrecipients. A summary of training conducted will be reported in the annual update.
F. Title VI Plan Update – Review and update the
Agency Transportation
Program, Title VI Plan as needed or required. Present updated plan to the Agency Administrator for approval; submit amended Plan to WSDOT.
G. Annual Accomplishment Report – Prepare an annual report of Title VI
accomplishments and changes to the program in the preceding federal fiscal year;
identify goals and objectives for the upcoming year as required; and submit by October 15.
H. Public Dissemination – Work with Agency staff to develop and disseminate
Title VI program information to
Agency employees and subrecipients, including contractors, subcontractors,
consultants, and subconsultants and beneficiaries, as well as the general public. Public dissemination may include postings of official statements, inclusion of Title VI language in contracts or other agreements, website postings, and annual publication of the Agency’s Title VI Policy Statement in newspaper(s) having a general circulation, and informational brochures. Ensure public service announcements or notices are posted of proposed projects, hearings, meetings, or formation of public advisory boards, in newspapers or other media reaching the affected community. Ensure the full utilization of available minority publications or
media; and, where appropriate, provide written or verbal information in languages
other than English.
I. Elimination of Discrimination – Work with the Public Works Department, Human Resources, and other Agency offices to establish procedures for promptly
resolving deficiencies, as needed. Recommend procedures to identify and eliminate
discrimination that may be discovered in any Agency processes.
J. Maintain Legislative and Procedural Information – Federal laws, rules, and regulations, WSDOT guidelines, the current Agency Title VI Plan, Annual
Accomplishment Reports, and other resource information pertaining to the
implementation and administration of the Agency’s Title VI program will be
maintained and updated by the Coordinator. Information will be made available
to other Agency departments or the public as requested or required.
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IV. NHI Education and Title VI Training
In keeping with adopted Agency policy of nondiscrimination, departmental procedures will be established or followed for Public Works employees to have equal access to applicable educational and training opportunities. Public Works staff will maintain program administration documentation and data necessary for preparation of annual Title VI reports, and will routinely supply
the necessary data to the Title VI Coordinator.
A. National Highway Institute (NHI) Education – The Coordinator will be notified when training for the National Highway Institute courses or workshops become available to Agency Public Works employees. The Director of the Department of
Public Works will establish policy for the selection of participants interested in
taking part in the National Highway Institute Training workshops to ensure that no
one is denied participation or subjected to discrimination on the basis of race, color,
national origin or sex. A report will be completed and forwarded to the Coordinator
upon completion of each educational seminar or course throughout the course of
the year, which shall include the name of each participant, their title, division, sex
and ethnicity for use in completing the annual Title VI accomplishment report.
B. Title VI Training – The Coordinator is responsible for overall Title VI related
training and staff development for Title VI Specialists and other Agency
employees. The Coordinator will organize or conduct a minimum of one internal
Title VI training session annually. The Coordinator will organize and facilitate the
provision of Title VI training sessions for consultants, contractors, and
subcontractors periodically. WSDOT’s Office of Equal Opportunity Internal and External Civil Rights Branch and the Contract Compliance Office may be asked to provide applicable training.
C. Selection of Instructors – The Coordinator will collaborate with the Agency’s
Purchasing Division to ensure Agency policy is followed in the selection of instructors for Agency Public Works training courses/ workshops, and ensure equal opportunity in the selection process for all training contracts. Per adopted policy, the Agency will provide accessibility to Minority/Women/Disadvantage Business Enterprise consulting and training firms to compete for training contracts.
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V. Complaint Procedures – Allegations of Discrimination in Federally-Assisted Programs or Activities
A. Overview – These procedures cover all complaints filed under Title VI of
the Civil Rights Act of 1964 as amended, Section 504 of the Rehabilitation
Act of 1973, Civil Rights Restoration Act of 1987, and the Americans with Disabilities Act of 1990, relating to any program or activity administered by Agency, as well as to subrecipients, consultants, and contractors. Intimidation or retaliation of any kind is prohibited by law.
The procedures do not deny the right of the complainant to file formal complaints with other state or federal agencies or to seek private counsel for complaints alleging discrimination. Every effort will be made to resolve complaints informally at the Agency and subrecipient level. The option of informal mediation meeting(s) between the affected parties and a designated mediator may be utilized for resolution.
B. Procedures
1. Any individual, group of individuals, or entity that believes they have been
subjected to discrimination prohibited by nondiscrimination requirements may file a written complaint with Agency Human Resources, Public Works or Board of Agency Commissioners. A formal complaint must be filed within 180 calendar days of the alleged occurrence. The Agency will not officially act or respond to complaints made verbally.
2. Upon receiving the written complaint, Agency will determine its jurisdiction, acceptability, need for additional information, and the investigative merit of the complaint. In some situations, the Agency may request the Washington State Department of Transportation (WSDOT) Office of Equal Opportunity conduct the investigation. In the event WSDOT handles the investigation, they will follow their adopted procedures for investigating
discrimination complaints, per their current State Title VI Plan.
3. If the complaint is against a subrecipient, consultant, or contractor, under contract with the Agency the appropriate division and/or agency shall be notified of the complaint, within 15 calendar days.
4. Once the Agency decides its course of action, the complainant and the respondent will be notified in writing of such determination within five calendar days. The complaint will be logged into the records of the Title VI Coordinator, and the basis for the allegation identified including race, color, national origin, handicap/disability, age, or sex.
5. In cases where Agency assumes investigation of the complaint, the Agency will provide the respondent with the opportunity to respond to the allegations in writing. The respondent will have ten calendar days upon receipt, to furnish the Agency with his/her response to the allegations.
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6. Within 60 days of receipt of the complaint, the Coordinator or WSDOT
investigator will prepare a written investigative report for the Agency Engineer and Agency Administrator. The report shall include a narrative description of the incident, identification of persons interviewed, findings and recommendations for disposition.
7. The recommendation shall be reviewed by the Prosecuting Attorney’s office (PA). The PA may discuss the report and recommendations with the Coordinator and other appropriate departmental staff. The report will be modified as needed and made final for its release to the parties.
8. Once the investigative report becomes final, briefings will be scheduled with each party within 15 days. Both the complainant and the respondent shall receive a copy of the investigative report during the briefings and will be notified of their respective appeal rights.
9. A copy of the complaint and
Agency’s investigative report will be issue to WSDOT’s External Civil Rights Branch (or the appropriate oversight agency) within 60 calendar days of the receipt of the complaint.
10. If the complainant or respondent is not satisfied with the results of the
investigation of the alleged discriminatory practice(s) he or she shall be advised of their rights to appeal the agency’s decision to WSDOT, U.S. Department of Transportation or U.S. Department of Justice. The complainant has 180 calendar days after the appropriate agency’s final resolution to appeal to USDOT. Unless new facts not previously considered come to light, reconsideration of the final determination by the investigating agency will not be available.
11. An annual Log of Complaints must be maintained by each agency. The Log of Complaints must contain the following information for each complaint filed:
• The name and address of the person filing the complaint.
• The date of the complaint.
• The basis of the complaint.
• The disposition of the complaint.
• The status of the complaint.
Only qualified, well‑trained investigators should conduct these investigations. No agency is allowed to investigate a complaint against itself.
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VI. Subrecipient Review and Remedial Action Procedures
A. Title VI Review of Subrecipients of Federal Aid Highway Funds – Public Works Specialists and the Coordinator will assist WSDOT to periodically conduct Title VI compliance reviews. Title VI Specialists and Public Works staff will review select recipients of federal aid highway or other federal funds, to ensure adherence to Title VI requirements (see Section VII). The Coordinator and
Specialists will work cooperatively to periodically confirm operational guidelines
provided to consultants, contractors, and subrecipients, including Title VI language,
provisions, and related requirements, as applicable.
B. Post-Grant Reviews – The Coordinator will collaborate with Specialists and
Public Works staff to conduct periodic post grant reviews of select recipients
of federal highway funds or other federal funds, for roads, sidewalks, bridges,
municipal construction, etc. to ensure adherence to Title VI requirements
(see Section VII). Appropriate staff will periodically confirm that operational
guidelines provided to consultants, contractors and subrecipients include
Title VI language and provisions and related requirements, where applicable.
C. Remedial Action – When irregularities occur in the administration
of federal aid highway programs at either the Agency or subrecipient
levels, corrective action will be taken to resolve identified Title VI issues.
Agency will seek the cooperation
of the consultant, contractor or other subrecipient in correcting deficiencies found
during periodic reviews. Agency
will provide technical assistance and guidance, upon request, to support voluntarily
compliance by the subrecipient. When conducting Title VI compliance reviews, the Agency will reduce to writing any recommended remedial action agreed upon by the Agency and subrecipient, and provide a copy of the letter within a period not to exceed 45 days.
Subrecipients placed in a deficiency status will be given a reasonable time, not to exceed 90 days after receipt of the deficiency letter, to voluntarily correct deficiencies. When a subrecipient fails or refuses to voluntarily comply with requirements within the allotted time frame, Agency will submit to WSDOT and FHWA copies of the case file and a recommendation that the subrecipient be found in noncompliance.
A follow‑up review will be conducted within 180 days of the initial review to ascertain if the subrecipient has complied with the Title VI Program requirements in correcting deficiencies previously identified. If the subrecipient refuses to comply, Agency and WSDOT may, with FHWA’s concurrence, initiate sanctions per 49 CFR 21.
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VII. Title VI Implementation Activities in Special Emphasis Program Areas
A. Planning and Location Activities
1. Planning Process – The Agency Engineer has responsibility for providing long‑range planning (through a service agreement with Community Development), program development, and capital programming necessary to provide efficient transportation services to Agency citizens. The Agency Engineer annually updates and coordinates Agency’s six‑year plan for transportation improvement programs and projects. The update also informs other Agency jurisdictions of the current planning direction for transportation needs. Projects included
in the update are the result of evaluation and prioritization of needs in various
transportation areas. The evaluation process includes input from various
divisions in the department, cities, local jurisdictions and organizations, citizen
groups, and private individuals. All six‑year plans must be consistent with the
adopted Comprehensive Plan approved under the State’s Growth Management
Act.
2. Authorities – Agency Code;
23 CFR 450; RCW 35.77; RCW 36; RCW 47.06; RCW 47.80
3. Public Involvement in Planning Activities and Title VI
a. Invite participation of a cross section of the populace from social, economic, and ethnic groups in the planning process by disseminating written program information to minority media and ethnic organizations,
and providing public service announcements for all local media,
when forming citizen advisory committees or planning board, and
requesting involvement.
b. Public Works staff will obtain demographic statistics at applicable community meetings and public hearings involving transportation
planning sessions. Data will be gathered through use of a voluntary self‑
reporting form which includes race, gender, and national origin. Copies
of the completed forms will be provided to Title VI Coordinator after
each meeting.
c. To ensure access to public meetings, evening meetings will be conducted
in a variety of community buildings throughout the Agency, including
those along transit routes, ensure translation services are available if
anticipated, and ensure public meetings are held in predominantly minority
communities when transportation projects will specifically impact
those communities.
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B. Consultant Contracts Activities
1. Consultant Contracts Administration – The D&E Division is responsible
for recommending consultant firms to the Agency Engineer for final selection,
negotiation and award. The Division administers awarded consultant contracts.
2. Authorities – Agency
Ordinance 90‑81; WSDOT Local Agency Guidelines; 48 CFR 31; 23 CFR 172
3. Consultant Selection Process – Public Works staff will request qualifications
from consulting engineering firms specializing in various aspects of civil
engineering which may relate to public works projects and the development of
construction plans and special provisions for roads and bridges, design work
associated with structures, performing environmental studies or preparing
NEPA or SEPA documents for public works projects.
Consultant selection from the certified list maintained by the Purchasing
Division adheres to Washington State regulations (RCWs) and is consistent
with Agency vendor policies.
4. Title VI Assurances and Provisions
a. Include applicable Disadvantaged Business Enterprise (DBE) goals in
designated projects, and seek to proactively achieve the goal(s).
b. Include Title VI assurance and provision language in all federally funded consultant contracts. Periodically review documents and language to ensure compliance with current laws and regulations. Provide a copy of the form of the contract to the Coordinator, and any amendments or updates that may occur over time.
c. A Public Works Specialist will maintain updated demographic data on the
utilization of women‑and minority‑owned consulting firms. As they occur,
a copy of the award letter will be provided to the Coordinator for use in
preparing the Annual Update Accomplishment Report.
C. Design and Engineering/Environmental Activities
1. The Public Works Design and Engineering Division is responsible for the Capital Improvement Program (CIP) and environmental permitting for projects. Studies are performed to assess various environmental factors as they relate to the implementation of the Agency’s Annual Road Program, including
evaluating demographic data.
2. Authorities – Agency Ordinance; WSDOT Local Agency Guidelines; Standard Plans WSDOT/APWA ‑ M 21‑01; Title 23, USC 109(d), 14(a), 217, 315 and 402(a); 23 CFR 1204.4; 23 CFR 771; EO 12898; 49 CFR 1.48(b)(33) and 1.48(c)(2; National
Environmental Policy Act of 1969, 42 USC 4321; 40 CFR Part 1500; 49 CFR
Part 622; Environmental Procedures Manual M 31‑11; EO 12898
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3. Design/Environmental Review Process and Title VI
a. Depending on the scope, complexity, and impacts of a project, a National
Environmental Policy Act (NEPA), NEPA Categorical Exclusion, NEPA
Environmental Assessment, State Environmental Policy Act (SEPA)
checklist, SEPA Determination of Non Significance, or NEPA and/or
SEPA Environmental Impact Statement will be completed.
b. Monitor compliance with Title VI requirements in all aspects of
conducting Environmental Impact Statements or Assessments. Provide
a comprehensive summary of the demographic and environmental data
elements to be considered by the EIS/EIA process to the Coordinator; including updated summary lists as applicable. Incorporate into the review process, adequate.
c. Time for the Coordinator to review and comment, as applicable, on the draft
EIS/EIA to ensure there are no violations of the Federal Civil Rights Act, as amended, as a result of the agency’s federal aid highway activities.
d. In order to ensure dissemination of information and foster participation
from affected populations, the Public Works staff will place public notices
in applicable general and minority media; select accessible locations and times for public hearings or meetings, and arrange for translation services as needed; particularly in projects impacting predominantly minority communities. Ensure the public has information pertaining to their rights to call or write the department to view plans and discuss environmental problems.
e. Public Works staff will obtain demographic data at community meetings and public hearings pertaining to the transportation design phase. Data will be gathered through use of a voluntary sign‑up form which includes race, gender, and national origin. Copies of the voluntary self‑reporting forms will be provided to the Coordinator after each meeting.
f. Public Works staff shall provide a copy of the Annual Construction Report to the Title VI Coordinator in or around April of each year. The Coordinator shall work with the Agency GIS Department to generate a map of the federally funded transportation projects to include demographic data of the neighborhoods affected by the projects.
D. Right of Way Activities
1. Real Property Services – The Local Programs Right of Way section oversees the appraisal and acquisition of real property and relocation assistance services for federally funded public works projects. The right of way acquisition process entails appraisal of property, negotiation of terms and conditions for acquisition, and assistance in the relocation of displaced individuals, businesses, farm operations, nonprofit organizations, and property management. The Real Estate Services Office is located in the Development Division.
2. Authorities – Right of Way Manual M 26‑01; 23 CFR 130; 49 CFR 24; RCW 8.26; RCW 47; WAC 468‑100
AGENDA ITEM #2. a)
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3. Right of Way Activities and Title VI
a. Ensure equal opportunity in all aspects of procuring real estate service
contracting and appraisal agreements. Follow adopted Agency vendor
procurement policies in the acquisition of contracted services.
b. Utilize current OMWBE directories identifying fee appraiser organizations
and the Washington State Department of Transportation’s list of certified
fee appraisers when seeking services. Maintain data on awards to minority
and female appraisers, and provide data to the Title VI Coordinator on a
quarterly basis.
c. Follow the guidelines in the Right of Way Manual M 26‑01 for property
acquisition as well as applicable laws and regulations, including Title VI
and Section 504.
d. Adhere to departmental policy of apprising affected property owners,
tenants, and others involved in right of way acquisition of their rights and
options regarding negotiation, relocation, condemnation and other aspects
of the acquisition process.
e. Provide copies of the relocation assistance literature produced by WSDOT
and a copy of the Agency
Title VI Compliance brochure to all affected parties.
f. Incorporate Title VI language and assurance statements in all brochures
that are provided to property owners and tenants impacted by a highway
transportation project. Monitor all program functions for compliance with
Title VI provisions throughout real estate acquisition process.
g. Ensure that appraised values and communications associated with the
appraisal and negotiation operations result in equitable treatment.
h. Ensure comparable replacement dwellings are available and assistance is given to all displaced persons and entities by the property acquisition process.
i. Maintain statistical data including race, color, national origin, and sex on all relocatees affected by federally funded projects, and provide detailed demographic data quarterly to the Title VI Coordinator.
E. Construction and Maintenance Activities
1. Construction Management Section – This section is located in the Design and Engineering Division, and is responsible for administration of all new construction contracts and inspecting bridges. The D&E Division is responsible for oversight and the administration of transportation construction projects, as set forth by policy decisions and supervision of the Agency Engineer.
2. Authorities – Construction Manual M 41‑01; Maintenance Manual M 51‑01; Local Agency Guidelines M 36‑63; Standard Specifications for Road, Bridge, and Municipal Construction M 41‑10.
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3. Maintenance – The Operations Division is responsible for the efficient
program for maintaining Agency roads, bridges, and parks/grounds by economically utilizing the resources of contractors, equipment, and materials.
4. Authorities – Maintenance Manual M 51‑01; Construction Manual M 41‑01;
Standard Specifications for Road, Bridge and Municipal Construction M 41‑10;
Clark Agency Road Standards
5. Construction and Maintenance Activities and Title VI
a. Review all federally funded projects for application of DBE goals.
As appropriate, include DBE provisions in those projects with designated
goals. Include Title VI language in bid announcements and applicable
construction documents, as stipulated in the Agency’s Title VI Policy
Statement (p. 2) and Assurances (Addendum 2, p. 14‑15) herein.
b. Award construction contracts on the basis of lowest responsive bidder,
as well as meeting DBE requirements. Include Title VI language in prime
contract award letters to encourage utilization of DBE subcontracts
and vendors.
c. Ensure that prime contractors with DBE requirements award contracted
work to qualified DBEs which perform commercially useful functions.
d. Monitor all maintenance and construction operations to ensure
nondiscrimination throughout all operations.
e. Coordinate the gathering of maintenance and construction information regarding DBE participation for the Annual Title VI Report; and provide to the Coordinator.
AGENDA ITEM #2. a)
Title VI Plan for Agencies Over 100,000 Population Appendix 28.71
WSDOT Local Agency Guidelines M 36-63.35 Page 28-21
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February 2018 Page 15
Exhibit 1 – Agency Title VI Notice to
the Public
Agency hereby gives public notice that it is the Agency’s policy to assure full compliance with Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987, and related statutes and regulations in all programs and activities. Title VI requires that no person shall, on the grounds of race, color, sex, or national origin be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination under any Federal Aid Highway program or other activity for which Agency receives federal financial
assistance.
Any person who believes they have been aggrieved by an unlawful discriminatory practice under Title VI has a right to file a formal complaint with Agency. Any such complaint must
be in writing and filed with the
Agency Title VI Coordinator within one hundred, eighty (180) days following the date
of the alleged discriminatory occurrence. Title VI Discrimination Complaint Forms
may be obtained from the Human Resources office at no cost to the complainant by
calling xxx‑xxx‑xxxx.
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Page 16 February 2018
Exhibit 2 – Agency Title VI
Assurances
The Agency of in the State of Washington, (hereinafter referred to as the “Recipient”), HEREBY AGREES THAT as a condition to receiving any federal financial assistance from the U.S. Department of Transportation will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 USC 2000d‑‑42 USC 2000d‑‑4 (hereinafter referred to as the Act), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary
Part 21, Nondiscrimination in Federally‑Assisted Programs of the Department of
Transportation‑‑Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter
referred to as the Regulations), and other pertinent directives, to the end that in
accordance with the Act, Regulations, and other pertinent directives, no person
in the United States shall, on the grounds of race, color, sex, or national origin be
excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which the Recipient receives federal
financial assistance through the Washington State Department of Transportation,
including the U.S. Department of Transportation and Federal Highway Administration, and HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary to effectuate this agreement. This Assurance is required by Subsection 21.7(a)(1) of the Regulations.
More specifically and without limiting the above general assurance, the Recipient hereby gives the following specific assurances to its Federal Aid Highway Program:
1. That the Recipient agrees that each “program” and each “facility” as defined
in Subsections 21.23(e) and 21.23(b) of the Regulations, will be (with regard
to a “program”) conducted, or will be (with regard to a “facility”) operated in compliance with all requirements imposed by, or pursuant to, the Regulations.
2. That the Recipient shall insert the following notification in all solicitations for
bids for work or material subject to the Regulations made in connection with
the Federal Aid Highway Program, and in adapted form in all proposals for negotiated agreements:
Agency in accordance with Title
VI of the Civil Rights Act of 1964 and 78 Stat. 252, 42 USC 2000d‑‑4 and Title
49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office
of the Secretary, Part 21, Nondiscrimination in Federally‑Assisted Programs of
the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award.
3. That the Recipient shall insert the clauses of Appendix 1 of this Assurance in every contract subject to the Act and the Regulations.
AGENDA ITEM #2. a)
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February 2018 Page 17
4. That the Recipient shall insert the clauses of Appendix 2 of this Assurance, as
a covenant running with the land, in any deed from the United States effecting a transfer of real property, structures, or improvements thereon, or interest therein.
5. That where the Recipient receives federal financial assistance to construct a facility,
or part of a facility, the Assurance shall extend to the entire facility and facilities
operated in connection therewith.
6. That where the Recipient receives federal financial assistance in the form, or for
the acquisition of real property, or an interest in real property, the Assurance shall
extend rights to space on, over or under such property.
7. That the Recipient shall include the appropriate clauses set forth in Appendix 3
of this Assurance, as a covenant running with the land, in any future deeds, leases,
permits, licenses, and similar agreements entered into by the Recipient with other
parties: (a) for the subsequent transfer of real property acquired or improved under
the Federal Aid Highway Program; and (b) for the construction or use of or access to space on, over or under real property acquired, or improved under the Federal Aid Highway Program.
8. That this Assurance obligates the Recipient for the period during which federal
financial assistance is extended to the program, or is in the form of, personal property, or real property or interest therein or structures or improvements thereon, in which case the Assurance obligates the Recipient or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which the federal financial assistance is extended, of for another purpose involving the provision of similar services or benefits; or (b) the period during which the Recipient retains ownership or possession of the property.
9. The Recipient shall provide for such methods of administration for the program as are found by the Secretary of Transportation, or the official to whom s/he delegates specific authority to give reasonable guarantee that it, other recipients, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial endorsement with regard to any matter arising under the Act, the Regulations, and this Assurance.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federal grants, loans, contracts, property, discounts or other federal financial assistance extended after the date hereof to the Recipient by the U.S. Department of Transportation under the Federal Aid Highway Program and is binding on it, other recipients, subgrantees, contractors, subcontractors, transferees,
successors in interest and other participants in the Federal Aid Highway Program.
The person whose signature appears below is authorized to sign this Assurance on
behalf of the Recipient.
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Exhibit 2A – ,
Agency Administrator Date
1 – Title VI Assurances For Consultants, Contractors, Subcontractors, Suppliers, and Manufacturers
Agency will insert or add the following clauses into every contract subject to the Act and Regulations associated with the receipt of federal financial assistance:
During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the “contractor”) agrees as follows:
1. Compliance With Regulations – The contractor shall comply with the Regulations Relative to Nondiscrimination in Federally‑Assisted Programs of the Department of Transportation (hereinafter DOT), Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination – The contractor, with regard to the work performed during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations,
including employment practices when the contract covers a program set forth in
Appendix B of the Regulations.
3. Solicitations for Subcontracts, including Procurement of Materials and Equipment – In all solicitations either by competitive bidding or negotiations
made by the contractor for work to be performed under a subcontract, including
procurement of materials or leases of equipment, each potential subcontractor or
supplier shall be notified by the contractor of the contractor’s obligations under
this contract and the Regulations relative to nondiscrimination on the ground of
race, color, sex, or national origin.
4. Information and Reports – The contractor shall provide all information
and reports required by the Regulations or directives issued pursuant
thereto, and shall permit access to its books, records, accounts, other
sources of information, and its facilities as may be determined by
Agency or the Washington
State Department of Transportation to be pertinent to ascertain compliance
with such Regulations, orders and instructions. Where any information
required of a contractor is in the exclusive possession of another who fails
or refuses to furnish this information, the contractor shall so certify to Agency, or the Washington State Department of Transportation as appropriate, and shall set forth what efforts it has made to obtain the information.
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February 2018 Page 19
5. Sanctions for Noncompliance – In the event of the contractor’s
noncompliance with the nondiscrimination provisions of this contract, Agency and the Washington State Department of Transportation shall impose such contract sanctions as it, or the Federal Highway Administration may determine to be appropriate, including, but not limited to:
a. Withholding of payments to the contractor under the contract until the contractor complies, and/or;
b. Cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions – The contractor shall include the provisions
of paragraphs (1) through (6) in every subcontract, including procurement of
materials and leases of equipment, unless exempt by the Regulations, or directives
issued pursuant thereto. The contractor shall take such action with respect to any
subcontractor or procurement as
Agency or the U.S. Department of Transportation, Federal Highway Administration, may direct as a means of enforcing such provisions including sanctions for noncompliance.
Provided, however, that in the event a contractor becomes
involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request Agency enter into such litigation to protect the interests of the Agency and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
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Exhibit 2B – Granting and Habendum Clauses
When Agency is the recipient of real property, structures or improvements thereon, or interest therein from the United States, the following clauses shall be included in any and all deeds affecting or recording the transfer of property:
GRANTING CLAUSE
NOW, THEREFORE, Agency, as
authorized by law, will accept title to the lands and maintain the project constructed
thereon, in accordance with Title 23, United States Code, the Regulations for
the Administration of Federal Aid for Highways and the policies and procedures prescribed by the Federal Highway Administration of the Department of Transportation and, also in accordance with and in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non‑Discrimination in Federally‑Assisted Programs of the Department of Transportation (hereinafter referred to as the Regulations) pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252:42 USC 2000d to 2000d‑‑4) does hereby remise, release, quitclaim, and convey unto Agency all the right, title, and interest of the Department of Transportation in and to
said land described in Exhibit A attached hereto and made a part thereof.
HABENDUM CLAUSE
TO HAVE AND TO HOLD said lands and interests therein unto Agency, and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or
benefits and shall be binding on
Agency, its successors, and assigns.
Agency, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no
person shall on the grounds of race, color, sex, or national origin be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination
with regard to any facility located wholly or in part on, over, or under such lands
hereby conveyed (,) (and)11 (2) that
Agency, shall use the lands and interests in lands so conveyed, in compliance
with all requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the Secretary,
Part 21, Non‑Discrimination of Federally‑Assisted Programs of the Department of Transportation‑‑Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended (,) and (3) that in the event of breach of any of the above mentioned nondiscrimination conditions, the Agency shall have a right to reenter said lands and facilities on said land, and the above described land and facilities shall thereon revert to and vest in and become the absolute property of the Department of Transportation and its assigns as such interest existed prior to this instruction.
1 Reverter Clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate
the purposes of Title VI of Civil Rights Act of 1964.
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Exhibit 2C – Lease/Deed Provisions
Upon receipt of federal financial assistance to construct a facility or part of a facility, the Recipient agrees to include these clauses in all future deeds, licenses, leases, permits, or similar instruments entered into by Agency pursuant to the provisions of Title VI Assurances, item 7:
The LESSEE, for himself or herself, his or her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that in the event facilities are constructed, maintained, or otherwise operated on the said property described in
this lease, for a purpose for which a US Department of Transportation program or
activity is extended or for another purpose involving the provision of similar services
or benefits, the LESSEE shall maintain and operate such facilities and services in
compliance with all other requirements imposed pursuant to Title 49, Code of Federal
Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary,
Part 21, Non‑Discrimination in Federally‑Assisted Programs of the U.S. Department
of Transportation‑‑Effectuation of Title VI of the Civil Rights Act of 1964, as said
Regulations may be amended.
That in the event of breach of any of the above nondiscrimination covenants, the
Agency shall have the right to terminate the lease, and to reenter and repossess said
land and the facilities thereon, and hold the same as if said lease had never been made
or issued.
The following shall be included in all deeds, licenses, leases, permits, or similar
agreements entered into by Agency
pursuant to the provisions of Title VI Assurances, Item 7.
The LESSEE, for himself or herself, his or her personal representatives, successors
in interest, and assigns, as a part of the consideration hereof, does hereby covenant
and agree as a covenant running with the land that (1) no person, on the grounds
of race, color, sex, or national origin shall be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination in the use of said
facilities, (2) that in the construction of any improvements on, over or under such
land and furnishing of services thereon, no person on the grounds of race, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the LESSEE shall use the premises in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non‑Discrimination in Federally‑Assisted Programs of the U.S. Department of Transportation‑‑Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
That in the event of breach of any of the above nondiscrimination covenants, the Agency shall have the right to terminate the lease, and to re‑enter and repossess said land and the facilities thereon, and hold the same as if said lease had never been made or issued.
AGENDA ITEM #2. a)
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AGENDA ITEM #2. a)
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February 2018
Nondiscrimination Agreement Appendix 28.72 Population Under 100,000
April 2014 Page 1
Nondiscrimination Agreement Population Under 100,000
Washington State Department of Transportation
and Name of Recipient Policy Statement
The (Name of Recipient), hereinafter referred to as the “Recipient” assures that no person shall on the grounds of race, color, national origin, or sex, as provided by Title VI of the Civil Rights Act of 1964, and the Civil Rights Restoration Act of 1987 (P.L. 100.259) be excluded from participation in, be denied the benefi ts of, or be otherwise subjected to discrimination under any program or activity. The Recipient further assures every effort will be made to ensure nondiscrimination in all of its
programs and activities, whether those programs and activities are federally funded
or not.
The Civil Rights Restoration Act of 1987, broadened the scope of Title VI coverage by expanding the defi nition of terms “programs or activities” to include all programs or
activities of federal aid recipients, sub-recipients, and contractors/consultants, whether
such programs and activities are federally assisted or not (Public Law 100259 [S.557]
March 22, 1988).
In the event the Recipient distributes federal aid funds to a sub-recipient, the
Recipient will include Title VI language in all written agreements and will monitor
for compliance.
The Recipient’s (Name of person/division), is responsible for initiating and monitoring Title VI activities, preparing reports and other responsibilities as required by 23 Code
of Federal Regulation(CFR) 200 and 49 Code of Federal Regulation 21.
Signature
Title
Date
Title VI ProgramOrganization and Staffi ng
Pursuant to 23 CFR 200, (Name of Recipient) has designated a Title VI Coordinator who is responsible for Attachment 1, which describes the hierarchy for (Name of Recipient)’s Title VI Program, including an organization’s chart illustrating the level and placement of Title VI responsibilities.
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Assurances49 CFR Part 21.7
The (Name of the Recipient), hereby gives assurances:
1. That no person shall on the grounds of race, color, national origin, and sex, be excluded from participation in, be denied the benefi ts of, or be otherwise subjected to discrimination under any program or activity conducted by the recipient regardless of whether those programs and activities are federally funded or not. Activities and programs which the recipient hereby agrees to carry out in compliance with Title VI and related statutes include but are not limited to:
• List all major Transportation programs and activities of the recipient and
Title VI responsibilities for each one of them. Include information as
Attachment 2 to this Nondiscrimination Agreement.
2. That it will promptly take any measures necessary to effectuate this agreement.
3. That each Transportation program, activity, and facility (i.e., lands change to
roadways, park and ride lots, etc.) as defi ned at 49 CFR 21.23(b) and (e), and the
Civil Rights Restoration Act of 1987 will be (with regard to a program or activity)
conducted, or will be (with regard to a facility) operated in compliance with the
nondiscriminatory requirements imposed by, or pursuant to, this agreement.
4. That these assurances are given in consideration of and for the purpose of
obtaining any and all federal grants, loans, contracts, property, discounts or other
federal fi nancial assistance extended after the date hereof to the recipient by the
Washington State Department of Transportation (WSDOT) under the federally-
funded program and is binding on it, other recipients, subgrantees, contractors,
sub-contractors, transferees, successors in interest and other participants. The
person or persons whose signatures appear below are authorized to sign these assurances on behalf of the Recipient.
5. That the Recipient shall insert the following notifi cation in all solicitations for
bids for work or material subject to the Regulations and made in connection with
all federally-funded programs and, in all proposals for negotiated agreements.
The Recipient, in accordance with Title VI of the Civil Rights Act of 1964,
78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Offi ce of the Secretary,
Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation issued pursuant to such Act, hereby notifi es all bidders that it will affi rmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defi ned at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award.
AGENDA ITEM #2. a)
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6. That the Recipient shall insert the clauses of Appendix 1 of this Agreement in every
contract subject to the Act and the Regulations.
7. That the Recipient shall insert the clauses of Appendix 2 of this Agreement, as
a covenant running with the land, in any deed from the United States effecting a
transfer of real property, structures, or improvements thereon, or interest therein.
8. That the Recipient shall include the appropriate clauses set forth in Appendix 3 of
this Agreement, as a covenant running with the land, in any future deeds, leases,
permits, licenses, and similar agreements entered into by the Recipient with other
parties: (a) for the subsequent transfer of real property acquired or improved under
a federal aid program; and (b) for the construction or use of or access to space on, over or under real property acquired, or improved under a federal aid program.
9. The Recipient agrees that the United States has a right to seek judicial enforcement
with regard to any matter arising under the Act, the Regulations, and this
agreement.
Implementation Procedures
This agreement shall serve as the recipient’s Title VI plan pursuant to 23 CFR 200
and 49 CFR 21.
For the purpose of this agreement, “Federal Assistance” shall include:
1. Grants and loans of federal funds.
2. The grant or donation of federal property and interest in property.
3. The detail of federal personnel.
4. The sale and lease of, and the permission to use (on other than a casual or transient basis), Federal property or any interest in such property without consideration or at a nominal consideration, or at a consideration which is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale or lease to the recipient.
5. Any federal agreement, arrangement, or other contract which has as one of its purposes, the provision of assistance.
The recipient shall:
1. Issue a policy statement, signed by the head of the recipient, which expresses its commitment to the nondiscrimination provisions of Title VI. The policy statement shall be circulated throughout the recipient’s organization and to the general public. Such information shall be published where appropriate in languages other than English.
2. Take affi rmative action to correct any defi ciencies found by WSDOT or the United States Department of Transportation (USDOT) within a reasonable time period, not to exceed 90 days, in order to implement Title VI compliance in accordance with this agreement. The head of the recipient shall be held responsible for implementing Title VI requirements.
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3. Designate a civil rights coordinator who has a responsible position in the
organization and easy access to the head of the recipient. The civil rights coordinator shall be responsible for initiating and monitoring Title VI activities and preparing required reports.
4. The civil rights coordinator shall adequately implement the civil rights
requirements.
5. Process complaints of discrimination consistent with the provisions contained in
this agreement. Investigations shall be conducted by civil rights personnel trained
in discrimination complaint investigation. Identify each complainant by race,
color, national origin or sex, the nature of the complaint, the date the complaint was fi led, the date the investigation was completed, the disposition, the date of the disposition, and other pertinent information. A copy of the complaint, together with a copy of the recipient’s report of investigation, will be forwarded to WSDOT’s Offi ce of Equal Opportunity (OEO) within 10 days of the date the complaint was received by the recipient.
6. Collect statistical data (race, color, national origin, sex) of participants in, and benefi ciaries of the Transportation programs and activities conducted by the recipient.
7. Conduct Title VI reviews of the recipient and sub-recipient contractor/consultant program areas and activities. Revise where applicable, policies, procedures and directives to include Title VI requirements.
8. Attend training programs on Title VI and related statutes conducted by
WSDOT OEO.
9. Prepare a yearly report of Title VI accomplishments for the last year and goals
for the next year. This report is due one year from the date of approval of the
Nondiscrimination Agreement and then annually on the same date.
a. Annual Work Plan – Outline Title VI monitoring and review activities planned
for the coming year; state by which each activity will be accomplished and
target date for completion.
b. Accomplishment Report – List major accomplishments made regarding
Title VI activities. Include instances where Title VI issues were identifi ed
and discrimination was prevented. Indicate activities and efforts the Title
VI Coordinator and program area personnel have undertaken in monitoring
Title VI. Include a description of the scope and conclusions of any special
reviews (internal or external) conducted by the Title VI Coordinator. List any major problem(s) identifi ed and corrective action taken. Include a summary and status report on any Title VI complaints fi led with the recipient.
AGENDA ITEM #2. a)
Nondiscrimination Agreement Population Under 100,000 Appendix 28.72
WSDOT Local Agency Guidelines M 36-63.35 Page 28-33
February 2018
April 2014 Page 5
Discrimination Complaint Procedure
1. Any person who believes that he or she, individually, as a member of any specifi c class, or in connection with any disadvantaged business enterprise, has been subjected to discrimination prohibited by Title VI of the Civil Rights Act of 1964, the American with Disabilities Act of 1990, Section 504 of the Vocational Rehabilitation Act of 1973 and the Civil Rights Restoration Act of 1987, as amended, may fi le a complaint with the recipient. A complaint may also be fi led by a representative on behalf of such a person. All complaints will be referred to
the recipient’s Title VI Coordinator for review and action.
2. In order to have the complaint consideration under this procedure, the complainant must fi le the complaint no later than 180 days after:
a. The date of alleged act of discrimination; or
b. Where there has been a continuing course of conduct, the date on which that conduct was discontinued.
In either case, the recipient or his/her designee may extend the time for fi ling or
waive the time limit in the interest of justice, specifying in writing the reason
for so doing.
3. Complaints shall be in writing and shall be signed by the complainant and/or the
complainant’s representative. Complaints shall set forth as fully as possible the
facts and circumstances surrounding the claimed discrimination. In the event that
a person makes a verbal complaint of discrimination to an offi cer or employee of the recipient, the person shall be interviewed by the Title VI Coordinator. If necessary, the Title VI Coordinator will assist the person in reducing the complaint to writing and submit the written version of the complaint to the person for signature. The complaint shall then be handled according to the recipient’s investigative procedures.
4. Within 10 days, the Title VI Coordinator will acknowledge receipt of the allegation, inform the complainant of action taken or proposed action to process the allegation, and advise the complainant of other avenues of redress available, such as WSDOT and USDOT.
5. The recipient will advise WSDOT within 10 days of receipt of the allegations. Generally, the following information will be included in every notifi cation to WSDOT:
a. Name, address, and phone number of the complainant.
b. Name(s) and address(es) of alleged discriminating offi cial(s).
c. Basis of complaint (i.e., race, color, national origin, or sex)
d. Date of alleged discriminatory act(s).
e. Date of complaint received by the recipient.
f. A statement of the complaint.
g. Other agencies (state, local, or federal) where the complaint has been fi led.
h. An explanation of the actions the recipient has taken or proposed to resolve
the issue raised in the complaint.
AGENDA ITEM #2. a)
Appendix 28.72 Nondiscrimination Agreement Population Under 100,000
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Page 6 April 2014
6. Within 60 days, the Title VI Coordinator will conduct an investigation of the
allegation and based on the information obtained, will render a recommendation for action in a report of fi ndings to the head of the recipient. The complaint should be resolved by informal means whenever possible. Such informal attempts and their results will be summarized in the report of fi ndings.
7. Within 90 days of receipt of the complaint, the head of the recipient will notify the complainant in writing of the fi nal decision reached, including the proposed disposition of the matter. The notifi cation will advise the complainant of his/her appeal rights with WSDOT, or USDOT, if they are dissatisfi ed with the fi nal decision rendered by the Recipient. The Title VI Coordinator will also provide WSDOT with a copy of this decision and summary of fi ndings upon completion of the investigation.
8. Contacts for the different Title VI administrative jurisdictions are as follows:
Washington State Department of Transportation
Offi ce of Equal Opportunity, Title VI Program
PO Box 47314
Olympia, WA 98466
360-705-7098
Federal Highway AdministrationWashington Division Offi ce711 Capitol Way South, Suite 501Olympia, WA 98501
360-534-9325
AGENDA ITEM #2. a)
Nondiscrimination Agreement Population Under 100,000 Appendix 28.72
WSDOT Local Agency Guidelines M 36-63.35 Page 28-35
February 2018
April 2014 Page 7
Sanctions
In the event the recipient fails or refuses to comply with the terms of this agreement, WSDOT may take any or all of the following actions:
1. Cancel, terminate, or suspend this agreement in whole or in part;
2. Refrain from extending any further assistance to the recipient under the program
from which the failure or refusal occurred until satisfactory assurance of future
compliance has been received from the recipient.
3. Take such other action that may be deemed appropriate under the circumstances,
until compliance or remedial action has been accomplished by the recipient.
4. Refer the case to the Department of Justice for appropriate legal proceedings.
WASHINGTON STATE DEPARTMENT OF TRANSPORTATION:
Signature
Director of the Offi ce of Equal Opportunity Title
Date
NAME OF RECIPIENT:
Signature
Title
Date
AGENDA ITEM #2. a)
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Page 8 April 2014
Appendix 1
During the performance of this contract, the contractor/consultant, for itself, its assignees and successors in interest (hereinafter referred to as the “contractor”) agrees as follows:
1. Compliance With Regulations – The contractor shall comply with the Regulations relative to nondiscrimination in federally-assisted programs of United States Department of Transportation (USDOT), Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination – The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-contractors, including procurement of materials and leases of equipment. The contractor shall not
participate either directly or indirectly in the discrimination prohibited by
Section 21.5 of the Regulations, including employment practices when the
contract covers a program set forth in Appendix B of the Regulations.
3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment – In all solicitations either by competitive bidding or negotiations
made by the contractor for work to be performed under a sub-contract, including
procurement of materials or leases of equipment, each potential sub-contractor or
supplier shall be notifi ed by the contractor of the contractor’s obligations under this
contract and the Regulations relative to nondiscrimination on the grounds of race,
color, sex, or national origin.
4. Information and Reports – The contractor shall provide all information and
reports required by the Regulations or directives issued pursuant thereto, and shall
permit access to its books, records, accounts, other sources of information, and its
facilities as may be determined by the contracting agency or the appropriate federal
agency to be pertinent to ascertain compliance with such Regulations, orders and
instructions. Where any information required of a contractor is in the exclusive
possession of another who fails or refuses to furnish this information, the contractor shall so certify to WSDOT or the USDOT as appropriate, and shall set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance – In the event of the contractor’s noncompliance
with the nondiscrimination provisions of this contract, the contracting agency shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including, but not limited to:
• Withholding of payments to the contractor under the contract until the
contractor complies, and/or;
• Cancellation, termination, or suspension of the contract, in whole or in part
AGENDA ITEM #2. a)
Nondiscrimination Agreement Population Under 100,000 Appendix 28.72
WSDOT Local Agency Guidelines M 36-63.35 Page 28-37
February 2018
April 2014 Page 9
6. Incorporation of Provisions – The contractor shall include the provisions of
paragraphs (1) through (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub-contractor or procurement as the contracting agency or USDOT may direct as a means of enforcing such provisions including sanctions for noncompliance.
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a sub-contractor or supplier as a result of such direction, the contractor may request WSDOT enter into such litigation to protect the interests of the state and, in addition, the contractor may request the USDOT enter into such litigation to protect the interests of the United States.
AGENDA ITEM #2. a)
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Appendix 2
The following clauses shall be included in any and all deeds affecting or recording the transfer of real property, structures or improvements thereon, or interest therein from the United States.
GRANTING CLAUSE
NOW THEREFORE, Department of Transportation, as authorized by law, and upon
the condition that the state of Washington will accept title to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code, the Regulations for the Administration of Federal Aid for Highways and the policies and procedures prescribed by the United States Department of Transportation and, also in accordance with and in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, the Department of Transportation WSDOT (hereinafter referred to as the Regulations) pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964
(78 Stat. 252: 42 USC 2000d to 2000d - 4) does hereby remise, release, quitclaim, and
convey unto the state of Washington all the right, title, and interest of the Department
of Transportation in and to said land described in Exhibit A attached hereto and made
a part thereof.
HABENDUM CLAUSE
TO HAVE AND TO HOLD said lands and interests therein unto the state of Washington, and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for
which the federal fi nancial assistance is extended or for another purpose involving
the provisions of similar services or benefi ts and shall be binding on the state of
Washington, its successors, and assigns.
The state of Washington, in consideration of the conveyance of said lands and
interests in lands, does hereby covenant and agree as a covenant running with the
land for itself, its successors and assigns, that (1) no person shall on the grounds
of race, color, sex or national origin, be excluded from participation in, be denied
the benefi ts of, or be otherwise subject to discrimination with regard to any facility
located wholly or in part on, over, or under such lands hereby conveyed (,)(and)*
(2) that the state of Washington, shall use the lands and interests in lands so conveyed,
in compliance with all requirements imposed by or pursuant to Title 49, Code of
Federal Regulations, Department of Transportation, Subtitle A, Offi ce of the Secretary, Part 21, Non-Discrimination of Federally-Assisted Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended (,) and (3) that in the event of breach of any of the above mentioned nondiscrimination conditions, the department shall have a right to reenter said lands and facilities on said land, and the above described land and facilities shall thereon revert to and vest in and become the absolute property of the Department of Transportation and its assigns as such interest existed prior to this instruction.
AGENDA ITEM #2. a)
Nondiscrimination Agreement Population Under 100,000 Appendix 28.72
WSDOT Local Agency Guidelines M 36-63.35 Page 28-39
February 2018
April 2014 Page 11
Appendix 3
The following clauses shall be included in all transportation related deeds, licenses, leases, permits, or similar instruments entered into by (Recipient) pursuant to the provisions of Assurance 8.
The LESSEE, for himself or herself, his or her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this lease, for a purpose of which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefi ts,
the LESSEE shall maintain and operate such facilities and services in compliance with
all other requirements imposed pursuant to Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Offi ce of the Secretary, Part 21,
Nondiscrimination in Federally-Assisted Programs of the Department of
Transportation--Effectuation of Title VI of the Civil Rights Act of 1964, as said
Regulations may be amended.
That in the event of breach of any of the above nondiscrimination covenants, the STATE shall have the right to terminate the lease, and to reenter and repossess said land and the facilities thereon, and hold the same as if said lease has never been made
or issued.
The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by the Washington State Department of Transportation pursuant to the provisions of Assurance 8.
The LESSEE, or himself or herself, his or her personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (1) no person, on the grounds of race, color, sex, or national origin, shall be excluded from participation in, be
denied the benefi ts of, or be otherwise subjected to discrimination in the use of said
facilities, (2) that in the construction of any improvements on, over or under such
land and furnishing of services thereon, no person on the grounds of race, color, sex,
and national origin shall be excluded from participation in, denied the benefi ts of, or
otherwise be subjected to discrimination, (3) that the LESSEE shall use the premises
in compliance with all requirements imposed by or pursuant to Title 49, Code of
Federal Regulations, Department of Transportation, Subtitle A, Offi ce of the Secretary,
Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation--Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
That in the event of breach of any of the above nondiscrimination covenants, the
STATE shall have the right to terminate the lease, and to reenter and repossess said land and the facilities thereon, and hold the same as if said lease had never been made or issued.
1 Reverter Clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate
the purpose of Title VI of the Civil Rights Act of 1964.
AGENDA ITEM #2. a)
Appendix 28.72 Nondiscrimination Agreement Population Under 100,000
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AGENDA ITEM #2. a)
WSDOT Local Agency Guidelines M 36-63.29 Page 28-41
October 2015
Annual Report for Agency With Appendix 28.73 Population Over 100,000 – Example
DOT 140-561 Page 1 of 1710/2015
Annual Report for Agency With
Population Over 100,000 –Example
Section I Policy Statement
A copy of Title VI Policy Statement is attached in Appendix of this report.
Section II Organization, Staffing, and Structure
A.Organization
Outline your organization and how it works with your Title VI Policy.
B.Staffing
Describe your agency staff and how they interact in the program.
C.Structure
Describe the Structure of your program, the following is an example only. Your agency may have a different approach.
Table II.C.1 shows Title VI Special Emphasis Program Area Liaisons within XYZ Agency. For
this update, program area elements include planning, location, design, environmental services, real
estate services (right of way), construction, and education and training. The program area liaisons
work directly with the Title VI Specialist in the Office of the Title VI Coordinator. All liaison positions have been filled at this time.
Table II.C.1 –Title VI Special Emphasis Program Area Liaisons
Name Gender/ Ethnicity Title Program
John Smith Male/Caucasian (example only)Managing Engineer Engineering/Planning/Design and Construction
Mary Ramirez Female/Hispanic (example)Project/Program Manager III Education/Training for Construction
Program Analyst IV Education/Training for Administration
Program Analyst IV Education/Training for Maintenance
Project/Program
Manager III Education/Training for Construction
Program Analyst IV Education/Training for Administration
AGENDA ITEM #2. a)
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Annual Report for Agency With Population Over 100,000 – Example Appendix 28.73
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Section III Title VI Monitoring and Review Process
A.Actions to Promote Internal and External Compliance With Title VI
List actions, meetings, scheduled events, etc., that help your agency promote both internal and external compliance with Title VI program.
Internal –In detail explain your agency’s activities and interaction within your organization in
this area.
External –Detailed explanation of your agency’s activities outside the agency that promote your
Title VI program.
B.Title VI Compliance Reviews During This Report Period
•List and bullet reviews conducted during the past year, name the reviewers and dates of the
reviews.
Section IV Title VI Complaints During This Report Period
Either:“Received no complaints against the (Agency Name and Division) in the fiscal year
2003-2004.”
OR something like:“The two complaints alleged one incident of denial of bus services by the
(Agency Name and Division). The complaints alleged discrimination based on race. (Agency
Name)resolved these cases.
Section V Accomplishment Report for Each Program Area
The following information describes the location of the major program functions within (Your
Agency Name)and identifies accomplishments, applicable operational guidelines, process, and
responsibilities of the various sections.
Appendix lists staff summarized by gender and race for the following Special Emphasis
areas: Planning, Design, Construction, Maintenance Services, and Environmental.
A.Planning
Example –The Road Services Division is responsible for developing short and long-range plans
that provide efficient transportation services to the citizens of (Agency Name).
Division staff coordinates with other government agencies, private groups, and the public to
develop comprehensive plans that meet the transportation needs of (Agency Name). The Division
provides staff and technical assistance to regional transportation groups and serves as liaison for
planning with the Puget Sound Regional Council.
A.1 Number of Consultant Projects for Planning Awarded During This Reporting Period
and Dollar Value –No consultant contracts for planning were awarded during FY 2004.
A.2 Efforts Made to Utilize Minority and Female Consultants and Subconsultants in Federally-Assisted Contracts –It is the policy of (Agency Name) to comply with 49 Code of
Federal Regulations, Part 26, to ensure that Disadvantaged Businesses, including minorities and
women, have an equal opportunity to receive and participate in federally-assisted contracts.
(Agency) does not exclude any person from participation in, deny any person the benefits of, or
otherwise discriminate in connection with the award or performance of any contract covered by 49
CFR Part 26 on the basis of race, color, sex, or national origin. Efforts made to use minority and
female consultants during FY 2004 include the following outreach activities:
AGENDA ITEM #2. a)
Chapter 28 Title VI Program
Appendix 28.73 Annual Report for Agency With Population Over 100,000 – Example
WSDOT Local Agency Guidelines M 36-63.29 Page 28-43
October 2015
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•Disadvantaged Business Enterprise (DBE) Goals –As part of (Agency Name) outreach efforts to use minority and female consultants, when appropriate, proposals include a Disadvantaged Business Enterprise (DBE)goal. Certified DBE firms can encompass small,
minority and women-owned firms. As a condition of award, the successful bidder must make
good faith efforts to meet this DBE goal. The proposer establishes good faith efforts when it
documents that it has obtained enough DBE participation to meet the DBE goal; or documents
that it has made adequate efforts to do so although unsuccessful.
•Consultants Selection Procedures –Consultants are selected according to the procedures
outlined in the RCW, and Local Agency Guidelines procedures for federally-assisted projects.
(Agency Name) encourages all consultant firms that are registered in Washington State to
conduct business and who possess the requisite professional license(s) to present their
qualifications for highway design projects.
The (Agency Name) solicits firms for inclusion on the Architecture and Engineering,
Professional Services, and the Construction Small Works Rosters in accordance with RCW
39.80 and (Agency Name) practices. (Agency Name) places an advertisement in various news
media to include the (Names of Publications) and various minority newspapers that have
existing contracts with the Agency. Advertisement is conducted a least twice during a year to
encourage consultant firms to apply for placement on the rosters.
•Public Pre-Proposal Meetings –Other outreach efforts to support the use of minority and
female consultants include conducting public pre-proposal meetings to provide information
concerning the scope of work and available subcontracting opportunities associated with
projects. These meetings are open to all interested parties.
A.3 Studies Conducted Which Provide Data Relative to Minority Persons, Neighborhoods,
Income Levels, Physical Environments, and Travel Habits –The agency will continue to
review all proposed projects for their potential to have a disproportionate impact on low-income
and minority populations that are subject to additional consideration in accordance with applicable
Title VI and Environmental Justice provisions.(Agency Name) unincorporated areas do not
typically require substantial analysis to determine that the potentially affected areas do not meet
thresholds for consideration as low-income or minority communities. However, (Specific Project name if applicable), does require such analysis.
A.4 Hearings Held During the Report Period and Efforts Utilized to Ensure Citizen Participation, Particularly Minorities, and Women –The Number of These Individuals and the Capacity of Their Participation –No hearings were conducted in FFY 2004. There were
seven community advisory group meetings and one other public meeting conducted.
(Agency Name) continues to use the Washington State Department of Transportation (WSDOT)
form for collecting data on public hearing and public meeting attendees for Title VI reporting
requirements, per Title 23, Code of Federal Regulations, Part 200.9(b)(4). See Appendix
for a copy of the form used by (Agency Name) at its public meetings. Appendix summarizes the forms collected during FFY 2004.
B.Location
(Agency Name) emphasis over the past several years has been the improvement of existing Rights of Way and corridors. There has been no activity in the (Agency Name)’s Location Program. When future corridors are considered, the Location Program will be one of the tools used by the (Agency Name) to help determine their feasibility.
B.1 Number of Complaints Filed –None during this report period.
AGENDA ITEM #2. a)
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B.2 Identification of Titles, Ethnicity, and Gender of Employees in the Location Program –Not applicable this reporting period.Agency Name currently has no staff assigned to location duties since there has been no activity in that area.
B.3 Number of Environmental Impact Statements Reviewed During the Report Period, Including a Summary of Comments on EIS Where Minority, Handicapped, Elderly, Etc., Communities Were Adversely Impacted –None during this report period.
B.4 Number of Consultants Contracts Involving Project Development Activities –None during this report period.
B.5 Number of Public Hearings Held During the Report Period Concerning Location of a Project, Including How the Hearings Were Advertised and Notification to Minorities –None during this report period.
B.6 Encouragement of Minority Leaders to Provide Suggestions and Ask Questions on Location of Highways –Not applicable during this report period. No new highways were located during this report period.
B.7 Need to Use Bilingual Advertisements, Announcements, Notices, Etc., During the Report Period –None during this report period.
C.Design
Design activities are performed by (fill in appropriate information about your design process.
C.1 Number of Consulting Firms With Design Contracts, Including the Number of These
Contracts Held by Minority Firms and Women-Owned Firms/Dollar Value –For FFY 2004,
23 consulting firms were engaged in design contracts. For reporting purposes, work order and task
order contracts that have multiple awards are considered contracts awarded. The accompanying
tables summarize the number of contracts awarded, including work order and task order contracts, and the sum of those contract awards by prime and subconsultant.
Table V.C.1 provides the number of contracts and total dollar value awarded to minority firms and
women-owned firms as prime consultants with design contracts.
Table V.C.1 –Design Contracts-Prime
Name of Firm
Certification
Status Ethnicity
# Contracts Awarded (includes work
and task orders)
Sum of Contract Awards (rounded to
nearest thousand)
Table V.C.2 contains information on the number of minority firms and women-owned firms who currently have subcontracts, their certification status, ethnicity, and sum of contract awarded dollar value.
Table V.C.2 –Minority, Women-Owned Firms With Consultant Subcontracts
Name of Firm Certification Status Ethnicity
# Contracts Awarded
(includes work and task orders)
Sum of Contract
Awards (rounded to nearest thousand)
AGENDA ITEM #2. a)
Chapter 28 Title VI Program
Appendix 28.73 Annual Report for Agency With Population Over 100,000 – Example
WSDOT Local Agency Guidelines M 36-63.29 Page 28-45
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C.2 Efforts to Increase Minority and Female Participation in Obtaining Consultant
Contracts
•Procurement Information System –(Agency Name) requests Letters of Interest, Statement of Qualifications and Proposals from all firms qualified and interested in providing professional services for contracts awarded by the (Agency Name). (Agency Name) posts
information on current Requests for Proposals on its Internet Website. Proposals identify the
types of sub consulting opportunities that may be available on the project for informational
purposes.
•Advertisement in Local Papers and Agency Procurement Website –(Agency Name) advertises Requests for Proposals for consulting services in local papers and on its
Procurement Website. The scope, size and duration of these contracts vary in size to promote
diversity in the number and size of firms competing for these awards. Some contracts are for
complete design services on a single project. Others may be for environmental reviews, traffic
analysis, mediators or a wide range of professional services. (Agency Name) solicits some
small A&E contracts (under $150K) from Consultants using its A&E Roster.
•Advance Information on Upcoming Contract Opportunities –During Federal Fiscal Year
2004, (Agency Name) efforts to use minority and female consultants included providing
advance information on upcoming contract opportunities to DBE’s to include small, minority
and women-owned businesses.
Describe Agency involvement in this area.
•Newsletter Distribution –Describe activities that may pertain to this type of information.
•Grassroots Level Outreach Efforts –Describe any activities that your agency has conducted in this arena.
•Office of Business Relations and Economic Development –Describe any activity this type of division may undertake in your community.
•Collaboration With Other Local Governments –Description of activity.
C.3 Public Hearings Held During the Design Phase of Any Highway –Description of any
activity in this area.
C.4 Employees in the Design Program Area, including Ethnicity and Sex, Including
Efforts to Increase Minority and Female Representation Where (low, high?) –See
Appendix for information on employees.
During this report period, recruitment staff in the Design area actively participated in the following
job fairs and forums: List participation if relevant.
C.5 Complaints Filed in the Design Program Area –None during this report period.
C.6 Significant Problem Areas, Accomplishments, and Actions to Take During the Ensuing Year –No significant problem areas were identified during this report period.
D.Environmental Unit
The Environmental Unit of the (Agency Name) works to ensure the promotion of environmental integrity in the design, construction, and maintenance of transportation systems that serve the needs of the Agency’s various communities. This section responds to the requirements of the
AGENDA ITEM #2. a)
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National Environmental Policy Act (NEPA) and the State Environmental Policy Act (SEPA) to ensure that projects undertaken by (Agency Name) meet these provisions, as required by Washington State and the Federal Government.
During FFY 2004, the (Agency Name, Division, Section) conducted () NEPA and () SEPA environmental reviews.The completed environmental reviews did not identify impacts to minority or economically disadvantaged communities. During FYE 2003 staff from (Agency Name) and WSDOT completed the technical studies pertaining to socio-economic
impacts and Title VI/Environmental Justice considerations. The results from those studies have
been incorporated into the draft review versions of the Draft EIS. Those initial drafts have been
revised to clarify Title VI/Environmental Justice information and address specific comments from
WSDOT. Following its approval by WSDOT and FHWA, (Agency Name) anticipates issuing
the Draft EIS in 2005.
See Appendix for the list of names for each project that was subject to an environmental
review during FY 2004. A copy of the SEPA exemption determination and determination of
nonsignificance is included for each project.
E.Real Estate Services (Right of Way)
Describe your Agency Real Estate Services Responsibility in the Title VI Plan.
The property acquisition process follows the Right of Way Manual M 26-01 and all applicable laws and regulations, including Title VI and Section 504. The acquisition process includes appraisal of
property, negotiation of terms and conditions for acquisition, and relocation assistance, as well as
property management.
E.1 Civil Rights Complaints in the following Real Estate Services (Right of Way)Areas
E.1.a.Appraisals –None during this report period.E.1.b.Negotiations –None during this report period.E.1.c.Relocation Assistance and Payments –None during this report period.E.1.d.Property Management –None during this report period.
E.2 Number of Appraisers Utilized During the Reporting Period –During FFY 2004, four appraisers were utilized, two females, two males and no minorities. The appraisers are (Firm Name or Agency Name) employees. Decisions to obtain new appraisers are based on need and vacancies. There are no vacancies at this time. There were no contracts for appraisers during this reporting period.
E.3 Number of Negotiations During the Report Period and Disparity in Contract Negotiations Between Minorities and Non-Minorities –There were negotiations during this report period. No disparity in contract negotiations was noted.
E.4 Concerns Raised by Minorities or Women Regarding Their Options in the Negotiation Phase –None during this report period.
E.5 Number of Relocations During the Report Period –There were no relocations during FFY 2004.
E.6 Concerns Raised by Minorities or Women on Replacement Housing, Referral Housing, and Advisory Services –None.
E.7 Opportunities for Minorities and Women to Obtain Contracts Awarded for Providing
Relocation Assistance –In-house relocation assistance services are conducted according to the
rules guidelines of the federal Uniform Relocation Act (CFR24), RCW 8.26, and the WSDOT
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relocation manual and LAG agreement. Staff attend project open houses to present relocation services and benefits, and later meet individually with affected relocatees to negotiate and finalize benefit awards.
F.Construction and Maintenance Services
The Construction Services Group provides guidance and oversight for the administration of transportation construction projects. The (Agency Name) Road Maintenance Operations Section is
responsible for the preservation and upkeep of roads and bridges.
F.1 Civil Right Complaints Involving Competitive Bidding Procedures –There were nocomplaints involving competitive bidding procedures during the reporting period.
F.2 Summary of Efforts Made by the Title VI Coordinator to Encourage the Use of Minority Individuals, Firms, or Agencies to Obtain Maintenance Agreements or Contracts –Summarize your Agency’s effort in this area.
F.3 Procedures Reviewed to Assure Subcontract Agreements, First and Second Tier, Material Supply and Equipment Lease Agreements During the Report Period –Description of your Agency procedures.
F.4 Significant Accomplishments and/or Action Items for the Ensuing Year –Continue monitoring disadvantaged, minority, women, and small business participation in (Agency Name) Road construction contracting.
G.Education and Training
G.1 During the Reporting Period, Efforts Made to Encourage Participation by Minorities and Women in the NHI’s Educational Program –Description of this activity, if applicable
G.2 Types of NHI Sponsored Programs and Number of (Agency Name) Participants, Including Minorities and Women –Description of activity in this area by your Agency.
G.3 Identify Staff Responsible for Training by Job Title, Ethnicity, and Gender –Staff
within (Agency Name) Office of Civil Rights (Agency Name) provides guidance to departments
on their responsibilities and reporting requirements for Title VI.
Table V.G.1 shows staff responsible for Title VI training to departments by job title, ethnicity, and
gender.
Table V.G.1 –Title VI Training Staff Within the Office of the Title VI Coordinator
Name Job Title Ethnicity Gender
Title VI Coordinator Caucasian Female
Civil Rights Specialist African-American Male
G.4 Civil Rights Complaints Filed Concerning Training and Educational Opportunities and any Corrective Actions Taken –No complaints were filed during this reporting period.
H.Administration
H.1 List of Employees by Ethnicity and Gender in Each of the Title VI Program Areas –Please refer Appendix for a summarization of the ethnicity and gender of employees in the respective program areas.
H.2 Summarize All Activities Undertaken During the Reporting Period Which Provide for
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Assurances of Title VI Compliance With Contractors, and by Contractors (i.e., are Title VI compliance included in all contracts and consultant agreements; were reviews made to ensure contractors and consultants are adhering to Title VI requirements; are contractors and/or
consultants appraised of Title VI implications and issues) –The following is a summary of
activities undertaken during the reporting period that provide for assurances of Title VI
compliance with contractors, and by contractors.
•Title VI Training
•Dissemination of (Agency Name) Title VI Policy Statement –(Agency Name) Title VI Policy Statement is included in a post award packet of informational materials that the Agency Name sends to prime contractors. The post award packet includes information on the (Agency Name) reporting requirements and is sent to all prime contractors for each contract that has been publicly bid and advertised.
•Title VI Provisions in All (Agency Name) Federally Funded Contracts –All federally funded contracts administered by (Agency Name) contain Title VI provisions (FHWA form 1273).
•Analysis Worksheet Reviews for All Advertised Construction Bids and Proposals –SAMPLE: “Contract Compliance Specialists located in the Business Development and Contract Compliance Office receive and review Subcontracting/Apprenticeship Availability Analysis Worksheets for projects advertised for construction bids. The worksheet identifies the specific scopes of work, if any, which may be available for performance by subcontractors. Specifications (FHWA form 1273) defining Title VI requirements are included in the contract
documents with a requirement that these provisions be included in all amendments,
supplements and lower tier contracts entered into by the contractor. (Contract documents also
include GSP 01-07.11 language relating to the Requirements for Nondiscrimination.) Goals
are established for the participation of Disadvantaged Business Enterprises, where applicable.”
•Public Pre-Proposal Meetings –No public pre-proposal meetings were held during this
reporting period.
•Inclusion of Goals on Federally-Assisted Contracts –Staff in the (Section of your Agency) review federally-assisted contracts for DBE goals.
•Nondiscrimination Provisions in Contracts –All (Agency Name) contracts, including federally-assisted contracts, contain nondiscrimination provisions to ensure and heighten awareness that (Agency Name) will not tolerate discriminatory practices.
H.3 Title VI Training During the Period –Table V.H.3 lists the FFY 2004 Title VI training/meetings and attendees.
Table V. H.3 –Title VI Trainings/Meetings
Date Type of Training Audience
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Appendix A
Form –Title VI Compliance Statement for use in public meetings/hearings Voluntary Title VI Public Involvement
Title VI of the Civil Rights Act of 1964 requires (Agency Name) to gather statistical data on
participants and beneficiaries of the agency’s federal aid highway programs and activities.
(Agency Name) collects information on race, color, national origin and gender of the attendees to
this public meeting to ensure the inclusion of all segments of the population affected by a proposed
project.
(Agency Name) wishes to clarify that this information gathering process is completely voluntary
and that you are not required to disclose the statistical data requested in order to participate in this
meeting. This form is a public document.
The completed forms will be held on file in (Agency Name) Department of Transportation. For
further information regarding this process, please contact the Title VI Coordinator by phone at
or email at .
Please respond to the following questions:
Project Name Date
Meeting Location
Name (please print)Gender
Male Female
General ethnic identification categories (check one):
Caucasian
Hispanic American
American Indian/Alaskan Native
African American
Asian/Pacific Islander
Other
Color National Origin
After you complete this form, please fold it and place it inside the designated box on the registration table.
Thank you for your cooperation!
Appendix B
The following table summarizes staff gender and race by the respective program areas.
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Special Emphasis Area Race
Gender
Female Male
Design Asian 15 17
Black 3 1
Caucasian 13 42
Filipino 1 2
Hispanic 2 2
Other 1
Design Total 35 64
Environmental Services Unit Black 2
Caucasian 9 5
Hispanic 1
Environmental Services Unit Total 11 6
Planning Asian 2 5
Black 1
Caucasian 6 10
Planning Total 8 16
Construction and Maintenance Services Asian 2 6
Black 2
Caucasian 6 12
Construction and Maintenance Services Total 8 20
Grand Total 62 106
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Appendix C
State Environmental Project Assessments (Sepa) Exemption Determinations and Determinations of Nonsignificance
Project Number Project Name
NEPA/SEPA
Type*
SCE
SCE
SCE/NCE
SCE/NCE
SCE
SCE
SCE
SCE
SCE
SCE
SCE
SCE
SCE/NCE
ECL/NCE
SCE
SCE/NCE
SCE
SCE
*Type: NCE=NEPA Categorical Exclusion; EA=Environmental Assessment; NEIS=NEPA Environmental Impact Statement; SCE=SEPA Categorical Exemption; ECL=Environmental Checklist; SEIS=SEPA Environmental Impact Statement
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Appendix D
(Agency Name) Title VI Implementation PlanRevised September 2004
1.Internal Dissemination Goal –To complete internal dissemination of (Agency
Name)’s revised Title VI Plan and FFY 2004 Title VI Update Report before December
1, 2004.
(Agency Name)’s Title VI Coordinator has distributed copies of its original Title VI Plan and
assurances to Agency departments, (Agency Name) Council, (Agency Name) Civil Rights
Commission, Department of Transportation Division Managers and the Office of the
Prosecuting Attorney. Such distribution occurred on or before December 2000. The updated
Plan dated September 2002 was disseminated in December 2002. The Plan as revised in 2004,
along with the FFY 2004 Title VI Update Report will be circulated by December 1, 2004.
The Title VI Specialist and Special Emphasis Area Liaisons (as defined in the plan) received
copies of the original plan and will receive copies of the updates promptly for incorporation
into operational manuals, guidelines, and procedures.
2.External Dissemination Goal –Public notification of (Agency Name)’s Title VI Plan will be
on going.
A.(Agency Name) will publicize (Agency Name)’s policy statement, as included in the Title
VI Plan, in local minority and community-based newspapers. The (Agency Name)’s Title
VI Plan will be made available to the public upon request. Additionally, the (Agency
Name) Title VI Policy Statement and Complaint procedure may be found on the internet at
.
B.The (Agency Name) will continue to distribute copies of the Title VI Plan to contractor
organizations upon request. Additionally, the (Agency Name) will make copies of the plan
available to all prime contractors, subcontractors, consultants and suppliers currently
participating on (Agency Name) public works projects receiving federal financial aid upon
request. The (Agency Name) will also make copies available to other firms providing
goods and services to (Agency Name) upon their request.
C.The (Agency Name) will include the appropriate Title VI nondiscrimination language and
any implementing requirements FHWA may issue in all solicitations for competitive
bidding or negotiated procurements with federal aid for construction, professional services
and purchase of materials or equipment.
3.Training Goal –To ensure that (Agency Name) employees involved in the project
management and the contracting practice are knowledgeable on potential Title VI issues
(ongoing).
A.Title VI Specialists and Liaisons are strongly encouraged to participate in training
programs and workshops offered through Washington State Department of Transportation
and others. Additionally, the Title VI Coordinator, in communicating with the Title VI
Liaisons and Specialists, informs (Agency Name) employees of any new training
opportunities upon notification from other external agencies.
B.Additionally, Staff in conjunction with staff in the (Agency Name) Department of
Transportation, Road Division, will continue to develop new training for (Agency Name)
staff.
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C.The (Agency Name)’s Title VI Coordinator shall oversee training to include staff involved in (Agency Name)’s contracting processes. The Title VI Specialist will conduct the training. Training will occur throughout the year and will be specific to the Road Services
and Contracting Divisions of (Agency Name) initially. This training will include
information on:
•The role of as the Title VI Coordinating agency.
•Technical Assistance on Title VI matters.
•Title VI reviews of program areas.
•Procedures for the prompt processing of complaints of discrimination.
•The necessity of updating the Title VI Plan to reflect organizational policy or
implementation changes.
The (Agency Name)’s Title VI Coordinator will request Department Directors and Managers to inform employees of new training opportunities upon notification from
the Coordinator’s office. Such opportunities may include courses offered by WSDOT,
as well as from other outside agencies.
D.The (Agency Name) will provide a training schedule to the Washington State Department
of Transportation’s Office of Equal Opportunity Title VI Coordinator.
E.The (Agency Name)’s Title VI Coordinator shall maintain information gathered from training records for inclusion in annual report updates.
4.Information Collection for Annual Updates Goal –To establish and implement processes and procedures for collection of information required for inclusion in annual update report.
A.The Title VI Specialist and Liaisons will assist the Title VI Coordinator in gathering and maintaining information on specific program areas and affected (Agency Name) departments.
B.(Agency Name) will work with Liaisons and a designated Data Coordinator to collect and
report on the information required by WSDOT for the Title VI Annual Update.
C.Information for reports will be obtained from sources such as on-site compliance reviews
(internal and external), checklists, review guides, questionnaires, public meeting sign in
sheets, personnel inventory and employment utilization forms and inquires from the
public. The Office of the Title VI Coordinator will compile this information for inclusion
in the annual update reports as required.
5.Complaint Resolution Goal –To ensure that complaints are resolved in a professional and
timely manner.
The (Agency Name)’s Title VI Coordinator will investigate all complaints of Title VI
violations as appropriate. The (Agency Name) will use procedures outlined in the Title VI Plan
to investigate such complaints. The objective of the investigation will be to determine whether
prohibited discrimination has occurred or could occur, and to take steps to remedy the
situation. To accomplish this, the Title VI Coordinator shall coordinate the following:
A.Identification of the basis for the complaint.
B.Identification of sources of information.
C.Fact finding interviews with aggrieved persons, witnesses and the alleged violator.
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D.Development of a statement of finding-of-facts and information relevant to the issue/basis for the complaint.
E.Informal dispute resolution.
F.Report of findings in a manner that includes a conclusion and determination of future actions to take.
G.Provision for possible appeal of the decision to the FHWA. The (Agency Name)’s Title VI
Coordinator will consult with WSDOT before commencing investigations to determine
which agency should properly investigate.
6.Annual Title VI Update Report Goal –To provide detailed information on activities
performed in implementing (Agency Name)’s Title VI Plan and to document
accomplishments.
The Annual Title VI Update Report will include detailed information regarding the
implementation activities related to (Agency Name)’s Title VI Plan and the (Agency Name)’s
accomplishments. Specific areas that will be covered in the Annual Report include, but may
not be limited to the following:
A.Organization and Staff Profile
B.Title VI Monitoring and Review Process
C.Complaints and Investigations
D.Special Emphasis Program Area Activities and Accomplishments
E.Title VI Administration
F.Training
H.Accomplishments Report for Current Year
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Appendix E
(Agency Name) Title VI Policy Statement
(Agency Name) assures that no person shall on the grounds of race, color, national origin, or sex, as provided by Title VI of the Civil Rights Act of 1964 and as amended, and the Civil Rights Restoration Act of 1987 (P.I. 100.259) be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance from the Washington State Department of Transportation.
(Agency Name) further assures every effort will be made to ensure nondiscrimination in all of its programs and activities, whether those programs or activities are federally funded or not.
In the event (Agency Name) distributes federal aid funds to another governmental entity or other
sub-recipient, (Agency Name) will include Title VI language in all written agreements and will monitor for compliance.
(Agency Name)’s Office of the Title VI Coordinator is responsible for initiating and monitoring
Title VI activities, preparing required reports and other (Agency Name) responsibilities as
required by 23 CFR 200 and 49 CFR 21.
(Agency Name) Executive Date
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Appendix F
Title VI Forms
(Agency Name) provides Title VI forms to participants at public meetings (see Appendix A). In 2004 two forms were completed and turned in by participants.
Title VI Public Involvement forms were made available at the (fill in appropriate
information).
Title VI Public Involvement forms were made available at the Sth Park Bridge EIS Community
Advisory Group meetings on April 6, April 20, and May 4, 2004 at the Concord Elementary
School Library, 723 S. Concord Street in Seattle, but no forms were submitted.
Title VI Public Involvement forms were made available at the (Fill in the Name) on (Fill in the
Date) at (Fill in location), but no forms were submitted. (OR: Two forms were submitted according
to actual circumstance.)
Title VI Public Involvement forms were made available at the (Fill in the Name) on (Fill in the
Date) at (Fill in location), but no forms were submitted. (OR: Two forms were submitted according
to actual circumstance.)
Title VI Public Involvement forms were made available at the (Fill in the Name) on (Fill in the
Date) at (Fill in location), but no forms were submitted. (OR: Two forms were submitted according
to actual circumstance.)
These forms are kept on file in the (Section of your Agency) and in the Office of the Title VI Coordinator.
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Appendix G
Sample Organizational Chart
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NDA Annual Report Population Appendix 28.74 Under 100,000 – Example
1. Report any changes in the organizational structure since the last reporting period.
Example: New Title VI Coordinator, new planning or public works directors, etc.
• Report should identify the changes in the racial/gender composition of those
persons involved in the transportation decision making, including planning
and advisory staff.
• If no changes have been made, please indicate that accordingly.
2. Using the most current data available (through Census or Washington State Office
of Financial Management), describe the demographics within your jurisdiction.
a. Describe any required Title VI activities and/or studies conducted that provided
data relative to minority persons, neighborhoods, income levels, physical
environment, and travel habits.
b. How was the information utilized or Title VI provisions and needs applied in
each study or activity?
3. List any Public outreach activities during the reporting period such as:
Public announcements and/or communications for meetings, hearings, project
notices. Include the following:
a. How were special language needs assessed? List the special language needs
assessments conducted.
b. What outreach efforts did you utilize to ensure that minority, women, low-
income, and LEP population groups were provided equal opportunity to
participate in those outreach activities. (Examples: Provided materials in
other languages, met with local social services agencies, advertised in a
minority publications.)
c. List the special language services provided. Note the professional language
service provided including the name of the service, date provided, number
of persons served, and any other relevant information.
d. List any costs incurred for translations and interpreters for each activity.
4. List all the transportation related contracts (federal and others) that were executed
during the reporting period. (Please include construction, consultant agreements
for planning, design, engineering, environmental, research, maintenance, etc.)
• Include dollar value of each.
• Other than advertising in your local legal publication, what outreach was
made to the DMWBE firms that a contracting opportunity existed within
your agency?
• Identify the DMWBE contracts that were awarded and their dollar amount.
• Is there a Title VI Nondiscrimination statement included in all contracts and
public notices?
• How did your organization ensure that minority, women and disadvantaged
firms were provided equal opportunity to participate in the contracting arena?
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5. Summarize any transportation projects that identify potential impacts to minority
and/or low-income Environmental Justice (EJ) populations, i.e., impacts such as
displacements, increased noise, bisecting neighborhoods. Note the following:
• How impacts were minimized/mitigated.
• Also include a statement, if applicable, on projects that specifically benefit
community cohesion such as: adding sidewalks, improving access to
properties that improve access for EJ populations.
6. If ROW has been acquired for a transportation project, please describe:
• Identify the number of minority, low-income, elderly and disabled
persons affected.
• The efforts that were made to address Limited English Proficiency
issues (including use and cost of translators, outreach efforts for each
reported activity).
• Describe any concerns raised by minorities and women regarding appraisals,
negotiations, relocation assistance and payments. What actions were taken to
resolve those issues?
7. List and describe any Title VI related complaints, as a result of transportation
activities and projects. Include:
What was the allegation or concern?
• Procedures used.
• Action taken.
• Resolution.
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Title VI Complaint Log
Case Number
Complainant/
Address Filing Date Basis Status Disposition
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Compliance Review Questionnaire for Local Agencies
Local Agency:Click here to enter text.Date: Click here to enter text.
Name/Title: Click here to enter text.
1.Administration
a.Staff Composition and Program Administration
i.Provide breakdown of your administrative staff by race, color, national origin, sex, and their positions.Click here to enter text.
ii.How many federally funded projects have you managed during the last two years? Dollar amount?
Click here to enter text.
iii.Have you designated an EEO Officer or Title VI Coordinator? Provide name and time in the position.
Click here to enter text.
iv.Do you have a Title VI Policy, Assurances and Plan in place? Provide proof of public dissemination of
your Title VI policy.
Click here to enter text.
b.Complaint Procedure
i.Do you have a Title VI complaint procedure for external discrimination complaints? If so, please provide a copy. To what extent is the community aware of it?Click here to enter text.
ii.Have you received any Title VI related complaints during the past two years? If so, how many? What were the outcomes? Where there any Title VI complaint lodged by beneficiaries or participants? If so, explain the issues involved.Click here to enter text.
iii.Do you have a Title VI Notice to Public? If so,please provide copy.Click here to enter text.
c.Training
i.Has your staff received any training (formal or informal) regarding Title VI?Click here to enter text.
ii.Are you considering scheduling Title VI training sometime soon? If so, when and who will present it?
Click here to enter text.
2.Planning Activities
a.Public Involvement
i.Are minority members of the community invited to participate in public hearings?
Click here to enter text.
ii.How do you go about doing that?
Click here to enter text.
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iii.Were accessible location, adequate time, and translation services considered or provided during the coordination of hearings?Click here to enter text.
iv.Is the Hearing Coordinator keeping records in attendance? Is the information broken down by race, color, national origin, and sex (by visual identification)?
Click here to enter text.
v.Have planning manuals, directives, guidelines, and policies been reviewed for Title VI compliance
purposes?
Click here to enter text.
3.Consultant Contracts Activities
a.Are Title VI assurances and provisions included on consultant contracts?
Click here to enter text.
b.Are DBE goals being included and met for consultant contracts? If not, what provisions have been taken to meet them?Click here to enter text.
c.Have directives, operational procedures, guidelines, and policies been reviewed for Title VI compliance purposes?Click here to enter text.
4.Design/Environmental Activities
a.Are minority members of the community invited to participate in public hearings?Click here to enter text.
b.How do you go about doing that?Click here to enter text.
c.Are accessibility of locations, adequate time, and translation services considered during the coordination of hearings? Was any other effort made to promote maximum attendance by those affected by the project,
including member of minority communities?
Click here to enter text.
d.Is the Hearing Coordinator keeping records in attendance? Is the information broken down by race, color,
national origin, sex, (by visual identification)?
Click here to enter text.
e.Have location and design manuals, directives, operational procedures, -guidelines, and policies been reviewed for Title VI compliance purposes?Click here to enter text.
f.Is statistical data being collected on race, color, national origin, and sex on communities affected by a construction project?Click here to enter text.
5.Right of Way Activities
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a.Are DBE goals for real estate appraisers being met? If not, what provisions have been taken to help reach these goals?Click here to enter text.
b.Is Title VI language being incorporated in all acquisition, negotiation, property management communications, and contracts?
Click here to enter text.
c.Are Title VI language and assurance statements being included in all surveys for property owners and
tenants after the conclusion of all business?
Click here to enter text.
d.Are all values and communications associated with appraisals conducted in an equitable fashion?Click here to enter text.
e.Do deeds, permits, and leases contain Title VI compliance clauses?Click here to enter text.
f.Is statistical data being gathered on race, color, national origin, and sex for all relocates?Click here to enter text.
g.Construction and Maintenance Activities
a.Have contractor selection procedures been reviewed to determine uniformity in their application to minority and nonminority contractors?Click here to enter text.
b.Are minority contractors and subcontractors being informed about contracting opportunities with your organization?Click here to enter text.
c.Are construction rules and regulations being applied in an equitable fashion? Click here to enter text.
d.Have you received any complaints within the last two years?
Click here to enter text.
e.Are Title VI assurances being included in all contracts, subcontracts, and material supply agreements?
Click here to enter text.
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Chapter 28 Title VI Program
Appendix 28.77 Title VI Compliance Review Questionnaire for Local Agencies
WSDOT Local Agency Guidelines M 36-63.29 Page 28-73
October 2015
AGENDA ITEM #2. a)
Title VI Program Chapter 28
Title VI Compliance Review Questionnaire for Local Agencies Appendix 28.77
Page 28-74 WSDOT Local Agency Guidelines M 36-63.29
October 2015
AGENDA ITEM #2. a)
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CITY OF RENTON, WASHINGTON
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, ADOPTING THE CITY OF
RENTON TITLE VI PLAN.
WHEREAS, the federal government enacted Title VI of the 1964 Civil Rights Act which
provided that no person in the United States shall on the grounds of race, color, national origin,
or sex be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity receiving Federal financial assistance; and
WHEREAS, the Civil Rights Restoration Act of 1987 broadened the scope of Title VI
coverage by expanding the definition of terms “programs or activities” to include all programs or
activities of Federal Aid recipients, sub‐recipients, and contractors, whether such programs and
activities are federally assisted or not; and
WHEREAS, Limited English Proficiency – Executive Order 13166 clarified that individuals
with Limited English Proficiency are protected under the Title VI nondiscrimination provisions
related to national origin, and requires Federal Aid recipients, sub‐recipients and contractors to
take reasonable steps to provide meaningful access to programs, services and entities. These
reasonable steps may include providing information, services and materials in languages other
than English; and
WHEREAS, Environmental Justice – Executive Order 12898 clarified that Title VI requires
Federal aid recipients, sub‐recipients and contractors to conduct an equity assessment to ensure
full and fair participation of minority and low‐income communities and avoid disproportionately
high or adverse human and environmental impacts from transportation projects; and
AGENDA ITEM #2. a)
RESOLUTION NO. _______
2
WHEREAS, the City created its Title VI Plan in coordination with the Washington State
Department of Transportation in its capacity of administrating the distribution of Federal
Highway Administration funds. The City’s Title VI Plan is intended to apply primarily to programs
funded by such funds;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The City Council adopts by reference the City of Renton Title VI Plan, City
of Renton Federally Funded Transportation Program, attached as Exhibit A and incorporated
herein.
PASSED BY THE CITY COUNCIL this ______ day of _______________________, 2019.
______________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this ______ day of _______________________, 2019.
______________________________
Denis Law, Mayor
Approved as to form:
______________________________
Shane Moloney, City Attorney
RES.1800:1/11/19:scr
AGENDA ITEM #2. a)
City of Renton Title VI Plan
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City of Renton
TITLE VI PLAN
City of Renton Federally Funded Transportation Program
AGENDA ITEM #2. a)
City of Renton Title VI Plan
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Table of Contents
I. Policy Statement, Authorities and Citations .................................................................... 3
II. Organization, Staffing and Structure ............................................................................ 4
III. Title VI Plan Implementation and Program Administration ........................................ 5
IV. NHI Education and Title VI Training ........................................................................... 7
V. Complaint Procedures – Allegations of Discrimination in Federally Assisted
Programs or Activities ............................................................................................................ 8
VI. Sub-Recipient Review and Remedial Action Procedures .......................................... 10
A. Title VI Review of Sub-recipients of Federal-Aid Highway Funds. .......................... 10
B. Post-Grant Reviews. ................................................................................................... 11
C. Remedial Action. ........................................................................................................ 11
VII. Title VI Implementation Activities in Special Emphasis Program Areas .................. 11
A. Planning & Location Activities .................................................................................. 11
B. Consultant Contracts Activities .................................................................................. 12
C. Design & Engineering / Environmental Activities ..................................................... 13
D. Right-of-way Activities .............................................................................................. 14
E. Construction Activities .............................................................................................. 15
AGENDA ITEM #2. a)
City of Renton Title VI Plan
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I. Policy Statement, Authorities and Citations
A. Policy of Nondiscrimination
The City of Renton assures that no person shall on the grounds of race, color, national origin, or
sex as provided by Title VI of the Civil Rights Act of 1964, and the Civil Rights Restoration Act
of 1987 (P.L. 100.259) be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any City sponsored program or activity. The City of
Renton further assures every effort will be made to ensure nondiscrimination in all of its
programs and activities, whether those programs and activities are federally funded or not.
In the event the City of Renton distributes Federal aid funds to another entity, the City will
include Title VI language in all written agreements and will monitor for compliance.
Title VI compliance is a condition of receipt for Federal funds. Assurance of compliance,
therefore, falls under the proper authority of the Mayor pursuant to its budgetary authority and
responsibility. The Mayor, Public Works Administrator and Title VI Coordinator are authorized
to ensure compliance with provisions of this policy and with the law, including the requirements
of 23 Code of Federal Regulation (CFR) 200 and 49 CFR 21.
________________________________________ __________________
Mayor Date
________________________________________ __________________
Public Works Administrator Date
________________________________________ __________________
Transportation Director & Transportation Title VI Coordinator Date
B. Authorities
Title VI of the 1964 Civil Rights Act provides that no person in the United States shall on the
grounds of race, color, national origin, or sex be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any program or activity receiving
Federal financial assistance.
The Civil Rights Restoration Act of 1987 broadened the scope of Title VI coverage by
expanding the definition of terms “programs or activities” to include all programs or activities of
Federal Aid recipients, sub-recipients, and contractors, whether such programs and activities are
Federally assisted or not (Public Law 100-259 [S. 557] March 22, 1988).
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Limited English Proficiency – Executive Order 13166 clarifies that individuals with Limited
English Proficiency (LEP) are protected under the title VI nondiscrimination provisions related
to national origin, and requires Federal Aid recipients, sub-recipients and contractors to take
reasonable steps to provide meaningful access to programs, services and entities. These
reasonable steps may include providing information, services and materials in languages other
than English.
Environmental Justice – Executive Order 12898 clarifies that Title VI requires Federal aid
recipients, sub-recipients and contractors to conduct an equity assessment to ensure full and fair
participation of minority and low-income communities and avoid disproportionately high or
adverse human and environmental impacts from transportation projects.
This Plan is created in coordination with the Washington State Transportation in its capacity of
administrating the distribution of Federal Highway Administration dollars. The Policy is
intended to apply primarily to programs funded by such dollars. Other departments, sections,
and divisions of the City of Renton that receive non-highway federal funding may be bound to
and/or follow different policies and procedures in order to comply with the above authorities and
applicable requirements of the agencies responsible for distributing such federal funding.
C. Additional Citations
Title VI of the Civil Rights Act of 1964; 42 USC 2000d to 2000d-4; 42 USC 4601 to 4655; 23
USC 109(h); 23 USC 324; DOT Order 1050.2; EO 12250; EO 12898; 28 CFR 50.3
II. Organization, Staffing and Structure
A. Organizational Chart
(See Appendix 4)
B. Staffing and Structure
City Administrator
The Mayor is authorized to ensure compliance with provisions of the City’s policy of non-
discrimination and with the law, including the requirements of 23 CFR Part 200 and 49 CFR Part
21. The City’s grants compliance function and Title VI coordination shall be performed under
the authority of the Mayor.
Title VI Coordinator
The City of Renton has designated the position of Transportation Director to perform the duties
of the Transportation Title VI Coordinator and ensure implementation of the City’s Title VI
Federally Funded Transportation Program. The Transportation Director has other duties and
responsibilities in addition to Title VI. Although the Transportation Director is directly
supervised by the Public Works Administrator, this position shall have an indirect reporting
relationship and access to the Mayor.
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Title VI Specialists
Additionally, the Transportation Division has designated Title VI Specialists (Specialists) in
Transportation Division’s emphasis areas. The Specialists, designated below, shall work in
concert with the Title VI Coordinator. These areas are subject to receiving Federal assistance
through grants or other types of transportation related funding. The Specialists will work with the
Coordinator to ensure their respective sections comply with Title VI regulations and assurances,
meet the objectives of the Title VI Plan, meet Federal and state reporting requirements, and
provide adequate training opportunities for applicable staff.
Title VI Specialists will work with the Coordinator to ascertain Title VI compliance by
contractors, subcontractors, consultants, suppliers and other sub-recipients under
Transportation’s Federally funded projects or programs. Specialists will ensure applicable Title
VI provisions and requirements are included in contractual agreements to prime contractors and
sub-recipients. Specialists will work with the Coordinator to obtain statistical data on race,
color, national origin, handicap/disability, and sex of participants in, and beneficiaries of
Federally funded City of Renton transportation programs. Each of the Specialists will maintain
data relative to their respective special emphasis area, designated below. The Coordinator shall
use the data to complete annual Title VI reports and for other administrative needs.
Title VI Specialists - Emphasis Area and Job Title
Transportation Design Design Manager
Transportation Operations Operations Manager
Transportation Planning Planning Manager
Transportation Maintenance Maintenance Manager
Transportation Administration Program Development Coordinator
American with Disabilities Liaison Transportation Planner
III. Title VI Plan Implementation and Program Administration
Title VI Coordinator’s Responsibilities and Program Administration
As authorized by the Mayor, the Title VI Coordinator is responsible for initiating, monitoring,
and ensuring the City of Renton’s Transportation Division compliance with Title VI
requirements as follows:
A. Program Administration.
Administer the Title VI program and coordinate implementation of the plan. Ensure compliance
with the assurances, policy, and program objectives. Perform Title VI program reviews to assess
administrative procedures, staffing, and resources; provide recommendations as required to the
Public Works Administrator.
B. Complaints.
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Review written Title VI complaints that may be received by the Transportation Division
following the adopted procedural guidelines (see Section V – Complaint Procedures). Ensure
every effort is made to resolve complaints informally at the local or regional level.
C. Data Collection.
Review the statistical data gathering process performed by Title VI Specialists periodically to
ensure sufficiency of data for meeting the requirements of Title VI program administration. (See
Section VII - Special Emphasis Program Areas).
D. Environmental Impact Statements.
Ensure that available census data are included as a part of all Environmental Impact
Statements/Assessments (EIS/EIA) conducted by the Transportation Division for projects
receiving Federal Highway Administration or other Federal assistance.
E. Training Programs.
Conduct or facilitate training programs on Title VI issues and regulations for Transportation
Division employees; and facilitate Title VI training for appropriate staff, contractors and sub-
recipients.
F. Title VI Plan Update.
Review and update the City of Renton’s Transportation Title VI Plan as needed or required.
Present updated plan to the Public Works Administrator; submit amended Plan to WSDOT.
G. Annual Accomplishment Report.
Prepare an annual report of Title VI accomplishments and changes to the program in the
preceding Federal fiscal year; identify goals and objectives for the upcoming year as required;
and submit to WSDOT in a timely manner.
H. Public Dissemination.
Work to develop and disseminate Title VI program information to the Transportation Division
staff and other City of Renton employees and sub-recipients, including contractors,
subcontractors, consultants, and sub-consultants and beneficiaries, as well as the general public.
Public dissemination may include Title VI language in contracts or other agreements, website
postings, and annual publication of the City’s Title VI Policy Statement in newspaper(s) having a
general circulation. Ensure public service announcements or notices of proposed projects,
hearings, meetings, or formation of public advisory boards, are posted in newspapers or other
media reaching the affected community. Ensure the full utilization of available minority
publications or media; and, where appropriate, provide written or verbal information in
languages other than English.
I. Elimination of Discrimination.
Work with the City Attorney Department, Human Resources Department, and other City offices
to establish procedures for promptly resolving deficiencies, as needed. Recommend procedures
to identify and eliminate discrimination that may be discovered in any Transportation Division
processes.
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J. Maintain Legislative and Procedural Information.
Federal laws, rules and regulations, WSDOT guidelines, the current City of Renton Title VI
Plan, Annual Accomplishment Reports, and other resource information pertaining to the
implementation and administration of the City’s Title VI program will be maintained and
updated by the Coordinator. Information will be made available to other City departments or the
public as requested or required.
IV. NHI Education and Title VI Training
In keeping with adopted City of Renton policy of nondiscrimination, procedures will be
established or followed for Transportation employees to have equal access to applicable
educational and training opportunities. Transportation staff will maintain program administration
documentation and data necessary for preparation of annual Title VI reports, and will routinely
supply the necessary data to the Title VI Coordinator.
A. National Highway Institute (NHI) Education
The Coordinator will be notified when training for the National Highway Institute courses or
workshops become available to City of Renton Transportation employees. The Transportation
Director will establish a policy for the selection of participants interested in taking part in the
National Highway Institute Training workshops to ensure that no one is denied participation or
subjected to discrimination on the basis of race, color, national origin or sex. A report will be
completed and forwarded to the Coordinator upon completion of each educational seminar or
course throughout the course of the year, which shall include the name of each participant, their
title, division, sex and ethnicity for use in completing the annual Title VI accomplishment report.
B. Title VI Training
The Transportation Title VI Coordinator is responsible for overall Title VI related training and
staff development for Title VI Specialists and other City of Renton employees. The Coordinator
will organize and facilitate the provision of Title VI training sessions for consultants, contractors,
and subcontractors periodically. WSDOT’s Office of Equal Opportunity Internal and External
Civil Rights Branch and the Contract Compliance Office may be asked to provide applicable
training.
C. Selection of Instructors
The Coordinator will collaborate with the City of Renton’s Contracting Services to ensure City
policy is followed in the selection of instructors for City of Renton Transportation training
courses/ workshops, and ensure equal opportunity in the selection process for all training
contracts. Per adopted policy, the City will provide accessibility to
Minority/Women/Disadvantage Business Enterprise consulting and training firms to compete for
training contracts.
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V. Complaint Procedures – Allegations of Discrimination in
Federally Assisted Programs or Activities
A. Overview
These procedures cover all complaints filed under Title VI of the Civil Rights Act of 1964 as
amended, Section 504 of the Rehabilitation Act of 1973, Civil Rights Restoration Act of 1987,
and the Americans with Disabilities Act of 1990, relating to any program or activity
administered by the City of Renton Transportation Division, as well as to sub-recipients,
consultants, and contractors. These procedures apply to complaints filed against a program
and/or activity funded by the Federal Highway Administration (FHWA).
Intimidation or retaliation of any kind is prohibited by law.
The procedures do not deny the right of the complainant to file formal complaints with other
state or Federal agencies or to seek private counsel for complaints alleging discrimination.
These procedures are part of an administrative process, which do not provide for remedies that
include punitive damages or compensatory remuneration for the complainant.
Every effort will be made to resolve complaints informally at the City and sub-recipient level.
The option of informal mediation meeting(s) between the affected parties and a designated
mediator may be utilized for resolution.
B. Procedures
Any individual, group of individuals, or entity that believes they have been subjected to
discrimination prohibited by Title VI nondiscrimination provisions may file a written complaint
with the Human Resources Department at the City of Renton. A formal complaint must be filed
within 180 calendar days of the alleged occurrence. Complaint forms are available through the
City’s website or by contacting the Title VI Coordinator. The City will not officially act or respond
to complaints made verbally.
Allegations received by telephone will be reduced to writing and provided to the complainant for
confirmation or revision before processing. A complaint form will be forwarded to the complainant
for him/her to complete, sign, and return to the City of Renton for processing.
1. In order to be accepted, a complaint must meet the following criteria:
The allegation(s) must involve a covered basis such as race, color, national origin,
gender, disability, or retaliation.
The allegation(s) must involve a program or activity of a Federal-aid recipient,
sub-recipient, or contractor, or, in the case of ADA allegations, an entity open to
the public.
The complaint must include the date of the alleged act of discrimination (date
when the complainant(s) became aware of the alleged discrimination; or the latest
instance of the conduct).
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The complaint must present a detailed description of the issues, including names
and job titles of those individuals perceived as parties in the complained-of
incident.
The complainant(s) must accept reasonable resolution based on the City of
Renton’s administrative authority (reasonability to the determined by the City of
Renton).
2. Upon receiving the written complaint, Human Resources, in consultation with the Title
VI Coordinator will determine its jurisdiction, acceptability, need for additional
information, and the investigative merit of the complaint.
3. If the complaint is against the City, the City will request the Washington State
Department of Transportation (WSDOT) Office of Equal Opportunity to conduct the
investigation. In the event WSDOT handles the investigation, they will follow their
adopted procedures for investigating discrimination complaints, per their current State
Title VI Plan.
4. If a complaint is against a sub-recipient, consultant, or contractor, under contract with the
City, the appropriate Department and/or Division shall be notified of the complaint
within 15 calendar days. The City will determine whether it will investigate the
complaint or request WSDOT to conduct the investigation.
5. Once the City or WSDOT decides to accept the complaint for investigation, the
complainant and the respondent will be notified in writing of such determination within
five (5) calendar days. The complaint will be logged into the records of the Title VI
Coordinator, and the basis for the allegation identified including race, color, national
origin, handicap/disability, age or sex.
6. In cases where the City of Renton assumes investigation of the complaint, the City will
provide the respondent with the opportunity to respond to the allegations in writing. The
respondent will have ten (10) calendar days upon receipt, to furnish the City with his/her
response to the allegations.
7. Within 40 calendar days of acceptance of the complaint, the City of Renton or WSDOT
investigator will prepare a written investigative report for the Public Works
Administrator and Mayor. This preliminary investigative report shall include a narrative
description of the incident, identification of persons interviewed, findings and
recommendations for disposition.
8. The investigator will discuss the report and recommendations with the Public Works
Administrator and Mayor. There will be a period of 10 calendar days to discuss the report
and any recommendations. The report will be modified as needed and made final for its
release to the parties.
9. Once the investigative report becomes final, briefings will be scheduled with each party
within 15 days. Both the complainant and the respondent shall receive a copy of the
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investigative report during the briefings and will be notified of their respective appeal
rights.
10. A copy of the complaint and City or WSDOT investigative report will be issued to
WSDOT’s External Civil Rights Branch (or the appropriate oversight agency) within 60
calendar days of the acceptance of the complaint.
11. If the complainant or respondent is not satisfied with the results of the investigation of the
alleged discriminatory practice(s) he or she shall be advised of their rights to appeal the
decision to WSDOT, U.S. Department of Transportation or U.S. Department of Justice.
The complainant has 180 calendar days after the appropriate agency’s final resolution to
appeal to USDOT. Unless new facts not previously considered come to light,
reconsideration of the final determination by the investigating agency will not be
available.
12. The Title VI Coordinator will maintain an annual Log Of Complaints, which will contain
the following information for each complaint filed:
The name and address of the person filing the complaint
The date of the complaint
The basis of the complaint
The disposition of the complaint
The status of the complaint
Only qualified, well-trained investigators should conduct these investigations. No agency
is allowed to investigate a complaint against itself.
13. A complaint may be dismissed for the following reasons:
The complainant requests the withdrawal of the complaint.
The complainant fails to respond to repeated requests for additional information
needed to process the complaint.
The complainant cannot be located after reasonable attempts.
VI. Sub-Recipient Review and Remedial Action Procedures
A. Title VI Review of Sub-recipients of Federal-Aid Highway Funds.
Transportation Title VI Specialists and the Title VI Coordinator will assist WSDOT to
periodically conduct Title VI compliance reviews. Transportation Division staff will review
select recipients of Federal-aid highway or other Federal funds, to ensure adherence to Title VI
requirements (see Section VII). The Title VI Coordinator will work cooperatively to periodically
confirm operational guidelines provided to consultants, contractors, and sub-recipients, including
Title VI language, provisions, and related requirements, as applicable.
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B. Post-Grant Reviews.
The Coordinator will collaborate with Transportation staff to conduct periodic post grant reviews
of select recipients of Federal highway funds or other Federal funds, for roads, sidewalks,
bridges, municipal construction, etc. to ensure adherence to Title VI requirements (see Section
VII). Appropriate staff will periodically confirm that operational guidelines provided to
consultants, contractors and sub-recipients include Title VI language and provisions and related
requirements, where applicable.
C. Remedial Action.
When irregularities occur in the administration of Federal-aid highway programs at either the
City or sub-recipient levels, corrective action will be taken to resolve identified Title VI issues.
The City of Renton will seek the cooperation of the consultant, contractor or other sub-recipient
in correcting deficiencies found during periodic reviews. The City will provide technical
assistance and guidance, upon request, to support voluntary compliance by the sub-recipient.
When conducting Title VI compliance reviews, the City will reduce to writing any recommended
remedial action agreed upon by the Transportation Division and sub-recipient, and provide a
copy of the letter within a period not to exceed 45 days.
Sub-recipients placed in a deficiency status will be given a reasonable time, not to exceed 90
days after receipt of the deficiency letter, to voluntarily correct deficiencies. When a sub-
recipient fails or refuses to voluntarily comply with requirements within the allotted time frame,
the City of Renton will submit to WSDOT and FHWA copies of the case file and a
recommendation that the sub-recipient be found in noncompliance.
A follow-up review will be conducted within 180 days of the initial review to ascertain if the
sub-recipient has complied with the Title VI Program requirements in correcting deficiencies
previously identified. If the sub-recipient refuses to comply, the City of Renton and WSDOT
may, with FHWA’s concurrence, initiate sanctions per 49 CFR 21.
VII. Title VI Implementation Activities in Special Emphasis
Program Areas
A. Planning & Location Activities
1. Planning Process.
The Transportation Planning Section has responsibility for providing long-range planning,
program development, and capital programming necessary to provide efficient transportation
services to City of Renton citizens. The City annually updates and coordinates its six-year
plan for transportation improvement programs and projects. The update informs other City of
Renton departments and neighboring jurisdictions of the current planning direction for
transportation needs. Projects included in the update are the result of evaluation and
prioritization of needs in various transportation areas. The evaluation process includes input
from the City Title VI Coordinator, various departments, cities, local jurisdictions and
organizations, citizen groups, and private individuals. All six-year plans are consistent with
the adopted Comprehensive Plan approved under the State’s Growth Management Act.
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2. Authorities.
Renton City Code; 23 CFR 450; RCW 35.77; RCW 36; RCW 47.06 Statewide
Transportation Planning; RCW 47.80 Regional Transportation Planning Organization
(RTPO).
3. Public Involvement in Planning Activities & Title VI.
a) The Transportation Division will invite participation of a cross section of the populace
from social, economic, and ethnic groups in the planning process by disseminating
written program information to minority media and ethnic organizations, and providing
public service announcements for all local media, when forming citizen advisory
committees or planning boards, and requesting involvement.
b) Transportation Division staff will obtain demographic statistics at applicable community
meetings and public hearings involving transportation planning sessions. Data will be
gathered through use of a voluntary self-reporting form which includes race, gender, and
national origin. Copies of the completed forms will be provided to Title VI Coordinator
after each meeting.
c) To ensure access to public meetings, evening meetings will be conducted in a variety of
community buildings throughout the City, including those along transit routes. Staff will
ensure translation services are available if anticipated, and ensure public meetings are
held in predominantly minority communities when transportation projects will
specifically impact those communities.
B. Consultant Contracts Activities
1. Consultant Contracts Administration.
The Design Section is responsible for recommending consultant firms to support
Transportation Division activities. Project Managers participate in final selection, negotiation
and award. Pursuant to City of Renton Purchasing, Bidding and Contracting Policy, the
signing authority of the consultant contracts may be the Public Works Administrator or the
Mayor. In coordination with project managers, the Design Section Manager administers
awarded consultant contracts.
2. Authorities.
City of Renton Code; WSDOT Local Agency Guidelines; 48 CFR 31; 23 CFR 172
3. Consultant Selection Process.
Transportation staff or project management staff will request qualifications from consulting
engineering firms specializing in various aspects of civil engineering which may relate to
transportation projects and the development of construction plans and special provisions for
roads and bridges, design work associated with structures, performing environmental studies
or preparing NEPA or SEPA documents for transportation projects. Consultant selection
from the certified list maintained by the MRSC adheres to Washington State regulations
(RCWs) and is consistent with City of Renton vendor policies.
4. Title VI Assurances and Provisions
Transportation Division staff will:
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a) Include applicable Disadvantaged Business Enterprise (DBE) goals in designated
projects, and seek to proactively achieve the goal(s).
b) Include Title VI assurance and provision language in all Federally funded consultant
contracts. Periodically review documents and language to ensure compliance with
current laws and regulations. Provide a copy of the contract to the Title VI Coordinator,
and any amendments or updates that may occur over time.
c) Maintain updated demographic data on the utilization of women-and minority-owned
consulting firms. As they occur, a copy of the award letter will be provided to the Title
VI Coordinator for use in preparing the Annual Update Accomplishment Report.
C. Design & Engineering / Environmental Activities
1. Capital Improvement Projects (CIP):
The Design Section is responsible for implementing the Capital Improvement Program (CIP)
and environmental permitting for projects. Studies are performed to assess various
environmental factors as they relate to the implementation of the City’s transportation capital
program, including evaluating demographic data.
2. Authorities.
Renton City Code; Local Agency Guidelines - WSDOT- M36-63; Standard Plans For Road,
Bridge and Municipal Construction-WSDOT; APWA - M21-01; Title 23, USC 109(d), 14(a),
217, 315 and 402(a); 23 CFR 1204.4; 23 CFR 771; EO 12898; 49 CFR 1.48(b)(33) and
1.48(c)(2; National Environmental Policy Act of 1969, 42 USC 4321; 40 CFR Part 1500; 49
CFR Part 622; WSDOT EPM M31-1; EO 12898
3. Design /Environmental Review Process and Title VI
Transportation Division Staff will:
a) Depending on the scope, complexity, and impacts of a project, a National Environmental
Policy Act (NEPA), NEPA Categorical Exclusion, NEPA Environmental Assessment,
State Environmental Policy Act (SEPA) checklist, SEPA Determination of Non
Significance, or NEPA and/or SEPA Environmental Impact Statement will be
completed.
b) Monitor compliance with Title VI requirements in all aspects of conducting
Environmental Impact Statements or Assessments. Provide a comprehensive summary
of the demographic and environmental data elements to be considered by the EIS/EIA
process to the Title VI Coordinator; including updated summary lists as applicable.
c) Incorporate into the review process adequate time for the Coordinator to review and
comment, as applicable, on the draft EIS/EIA to ensure there are no violations of the
Federal Civil Rights Act, as amended, as a result of the City’s Federal-Aid highway
activities.
d) In order to ensure dissemination of information and foster participation from affected
populations, place public notices in applicable general and minority media; select
accessible locations and times for public hearings or meetings, and arrange for
translation services as needed; particularly in projects impacting predominantly minority
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communities. Ensure the public has information pertaining to their rights to call or write
the department to view plans and discuss environmental problems.
e) Obtain demographic data at community meetings and public hearings pertaining to the
transportation design phase. Data will be gathered through use of a voluntary sign-up
form which includes race, gender, and preferred language to receive information. Copies
of the voluntary self-reporting forms will be provided to the Title VI Coordinator after
each meeting.
f) Provide a copy of the Annual Construction Report to the Title VI Coordinator in or
around August of each year. The Title VI Coordinator will work with the city’s GIS
Section to generate a map of the Federal Highway Administration (FHWA) funded
transportation projects to include demographic data of the neighborhoods effected by the
projects.
D. Right-of-way Activities
1. Real Property Services.
The Design Section, through consultants with expertise in right-of-way acquisition, manages
and coordinates the appraisal and acquisition of real property and relocation assistance
services for transportation projects. The right of way acquisition process entails appraisal of
property, negotiation of terms and conditions for acquisition, and assistance in the relocation
of displaced individuals, businesses, farm operations, nonprofit organizations, and property
management.
2. Authorities.
Right of Way Manual; 23 CFR 130; 49 CFR 24; RCW Chapter 47; WAC 468.100
3. Right-of-way Activities and Title VI
The Design Section staff will:
a) Ensure equal opportunity in all aspects of procuring real estate service contracting and
appraisal agreements. Follow adopted City of Renton vendor procurement policies in
the acquisition of contracted services.
b) Utilize current OMWBE directories identifying fee appraiser organizations and the
Washington State Department of Transportation’s list of certified fee appraisers when
seeking services. Maintain data on awards to minority and female appraisers, and
provide data to the Title VI Coordinator on a quarterly basis.
c) Follow the guidelines in the Right of Way Manual for property acquisition as well as
applicable laws and regulations, including Title VI and Section 504.
d) Adhere to departmental policy of apprising affected property owners, tenants, and others
involved in right-of-way acquisition of their rights and options regarding negotiation,
relocation, condemnation and other aspects of the acquisition process.
e) Provide copies of relocation assistance literature produced by WSDOT and a copy of
the City of Renton Title VI Compliance brochure to all affected parties.
AGENDA ITEM #2. a)
City of Renton Title VI Plan
15
f) Incorporate Title VI language in all surveys of property owners and tenants. Coordinate
the preparation of deeds, permits and leases to ensure the inclusion of the appropriate
clauses, including Title VI Language.
g) Ensure that appraised values and communications associated with the appraisal and
negotiation operations result in equitable treatment.
h) Ensure comparable replacement dwellings are available and assistance is given to all
displaced persons and entities by the property acquisition process.
i) Maintain statistical data including race, color, national origin, and sex on all relocatees
affected by Transportation Federal Highway Administration funded projects, and
provide detailed demographic data quarterly to the Title VI Coordinator.
E. Construction Activities
1. Construction: - Design Section.
The implementation of capital improvements projects is performed by the Design Section
(mentioned above). This section is also responsible for administration of all new construction
contracts and inspecting bridges. The Transportation Division is responsible for oversight
and the administration of transportation construction projects, as set forth by policy decisions
and supervision of the Public Works Administrator.
2. Authorities.
City of Renton Standards, Construction Manual M41-01; Maintenance Manual M51-01;
Local Agency Guidelines; Standard Specifications for Road, Bridge, and Municipal
Construction.
3. Construction Activity and Title VI
Transportation Division staff will:
a) Review all Federal Highway Administration funded transportation projects for
application of DBE goals. As appropriate, include DBE provisions in those projects with
designated goals. Include Title VI language in bid announcements and applicable
construction documents, as stipulated in the City’s Title VI Policy Statement (p. 2) and
Assurances (Exhibit 2, p. 18-19) herein.
b) Award construction contracts on the basis of lowest responsive bidder, as well as
meeting DBE requirements. Include Title VI language in prime contract award letters to
encourage utilization of DBE subcontracts and vendors.
c) Ensure that prime contractors with DBE requirements award contracted work to
qualified DBEs which perform commercially useful functions.
d) Monitor all construction operations to ensure nondiscrimination throughout all
operations.
e) Coordinate the gathering of construction information regarding DBE participation for
the Annual Title VI Report; and provide to the Coordinator.
AGENDA ITEM #2. a)
City of Renton Title VI Plan
16
Exhibit 1 – City of Renton Title VI Notice to the Public
The City of Renton hereby gives public notice that it is the City’s policy to assure full
compliance with Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of
1987, and related statutes and regulations in all programs and activities. Title VI requires that no
person shall, on the grounds of race, color, sex, or national origin be excluded from the
participation in, be denied the benefits of, or be otherwise subjected to discrimination under any
Federal Aid Highway program or other activity for which the City of Renton receives Federal
financial assistance.
Any person who believes they have been aggrieved by an unlawful discriminatory practice under
Title VI has a right to file a formal complaint with the City of Renton. Any such complaint must
be in writing and filed with the City of Renton Human Resources within one hundred, eighty
(180) days following the date of the alleged discriminatory occurrence. Title VI Discrimination
Complaint Forms may be obtained from the City’s website (www.rentonwa.gov) or from the
Human Resources office at no cost to the complainant by calling (425) 430-7655.
AGENDA ITEM #2. a)
City of Renton Title VI Plan
17
Exhibit 2 – City of Renton Title VI Assurances
The City of Renton in the State of Washington, (hereinafter referred to as the “Recipient”),
HEREBY AGREES THAT as a condition to receiving any Federal financial assistance from the
U.S. Department of Transportation will comply with Title VI of the Civil Rights Act of 1964, 78
Stat. 252, 42 USC 2000d--42 USC 2000d--4 (hereinafter referred to as the Act), and all
requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary part 21, Nondiscrimination in Federally
Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil
Rights Act of 1964 (hereinafter referred to as the Regulations), and other pertinent directives, to
the end that in accordance with the Act, Regulations, and other pertinent directives, no person in
the United States shall, on the grounds of race, color, sex, or national origin be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination under any
program or activity for which the Recipient receives Federal financial assistance through the
Washington State Department of Transportation, including the U.S. Department of
Transportation and Federal Highway Administration, and HEREBY GIVES ASSURANCE
THAT it will promptly take any measures necessary to effectuate this agreement. This Assurance
is required by Subsection 21.7(a)( 1 ) of the Regulations.
More specifically and without limiting the above general assurance, the Recipient hereby gives
the following specific assurances to its Federal Aid Highway Program:
1. That the Recipient agrees that each “program” and each “facility” as defined in
Subsections 21.23(e) and 21.23(b) of the Regulations, will be (with regard to a “program”)
conducted, or will be (with regard to a “facility”) operated in compliance with all
requirements imposed by, or pursuant to, the Regulations.
2. That the Recipient shall insert the following notification in all solicitations for bids for
work or material subject to the Regulations made in connection with the Federal Aid
Highway Program, and in adapted form in all proposals for negotiated agreements:
The City of Renton, in accordance with Title VI of the Civil Rights Act of 1964 and 78
Stat. 252, 42 USC 2000d---42 and Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, part 21, Nondiscrimination in
Federally assisted programs of the Department of Transportation issued pursuant to such
Act, hereby notifies all bidders that it will affirmatively ensure that any contract entered
into pursuant to this advertisement, minority business enterprises will be afforded full
opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, sex, or national origin in consideration for an award.
3. That the Recipient shall insert the clauses of Appendix 1 of this Assurance in every
highway contract subject to the Act and the Regulations.
4. That the Recipient shall insert the clauses of Appendix 2 of this Assurance, as a covenant
running with the land, in any deed from the United States effecting a transfer of real
property, structures, or improvements thereon, or interest therein for highway purposes.
AGENDA ITEM #2. a)
City of Renton Title VI Plan
18
5. That where the Recipient receives Federal financial assistance to construct a facility, or
part of a facility, the Assurance shall extend to the entire facility and facilities operated in
connection therewith.
6. That where the Recipient receives Federal highway financial assistance in the form, or for
the acquisition of real property, or an interest in real property, the Assurance shall extend
rights to space on, over or under such property.
7. That the Recipient shall include the appropriate clauses set forth in Appendix 3 of this
Assurance, as a covenant running with the land, in any future deeds, leases, permits,
licenses, and similar agreements entered into by the Recipient with other parties: (a) for
the subsequent transfer of real property acquired or improved under the Federal Aid
Highway Program; and (b) for the construction or use of or access to space on, over or
under real property acquired, or improved under the Federal Aid Highway Program.
8. That this Assurance obligates the Recipient for the period during which Federal financial
assistance is extended to the program, or is in the form of, personal property, or real
property or interest therein or structures or improvements there on, in which case the
Assurance obligates the Recipient or any transferee for the longer of the following
periods: (a) the period during which the property is used for a purpose for which the
Federal financial assistance is extended, or for another purpose involving the provision of
similar services or benefits; or (b) the period during which the Recipient retains ownership
or possession of the property.
9. The Recipient shall provide for such methods of administration for the program as are
found by the Secretary of Transportation, or the official to whom s/he delegates specific
authority to give reasonable guarantee that it, other recipients, sub-grantees, contractors,
subcontractors, transferees, successors in interest, and other participants of Federal
financial assistance under such program will comply with all requirements imposed or
pursuant to the Act, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial endorsement with
regard to any matter arising under the Act, the Regulations, and this Assurance.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all
Federal grants, loans, contracts, property, discounts or other Federal financial assistance
extended after the date hereof to the Recipient by the U.S. Department of Transportation under
the Federal Aid Highway Program and is binding on it, other recipients, sub-grantees,
contractors, subcontractors, transferees, successors in interest and other participants in the
Federal Aid Highway Program. The person whose signature appears below is authorized to sign
this Assurance on behalf of the Recipient.
________________________________________ _____________________
Mayor Date
________________________________________ __________________
Public Works Administrator Date
AGENDA ITEM #2. a)
City of Renton Title VI Plan
19
Appendix 1 – Title VI Assurances For Consultants, Contractors, Subcontractors,
Suppliers, and Manufacturers
The City of Renton will insert or add the following clauses into every highway contract subject
to the Act and Regulations associated with the receipt of Federal financial assistance:
During the performance of this contract, the contractor, for itself, its assignees and successors in
interest (hereinafter referred to as the “contractor”) agrees as follows:
1. Compliance with Regulations.
The contractor shall comply with the Regulations relative to nondiscrimination in Federally
assisted programs of the Department of Transportation (hereinafter DOT), Title 49, Code of
Federal Regulations, part 21, as they may be amended from time to time, (hereinafter
referred to as the Regulations), which are herein incorporated by reference and made a part of
this contract.
2. Nondiscrimination.
The contractor, with regard to the work performed during the contract, shall not discriminate
on the grounds of race, color, sex, or national origin in the selection and retention of
subcontractors, including procurement of materials and leases of equipment. The contractor
shall not participate either directly or indirectly in the discrimination prohibited by Section
21.5 of the Regulations, including employment practices when the contract covers a program
set forth in Appendix B of the Regulations.
3. Solicitations for Subcontracts, including Procurement of Materials and Equipment.
In all solicitations either by competitive bidding or negotiations made by the contractor for
work to be performed under a subcontract, including procurement of materials or leases of
equipment, each potential subcontractor or supplier shall be notified by the contractor of the
contractor’s obligations under this contract and the Regulations relative to nondiscrimination
on the ground of race, color, sex, or national origin.
4. Information and Reports.
The contractor shall provide all information and reports required by the Regulations or
directives issued pursuant thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the City of Renton or
the Washington State Department of Transportation to be pertinent to ascertain compliance
with such Regulations, orders and instructions. Where any information required of a
contractor is in the exclusive possession of another who fails or refuses to furnish this
information, the contractor shall so certify to the City of Renton, or the Washington State
Department of Transportation as appropriate, and shall set forth what efforts it has made to
obtain the information.
5. Sanctions for Noncompliance.
In the event of the contractor’s noncompliance with the nondiscrimination provisions of this
contract, The City of Renton and the Washington State Department of Transportation shall
impose such contract sanctions as it, or the Federal Highway Administration may determine
to be appropriate, including, but not limited to:
AGENDA ITEM #2. a)
City of Renton Title VI Plan
20
a) Withholding of payments to the contractor under the contract until the contractor
complies, and/or;
b) Cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions.
The contractor shall include the provisions of paragraphs (1) through (6) in every
subcontract, including procurement of materials and leases of equipment, unless exempt by
the Regulations, or directives issued pursuant thereto. The contractor shall take such action
with respect to any subcontractor or procurement as the City of Renton or the U.S.
Department of Transportation, Federal Highway Administration, may direct as a means of
enforcing such provisions including sanctions for noncompliance.
Provided, however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the contractor may
request the City of Renton enter into such litigation to protect the interests of the City and, in
addition, the contractor may request the United States to enter into such litigation to protect
the interests of the United States.
AGENDA ITEM #2. a)
City of Renton Title VI Plan
21
Appendix 2 - Granting and Habendum Clauses
When the City of Renton is the recipient of real property, structures or improvements thereon, or
interest therein from the United States for highway purposes, the following clauses shall be
included in any and all deeds affecting or recording the transfer of property:
GRANTING CLAUSE
NOW, THEREFORE, the City of Renton, as authorized by law, will accept title to the lands and
maintain the project constructed thereon, in accordance with Title 23, United States Code, the
Regulations for the Administration of Federal Aid for Highways and the policies and procedures
prescribed by the Federal Highway Administration of the Department of Transportation and, also
in accordance with and in compliance with all requirements imposed by or pursuant to Title 49,
Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary,
part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation
(hereinafter referred to as the Regulations) pertaining to and effectuating the provisions of Title
VI of the Civil Rights Act of 1964 (78 Stat. 252:42 USC 2000d to 2000d--4) does hereby remise,
release, quitclaim, and convey unto the City of Renton all the right, title, and interest of the
Department of Transportation in and to said land described in Exhibit A attached hereto and
made a part thereof.
HABENDUM CLAUSE
TO HAVE AND TO HOLD said lands and interests therein unto the City of Renton, and its
successors forever, subject, however, to the covenants, conditions, restrictions and reservations
herein contained as follows, which will remain in effect for the period during which the real
property or structures are used for a purpose for which the Federal financial assistance is
extended or for another purpose involving the provision of similar services or benefits and shall
be binding on the City of Renton, its successors, and assigns.
The City of Renton, in consideration of the conveyance of said lands and interests in lands, does
hereby covenant and agree as a covenant running with the land for itself, its successors and
assigns, that (1) no person shall on the grounds of race, color, sex, or national origin be excluded
from participation in, be denied the benefits of, or be otherwise subjected to discrimination with
regard to any facility located wholly or in part on, over, or under such lands hereby conveyed (,)
(and)1 (2) that the City of Renton, shall use the lands and interests in lands so conveyed, in
compliance with all requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21,
Nondiscrimination of Federally assisted programs of the Department of Transportation --
Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be
amended (,) and (3) that in the event of breach of any of the above mentioned nondiscrimination
conditions, the City shall have a right to reenter said lands and facilities on said land, and the
above described land and facilities shall thereon revert to and vest in and become the absolute
property of the Department of Transportation and its assigns as such interest existed prior to this
instruction.
1 Reverter Clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes
of Title VI of Civil Rights Act of 1964.
AGENDA ITEM #2. a)
City of Renton Title VI Plan
22
Appendix 3 - Lease/Deed Provisions
Upon receipt of Federal financial assistance to construct a facility or part of a facility for
highway purposes, the Recipient agrees to include these clauses in all future deeds, licenses,
leases, permits, or similar instruments entered into by the City of Renton pursuant to the
provisions of Title VI Assurances, item 7:
The LESSEE, for himself or herself, his or her heirs, personal representatives, successors in
interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a
covenant running with the land that in the event facilities are constructed, maintained, or
otherwise operated on the said property described in this lease, for a purpose for which a US
Department of Transportation program or activity is extended or for another purpose involving
the provision of similar services or benefits, the LESSEE shall maintain and operate such
facilities and services in compliance with all other requirements imposed pursuant to Title 49,
Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the
Secretary, part 21, Nondiscrimination in Federally assisted programs of the U.S. Department of
Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964, as said Regulations
may be amended.
That in the event of breach of any of the above non-discrimination covenants, the City shall have
the right to terminate the lease, and to reenter and repossess said land and the facilities thereon,
and hold the same as if said lease had never been made or issued.
The following shall be included in all deeds, licenses, leases, permits, or similar agreements
entered into by the City of Renton pursuant to the provisions of Title VI Assurances, item 7.
The LESSEE, for himself or herself, his or her personal representatives, successors in interest,
and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant
running with the land that (1) no person, on the grounds of race, color, sex, or national origin
shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination in the use of said facilities, (2) that in the construction of any improvements on,
over or under such land and furnishing of services thereon, no person on the grounds of race,
color, sex, or national origin shall be excluded from participation in, denied the benefits of, or
otherwise be subjected to discrimination, (3) that the LESSEE shall use the premises in
compliance with all requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, part 21,
Nondiscrimination in Federally assisted programs of the U.S. Department of Transportation ---
Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be
amended. That in the event of breach of any of the above nondiscrimination covenants, the City
of Renton shall have the right to terminate the lease, and to re-enter and repossess said land and
the facilities thereon, and hold the same as if said lease had never been made or issued.
AGENDA ITEM #2. a)
City of Renton Title VI Plan
23
Appendix 4 – Organizational Charts
AGENDA ITEM #2. a)
City of Renton Title VI Plan
24
*Individuals marked with an asterisk serve as a Title VI Specialist or Coordinator.
AGENDA ITEM #2. a)
AB - 2296
City Council Regular Meeting - 07 Jan 2019
SUBJECT/TITLE: Addendum 10-18 to Lease Agreement LAG 001-87 with the Boeing
Employees Flying Association
RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee
DEPARTMENT: Transportation Systems Division
STAFF CONTACT: Casey Boatman, Airport Business Coordinator
EXT.: 7478
FISCAL IMPACT SUMMARY:
The annual income from Addendum 10-18 to LAG 001-87 with the Boeing Employees Flying Association for the
additional 24,067 square feet, calculated at $0.77 per square foot per year will be $18,531.59.
SUMMARY OF ACTION:
The Boeing Employees Flying Association (BEFA) is requesting to lease parcel 846, which is contiguous to their
current leased parcel at 840 West Perimeter Road. BEFA previously leased this parcel and turned it back to
the City in June 2010. With improved economic conditions, they are looking to expand their operations by
increasing their ramp space. Addendum 10-18 adds the square footage of parcel 846 consisting of 24,067
square feet. This area is referred to as the “North Tie Downs.” The addition of parcel 846 increases BEFA’s
leased area under LAG-001-87 from 95,493 square feet to 119,560 square feet.
EXHIBITS:
A. Parcel 846 Lease Area Map
B. Addendum 10-18
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute Addendum 10-18 to Lease Agreement LAG 001-87 with the
Boeing Employees Flying Association to increase their leased square footage by 24,067 square feet.
AGENDA ITEM #3. a)
LAG001-87
Addendum 10-18
ADDENDUM TO LEASEAGREEMENT
(City of Renton to Boeing Employees FlyingAssociation Inc.)
THISADDENDUMNo.10 to Lease Agreement LAG001-87 is effective October 1,
2018.
RECITALS:
WHEREAS,Boeing Employees FlyingAssociation Inc.("BEFA"or "Lessee")has a
lease agreement with the City of Renton ("Lessor"),LAG-001-87,executed on January 1,
1987,and as subsequently amended (the "Lease");and
WHEREAS,pursuant to Addendum #8-10 an area of land known as ”Parcel 846"
(and also sometimes referred to as the "north tiedowns”)which is 24,067 square feet in
area was removed from the Lease’s premises reducing the total leased area from
119,560 square feet to 95,493 square feet;and
WHEREAS,pursuant to Addendum #8-10's removalof Parcel 846,the leased
area consisted of 95,493 square feet,with 88,757 square feet of that total leased at
100%of the ground rental rate,and 6,736 square feet of that total leased at 50%of the
ground rental rate due to its nature as a joint use driveway area;and
WHEREAS,pursuant to Addendum #9-15,the ground rental rate was increased
to $0.7252 per square foot per year for the period from June 1,2015 through
December 31,2019;and
WHEREAS,subsequent to Addendum #9-15,the Airport-wide ground rental rate
was increased to $0.77 per square foot per year;and
WHEREAS,Lessor and Lessee now desire to add the 24,067-square foot Parcel
846 backto the Lease at 100%of the existing ground rental rate of $0.77 per square
foot per year effective October 1,2018.
NOW,THEREFORE,IN CONSIDERATIONOF THETERMSANDCONDITIONS
HEREINCONTAINEDAND FOROTHERGOOD AND VALUABLECONSIDERATION,THE
RECEIPTANDSUFFICIENCYOF WHICH IS HEREBYACKNOWLEDGED,LESSORAND
LESSORAGREETO AMENDTHELEASE,LAG001-87 AS AMENDED,AS SET FORTH
BELOW:
Lease Agreement LAG001-87
City of Renton to Boeing Employees Flying Association Inc.
AGENDA ITEM #3. a)
1.
Boeing Employees FlyingAssociation Inc.,
a Was 'ngton corpora ‘on
LAG001-87
Addendum 10-18
WITNESSETH:
The Lessor and Lessee do hereby agree to an increase in the total leased square
footage from 95,493 square feet to 119,560,based on the survey legal description
and lease maps that were originally attached to Addendum 8-10 to LAG001-98 and
which are reattached to this Addendum 10-18 as "ExhibitA."
The Lessor and Lessee do hereby agree to annual land rent calculated as follows:
88,757 square feet at $O.7252per square foot per year =$64,366.58;
Plus,6,736 square feet at $0.36 per square foot per year =$2,424.96;
Plus,24,067 square feet at $0.77 per square foot per year =$18,531.59.
The Lessor and Lessee do hereby agree to amend Section 2 of LAG001-87 to
provide an annual land rent of Eighty-FiveThousand Three Hundred Twenty-Three
and 13/100Dollars($85,323.13)(Calculation:$64,366.58 +$2,424.96 +
$18,531.59),PLUSleasehold excise tax,effective October 1,2018 through
December 31,2019.
Allother terms and conditions of the original Lease Agreement and Amendments
thereto,insofar as they are not inconsistent herewith,shall remain in full force and
effect.
CITYOF RENTON
a Washington municipal corporation
Printed N am -447 €£5‘//Denis Law
Title:Mayor
Date:57;2/(Z3 1?Date:
Attest:
Jason Seth,City Clerk
Approved as to form:
Shane Moloney,City Attorney
Lease Agreement LAG001-87
City of Renton to Boeing Employees FlyingAssociation Inc.
AGENDA ITEM #3. a)
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AGENDA ITEM #3. a)
CityofRenton
RentonAirport
Project036308
April23,2010
Boeing EmployeesFlying Association(BEFA)Lease
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COMMENCINGatRunwayStation0+00ofthe'City of RnntonAirport,as shownon Sheet2of6 of '
thatRecordofSurveyrecordedunderKingCountyrecordingno.20000314900001,beingmarkedby arebarandcap,thenceN04°49’43"W,alongthe eenterlineofthe existingrunwayas shownon saidsurvey.a distanceof4,272.54feec
_ThenceS85°l0’17”W a-distanceof391.01feetto thePOINT OF BEGINNING;
‘ThenceS84°50’50"W a distanceof 357.04feet;ThenceN02°05'50"B a distanceof 109.27feet;ThenceN00°10’25"B a distanceof 90.06feet;ThenceN0l°31’17”W a distanceof 159.48feet;ThenceN04°53’45"B a distanceof 14.99feet;ThenceN85°l0’17”E a.distanceof 170.10feet;
_ThenceS04°49’43"B a distanceof 40.00feet;ThenceN85°10’1'P’E a distanceof 154.17feet;ThenceS04°49’43”B a distanceof 330.16feetto thePOINT OFBEGINNING.
Contains119,560squarefeet,more orless(2.74 acres).
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AGENDA ITEM #3. a)
AB - 2297
City Council Regular Meeting - 07 Jan 2019
SUBJECT/TITLE: Lease Agreement LAG 19-001 with Rainier Flight Service, LLC
RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee
DEPARTMENT: Transportation Systems Division
STAFF CONTACT: Casey Boatman, Airport Business Coordinator
EXT.: 7478
FISCAL IMPACT SUMMARY:
Execution of LAG 19-001 between Rainier Flight Service, LLC and the City will have an economic impact of at
least $156,117.60, with scheduled increases based on the Consumer Price Index (CPI) adjustments and an
appraisal to determine the value of the 800 parcel. This is an annual increase of $3,508.51 from the current
lease structure of both parcels. In addition the lease includes language that provides a lump sum payment to
the City, upon demolition of 800 building, if appropriate. (Refer to lease section 4.f.)
SUMMARY OF ACTION:
Rainier Flight Service, LLC (Rainier) has two current leases with the City. Lease Agreement LAG 14-005 is for
the 800 parcel and Lease Agreement LAG 15-005 is for the 820 parcel. Rainier’s flight school and related
operations are housed within the existing structure of the 800 parcel. Rainier leased the vacant 820 parcel
back to the City through May 31, 2019, which subleased the 820 parcel to The Boeing Company for the
leaseback period.
Rainier would like to expand its operation and has proposed to proceed on a single lease covering both the
800 and 820 parcels. As provided for in the new lease, Rainier and City staff mutually desire to see the 800
parcel redeveloped by demolishing the existing building and constructing a new hangar for storage and
aircraft management. Rainier and staff also mutually desire to see the 820 parcel developed to include a
single large combination hangar and office building with a landside parking lot and adequate ramp space for
parked aircraft.
While Rainier plans to use the improvements on the 800 and 820 parcels in unison to their operation during
the lease, the improvements to the 800 and 820 parcels will be legally and physically segregable at the term of
the lease.
The term of this lease will be 30 years initially with an option to extend up to 10 additional years if established
milestones are reached, as agreed upon by all parties (refer to Appendix 1). The term of the lease will
commence on June 1, 2019, the day after the 820 parcel sublease ends. Existing leases LAG 14-005 and LAG
15-005 will need to be terminated effective May 31, 2019.
Additional language has been added to the Rainier lease that includes provisions which address the
conditional requirements of any future proposed structure(s) on parcels 800 and 820.
EXHIBITS:
A. Issue Paper
AGENDA ITEM #4. a)
B. Conceptual Drawings
C. Lease Agreement LAG 19-001
D. Appendix 1
STAFF RECOMMENDATION:
1. Authorize the Mayor and City Clerk to execute Lease Agreement LAG 19-001 with Rainier Flight Service, Inc.
for a 30-year term which contains conditional provisions for redevelopment of the 800 and 820 parcels.
2. Authorize the Mayor and City Clerk to terminate existing Rainier Flight Service, Inc. lease agreements LAG
14-005 and LAG 15-005 effective May 31, 2019.
AGENDA ITEM #4. a)
PUBLIC WORKS DEPARTMENT
M E M O R A N D U M
DATE: December 20, 2018
TO: Don Persson, City Council President
Members of the City Council
VIA: Denis Law, Mayor
FROM: Gregg Zimmerman, Public Works Department Administrator
STAFF CONTACT: Casey Boatman, Business Coordinator ext. 7478
SUBJECT: Lease Agreement LAG 19-XXX with Rainier Flight Service,
LLC
ISSUE:
1. Should Council authorize the Mayor and City Clerk to execute Lease Agreement
LAG 19-XXX with Rainier Flight Service, Inc. for a 30-year term which contains
conditional provisions for redevelopment of the 800 and 820 parcels?
2. Should Council authorize the Mayor and City Clerk to terminate the existing
Rainier Flight Service, Inc. lease agreements LAG 14-005 and LAG 15-005
effective May 31, 2019?
RECOMMENDATION:
1. Authorize the Mayor and City Clerk to execute Lease Agreement LAG 19-XXX
with Rainier Flight Service, Inc. for a 30-year term which contains conditional
provisions for redevelopment of the 800 and 820 parcels.
2. Authorize the Mayor and City Clerk to terminate the existing Rainier Flight
Service, Inc. lease agreements LAG 14-005 and LAG 15-005 effective
May 31, 2019.
BACKGROUND SUMMARY:
In the past long-term leases were approved for development at the Airport. However
on more than one occasion, the proposed development resulted in buildings that were
aesthetically and functionally different than the proposal indicated and varied
conceptually compared to what the City had approved. The City is insisting future
AGENDA ITEM #4. a)
Renton City Council
Page 2 of 4
December 20, 2019
H:\File Sys\AIR - Airport, Transportation Services Division\03 Projects\Contract Approvals\Ag bill - Rainier Flight New
Lease 800 and 820\Agenda Bill Documents 010719\Issue Paper - Rainier Flight Service Lease.docx
developments are guaranteed to prevent tenants and developers from fundamentally
changing concepts and designs after City approval is granted.
The Airport and Rainier Flight Service, LLC (Rainier) are in agreement to combine the 800
and 820 parcels and develop these parcels over time. The City had the following
concerns over whether or not the proposed building(s) on the parcels will adequately
meet the City’s aesthetic requirements:
1. Will the building(s) that Rainier constructs be aesthetically appealing and meet
City design codes?
2. How will Rainier give the City assurances that what they propose will in fact be
the final constructed product?
Rainier would like to combine their current leases as listed below into one agreement:
1. Lease Agreement LAG 14-005 for the 800 parcel and serves as Rainier’s flight
school and operations. This lease expires September 2024.
2. Lease Agreement LAG 15-005 for the 820 parcel was leased back to the City by
Rainier. The City subleased this parcel to The Boeing Company through
May 31, 2019. This lease expires May 2050.
The purpose of combining the parcels into a single lease is to mitigate issues that may
prevent efficient use of the space during future development. The new lease would
combine the parcels for the duration of the lease, but at the end of the lease the parcels
must be returned to a segregable condition. As provided for in the combined lease,
Rainier and the City mutually desire to see the 800 parcel redeveloped by demolishing
the existing building and constructing a new hangar for storage and aircraft
management.
The combined lease also provides for a mutual desire between Rainier and the City to
see the 820 parcel developed to include a single large combination hangar and office
building with a landside parking lot and adequate ramp space for parked aircraft.
The Airport is proposing a 30-year lease through May 2049, with an additional 10-year
extension if construction milestones are met. Per Airport Leasing Policy 6.3, “Tenant
has demonstrated the need for a long-term lease in order to amortize the investment
made on the property.”
AGENDA ITEM #4. a)
Renton City Council
Page 3 of 4
December 20, 2019
H:\File Sys\AIR - Airport, Transportation Services Division\03 Projects\Contract Approvals\Ag bill - Rainier Flight New
Lease 800 and 820\Agenda Bill Documents 010719\Issue Paper - Rainier Flight Service Lease.docx
On November 5, 2018 the Transportation Committee was briefed on the Rainier lease
for the first time. The Committee raised the following concerns:
1. Proposed Design Plan:
Specifically the finished product matches what was approved. Staff noted that the
Committee had experienced a situation with a previous Airport tenant who
presented architectural renderings and other graphics which were approved for the
long-term lease and building development. However once constructed the building
did not resemble the proposed plans. Based on this discussion staff understood the
Committee’s desire to include provisions in the Rainier lease and future leases that
outline the process to allow approvals during the process.
2. Financial Viability of Tenant:
According to Airport Leasing Policies, the applicant must, at their expense, obtain a
credit score from a consultant acceptable to the City to evaluate whether the tenant
has the financial capacity to meet the long-term obligations of a lease.
On December 3, 2018 the Transportation Committee received a follow up briefing
on the Rainier lease. Staff reported that Rainier had provided a Dunn and Bradstreet
credit report on the applicant and that Rainier and staff agreed to additional
language in the lease that provides for more City involvement in the design process.
This language is contained in sections 7.d. and 7.e. of Appendix 1 and reads as
follows:
“7.d.: No building permit will be issued by the City until and unless the City’s Public
Works Administrator, or designee, has confirmed in writing that the permit
documents are consistent with the Renton City Council’s approved design proposal.
If the City’s Public Works Administrator, or designee, determines that the permit
documents are not consistent with the Renton City Council’s approved design
proposal, then prior to building permit issuance Tenant will revise the permit
documents or obtain design change approval from the Renton City Council; and
“7.e.: The primary intent of Subsections 7.a. through 7.d., above, is that the 800
Parcel improvements and 820 parcel improvements be visually and functionally
consistent with a design approved by the Renton City Council. After the Renton city
Council has approved tenant’s design proposal, any subsequent proposed material
alterations will require a new presentation to the Transportation/Aviation
Committee and a new approval decision by the Renton City Council.”
AGENDA ITEM #4. a)
Renton City Council
Page 4 of 4
December 20, 2019
H:\File Sys\AIR - Airport, Transportation Services Division\03 Projects\Contract Approvals\Ag bill - Rainier Flight New
Lease 800 and 820\Agenda Bill Documents 010719\Issue Paper - Rainier Flight Service Lease.docx
CONCLUSION:
Staff is confident the language written into the Rainier lease provides the City with the
ability to approve all phases of the design and construction process. In turn the
language allows the City more leverage and authority to provide feedback on the
appearance of the improvements once they are completed.
The lease outlines a series of steps in the design and construction process that will
required of the tenant in order to receive a building permit from the City. This will
prevent the tenant from constructing building(s) that have not been analyzed and
properly approved by the City.
cc: Jim Seitz, Transportation Systems Director
Harry Barrett, Jr., Airport Manager
Jason Anderson, Assistant Airport Manager
Casey Boatman, Airport Business Coordinator
Marc Gordon, Senior Finance Analyst
AGENDA ITEM #4. a)
AGENDA ITEM #4. a)
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I{I’(}RAINIERFLIGHTSERVICE
EXPANSION PROJECT CONCEPT PM
AGENDA ITEM #4. a)
LEASE AGREEMENT
City of Renton to Rainier Flight Service, LLC (Parcels 800 and 820)
1
LEASE AGREEMENT
City of Renton to Rainier Flight Service, LLC (Parcels 800 and 820)
THIS LEASE (hereinafter “Lease”) is made and entered into this day of , 2019,
by and between THE CITY OF RENTON, a Washington municipal corporation (hereinafter
"Landlord" or the “City”), and Rainier Flight Service, LLC, a Washington limited liability
corporation (hereinafter “Tenant”).
In consideration of the covenants and agreements set forth in this Lease, Landlord and Tenant
agree as follows:
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
Appendix 1
1.b. Legal Description: Landlord hereby leases to Tenant, and Tenant leases from
Landlord for the term described in Section 3 below, the parcels identified as 800 and 820 West
Perimeter Road and the buildings located thereon as more fully described in this Lease, with said
parcels shown on Exhibit “A” (lease map and legal description), which is attached hereto and
incorporated herein by this reference (hereinafter, "Premises").
1.c. Common Areas: Tenant, and its authorized representatives, subtenants,
assignees, agents, invitees, 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.
AGENDA ITEM #4. a)
LEASE AGREEMENT
City of Renton to Rainier Flight Service, LLC (Parcels 800 and 820)
2
2. CONDITIONS:
2.a. Specific Conditions: This Lease, and Tenant’s rights and permitted uses under this
Lease are subject to the following:
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. No Conveyance of Airport: This Lease shall in no way be deemed to be a conveyance
of the 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 Landlord'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
thereof to 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 of the 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.
AGENDA ITEM #4. a)
LEASE AGREEMENT
City of Renton to Rainier Flight Service, LLC (Parcels 800 and 820)
3
2.d. Future Development/Funding: 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
Landlord’s exercise of such rights shall not unreasonably interfere with Tenant’s rights under this
Lease.
2.e. Appendix 1 Governs: In the event of a conflict between the terms and conditions
of Appendix 1 to this Lease attached hereto and any other portion of this Lease, the Parties agree
that the terms and conditions set out in Appendix 1 shall supersede insofar as they are in conflict.
2.f. Cleaning of Catch Basins and 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/water separators 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. Landlord will clean and remove all sediment and other debris
from the catch basins and oil/water separators prior to the date that Tenant takes possession of
the Premises.
3. TERM:
3.a. Term: The term of this Lease (the “Term”) as to the entire Premises shall be for a
thirty (30) year period commencing on June 1, 2019 (hereinafter “Commencement Date”), and
terminating on May 31, 2049.
3.b. Term Provision: The Term of this Lease is also subject to the provisions identified
in Appendix 1 attached hereto, including any early termination rights set forth for Landlord and
any options to extend set forth for Tenant.
4. RENT/FEES/CHARGES:
4.a. Minimum Monthly Rent: Tenant shall pay to Landlord a Minimum Monthly Rent
in the sums listed below, PLUS Leasehold Excise Tax as described in Section 5, below, without
deduction, offset, prior notice or demand, payable promptly in advance on the first day of each
and every month. All such payments shall be made to the City of Renton, Attention: Fiscal
Services, Renton, Washington 98057. The Minimum Monthly Rent, beginning on the
Commencement Date, is computed as follows:
Monthly Rent – Land Component (Parcels 800 and 820), Applicable During Periods 1, 2, and 3, as
defined below
Ten Thousand Four Hundred Twenty-Three and 88/100 Dollars ($10,423.88), which amount
is one-twelth (1/12) of the annual land rent of One Hundred Twenty-Five Thousand Eighty-
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Six and 50/100 Dollars ($125,086.50) (162,450 square feet x $0.77 per square foot per year);
PLUS, leasehold excise tax.
Monthly Rent – Building Component, Parcel 800, Applicable During Period 1 (“Period 1” means
the period beginning on the Commencement Date and ending the day before the Appraisal
Submittal Date, as defined in Section 4.f, below).
Two Thousand Five Hundred Eighty-Five and 92/100 Dollars ($2,585.92), which amount is
one-twelth (1/12) of the annual building rent of Thirty-One Thousand Thirty-One and 00/100
Dollars ($31,031.00) (20,020 square feet x $1.55 per square foot per year); PLUS, leasehold
excise tax.
Monthly Rent – Building Component, Parcel 800, Applicable During Period 2 (“Period 2” means
the period commencing on the Appraisal Submittal Date and ending on the Demolition Date)
[Amount to be determined by Landlord via appraisal as further described in Section 4.f,
below.]
Monthly Rent – Building Component, Parcel 800, Applicable During Period 3 (“Period 3” means
the period after the Demolition Date, defined as the date that demolition activities as
contemplated in Appendix 1 are complete, as determined by Landlord)
[Amount to be determined by Landlord via financial analysis supplied by Tenant and
confirmed by Landlord, with such confirmation to be at Tenant’s cost. The amount will be
calculated as follows: A lump sum equal to any loss in net value to Landlord resulting from
the demolition of the existing building and the construction of the new building, payable
monthly over the then-remaining term of the Lease, with any remaining balance due as a final
lump sum payment at the termination of the Lease. For the purposes of this paragraph, “net
value” will be determined by comparing (A) the appraised value of the existing building as
contemplated in paragraph 4f with (B) the projected appraised value of the newly
constructed building as of the date construction is complete. If such projected appraised
value of the new building exceeds the appraised value of the existing building, the amount
due under this paragraph shall be Zero Dollars ($0.00). In no event shall Landlord owe any
amount to Tenant.]
For the avoidance of doubt, if Tenant elects not to demolish the building on Parcel 800, the
Period 2 building rent rate will continue to apply until such time as the lease for Parcel 800
terminates.
Total Monthly Rent for Period 1
Monthly Rental – Land Component (Parcels 800 and 820) $10,423.88
Monthly Rental – Building Component (Parcel 800), Period 1 $2,585.92
TOTAL: $13,009.80 per month, PLUS Leasehold Excise Tax
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Total Monthly Rent for Period 2
Monthly Rental – Land Component (Parcels 800 and 820) $10,423.88
Monthly Rental – Building Component (Parcel 800), Period 2 $TBD
TOTAL: $TBD per month, PLUS Leasehold Excise Tax
Total Monthly Rent for Period 3
Monthly Rental – Land Component (Parcels 800 and 820) $10,423.88
Monthly Rental – Building Component (Parcel 800), Period 3 $TBD
TOTAL: $TBD per month, PLUS Leasehold Excise Tax
4.b. Periodic Rental Adjustment: The Monthly Rent shall be subject to automatic
adjustment on the third (3rd) anniversary of the Commencement Date and every three years
thereafter on the anniversary of the Commencement Date (any 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 by
the United States Department of Labor, Bureau of Labor Statistics; “Beginning Index”
means the Index which is published nearest, but preceding, the Commencement Date;
and “Adjustment Index” means the Index which is published nearest, but preceding, each
Adjustment Date.
For the first Periodic Rent Adjustment, if the Adjustment Index has increased over the
Beginning Index, the Monthly Rent payable for the following three (3) year period (until
the next Adjustment Date) shall be set by multiplying the 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 Adjusted Monthly Rent determined pursuant to this
paragraph be less than the 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 three years prior, then the Adjusted Monthly Rent
payable for the following three (3) year period (until the next Adjustment Date) shall be
set by multiplying the then current Adjusted Monthly Rent by a fraction, the numerator
of which is the Adjustment Index and the denominator of which is the Adjustment Index
from three years prior. The product shall be the “Adjusted Monthly Rent.” In no event
shall the Adjusted Monthly Rent determined pursuant to this paragraph be less than any
prior Adjusted Monthly Rent.
4.c. Notice of Request for Readjustment of Rental: Landlord and Tenant do hereby
further agree that Landlord may adjust the Minimum Monthly Rent for an ensuing three (3) year
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period by a means other than the Index. In such event, Landlord must, at least thirty (30) days
prior to any Adjustment Date, provide to the other party a written request for readjustment of
the rental rate pursuant to RCW 14.08.120(5).
4.d. Late Payment Charge: If any Rent is not received by Landlord from Tenant by the
tenth (10th) business day after such Rent is due, Tenant shall immediately pay to Landlord a late
charge equal to five percent (5%) of the 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
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.e. Other Fees and Charges: Tenant shall pay, in addition to the Minimum 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
Fire Fighting or services rendered to the Tenant or the Premises.
4.f. Appraisal: The Parties agree that an appraisal is necessary to determine the fair
market value of the building located on Parcel 800 as of the Commencement Date and that the
appraisal will establish the building rental rate for Parcel 800 for Period 2 of the Minimum
Monthly Rent. As soon as reasonably possible after the Commencement Date, Landlord shall
obtain an appraisal determining the fair market rental value for the building on Parcel 800.
Within ten (10) days of receiving the completed appraisal, Landlord shall submit the appraisal to
Tenant (the “Appraisal Submittal Date”).
5. LEASEHOLD EXCISE TAX: 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 Minimum Monthly Rent and other charges payable under this Lease and shall
be paid at the same time the Minimum Monthly Rent is due. If the State of Washington or any
other governmental authority having jurisdiction thereover shall hereafter levy or impose any
similar tax or charge on this Lease or the leasehold estate described herein, then Tenant shall pay
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such tax or charge when due. Such tax or charge shall be in addition to the Minimum Monthly
Rent and other taxes or charges payable under this Lease.
6. PAYMENT OF UTILITIES AND RELATED SERVICES. 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 ACCEPTANCE OF PREMISES:
7.a. Acceptance of Premises: 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 of this Lease with respect to the condition of the
Premises at the Commencement Date. Tenant hereby accepts the Premises subject to all
applicable zoning, 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
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;
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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 8.a.(3), 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’s prior written consent. 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. Advertising: No advertising matter or signs shall be displayed on the Premises, at
any time, without the prior written approval of Landlord, which approval will not be unreasonably
withheld.
8.e. Conformity with Laws, Rules and Regulations: 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. Waste; Nuisance; Illegal Activities: 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. Increased 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’s Representation and Warranty: Tenant shall not dispose of or otherwise
allow the release of any Hazardous Substances in, on or under the Premises, or the Property, or
in any tenant improvements or alterations placed on the Premises by Tenant. Tenant represents
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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,
hazardous material, wast, pollutant, or contaminant, as those terms are defined in any federal,
state, county, or city law or regulation (collectively, “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). Standard of Care: Tenant agrees to use a high degree of care to be certain that
no Hazardous Substances are improperly used, released or disposed in, on or under the Premises
during the Term by Tenant, or its authorized representatives or assigns, or are improperly used,
released or disposed on the Premises by the act of any third party.
8.h.(3). Compliance Notification: 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
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). Indemnity:
8.h.(4)(a). Landlord shall have no responsibility to the Tenant, or any other third party,
for remedial action under R.C.W. Chapter 70.105D, or any other federal, state, county or
municipal laws, in the event of a release of or disposition of any Hazardous Substances in, on or
under the Premises during the Term that were caused by Tenant. Tenant shall defend, indemnify
and hold harmless Landlord, its officials, employees, agents and contractors (hereinafter “City
Indemnitees”) 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 remedial action under R.C.W.
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Chapter 70.105D or other remediation, arising by reason of the release or disposition of any
Hazardous Substances in, on or under the Premises during the Term that are caused by Tenant.
8.h.(4)(b). Tenant shall have no responsibility to the Landlord, or any other third party,
for remedial action under R.C.W. Chapter 70.105D, or other federal, state, county or municipal
laws, nor shall Tenant have any other liability or responsibility of any kind, in the event of the
presence, release, or disposition of any Hazardous Substance on, in, or under the Premises unless
such presence, release, or disposition of any Hazardous Substance was caused by Tenant.
Landlord shall defend, indemnify and hold harmless Tenant, and their, owners, directors, officers,
agents, employees, and contractors (collectively, “Indemnitees”) from any claims (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 Tenant or any Indemnitee
for attorneys, consultants, engineers, damages, environmental resource damages, and remedial
action under R.C.W. Chapter 70.105D or other remediation, arising from or in connection with
the presence, suspected presence, release or suspected release of any Hazardous Substances in,
on or under the Premises that is not caused, in whole or in part, by Tenant or the Indemnitees.
8.h.(4)(c). The provisions of this Subsection 8.h.(4) shall survive the expiration or sooner
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 termination or modification agreement or other document expressly so states in
writing.
8.h.(5). Dispute Resolution: 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 disposition 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). Landlord and Tenant shall each notify the
other of the identity of their arbitrator and the date of the postmark or personal delivery of the
letter shall be considered the date of appointment.
8.h.(5).b. The two appointed arbitrators shall meet, and shall make their decision 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.
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8.h.(5).c. If the two arbitrators are unable to agree 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. 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 Permittor
or Permittee 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
hereto.
8.h.(5).e. The arbitrators shall be environmental consultants with experience in the
identification and remediation of Hazardous Substances. The arbitrators shall make their
decision in writing within sixty (60) days after their 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. Each party shall bear the cost of the arbitrator named by it. The
expenses of the third arbitrator shall be borne by the parties equally.
8.i. Aircraft Registration Compliance: 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 Manager. 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 Manager.
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 sub-leasing 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
unregistered aircraft report. Tenant shall annually, during the month of January, collect the
aircraft owners’ reports and submit them to the Airport Manager.
9. MAINTENANCE:
9.a. Maintenance of Premises: The Premises and all of the 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
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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. Removal of Snow/Floodwater/Mud: Tenant shall be responsible for removal from
the Premises, all snow and/or floodwaters 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. Maintenance, Repair and Marking of Pavement: 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 FAA
standards at any time during the Term of this Lease, Tenant shall maintain the concrete and
asphalt pavements in such condition.
9.d. Right of Inspection: 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. Landlord May Perform Maintenance: 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:
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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
a lien 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
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 May Make 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 sooner 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
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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 sooner termination of the Term.
Alternatively, Landlord may, at its option, require Tenant, concurrently with the expiration of the
Term, to remove any and all improvements and structures installed by Tenant which would have
a negative value to the Landord (when considering their condition and the typical structure or
improvement a tenant on airport property would reasonably use), and repair any damage caused
thereby, at Tenant’s expense.
12. EXEMPTION OF LANDLORD FROM 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. INDEMNITY AND HOLD HARMLESS: Tenant shall defend, indemnify and hold harmless
Landlord against any and all claims arising from (a) the conduct and management of or 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. Notwithstanding the
foregoing, Tenant’s indemnity shall not apply to claims arising from aviation activities of its
patrons, customers, subtenants, or invitees. 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
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from the negligence or willful misconduct of Landlord or any of its agents, contractors,
employees, or 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. Assignment/Subletting: 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. 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 of the 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 sub-lease will be approved, the proposed
assignee or sub-tenant must comply with provisions of the then current Airport Leasing Policies,
including, but not limited to the “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, any assignment permitted herein will not relieve
Tenant of its duty to perform all the obligations set out in this Lease or addenda hereto. 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 Assignment 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
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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 Tenant's Liability: Neither an assignment or subletting nor the
collection of Rent by Landlord from any person other than Tenant, nor the application of any
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. Documentation: 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.
14.e. No Merger: 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. DEFAULT AND REMEDIES:
15.a. Default: The occurrence of any of the following shall constitute a default by Tenant
under this Lease:
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15.a.(1). Failure to Pay Rent: 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 Comply with Airport Regulations and Minimum Standards: Failure to
comply with the Airport Regulations and Minimum Standards, if the failure continues for a period
of twenty-four (24) hours after notice of such default is given by Landlord to Tenant. If the 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 or Cure: Failure to perform any other provision of this 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). Appointment of Trustee or Receiver: 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
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). Failure to Comply With Laws: 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/or city governments, or any terms of this Lease.
15.b. Additional Security: 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. If
Tenant fails to provide such adequate assurance within twenty (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.
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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). Maintain Lease in Force: 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. If
Landlord elects to not terminate the Lease, 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 public
warehouse or elsewhere at the cost of and on the account of Tenant. In the event any such
re-letting 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). Terminate Lease: 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
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-let the 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. BINDING AGREEMENT: 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 in the case of a Tenant who is a natural person, his
or her personal representative and heirs.
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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 of the 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.
All damages 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. SURRENDER OF PREMISES: Tenant shall quit and surrender the Premises at the end
of the 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 hereto on the Premises, except movable office furniture or trade fixtures put in at the
expense of Tenant, shall be and remain the property of the Landlord and shall remain on and be
surrendered with the Premises as a part thereof at the termination of this Lease 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 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. Personal Property: Tenant, at its expense, shall maintain in force during the Term
a policy of special 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.
19.b. Liability Insurance. 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 limits: $1,000,000 per occurrence,
$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
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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. Insurance Policies: 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. Notice of increased minimum
insurance coverage amounts shall be sent to the Tenant at least ninety (90) days prior to the
annual renewal date of the Tenant’s insurance. 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 of such policies, furnish Landlord with
evidence of renewal of such 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. If Tenant shall fail to procure and maintain
such insurance, 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 of the 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.d. Waiver of Subrogation: 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 hereto 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
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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, or sent by certified mail, return receipt requested, postage prepaid, and
shall be deemed delivered on receipt or refusal. 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: Airport Administration Office
Attn: Airport Manager
616 West Perimeter Road, Unit A
Renton, Washington 98057
Tenant’s Address: Rainier Flight Service, LLC
800 West Perimeter Road
Renton, WA 98057
Either party may change the address to which notices shall be sent by written notice to the other
party.
23. DISCRIMINATION PROHIBITED:
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. Minority Business Enterprise Policy: 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.
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23.c. Application to Subleases: 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 sub-leases,
and cause its assignee(s) and sublessee(s) to similarly include the above clause in further
assignments or subleases of this Lease.
24. FORCE MAJEURE: In the event that either party hereto 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, restrictive
governmental laws or regulations, riots, insurrections, war, or other reason of like nature not the
fault of the party delayed in performing work or doing acts required under the terms of this Lease,
then 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 of this Lease, to be made
by Tenant.
25. 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.
26. ATTORNEYS’ FEES AND COSTS; COLLECTION COSTS: 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
Section26, attorney’s fees shall include a reasonable rate for attorney’s employed by the City.
27. EMERGENCY RESPONSE: Tenant must provide to the Airport Manager 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
Manager’s office.
28. DEFINITIONS: As used in this Lease, the following words and phrases, whether or
not capitalized, 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 Minimum Monthly Rent.
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“Authorized representatives” 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.
“Expiration” means the coming to an end of the time specified in the Lease as its duration,
including any extension of the Term.
“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 “hazardous
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;
(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, RCW 70.105D.010 et seq.
“Parties” means Landlord and Tenant.
“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” means Minimum Monthly Rent, as adjusted from time to time under this Lease,
and Additional Rent.
29. GENERAL PROVISIONS:
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29.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 hereto.
29.b. Governing Law: This Lease shall be governed by, and construed and enforced in
accordance with, the laws of the State of Washington.
29.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.
29.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.
29.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
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.
29.f. Captions: Section captions contained in this Lease are included for convenience
only and form no part of the agreement between the parties.
29.g. Assignee as Tenant: The term "Tenant" shall be deemed to include the assignee
where there is a full assignment of the Lease.
29.h. Effectiveness: This Lease shall not be binding or effective until properly executed
and delivered by Landlord and Tenant.
29.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.
29.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.
29.k. Joint and Several Liability: If Tenant is composed of more than one person or
entity, then the obligations of all such persons and entities under this Lease shall be joint and
several.
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29.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.
29.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.
29.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.
TENANT: LANDLORD:
RAINIER FLIGHT SERVICE, LLC THE CITY OF RENTON
a Washington Limited Liability a Washington municipal
corporation corporation
By: Denis Law
Its: Mayor
Date: Date:
ATTEST:
By
Jason A. Seth, City Clerk
Date:
Approved as to legal form:
Shane Moloney, City Attorney
AGENDA ITEM #4. a)
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STATE OF WASHINGTON )
: ss.
COUNTY OF ___________ )
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 _______________________, 201__.
___________________________________
[Signature of Notary]
___________________________________
[Print Name of Notary]
Notary Public in and for the State of
Washington, residing at _______________.
My commission expires: ______________.
STATE OF WASHINGTON )
: ss.
COUNTY OF ___________ )
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 _______________________, 201__.
___________________________________
[Signature of Notary]
___________________________________
[Print Name of Notary]
Notary Public in and for the State of
Washington, residing at _______________.
My commission expires: ______________.
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STATE OF WASHINGTON )
: ss.
COUNTY OF ___________ )
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 _______________________, 201__.
___________________________________
[Signature of Notary]
___________________________________
[Print Name of Notary]
Notary Public in and for the State of
Washington, residing at _______________.
My commission expires: ______________.
STATE OF WASHINGTON )
: ss.
COUNTY OF ___________ )
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 _______________________, 201__.
___________________________________
[Signature of Notary]
___________________________________
[Print Name of Notary]
Notary Public in and for the State of
Washington, residing at _______________.
My commission expires: ______________.
AGENDA ITEM #4. a)
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EXHIBIT A
Lease Map and Legal Description
[See following.]
AGENDA ITEM #4. a)
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EXHIBIT B
Aircraft Laws and Regulations,
RCW 47.68.250: Public Highways and Transportation.
[See following.]
AGENDA ITEM #4. a)
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AGENDA ITEM #4. a)
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AGENDA ITEM #4. a)
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APPENDIX 1
Improvements on Parcels 800 and 820
1. Tenant, solely at its discretion, cost and expense, may construct or cause to be
constructed upon the leased land at 800 West Perimeter Road, Renton, Washington, 98057
(hereinafter called the “800 Parcel") and the leased land at 820 West Perimeter Road, Renton,
Washington, 98057 (hereinafter called the “820 Parcel"), that certain building, or buildings, and
improvements as set forth in this Appendix 1.
2. Tenant and Landlord mutually desire to see the 800 Parcel developed by
demolishing the existing building and then constructing a new hangar for storage and aircraft
management (collectively, the “800 Parcel Improvements”). The 800 Parcel Improvements will
be planned and built adhering to the design guidelines, design approval process, and schedule
set forth in Section 10 below, subject to adjustment as further set forth in this Appendix 1.
3. Tenant and Landlord mutually desire to see the 820 Parcel developed to include a
single large combination hangar and office building, a landside parking lot, and adequate ramp
space for parked aircraft without need to expand to other parcels (collectively, the “820 Parcel
Improvements”). The 820 Parcel Improvements will be planned and built adhering to the design
guidelines, design approval process, and schedule set forth in Section 10 below, subject to
adjustment as further set forth in this Appendix 1.
4. Tenant understands and agrees that although it can construct its improvements
on the 800 Parcel and the 820 Parcel to function compatibly, the 800 Parcel Improvements and
the 820 Parcel Improvements must ultimately be legally segregable. Tenant further understands
and agrees that any and all development on the 800 Parcel and the 820 Parcel is subject to final
written approval by the City and is subject to the City’s permit approval process prior to the
commencement of any ground-disturbing work on the respective parcels, as is further set forth
in this Appendix 1.
5. Buildings on the 800 Parcel and 820 Parcel will be designed to be functional, neat,
and attractive. The design will include varied materials, colors, articulated surfaces or other
means in order to avoid unbroken expanses of siding with no aesthetic value or point of interest.
Landscaping shall conform to or exceed the requirements of the City of Renton Municipal Code.
Pavement design and pavement markings on the airside of the perimeter security fence will
conform to applicable FAA Advisory Circular requirements.
6. Tenant acknowledges that the Renton Municipal Airport Master Plan is currently
being updated (the "Master Plan Update"). Therefore, Tenant agrees that the height and
configuration of any and all buildings and other improvements proposed to be constructed will
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be subject to any restriction(s) caused by existing landing, runway, or taxiway requirements of
the Airport as indicated in the Airport Master Plan and other public planning documents available
to Tenant at the time of execution of the Lease, or as amended in the Master Plan Update.
7. Tenant will follow the following design approval process for the 800 Parcel
Improvements and for the 820 Parcel Improvements:
7.a. Before beginning design, Tenant will consult with the Public Works Administrator,
or designee, regarding the type of proposed building(s), landscaping and other improvements,
the Tenant’s general approach to the design, and the Parcel Improvement Plan, as described
below; and
7.b. Before submitting applications for land use permits to the City, Tenant will present
a design proposal to the Transportation/Aviation Committee of the Renton City Council
consisting of sketches, color renderings, material selection boards, other means of conveying the
design approach and intent, and a summary or visual of intended functions for interior building
space. Land use permit applications will not be accepted by the City until the Renton City Council
has issued written approval of Tenant’s design proposal, and no land use application will be
accepted by the City unless it is consistent with the approved design proposal; and
7.c. Before submitting applications for building permits to the City, Tenant will provide
the City’s Public Works Administrator, or designee, with preliminary construction documents for
review. Building permit applications will not be accepted by the City until the City’s Public Works
Administrator, or designee, has confirmed in writing that the preliminary construction
documents are consistent with the Renton City Council’s approved design proposal. If the City’s
Public Works Administrator, or designee, determines that the preliminary construction
documents are not consistent with the Renton City Council’s approved design proposal, no
building application will be accepted by the City until the Tenant revises the preliminary
construction documents or obtains design change approval from the Renton City Council; and
7.d. No building permit will be issued by the City until and unless the City’s Public
Works Administrator, or designee, has confirmed in writing that the permit documents are
consistent with the Renton City Council’s approved design proposal. If the City’s Public Works
Administrator, or designee, determines that the permit documents are not consistent with the
Renton City Council’s approved design proposal, then prior to building permit issuance Tenant
will revise the permit documents or obtain design change approval from the Renton City Council;
and
7.e. The primary intent of Subsections 7.a. through 7.d., above, is that the 800 Parcel
Improvements and 820 Parcel Improvements be visually and functionally consistent with a design
approved by the Renton City Council. After the Renton City Council has approved Tenant’s design
proposal, any subsequent proposed material alterations will require a new presentation to the
Transportation/Aviation Committee and a new approval decision by the Renton City Council.
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8. For the 800 Parcel Improvements and for the 820 Parcel Improvements, Tenant’s
permit application(s) to the City will be accompanied by a “Parcel Improvement Plan” depicting
all proposed and anticipated future improvements to the leasehold parcel, which must make
accommodation for:
8.a. All parking areas for tenant and customer land vehicles to insure they are located
outside the perimeter security fence; and
8.b. An unbroken security perimeter between the security fence and the building(s) to
prevent unauthorized access to the airside; and
8.c. Adequate space for land vehicle parking outside the perimeter fence and aircraft
parking on the apron on the airside. The buildings(s) shall be sized and situated to allow such
adequate space; and;
8.d. Height and configuration to avoid interfering with landing, runway, and taxiway
requirements of the Airport.
Tenant will obtain from the City written approval of the Parcel Improvement Plan for the 800
Parcel Improvements prior to constructing permanent improvements on the 800 Parcel. Tenant
will obtain from the City written approval of the Parcel Improvement Plan for the 820 Parcel
Improvements prior to constructing permanent improvements on the 820 Parcel.
9. Tenant agrees that the Term of the Lease, LAG 19-______, Section 3, is contingent on the
Tenant meeting all schedule milestones (subject to Section 9d below) as follows:
9.a. If Tenant does not meet all of the schedule milestones for the 820 Parcel
Improvements in Subsection 10.b. of this Appendix 1, the following will automatically apply and
supersede any conflicting term or condition in LAG 19-_____, Section 3: The Lease Term will
expire on February 28, 2022 or six (6) months from the date of the failure to meet a milestone,
whichever is later.
9.b. If Tenant does not complete all 800 Parcel Improvements within 18 months of the
800 Parcel Construction Date (as defined below, the following will automatically apply and
supersede any conflicting term or condition in LAG 19-_____, Section 3: Tenant and Landloard
will as soon as practicable amend the Lease to remove the 800 Parcel from the Lease by removing
it from the definition of the term Premises and making all other related amendments to the
Lease, and Tenant agrees to restore the 800 Parcel to as good or better condition than at the
Commencement Date.
9.c. If Tenant timely meets all of the schedule milestones for both the 800 Parcel
Improvements and the 820 Parcel improvements as set forth in Section 10 of this Appendix 1,
the following will automatically apply and supersede any conflicting term or condition in LAG 19-
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_____, Section 3: The Lease Term is extended an additional ten (10) years beyond the original
30-year term such that it expires on May 31, 2059.
9.d. Notwithstanding anything in this Appendix 1 to the contrary, the parties agree
that if it appears a milestone will not be met despite the good faith efforts of Tenant, the parties
will enter into good faith discussions with the goal of modifying the milestone to an attainable
date. If agreement is not reached before the milestone in question passes, the milestone is
deemed not met. Further, if any milestone will not be met as a result of a delay on the part of
Landlord or its agents (including airport staff), the parties shall modify the milestone to an
attainable date.
10. Schedule Milestones.
10.a. Schedule Milestones for the 800 Parcel Improvements.
10.a.(1). Milestone #1 - Tenant will submit a complete permit application for the
demolitions portion of the 800 Parcel Improvements no later than December 1, 2029, and shall
complete demolition no later than April 1, 2030. (The date that the City determines that
demolition is complete is the “Demolition Date.”)
10.a.(2). Milestone #2 - Tenant will submit a complete permit application for the
construction portions of the 800 Parcel Improvements to the City’s Department of Community
and Economic Development (“CED”) no later than December 1, 2029.
10.a.(3). Milestone #3 - Tenant will commence construction no sooner than June 1, 2020
and no later than June 1, 2030. (The date that construction commences is the “800 Parcel
Construction Date.”) Tenant shall notify the City of the 800 Parcel Construction Date.
10.a.(4). Milestone #4 - Tenant will complete all 800 Parcel Improvements within 18
months after the 800 Parcel Construction Date.
10.b. Schedule Milestones for the 820 Parcel Improvements.
10.b.(1). Milestone #1 - Tenant will submit a complete permit application for the 820
Parcel Improvements to CED no later than December 1, 2019.
10.b.(2). Milestone #2 - Tenant will commence construction no sooner than June 1, 2019
and no later than February 29, 2020. (The date that construction commences is the “820 Parcel
Construction Date.”) Tenant shall notify the City of the 820 Parcel Construction Date.
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10.b.(3). Milestone #3 - Tenant will complete all 820 Parcel Improvements within 18
months after the 820 Parcel Construction Date.
11. Tenant will, at the time of submitting its complete permit applications for the 800
Parcel Improvements and the 820 Parcel Improvements, respectively, submit to the Airport
Manager a critical path construction schedule for any and all buildings and other improvements
to be constructed on the parcels.
12. Tenant will cause the 800 Parcel Improvements and the 820 Parcel Improvements
to be performed by licensed and bonded contractors, approved by the City, and the contractors
will provide, if required by the City, a performance bond covering all work.
13. Tenant will be fully responsible for all demolition and construction and all activities
incidental thereto. Tenant is not an agent or employee of the City and undertakes any activity
hereunder solely on its own behalf. All risks of loss arising from Tenant's work under this
Appendix 1 will rest on Tenant.
14. Tenant will pay all costs of grading, constructing, paving, and all other
development costs, including all permits, within the Premises and costs of utility installation,
relocation, or removal required by the construction and its use and occupancy of the Premises.
All excavated soils will be removed and disposed of at an approved off-site location. All backfill
material will be imported material and the type and quality of the material will be approved by
the Airport engineer.
15. All work and material will be of good quality, free of defects, and accomplished in
a workmanlike manner in conformity with approved plans and specifications. All work will be
performed in a safe manner both on the Premises and with respect to any other City property at
the Airport which might be used or affected by any activity of the Tenant during demolition,
construction, and incidental activities. The work will be performed so as not to interfere with the
use of other Airport by the City, its other tenants, or other users of the Airport. Tenant will keep
the Premises, and any other Airport property, free of waste materials and rubbish caused by the
demolition, construction, and incidental activities. Material and/or equipment will not be placed
or stored upon Airport property other than the Premises.
16. Work and/or material not in accord with this Appendix 1, will be promptly
corrected, removed, replaced, and/or repaired at the Tenant's expense upon written notice by
the Airport Manager or other City representative. If such work and/or material is/are not so
corrected, removed, replaced, and/or repaired by the Tenant promptly after such notice, the City
may, at its choice, correct, remove, replace, and/or repair such work and/or material at the
Tenant’s expense. This is a material provision of the Lease, LAG 19-_____, violation of which will
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be a material breach of the Lease, for which Landlord may terminate the Lease without further
notice.
17. The City will not be liable for any damages in connection with the approval or
disapproval of any plans and specifications or any demolition, construction, or other activities of
Tenant or anyone acting on Tenant’s behalf on the Premises, or the enforcement or failure to
enforce any provisions of the Lease. The City's approval of plans and specifications will not
constitute the assumption of any responsibility by the City or its representatives of the accuracy,
efficiency, or sufficiency thereof, and Tenant will be solely responsible therefore.
18. Upon completion of construction, Tenant will provide to CED a reproducible, CAD
format copy of all as-built drawings for all building and utilities on the 800 Parcel and the 820
Parcel.
END OF APPENDIX 1
AGENDA ITEM #4. a)
H:\File Sys\AIR - Airport, Transportation Services Division\03 Projects\Contract Approvals\Memo to Mayor - Master
Plan Alternative 5
PUBLIC WORKS DEPARTMENT
M E M O R A N D U M
DATE:January 24, 2019
TO:Don Persson, Council President
Members of Renton City Council
VIA:Denis Law, Mayor
FROM:Gregg Zimmerman, Public Works Administrator
STAFF CONTACT:Harry Barrett Jr, Airport Manager
SUBJECT:Airport Master Plan Open House Citizen Comments
On January 15, the Airport provided a second public open house for residents and
businesses to discuss the airside alternatives of the Airport Master Plan. This public
open house was held at the request of the City Council, following the Council meeting of
December 3, 2018. An initial public open house was held on October 17, 2018, at the
Kennydale Memorial Hall.
The intent of the meeting was to assure the City Council that the appropriate level of
public outreach had been met; and provide the following information to the public:
- Present the three airside alternatives under consideration
- Present Airside Alternative 5 as the staff recommended alternative to the City
Council
- Solicit feedback from the Renton community for the City Council
The public meeting sign-in sheet shows eighty-six people in attendance, however, a
headcount taken by Airport staff indicate there were up to 103 in attendance. The staff
solicited feedback via comment cards at the meeting, and many of the individuals in
attendance voiced their concerns verbally to the staff. Of the concerns discussed, the
following themes were prevalent:
1. Proper land use and zoning surrounding the Airport
2. The potential devaluation of residential and commercial properties
3. Methodologies for property acquisition
4. Need for planning for, and satisfying long-term future demand
5. Timeline of project
6. Lack of disclosure by City departments regarding impacts
The Airport has included comments from both the open houses and the Airport Advisory
Committee comments solicited during committee meetings.
AGENDA ITEM #5. a)
Don Persson, City Council President
Page 2 of 2
January 24, 2019
H:\File Sys\AIR - Airport, Transportation Services Division\03 Projects\Contract Approvals\Memo to Mayor - Master
Plan Alternative 5
In addition, the City received four comments by e-mail, which are attached. Several of
the commenters made recommendations regarding the preferred airside alternative for
the Airport Master Plan. A tally of these recommendations follows:
Preferred Alternative #4, South Shift: 2 recommendations
Preferred Alternative #5, North Shift, EMAS both ends: 6 recommendations
Preferred Alternative #6, EMAS north end, graded runway safety area south
end: 1 recommendation
With this additional information in hand, the Public Works Department staff
recommendation is that the City Council approve Airside Alternative 5 as the preferred
alternative for the Airport Master Plan.
AGENDA ITEM #5. a)
1
Renton Airport Master Plan
Open House Summary
DRAFT 10/19/2018
OVERVIEW
The City of Renton held an informational open house on Wednesday, October 17, 2018 to speak with
stakeholders about the narrowed airfield alternatives under consideration for the Renton Airport
Master Plan (alternatives 4, 5, and 6). Approximately 20 people attended the meeting to learn about the
project and speak with the project team. Goals for the open house included to share information on the
Master Plan and alternatives, help attendees understand potential impacts, and provide an opportunity
to ask questions and provide comments.
Notifications were distributed to 141 site and property owner addresses, as well as 148 email addresses,
comprised of airport tenant/leaseholds, Renton Airport Advisory Committee (RAAC) members and
interested community members who have signed-up for project email notifications.
WHAT WE HEARD
The following themes summarize the primary concerns and considerations heard during the open house
and one-on-one conversations. Key takeaways include:
Alternative Elements and Land Use
Questions about whether on-airport businesses will be impacted by the planning/construction
process, how hangar demolition could affect the project and whether there will be
displacement.
Questions about where and why Airport Way would be relocated.
Questions about what happens to any land acquired inside of the relocated Airport Way, and
redevelopment opportunities such as aircraft parking and hangars, or Boeing aircraft parking.
Concerns about the lack of aircraft parking without additional developable land.
Concerns about subsidizing the Boeing Company (or any private business) and allowing a private
company to drive the development of the airport.
Questions about Boeing’s role in driving new safety area requirements, and the effect on
requirements/alternatives if they were not operating at the airfield.
Suggestion to move safety areas to the south to gain more ramp space for Boeing or other
tenants.
Suggestion to acquire the trailer park area adjacent to the seaplane dock and park.
Questions about seaplane activities and impacts and clarification that the seaplane facilities will
be relocated but not closed.
Concerns about the location of the seaplane ramp and the new Runway Object Free Area (ROFA)
line.
Interest in technical aspects of Engineered Material Arresting System (EMAS), such as whether it
can be walked on and how animals could impact it.
Questions about how these improvements will be paid for.
AGENDA ITEM #5. b)
2
Community & Environmental Impacts
Concern from property owners in the Runway Protection Zone (RPZ)/Runway Safety Area (RSA)
areas about how the project impacts them now and in the future:
o High interest in details around the acquisition process and schedule.
o Concerns about the timing of decisions on alternatives and uncertainty for property
owners.
o Ability of property owners to sell or develop their properties if slated for acquisition.
o Questions about the process for estimating fair market value of land to be acquired and
if the cost estimates include inflation.
Stated preference by several South Renton property owners for options that do not relocate
Airport Way.
Concerns about the potential displacement of low-income apartment complex under
construction at 2nd South and Whitworth.
Questions about whether any of the proposed improvements create increased noise for the
community, or if there will be increases in operations/changes to operations.
Questions about environmental impacts to Lake Washington and Cedar River.
Concerns about the complexity of the environmental permitting process.
Questions about Renton High School and ball field impacts and clarification that the three
preferred alternatives do not change Renton High School or the ball fields in any way.
Questions about the location of new ball fields, should they need to be relocated.
Project Schedule & Process
Confusion around the difference between the NEPA EIS process and WA SEPA EIS process.
Clarification that there will be additional opportunity for public input following the EIS process.
Questions about the timing of acquisition and clarification that the process is still years out.
Questions about next steps for selecting a preferred alternative and cost analysis.
Concerns about short notification period for the public meeting and notification of the RAAC
meeting.
Concerns about the ability of airport neighbors to provide comments before to decisions being
made.
Interest in ongoing communication with the community as these projects commence.
AGENDA ITEM #5. b)
Public Comments Received
Airport Master Plan Open House
Tuesday, January 15, 2019
Nahesh Parrisetti | Affiliation: Self | Email: naheshp@outlook.com
“We Bought a property on Airport Way that closed on Dec. 14th. City did not inform us
in due diligence pre-app package about potential impact to the property. All alternatives
will impact our property.”
Jana Tobacco | Property Owner | tjtobac@comcast.net 425-255-7720
“I own a building @ 216 S Tobin, Renton, which is in the ‘purple’ section of the map
indicating it will most likely be taken for airport expansion. My building is a rental
property. Does my property value include an increase in value because it is a rental
income property?”
Lorri L. Goddard | Self/Resident | texaslg7zq@yahoo.com 214-455-1466
“Thank you for Open House— 4 or 6. Too much investment not to plan for the future.”
Mike Katsamaas | Unknown | lowerednjuiced@aol.com
“Go north, leave the south end how it is. Build an extension into Lake Washington the
same way Venice in Italy was built.”
Unknown | Unknown | Unknown
“I vote for Option 4”
Unknown| Unknown |Unknown
“I vote for Option 4 or 6.”
Mary Little | Unknown | Unknown
“I think it is better to only build in to the lake rather than take away Airport Way.”
AGENDA ITEM #5. c)
Reid Heimbeck | Resident, President of Tiffany Park Neighborhood Assn. |
reid.heimbeck@gmail.com
“We are in favor of Alternative #5. Biggest concerns are: Environmental impact,
especially to Cedar River. Any addition noise from increase in airport usage or change of
standard flight plans. Any tax increase to fund this project, Health and safety of City
residents. Thank you for holding this community event. RH”
Gloria Peters | Unknown | petersgloria@hotmail.com
“This should have been a sit-down meeting w/ the presenters explaining and answering
questions!”
Sue Dahlberg | Unknown |sweat@msn.com
“I was disappointed that the presentation was not a sit down with explanation of
options, then Q&A time. Also, I think that the residents of all Renton should have been
invited, not just the airport surrounding area as the planes effect us all living here.”
Ira Sacharoff | Renton Resident | sacharoff@gmail.com
“Alternative two is crazy. Closing Airport Way would have a bad impact on the
community and environmentally would increase traffic, and would adversely affect the
high school. Alternative five seems to be the least intrusive, and should be the preferred
alternative.
AGENDA ITEM #5. c)
GreggA.ZimmermanFrom:JuliaMedzegianSent:Friday,December14,20187:52AMTo:GreggA.Zimmerman;HarryBarrettJr.;JimSeitz;JasonSethCc:LindaMoschettiSubject:FW:PreferredAirsideAlternativeCommentsJuliaMedzegianCityCouncilLiaisonatCityofRenton1055S.GradyWay,RentonWA98057jmedzegian@rentonwa.gov425.430.6501StatelawprovidesthatallcorrespondencetotheCouncil(byanymeans,includingemail)isapublicrecord.Anycorrespondencerelatingtocitybusiness,byanymemberofthepublic,willbedisclosedtoanypersonwhomakesarequest,unlessexemptfromdisclosureunderstatelaw.OriginalMessageFrom:ScottHowell[mailto:showell@niius.com]Sent:Thursday,December13,20188:13PMTo:Council<Council@Rentonwa.gov>Subject:PreferredAirsideAlternativeCommentsDearCouncilMembers,IwelcomethisopportunitytocommentontheAirportplans.AsaprivatepilotwithaplanehangaredattheLaneHangars,aRentonresidentandapropertyownerimmediatelysouthoftherunway(TillicumStreetLLC),Ifeeluniquelyqualifiedasastakeholderinthisdiscussion.WithallduerespecttotheenvironmentalandpermittingchallengesassociatedwithextendingtherunwaytotheNorth,thereisnoquestioninmyminditistheleastdisruptiveandsafestalternativeunderthediscussion.Isincerelyhopethisinputisheard.VeryTrulyYours,R.ScottHowell2827MountainViewAveN.1AGENDA ITEM #5. d)
GreggA.ZimmermanFrom:JuliaMedzegianSent:Monday,December17,20187:18AMTo:GreggA.Zimmerman;JimSeitz;HarryBarrettJr.Cc:JasonSethSubject:FW:PreferredAirsideAlternativeCommentsfyiJuliaMedzegianCityCouncilLiaisonatCityofRenton1055S.GradyWay,RentonWA98057jmedzegian@rentonwa.gov425.430.6501uwprnvsr’,rhaiallcorresfuinOin0iiinrniibydnyresins,niJudrnrnrrrl)isapriblirrrurd.nyLilt,purrrli-rrierfilmytntyhmjm•,,byanyirtmfmm’r(itlImOpubisrULuii.k’surfIndrypLm:Jrmwhomakesquest,miniiii’’rip1frirnlistlosmiridirIitt’lrw.From:CohnWalker[mailto:colin@colinwalker.org]Sent:Sunday,December16,20189:29PMTo:Council<Council@Rentonwa.gov>Subject:PreferredAirsideAlternativeCornmentsCouncilmembers,IrecentlyreadabouttheRentonAirportmasterplanningprocessandtooksometimetoreadthroughthevariousoptionsbeingproposedfortheairportairsidealternatives.ThereareseveralkeyareasthatIseeasbeingimportantasCouncilevaluatesthevariousoptions:•TheproposedimprovementstopublicinfrastructureandopenspaceinDowntownRentonthatIlearnedaboutwhileservingontheParksCACwillbetransformative.Theproximityoftheairporttoanypotentialchangestocivil/transportationinfrastructureintheareacertainlyneedtobeconsideredinthecontextoffutureimprovementsinthedowntowncore.•Rentonhassignificantbudgetconstraints.WhileIknowthatairportimprovementsareintendedtobefundedbyairportoperations,landacquisition,planninganddevelopmentallrequiretheattentionofCouncil,cityadministration,andstaffthroughouttheorganization.OnethingthathasbecomeclearduringthedevelopmentofthepastthreeorfourbiennialbudgetsisthatRenton’sstaffisstretchedextremelythin,soitwouldbehelpfulforalternativestobeevaluatedbasedonstaffimpact.•TheintersectionatRainierandAirportWayisbusy.AirportWayisbusy.ItwouldbehelpfulforalternativestobereviewedwhichminimizetheimpacttoAirportWay.I’mnotanexpertinairportmasterplanning,norhaveIreadthedocumentsindepth,butAlternative5seemstohavethefewestfiscalandinfrastructureimpactswhilemeetingthesafetygoals.I’mahugeproponentofaddingEMASmaterialstobothendsoftherunway(youcanseehowwellitworkedwitha737withtherecentSouthwestrunwayexcursion)asitprovidesavaluableincreaseinsafety.1AGENDA ITEM #5. d)
encourageCounciltoselectanoptionthatminimizestheamountofprivateand/orschooldistrictpropertythathastobeacquired,eliminatestheneedforrelocationofAirportWay,andmeetsallofthesafetygoalswithinthemandatessetbytheFAA.ThankyouallforyourcontinuedservicetoRentonanditsresidents!CohnWalker2AGENDA ITEM #5. d)
GreggA.ZimmermanFrom:JuliaMedzegianSent:Friday,December28,20187:08AMTo:GreggA.ZimmermanCc:JimSeitz;HarryBarrettJr.;LindaMoschetti;RobertHarrison;JasonSethSubject:FW:PreferredAirsideAlternativeCommentsfyiJuliaMedzegianCityCouncilLiaisonatCityofRenton1055S.GradyWay,RentonWA98057jmedzegian@rentonwa.gov425.430.6501dymylimo-ins,includingyrnail)isapublicrwmymomimmoftis:public,willbedisclosedtoanyidoraIFrom:Tim&DawnAbrahamson[mailto:timdawnabraharnson@yahoo.com]Sent:Thursday,December27,20189:04PMTo:Council<Council@Rentonwa.gov>Subject:PreferredAirsideAlternativeCornmentsHiCouncil,Anyoftheplansworkformebutcanwealsoworkinapedestrianbridgeorunderpassofsometypesothehighschoolkidscaneasilyaccessanyschooleducationalandsportsareaswithouthavingtorisktheirlivescrossingaroadandstoppingandeverincreasingtrafficload.I’vedriventhatrouteforyearsduringmycommuteandalwaysfeltthefootballplayersandtrackkidsarereallyatriskofgettinghitwhencrossingontheirwaytothestadium.Justathought.Tim&DawnAbrahamson8027S.134thSSeattleWA981781AGENDA ITEM #5. d)
GreggA.ZimmermanFrom:HarryBarrettJr.Sent:Wednesday,December19,201810:34AMTo:GreggA.Zimmerman;JimSeitzSubject:FW:FollowuponamailersentoutHiGregg,Bywayofadditionalinformation—IhadCaseylookintowhetherornotwe’dmissedMr.Burkheimerinournotifications.PleaseseetheresponsefromRyanOrthbelow.From:CaseyBoatmanSent:Wednesday,December19,201810:32AMTo:‘RyanOrth’<rorth@enviroissues.com>Cc:HarryBarrettJr.<HBarrett@Rentonwa.gov>Subject:RE:FollowuponamailersentoutThanksRyan.Harry,FYI.CaseyFrom:RyanOrth[mailto:rorth@enviroissues.com]Sent:Wednesday,December19,201810:20AMTo:CaseyBoatman<CBoatmanRentonwa.gov>Subject:RE:FollowuponamailersentoutHiCasey-Ourrecordsindicatethatamailerwassentbothtotheparcelsiteaddress,95AirportWayandtothetaxpayeraddress1326Avep708(Seattle).Neitheroftheselettersaremarkedasonesthatbouncedbacktous.-RyanRyanOrth/Envirolssuesd:206.922.6273/C:206.779.6784From:CaseyBoatman<CBoatmanRentonwa.gov>Sent:Wednesday,December19,20189:49AMTo:RyanOrth<rorth@enviroissues.com>Subject:FollowuponamailersentoutHiRyanWehaveadisgruntledstakeholderthatsayshewasnevernotifiedabouttheOpenHouse.Areyouabletocheckthedatabaseandseeifhewaseversentamailer,andsecondlyseeifitisoneofthemthatcameback?BobBerkheimer64RainierAveS.AirportPlazaHopealliswellwithyou.Thanks,Casey1AGENDA ITEM #5. d)
GreggA.ZimmermanFrom:HarryBarrettJr.Sent:Thursday,December20,20181:21PMTo:GreggA.ZimmermanCc:JimSeitz;JasonAnderson;RobertHarrison;JuliaMedzegianSubject:RE:RentonAirportExpansionJustanupdate—IspokewithMr.Burkheimerbrieflythismorning.He’sadvisedmethatheisoutoftheareaandwon’tbebackuntilApril.I’vescheduledaconferencecallwithhimonThursday12/27towalkhimthroughtheMasterPlan.Ialsopointedhimtothemasterplanwebsiteaheadofthatdiscussion-he’dbeenunawarethattheproductofourworkwaspostedthere.HBFrom:HarryBarrettJr.Sent:Wednesday,December19,20189:37AMTo:GreggA.Zimmerman<GzimmermanRentonwa.gov>Cc:JimSeitz<JSeitz@Rentonwa.gov>;JasonAnderson<JTAnderson@Rentonwa.gov>;RobertHarrison<RHarrison@Rentonwa.gov>;JuliaMedzegian<Jmedzegian@Rentonwa.gov>Subject:RE:RentonAirportExpansionSure,wecanarrangethat...Mr.BurkheimerwouldhavebeenincludedinthemailerswesenttoallthepropertiessouthoftheairportinSeptemberwhenwecoordinatedtheOctoberopen-house.Idon’trecallanythingcomingbackundelivered—butperhapsitwasmissedatsomepoint?Anyway,we’llmakeithappen.HBFrom:GreggA.ZimmermanSent:Wednesday,December19,20189:24AMTo:HarryBarrettJr.<HBarrett@Rentonwa.gov>Cc:JimSeitz<JSeitzRentonwa.gov>;JasonAnderson<JTAnderson@Rentonwa.gov>;RobertHarrison<RHarrison@Rentonwa.gov>;JuliaMedzegian<JmedzegianRentonwa.gov>Subject:FW:RentonAirportExpansionHarry,pleaseseethemessagebelow.I’dliketheairporttosetupameetingwithMr.Burkheimertodiscusstheairportairsidelayoutoptions,timelines,andanypotentialimpactstohispropertiesundertheoptionsbeingconsidered.Thanks.GreggGreggA.Zimmerman,P.E.CityofRentonPublicWorksDepartmentAdministrator1055SouthGradyWay,5FloorRenton,WA98057Phone:(425)430-7394Fax:(425)430-72411AGENDA ITEM #5. d)
c-mail:gzimmerman1rentonwa.govFrom:JuliaMedzegianSent:Wednesday,December19,20189:20AMTo:RobertHarrison<RHarrisonRentonwa.gov>Cc:ShaneMoloney<SMoIoneyRentonwa.gov>;GreggA.Zimmerman<GzimmermanRentonwa.gov>Subject:FW:RentonAirportExpansionBob(withabctocouncil),FYI,notsureatwhatpointtheseconversationsshouldbehadbutIwantedyoutoknowaboutthisrequestanddecidewhoyouwanttogivehimacall.JuliaJuliaMedzegianCityCouncilLiaisonatCityofRenton1055S.GradyWay,RentonWA98057jmedzegian@rentonwa.gov425.430.6501Stdtprii’vo’soriiilirrretHilunt(bymyn-ins,niIiiijin;omuil)sapub)ri-inH.--nyc-niospioderri-Litinptoi-nybuonosstrymynrc-nh-itI-piibhiwflhi—disc)osndtomypc-rsri-ntnikn.r’iucstrHo,n-rOtfromdiisuliundost,)tI-From:BobBurkheimer[mailto:bobb@burkheimermgmt.com]Sent:Wednesday,December19,20189:07AMTo:Council<Council@Rentonwa.gov>Subject:RentonAirportExpansionDearCouncilmembersIwasrecentlyprovidedandarticlefromthenewspaperindicatingthatthereisapossibleplanbeingconsideredbytheCityCouncilandtheAirportAdvisoryboardtoextendtheairportacrossAirportWayanddisplacecurrentbusinessesandpropertyowners.IamtheownerofAirportPlaza(64RainierAveSouth).ObviuoslythishascausedconcernonbehalfofmanyofmytenantsTodateIhavehearsNOTHINGofthepossibility.Ihavereceivednoticesthatperhapstheymaybeingrevisingthe“Airspace“butnothingoftakingofproperty.IwouldappreciatearepresentativeoftheAirportandCityreachingoutometodiscusstheirproposalWarmRegardsRobertBBurkheimer206-972-88202AGENDA ITEM #5. d)