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HomeMy WebLinkAboutCouncil 05/05/2008 0 AGENDA RENTON CITY COUNCIL • REGULAR MEETING May 5, 2008 Monday, 7 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. SPECIAL PRESENTATION: Photo Enforcement 4. PUBLIC HEARING: Renaming as "Seahawks Way," an approximately 1,900-foot roadway located between Lake Washington Blvd. N. and the northern property line of the Seahawks' Headquarters and Training Facility 5. APPEAL: Planning & Development Committee Report re: 409 Whitworth Condominiums Site Plan INABILITY OF THE CITY COUNCIL TO TAKE TESTIMONY ON APPEALS DURING THE CITY COUNCIL MEETING State law requires that the City establish a process to handle appeals from application of environmental and developmental rules and regulations. The Renton City Council, feeling it was best for the elected representatives to handle the appeals rather than require citizens to go to court, has retained appellate jurisdiction to itself. •The courts have held that the City Council,while sitting as an appellate body, is acting as a quasi-judicial body and must obey rules of procedure of a court more than that of a political body. By City Code, and by State law,the City Council may not consider new evidence in this appeal. The parties to the appeal have had an opportunity to address their arguments to the Planning & Development Committee of the City Council at a meeting previously held. Because of the court requirements prohibiting the City Council from considering new evidence, and because all parties have had an opportunity to address their concerns to the Planning& Development Committee,the City Council may not consider oral or written testimony at the City Council meeting. The Council understands that this is frustrating to citizens and is outside the normal process of open discourse provided to citizenry during the audience comment portion of the City Council meeting. However,this burden of not allowing the Council to be addressed concerning pending appeals is outweighed by the quick, easy, inexpensive and local appeal process provided by the Renton City Council. 6. ADMINISTRATIVE REPORT 7. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to the podium and state your name and city of residence for the record, SPELLING YOUR LAST NAME. 8. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the • recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of 4/28/2008. Council concur. (CONTINUED ON REVERSE SIDE) b. Court Case filed on behalf of Thomas McGurn and Joan McGurn by Sheffield & Associates, who seek compensation for injury and peinianent disability sustained by Thomas McGurn on 4/19/2005 when a vehicle operated by a Police Department employee allegedly failed to stop at a • stop sign and ran into the side of his vehicle. Refer to City Attorney and Insurance Services. c. Development Services Division recommends acceptance of a deed of dedication for additional right-of-way on N. 42nd Pl. to fulfill a requirement of the Barbee Mill Preliminary Plat (PP-02- 040). Council concur. d. Finance and Information Services Department recommends approval of a resolution updating signature authorities for depositories and electronic fund transfers for the City, due to personnel changes. Council concur. (See 10.a. for resolution.) e. Transportation Systems Division recommends approval of a contract in the amount of$106,275 with WHPacific, Inc. for engineering services related to the demolition of the 820 Building at the Airport. Refer to Transportation (Aviation) Committee. f. Transportation Systems Division recommends approval to accept a $73,102 Federal Aviation Administration grant for the design of the Runway 15/33 Resurfacing Phase II project at the Airport. Council concur. (See 10.b. for resolution.) g. City Clerk reports bid opening on 4/25/2008 for CAG-08-039, Community Center Gym Floor Replacement; one bid; engineer's estimate $160,000; and submits staff recommendation to award the contract to the sole bidder, Greater Seattle Floors, in the amount of$154,498.78. Refer to Finance Committee. 9. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a. Community Services Committee: Park Rules and Regulations Revisions* b. Planning & Development Committee: City Code Title IV (Development Regulations) Docket Item re: Wireless Regulations* c. Public Safety Committee: International Fire Code Adoption • d. Transportation (Aviation) Committee: Naming Seahawks Way e. Utilities Committee: Highlands Water Main Improvements Special Assessment District; Agreement with Harrington Square for Highlands Water Main Improvements Cost Sharing 10. RESOLUTIONS AND ORDINANCES Resolutions a. Updating signatures for banking transactions (see 8.d.) b. Accepting FAA grant for Runway 15/33 Resurfacing Phase II project (see 8.f.) c. Park Rules and Regulations amendments (see 9.a.) Ordinance for first reading: Wireless regulations amendments (see 9.b.) Ordinances for second and final reading: a. Approving the New Life - Aqua Barn Annexation (1st reading 4/28/08) b. CA zoning for the New Life - Aqua Barn Annexation area; 3.062 acres (1st reading 4/28/08) c. RC zoning for the New Life - Aqua Barn Annexation area; 109.35 acres (1st reading 4/28/08) d. RMH zoning for the New Life - Aqua Barn Annexation area 26.79 acres (1st reading 4/28/08) e. R-4 zoning for the New Life - Aqua Barn Annexation area; 95.20 acres (1st reading 4/28/08) f. R-8 zoning for the New Life - Aqua Barn Annexation area; 12.10 acres (1st reading 4/28/08) g. R-14 zoning for the New Life - Aqua Barn Annexation area; 69.35 acres (1st reading 4/28/08) h. 2008 Budget amendment for information technology projects (1st reading 4/28/08) 11. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded • information.) 12. AUDIENCE COMMENT 13. ADJOURNMENT (CONTINUED ON NEXT PAGE) • COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) Council Conference Room 5:30 p.m. Emerging Issues - Regional Updates; Hendrix House Update; Museum Master Plan Update • • • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • . CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE-CABLECAST TUES.&THURS.AT 11 AM&9 PM,WED.&FRI.AT 9 AM&7 PM AND SAT.&SUN.AT 1 PM&9 PM 1 RENTON CITY COUNCIL Regular Meeting May 5, 2008 Council Chambers Monday, 7 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Denis Law called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF MARCIE PALMER, Council President; RANDY CORMAN; GREG COUNCILMEMBERS TAYLOR; RICH ZWICKER; TERRI BRIERE; DON PERSSON. MOVED BY PALMER, SECONDED BY ZWICKER, COUNCIL EXCUSE ABSENT COUNCILMEMBER KING PARKER. CARRIED. CITY STAFF IN DENIS LAW, Mayor; JAY COVINGTON, Chief Administrative Officer; ATTENDANCE LAWRENCE J. WARREN, City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Public Works Administrator; TERRY HIGASHIYAMA, Community Services Administrator; PREETI SHRIDHAR, Communications Director; SUZANNE DALE ESTEY, Economic Development Director; JOE MCGUIRE, Court Services Director; FIRE CHIEF/EMERGENCY SERVICES ADMINISTRATOR I. DAVID DANIELS and DEPUTY CHIEF ROBERT VAN HORNE, Fire Department; CHIEF KEVIN MILOSEVICH and COMMANDER KENT CURRY,Police Department. SPECIAL PRESENTATION Commander Curry reported on the new Photo Enforcement Program. He Police: Red Light School Zone explained that RCW 46.63.170 allows the use of automated traffic safety Photo Enforcement Program cameras at railroad crossings, school speed zones, and two-arterial intersections, but strict rules must be followed, including: pictures are taken only while the violation is occurring and only of the vehicle and vehicle license plate; the notice of infraction is mailed to the registered owner within 14 days and the photographs and electronic images must be available for inspection; electronic images are used only for law enforcement; and all camera locations must be clearly marked by signs. Commander Curry reviewed the benefits of the program, which include reducing intersection collisions,providing substantive proof of red light violations, avoiding profiling, and freeing officers for other important duties. He indicated that the program costs are covered by the violators. Commander Curry stated that the photo enforcement of intersections, for which the warning period began May 1 and enforcement begins June 1, includes the following: • westbound S. Grady Way at Rainier Ave. S., southbound East Valley Rd. at SW 43rd St., southbound Sunset Blvd. S. at Bronson Way S., and westbound N. 3rd St. at Sunset Blvd. N. Turning to the photo enforcement of school zones, Commander Curry indicated that the equipment is still being installed and should be up and running in approximately 30 days. The school zones include Renton High School, McKnight Middle School, and Talbot Hill Elementary. In response to Council inquiries regarding school zones,Commander Curry explained that signage marks each school zone and he assured that the schools' current schedules will be programmed into the system. Councilmember Taylor stressed the public safety benefits of the Photo Enforcement Program. PUBLIC HEARING This being the date set and proper notices having been posted and published in Streets: Seahawks Way accordance with local and State laws, Mayor Law opened the public hearing to Naming consider renaming as "Seahawks Way," an approximately 1,900-foot roadway 4 May 5,2008 Renton City Council Minutes Page 148 located between Lake Washington Blvd. N. and the northern property line of the Virginia Mason Athletic Center(Seattle Seahawks' Headquarters and Training Facility). Economic Development Director Dale Estey reported that the Seattle Seahawks requested the renaming of the roadway, which is currently known as Ripley Lane, Hazelwood Lane, and Lake Washington Blvd. She pointed out that no other properties will be affected by the new street name except for potentially the Quendall Terminals property, depending on how the property redevelops in the future and where access points are located. Ms. Dale Estey indicated that if approved,dual signage will be installed so that drivers will be directed to the remaining portions of Ripley Lane N. via Seahawks Way. Public comment was invited. Gilla Bachellerie (Renton) stated that although she does not object to the Seahawks Way renaming, she is concerned about the inaccuracies on various public and commercial maps. Ms. Bachellerie pointed out that Hazelwood Lane is blocked off; however, many maps show that it is connected to Ripley Lane, thus resulting in drivers using her driveway off of Ripley Lane to turn around. Eileen Halverson (Renton) stated that she lives in a Misty Cove condominium and objects to the street renaming. She indicated that a split name for such a short section of roadway is confusing for people trying to find residences beyond Ripley Lane. Emphasizing that affected residents have already been and will be greatly impacted by the new facility, Ms. Halverson requested that the name "Ripley Lane" be retained for the entire road. Greg Fawcett(Fall City)pointed out that he owns two parcels of land in the subject area and voiced his favor for the name change. Vicente Farinas (Renton) stated that he is not opposed to the name change; however,he is concerned about the increase in traffic, flooding, and the lack of space for pedestrian and bicycle traffic. Public Works Administrator Zimmerman pointed out that the City just awarded the contract for the fixing of the drainage problems, and just entered into a contract with King County for a gravel walking surface on the east side of Ripley Lane. Gregg Smith (Renton) expressed his opposition to the name change. Since the lane will not only be used to access the Seahawks site but also homes further north on Ripley Lane, he stated that confusion will be created despite the dual signage. There being no further public comment, it was MOVED BY PERSSON, SECONDED BY PALMER, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. (See page 151 for Transportation(Aviation) Committee report.) APPEAL Planning and Development Committee Vice Chair Zwicker presented a report Planning & Development regarding the 409 Whitworth (Condominiums) Site Plan appeals. The Committee Committee heard the matter on 5/1/2008. Pursuant to City Code 4-8-110F, the Appeal: 409 Whitworth Committee's decision and recommendation is limited to the record,which Condominiums Site Plan, consists of,but is not limited to the Hearing Examiner's report, the notice of Various, SA-07-125 appeal, and the submissions by the parties. There were three appellants to this appeal: Harold Deacy, Phyllis Webb, and the applicant, Capital Homes LLC/Chris Cirillo. Mr. Deacy resides on 407 Whitworth Ave. S., which is located directly north and abuts the subject property. Ms. Webb resides at 249 Seneca P1. NW. Ms. Webb did not appear in the hearing held before the Hearing Examiner,but became a party of record May 5, 2008 Renton City Council Minutes Page 149 thereafter. On 4/30/2008, Appellant Deacy sent a letter to the City indicating that he had reached a settlement with Capital Homes to sell his property. He was thus, withdrawing his appeal and now supporting the development. The subject property is located at 409 Whitworth Ave. S., which is zoned Center Downtown (CD). The area surrounding the subject site is all zoned CD, and the CD zoning was put in place in 1992. This project is the first application to submit an application under this new CD zoning which permits a height limitation up to 95 feet. Applicant Capital Homes LLC applied for a site plan approval for construction of a five-story condominium building on a 7,199 square foot lot. The proposed height of the building would be 60 feet and 4 and one-half inches. The Hearing Examiner approved the site plan,but imposed several specific conditions including a requirement to reduce the height to four stories with a maximum height of 48 feet, and to eliminate the proposed rear parking in lieu of open space. Applicant Capital Homes LLC filed an appeal specifically raising error with the Hearing Examiner's conditions#1,#2, and#3, set out in the 2/4/2008 decision on page 15. The basis for Ms. Webb's appeal appeared to be regarding FAA (Federal Aviation Administration)regulations, and concerns regarding the safety of having a building such as this in the vicinity of the Renton Airport. The Committee opened the hearing and heard presentations and argument by Jennifer Henning (City's Current Planning Manager), Ms. Webb, and Justin Park, attorney for Capital Homes LLC. Having done so, the Committee found that there is a substantial error in both fact and law. The Committee further found that Appellant Webb lacks standing to bring this appeal. With respect to Ms. Webb, she does not reside anywhere near the vicinity of the subject site. She did not appear in the open record site plan hearing before the Hearing Examiner. The FAA concerns and issues cited by Ms. Webb were not raised in the hearing, therefore there is no record of this issue. Furthermore, Ms. Webb fails the test set forth in Trepanier v. Everett, 64 Wn. App. 380, 382, 824 P.2d 524 (1992), in that she cannot articulate an "injury in fact" to show how she would be "specifically and perceptively harmed" by the proposed condominium project. As for the Applicant Capital Homes LLC,the proposed project will be consistent with the City's vision and Comprehensive Plan. The project is not out of scale and is reasonably within the confines of the CD zoning and will implement the vision of the City to create a more urban, dense, and higher intensity use in this area. The purpose of the CD zoning is to encourage higher density residential and commercial projects. The applicant should not be penalized for being the first developer to propose a project under this new zoning. To that end, they should not be penalized by being subject to a condition which prohibits them from making any modifications, however minor,without "additional public hearings or a new site plan review." For these reasons, the Committee makes the following recommendations to the City Council: • That the City Council find that the Hearing Examiner made a substantial error of fact in finding that the project was out of scale with the immediate community and therefore not compatible; and • That the City Council find that the Hearing Examiner made a substantial error of law in that he overstepped his authority by imposing the restriction set forth in his decision#3 on page 15; and therefore, ti May 5,2008 Renton City Council Minutes Page 150 • Move to approve the Hearing Examiner's decision to approve the site plan, but amend his decision to remove decision conditions#1,#2, and#3 (but otherwise affirm the remaining conditions#4 through#7). MOVED BY ZWICKER, SECONDED BY TAYLOR, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ADMINISTRATIVE Chief Administrative Officer Covington reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2008 and beyond. Items noted included: * On May 19, the Washington State Department of Transportation plans to repair portions of SR-900, specifically along S. 3rd St. from Whitworth Ave. S. to Burnett Ave. S. in the eastbound, far left lane; and along Rainier Ave. S.,between S. 2nd St. and S. 3rd St., at the Pizza Hut in the southbound curb lane. The City, in partnership with the American Red Cross and Renton Technical College, will present a Business Continuity Workshop on May 20. The workshop will provide participants with tools to evaluate risks and pre-plan strategies for economically surviving emergency events. AUDIENCE COMMENT Raymond A. Breeden, Sr. (King County) issued an invitation to an open house Citizen Comment: Breeden - at the Wonderland Estates Mobile Home Park on May 17. He voiced his Wonderland Estates Mobile appreciation to the City for helping to save the mobile home park. Home Park CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of Approval of Council meeting minutes of 4/28/2008. Council concur. 4/28/2008 Court Case: Thomas McGurn Court Case filed on behalf of Thomas McGurn and Joan McGurn by Sheffield &Joan McGurn, CRT-08-005 &Associates,who seek compensation for injury and permanent disability sustained by Thomas McGurn on 4/19/2005 when a vehicle operated by a Police Department employee allegedly failed to stop at a stop sign and ran into the side of his vehicle. Refer to City Attorney and Insurance Services. Development Services: Barbee Development Services Division recommended acceptance of a deed of Mill Preliminary Plat, ROW dedication for additional right-of-way on N. 42nd Pl. to fulfill a requirement of Dedication, N 42nd P1 the Barbee Mill Preliminary Plat(PP-02-040). Council concur. Finance: Signatures for Finance and Information Services Department recommended approval of a Banking Transactions resolution updating signature authorities for depositories and electronic fund transfers for the City, due to personnel changes. Council concur. (See page 152 for resolution.) Airport: 820 Building Transportation Systems Division recommended approval of a contract in the Demolition Design, WHPacific amount of$106,275 with WHPacific, Inc. for engineering services related to the demolition of the 820 Building at the Airport. Refer to Transportation (Aviation) Committee. Airport: Runway 15/33 Transportation Systems Division recommended approval to accept a$73,102 Resurfacing Phase II Design, Federal Aviation Administration grant for the design of the Runway 15/33 FAA Grant Resurfacing Phase II project at the Airport. Council concur. (See page 153 for resolution.) May 5, 2008 Renton City Council Minutes Page 151 CAG: 08-039, Community City Clerk reported bid opening on 4/25/2008 for CAG-08-039, Community Center Gym Floor Center Gym Floor Replacement; one bid; engineer's estimate $160,000; and Replacement, Greater Seattle submitted staff recommendation to award the contract to the sole bidder, Floors Greater Seattle Floors, in the amount of$154,498.78. Refer to Finance Committee. MOVED BY PALMER, SECONDED BY CORMAN, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. UNFINISHED BUSINESS Transportation (Aviation) Committee Chair Corman presented a report Transportation (Aviation) recommending concurrence in the staff recommendation to rename Committee approximately 1,900 feet of roadway adjacent to the new Seattle Seahawks' Streets: Seahawks Way Headquarters and Training Facility to "Seahawks Way," from the intersection Naming with Lake Washington Blvd. to the Seahawks'northern property line. Only certain portions of the streets shall be renamed so as not to affect the Misty Cove Condominiums or any of the other residential properties located on Ripley Lane N. to the north. Conner Homes' Barbee Mill development shall not be impacted. The only property that could potentially be addressed off of Seahawks Way is the Quendal .Terminals property which is currently undergoing environmental remediation through the Environmental Protection Agency's Superfund process. Whether or not this property is affected will depend on how it redevelops in the future and where access points are located. Signage for the new street should be developed so that drivers shall be directed to the remaining portion of Ripley Lane N. via Seahawks Way. New signage shall be installed as soon as possible,but definitely prior to the beginning of the Seahawks'public training camp activities expected to begin in the last week of July 2008.* Councilmember Corman noted that the concerns raised by the public hearing speakers had been discussed by the Committee at its meeting on April 24. *MOVED BY CORMAN, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Public Safety Committee Public Safety Committee Chair Taylor presented a report recommending Fire: 2006 International Fire concurrence in the staff recommendation to set a public hearing on 5/19/2008 to Code Adoption consider amendments to City Code regarding the 2006 International Fire Code adoption. Local amendments address requirements for the following: fire sprinkler systems, fire alarm systems, fire sprinkler riser room access, high-rise emergency equipment rooms, special events permits, automatic external defibrillators, fire escape testing, kitchen hood suppression systems, and stand- by power for service stations,nursing homes, and assisted living facilities. The Committee further recommended that the City loan automatic external defibrillators as required to groups with a special events permit. MOVED BY TAYLOR, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Utilities Committee Utilities Committee Chair Zwicker presented a report recommending Utility: Highlands Water Main concurrence in the staff recommendation to approve the agreement and Improvements, Harrington authorize the Mayor and City Clerk to sign the agreement with Harrington Square Associates Square Associates, LLC for the cost sharing for the construction of the Highlands Water Main Improvements project. MOVED BY ZWICKER, SECONDED BY TAYLOR, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. May 5, 2008 Renton City Council Minutes Page 152 SAD: Highlands Water Main Utilities Committee Chair Zwicker presented a report recommending Improvements concurrence in the staff recommendation to approve the preliminary Special Assessment District(SAD) for the Highlands Water Main Improvements project, and to direct staff to proceed with the establishment of the final SAD upon completion of the construction of the project. MOVED BY ZWICKER, SECONDED BY TAYLOR, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning& Development Planning and Development Committee Vice Chair Zwicker presented a report Committee recommending concurrence in the staff recommendation to approve the Planning: Development proposed amendments to the Monopole I in residential zones and housekeeping Regulations (Title IV) Docket amendments to wireless regulations in all zones (City Code Title IV, Review Development Regulations, Docket Item 08-01). The amendment will allow Monopole I structures on a one-half acre lot with an administrative conditional use permit provided that they meet a one hundred foot setback from residential, and create some additional flexibility within the City Code to allow a lesser setback with a Hearing Examiner conditional use permit. In the public right-of-way, Monopole I would only be allowed on designated arterial roads. The housekeeping amendments would provide non- substantive language corrections, and cross-references. The Committee further recommended that the ordinance regarding this matter be presented for first reading. MOVED BY ZWICKER, SECONDED BY TAYLOR, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 153 for ordinance.) Community Services Community Services Committee Chair Briere presented a report recommending Committee concurrence in the staff recommendation to adopt the revised Park Rules and Community Services: Park Regulations. The revisions include the following: 1) the Community Services Rules &Regulations Changes Administrator is authorized to grant permission for certain special events or activities, rather than the Park Board, in order to improve customer service to the public; 2) domestic animals are restricted at the Maplewood Golf Course; 3) similar sections in the rules are combined to eliminate repetition and/or confusion; 4) the sections entitled "Conduct" and "Lost Property" are moved from Article C, Civil Violations, to Article B, Criminal Violations, and an "Additional Violations" section is added to Article B; 5) the penalties sections refers to City Code instead of stating the specific penalties; 6) references to the "Park Board" are corrected to "Parks Commission"; and 7) other formatting and minor language revisions are made as necessary, and to be in accordance with City Code. The Committee further recommended that the resolution regarding this matter be presented for reading and adoption. MOVED BY BRIERE, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 153 for resolution.) RESOLUTIONS AND The following resolutions were presented for reading and adoption: ORDINANCES Resolution #3945 A resolution was read authorizing signatures for depositories and electronic Finance: Signatures for fund transfers on behalf of and in the name of the City of Renton. MOVED BY Banking Transactions PERSSON, SECONDED BY BRIERE, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. May 5, 2008 Renton City Council Minutes Page 153 Resolution #3946 A resolution was read authorizing the Mayor and City Clerk to execute the Airport: Runway 15/33 Federal Aviation Administration's federal grant application and grant assurances Resurfacing Phase II Design, and accept the grant to fund Phase II of the design and engineering portion of FAA Grant the Runway 15/33 Resurfacing project. MOVED BY CORMAN, SECONDED BY PALMER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3947 A resolution was read adopting amendments to the Park Rules and Regulations. Community Services: Park MOVED BY BRIERE, SECONDED BY CORMAN, COUNCIL ADOPT THE Rules & Regulations Changes RESOLUTION AS READ. CARRIED. The following ordinance was presented for first reading and referred to the Council meeting of 5/12/2008 for second and final reading: Planning: Development An ordinance was read amending Chapter 2, Zoning Districts -Uses and Regulations (Title IV) Docket Standards, of Title IV(Development Regulations)of City Code to amend the Review (Monopole I & regulations regarding wireless facilities. MOVED BY ZWICKER, Wireless Facilities) SECONDED BY TAYLOR, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 5/12/2008. CARRIED. The following ordinances were presented for second and final reading and adoption: Ordinance#5373 An ordinance was read annexing approximately 374 acres of property generally Annexation: New Life- Aqua located immediately south of the Renton Maple Valley Hwy. and immediately Barn, Maple Valley Hwy east of the Cedar River at approximately 136th Ave. SE;New Life-Aqua Barn Annexation. MOVED BY ZWICKER, SECONDED BY PALMER, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance#5374 An ordinance was read establishing the zoning classification for approximately Annexation: New Life -Aqua 3.062 acres of property annexed within the City of Renton from King County Barn, CA Zoning (3.062 zoning to CA (Commercial Arterial)zoning; CPA 2007-M-03;New Life-Aqua Acres) Barn Annexation. MOVED BY ZWICKER, SECONDED BY TAYLOR, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance #5375 An ordinance was read establishing the zoning classification for approximately Annexation: New Life- Aqua 109.35 acres of property annexed within the City of Renton from King County Barn, RC Zoning(109.35 zoning to RC (Resource Conservation) zoning; CPA 2007-M-03;New Life- Acres) Aqua Barn Annexation. MOVED BY ZWICKER, SECONDED BY TAYLOR, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance#5376 An ordinance was read establishing the zoning classification of approximately Annexation: New Life- Aqua 26.79 acres of property annexed within the City of Renton from King County Barn, RMH Zoning (26.79 zoning to RMH (Residential Manufactured Home) zoning; CPA 2007-M-03; Acres) New Life-Aqua Barn Annexation. MOVED BY ZWICKER, SECONDED BY TAYLOR, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance#5377 An ordinance was read establishing the zoning classification of approximately Annexation: New Life - Aqua 95.20 acres of property annexed within the City of Renton from King County Barn, R-4 Zoning(95.20 zoning to R-4 (Residential - four dwelling units per net acre) zoning; CPA Acres) 2007-M-03; New Life-Aqua Barn Annexation. MOVED BY ZWICKER, SECONDED BY TAYLOR, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. i May 5,2008 Renton City Council Minutes Page 154 Ordinance#5378 An ordinance was read establishing the zoning classification of approximately Annexation: New Life Aqua 12.10 acres of propertyannexed within the City of Renton from King County Barn, R-8 Zoning(12.10 zoning to R-8 (Residential - eight dwelling units per net acre)zoning; CPA- Acres) 2007-M-03;New Life -Aqua Barn Annexation. MOVED BY ZWICKER, SECONDED BY TAYLOR, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance#5379 An ordinance was read establishing the zoning classification of approximately Annexation: New Life -Aqua 69.35 acres of property annexed within the City of Renton from King County Barn, R-14 Zoning (69.35 zoning to R-14 (Residential - 14 dwelling units per net acre) zoning; CPA- Acres) 2007-M-03;New Life - Aqua Barn Annexation. MOVED BY ZWICKER, SECONDED BY TAYLOR, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance#5380 An ordinance was read amending the 2008 Budget in the total amount of Budget: 2008 Amendment, $486,000 as it relates to Information Services Fund 503. MOVED BY Information Technology PERSSON, SECONDED BY BRIERE, COUNCIL ADOPT THE Projects ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. ADJOURNMENT MOVED BY TAYLOR, SECONDED BY CORMAN, COUNCIL ADJOURN. CARRIED. Time: 8:11 p.m. NJGJa ' Bonnie I. Walton, CMC, City Clerk Recorder: Michele Neumann May 5, 2008 RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING May 5, 2008 COMMITTEE/CHAIRMAN DATE/TIME AGENDA COUNCIL WORKSHOP THURS., 5/22 Financial Forecast/Capital Financing 1 p.m. to 5 p.m. *7th Floor Conferencing Center* COMMITTEE OF THE WHOLE MON., 5/12 Emerging Issues in Community Services (Palmer) 6 p.m. (Holiday Lights and Renton River Days Events Evaluation) *Council Conference Room* COMMUNITY SERVICES (Briere) FINANCE MON., 5/12 Vouchers; (Persson) 4:30 p.m. Liberty Park Past Due Water Bill Waiver; 2008 Budget Amendment re: Mechanical Assistant and Street Maintenance Manager; Bid Award for Community Center Gym Floor PLANNING &DEVELOPMENT (Parker) PUBLIC SAFETY (Taylor) TRANSPORTATION (AVIATION) THURS., 5/08 Contract with WHPacific for Airport 820 (Corman) 4 p.m. Building Demolition; Local and Regional Transportation Issues Update UTILITIES (Zwicker) NOTE: Committee of the Whole meetings are held in the Council Chambers unless otherwise noted. All other committee meetings are held in the Council Conference Room unless otherwise noted. Y 1111 �ti� O� CD 'f'‘NTVO� NAMING OF SEAHAWKS WAY The City Council has been asked to consider renaming the roadway fronting the Seattle Seahawks' new headquarters and training facility, the Virginia Mason Athletic Center(VMAC), to Seahawks Way. Approximately 1,900 feet of roadway is adjacent to the VMAC (see attached map). The adjacent portion of the street could be renamed from the intersection with Lake Washington Boulevard to the Seahawks' north property line without affecting the Misty Cove Condominiums or any of the residential properties on Ripley Lane North to the north. Conner Homes' Barbee Mill development would not be impacted. The only additional property that could potentially be addressed off of Seahawks Way is the Quendall Terminals property which is currently undergoing environmental remediation through the Environmental Protection Agency(EPA) Superfund process. Whether or not this property is affected will depend on how it redevelops in the future and where access points are located. • If the renaming were toroceed, dual signage for the new street will be developed so that drivers Pp will be directed to the remaining portions of Ripley Lane North via Seahawks Way. If you have any questions,please contact the Department of Community& Economic Development at 425.430.6580. • RENTON AHEAD OF THE CURVE .x s, . .ii 1. MistyCove Condominiums = ♦fix � , .. ' '��� ,"SAN.._,. . j _` a -e: ���� �♦: _fie * t- ,a iti• j}L ':lr.. , a a' ^x' 3; ', ::. : - : r .x+ x,i- ( , 1.1 :l.'s' -r v IIYI Vinia Mason Athletic Center . Virginia ♦I ata x+- Ly :ka - L + 2. #4; .; ' ;' i ^ ' .�� : fi ":Ai`1; . . y:`,,,, Quendall Terminals ,< ♦' e • (•., x ♦,• '�,?-'- *art - �`�'» ♦ ; •- . i \.., j 1 l: . . '' _ ' , -.,NEn44thaS. Barbee Mill t / � .. s :` .. 4:',7,r'!:''' r -,',;,?..:10 1119 S ys' (� - ; NE 43rdSt 1a. !/! CD /!/I/ ■�1I '..- '. ILI - 1pr ,:se 2.::::.Mi ,,--- - '. - <r N. /4 (c: .z to' N. , _ ,,, { Legend Seahawks Way p Community �Y artment of {�.De&Economic Development L. City Limits ..- ,�,,c'. 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Pursuant to RMC 4-8-110F,the Committee's decision and recommendation is - limited to the record, which consists of, but is not limited to the Hearing Examiner's Report, the Notice of Appeal and the Submissions by the Parties. There were three (3) appellants to this appeal: Harold Deacy,Phyllis Webb and the Applicant Capital Homes LLC/Chris Cirilio, Mr. Deacy resides on 407 Whitworth Ave. S., which is located directly north and abuts the subject property: Ms. Webb resides at 249 Seneca Pl,NW. Ms. Webb did not appear in the hearing held before the Hearing Examiner,but became_a party of record thereafter. On April 30,2008,:Appellant Deacy sent a letterto the City indicating.that he had reached a settlement with Capital Homes to sell his property. He was thus,withdrawing his appeal and"now supporting the development: _ , . The subject property is,located,at 409'Whitworth Ave. S:,'which'is zoned Center - Downtown(CD). The area surrounding thesubject site is all zoned CD, and the CD zoning was put in place in 1992: .This project is the first application:to submit an application under this new CD zoning which permits a height limitation up to 95 feet: Applicant Capital Homes LLC applied for a Site Plan approval for construction of a 5 story condominium building on a 7099 square foot.lot. The proposed height of the building would be 60 feet 4 '/2 inches. The Hearing Examiner approved the Site Plan,"but,,: . imposed several specific conditionsincluding a requirement to reduce the height to four Stories with a maxim_ um,height of 48 feet and to eliminate the proposed rear parking in lieu of open space. Applicant Capital Homes filed an appeal, specifically raising error with the Hearing Examiner's condition#1,#2 and#3,set out in the February 4, 2008, decision on Page 15. The basis for Ms. Webb's appeal appeared to be regarding.FAA regulations and concerns regarding the safety of having a building such as this in the vicinity of Renton Airport. They opened the hearing and heard the presentationsand argument.by Jennifer Henning, Ms:Webb and Justin Park,attorney for Capital Homes. Having done so,the Committee hereby finds that there is a substantial error in both fact and law:'The:Coiximittee'further - finds that Appellant Phyllis Webb lacks standing to bring this appeal: With respect to Ms. Webb, she does not reside anywhere near the vicinity.of the subject - ` site. She didnot appear in the open record Site Planhearing before the Hearing Examiner. The FAA concerns and issues cited by Ms. Webb was not raised in the Whitworth Appeal Page 2 Hearing below,therefore there is no record of this issue. Furthermore,Ms. Webb fails the test set forth in Trepanier v. Everett, 64 Wn. App. 380,382,824.P.2d 524(1992), in .. that-she cannot articulate an"injury in fact"to show how she would be "specifically and perceptively harmed"by the proposed condominium project. As the Applicant Capital Homes, the proposed project will be consistent with the City's vision and comprehensive plan. The.project is not out of scale and is reasonably within: the confines of the CD zoning and will implement the vision of the City to create a more urban, dense and higher intensity uses in the"area. The purposeof the.CD"zoning is to encourage higher density residential and commercial projects:.Applicant should not be penalized for being the first developer to proposea project under this new zoning. To - - ." that end, they should not be penalized by being subject to a-condition which prohibits them from making any modifications,however; minor, without"additional public hearings or a newsite_plan review." For these reasons, the Committee makes the following recommendations to the City Council: That the City Council find that The Hearing Examiner made a substantial error of fact in . finding that the project was out of scale with the immediate community and therefore not compatible,and That the City Council find that:the Hearing Examiner made'a_substantial error of law in, , that he overstepped:his authority by imposing the restriction set forthin his Decision#3 at_pp.-.15, and therefore; - Move to approve the Hearing Examiner's Decision to approve the Site Plan,but amend his decision to remove Decision'Conditions#1,#2, and#3`"(butotherwise affirm the - remaining conditions#4 through#7.)a ' I G P• ' R,Chair" • RICH ZWICKER, . Chair GREG'T 4R,1VIember cc Alex Pietsch • • ' Jennifer Henning. Fred Kau 'man Ask- • C.)\(° O`e ADMINISTRATIVE, JUDICIAL, AND • ,� ® + I LEGAL SERVICES DEPARTMENT MEMORANDUM DATE: May 5, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council FROM: Denis Law, Mayor Jay Covington, Chief Administrative Officer SUBJECT: Administrative Report In addition to our day-to-day activities, the following items are worthy of note for this week: • On Monday, May 19, the Washington State Department of Transportation plans to repair portions of SR 900—specifically, along South 3rd Street from Whitworth Avenue South to Burnett Avenue South, in the eastbound, far left lane, and along Rainier Avenue South between South 2nd Street and South 3rd Street at Pizza Hut, in the southbound curb lane. The work will result in lane closures but no total street closures. • The City of Renton, in partnership with the American Red Cross and Renton Technical College, is pleased to present a Business Continuity Workshop to be held on May 20 from 9 a.m. to 4 pm. As part of the new "Renton Emergency Preparedness Academy," the workshop will provide participants with the tools to evaluate risks and pre-plan strategies for economically surviving emergency events that disrupt the business. Registration is through Renton Technical College, with the $25 registration fee covering the cost of catering for the all-day event. For more information search rentonwa.gov for 'BCW" or call 425-430-7027. CITY OF RENTON COUNCIL AGENDA BILL AI ti. 2,h„,, , • Submitting Data: For Agenda of: Dept/Div/Board.. AJLS/City Clerk May 5, 2008 Staff Contact Bonnie Walton Agenda Status Consent X Subject: Public Hearing.. CRT-08-005; Court Case Correspondence.. Thomas McGurn and Joan McGurn, husband and wife, Ordinance vs. Paul Cline and Jane Doe Cline, and the marital Resolution community, City of Renton, and Renton Police Old Business Department Exhibits: New Business Summons and Complaint Study Sessions Information Recommended Action: Approvals: Refer to City Attorney and Insurance Services Legal Dept Finance Dept Other iiiFiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Projecti SUMMARY OF ACTION: Summons and Complaint for Personal Injuries filed by Dann D. Sheffield, Sheffield & Associates, 5511 Seaview Ave. NW, Seattle, 98107, on behalf of Thomas McGurn and Joan McGurn who seek compensation for injury and permanent disability sustained by Thomas McGurn on 4/19/2005 when a vehicle operated by a Police Department employee allegedly failed to stop at a stop sign and ran into the side of his vehicle. 0 cc,1 n * 107,1 i) .2 b-itti vottj,Kiln ",Go„ri suP8 3 S Ae6 ,'7 OFREN-faoN 5 APPz 5 ._0 6 cITNC ERKS8 7 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FICE IN AND FOR THE COUNTY OF KING c2 /SP, 8 Via eat it. THOMAS McGURN and JOAN ) No._ rule` 9 McGURN, husband and wife ) 0 $ ® 2 ® 13 3 0 8 m 7 KIT 10 ) Plaintiff, ) 11 vs. ) SUMMONS (20/60 DAYS) ) [CR 4 (b)(2)] 12 ) PAUL CLINE and JANE DOE CLINE, ) 13 and the marital community, CITY OF ) RENTON, a governmental municipality; ) • and RENTON POLICE DEPART- ) 15 MENT, a division of the City of Renton, ) ) 16 Defendants. ) ) 17 TO THE DEFENDANT(S): 18 A lawsuit has been started against you in the above-entitled court by Plaintiff(s). 19 Plaintiff(s)' claim is stated in the written complaint, a copy of which is served upon you with this summons. 20 In order to defend against this lawsuit,you must respond to the complaint by stating 21 your defense in writing, and by serving a copy upon the person signing this summons within 20 days (60 days if out of the State of Washington) after the service of this summons, 22 excluding the day of service, or a default judgment may be entered against you without notice. A default judgment is one where Plaintiff(s) is/are entitled to what has been asked 23 for because you have not responded. If you serve a notice of appearance on the undersigned 24 person, you are entitled to notice before a default judgment may be entered. 25 You may demand that the Plaintiff(s) file this lawsuit with the court. If you do so, the demand must be in writing and must be served upon the person signing this summons. 26 Within 14 days after you serve the demand, the Plaintiff(s) must file this lawsuit with the • SUMMONS - 1 DANN D. SHEFFIELD & ASSOCIATES o kl smATTORNEYS AT LAW `: i:� 5511 SEAVIEW AVENUE NORTHWEST #. `_�°;;N'j �i 5- ,;.� (j SEATTLE,WASHINGTON 98107 TELEPHONE(206)781-5000 FAX(206)781-0866 1 1 court, or the service on you of this summons and complaint will be void. 2 If you wish to seek the advice of an attorney in this matter, you should do so • promptly so that your written response, if any, may be served on time. 3 THIS SUMMONS is issued pursuant to Rule 4 of the Superior Court Civil Rules of 4 the State of Washington. 5 DATED this /-day of i ,206 6 D • D. SH FFIELD &ASSOCIATES 7 8 '1-j) Z 9 Dalin D. field WSBA 6815 v 10 Attorney for Plaintiff 11 12 13 14 • 15 16 17 18 19 20 21 22 23 24 25 26 27 • SUMMONS-2 DANN D. SHEFFIELD & ASSOCIATES ATTORNEYS AT LAW 5511 SEAVIEW AVENUE NORTHWEST SEATTLE,WASHINGTON 98107 TELEPHONE(206)781-5000 FAX(206)781-0866 2 Ih‘(bAn rn., 11 3 pPR18 vizt 4 sNel (C nr�i1 k to Ni'= L� TIOi Cu.-1 t 1 5 6 7 8 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING 9 10 THOMAS McGURN and JOAN ) No. McGURN, husband and wife, ) 11 ) Sr.et2 - 1330 - 7IKNIF Plaintiff(s) ) 12 ) v. ) COMPLAINT FOR 13 ) PERSONAL INJURIES . PAUL CLINE and JANE DOE CLINE ) 4 and the marital community, CITY OF ) 15 RENTON, a governmental municipality; ) And RENTON POLICE DEPART- ) 16 MENT, a division of the City of Renton, ) ) 17 Defendant(s) ) 18 19 COME NOW,Thomas McGurn and Joan McGurn, the above-named plaintiffs, and 20 for cause of action against the above-named defendants, complain and allege that: 21 I. JURISDICTION 22 1.1 The above-entitled Court has jurisdiction over the parties and the subject 23 matter of the above-entitled cause of action. 24 II. VENUE 25 2.1 The Superior Court for King County is the proper Court for bringing the above- 26 entitled cause of action as the accident giving rise to the injuries claimed herein occurred in DANN D. SHEFFIELD & ASSOCIATES COMPLAINT FORATTORNEYS AT LAW 5511 SEAVIEW AVENUE NORTHWEST PERSONAL INJURIES - 1 SEATTLE,WASHINGTON 98107 TELEPHONE(206)781-5000 FAX(206)781-0866 • - � 1 King County,Washington. 2 III. PARTIES • 3 3.1 The plaintiffs, Thomas McGurn and Joan McGurn, currently reside in King 4 County, Washington. 5 3.2 The defendants, Paul Cline and Jane Doe Cline,are believed to be residents of 6 King County,Washington. All actions of the defendant relevant to this action were performed 7 on their behalf and on behalf of the marital community. 8 3.3 The defendant, City of Renton,is a governmental municipality. The defendant 9 10 Renton Police Department is a division of the City of Renton. A claim form has been 11 completed, served and is on file with the City of Renton. (Copy attached.) 12 3.4 The accident giving rise to the injuries claimed herein occurred in Renton, 13 King County, Washington. 14 3.5 The plaintiff hereby reserves the right to amend the parties and causes of action II/ 15 throughout this complaint to conform to the evidence. 16 IV. COLLISION 17 4.1 On or about April 19,2005,the plaintiff,Thomas McGurn,lawfully operated his 18 vehicle northbound on Aberdeen Ave NE, in Renton, King County,Washington. 19 20 4.2 The defendant, Paul Cline, was operating a vehicle owned by the City of 21 Renton/Renton Police Department eastbound on NE 27th Street in Renton, King County, 22 Washington. 23 4.3 The defendant, Paul Clinic, operated his vehicle in an unsafe manner,failed to 24 use due care and caution, failed to obey and stop foi a stop sign at the intersection of 25 Aberdeen Ave NE and NE 27th Street in Renton, King County, Washington, entered the 26 intersection and negligently ran into the side of vehicle driven by plaintiff,Thomas McGurn, 27 • DANN D. SHEFFIELD & ASSOCIATES COMPLAINT FOR AT LAW5511 SEAVIEW AVENUE NORTHWEST PERSONAL INJURIES - 2 SEATTLE,WASHINGTON 98107 TELEPHONE(206)781-5000 FAX(206)781-0866 1 who was lawfully in the intersection. •2 ' V. PLAINTIFF NOT NEGLIGENT 3 5.1 At the time of the aforementioned accident,the plaintiff,Thomas McGurn,was 4 conducting himself in an ordinary, reasonable and prudent manner and plaintiff did not 5 contribute to nor cause the accident in question. 6 VI. NEGLIGENCE 7 6.1 At the time of the aforementioned accident,the defendant,Paul Cline,operated 8 defendant, City of Renton/Renton Police Department's motor vehicle in a negligent and 9 10 careless manner in direct disregard of the safety and welfare of the plaintiff and other persons 11 on the roadway and in direct violation of the Common Law rights of the plaintiff and contrary 12 to Washington's "Rules of the Road" traffic regulations and other applicable Washington 13 Statutes pertaining to the operation of motor vehicles as set forth in RCW 46.61, et.seq., and 1114 that the injuries and other damages set forth throughout this Complaint sustained by the 15 plaintiff and those to be further established at the time of trial were the direct and proximate 16 result of the clear negligence and misconduct committed on the part of the defendant, Paul 17 Cline. 18 6.2 Defendant, City of Renton/Renton Police Department,were the owners of the 19 20 vehicle driven by defendant, Paul Cline. 21 6.3 The collision was proximately caused by the negligence of defendants, City of 22 Renton/Renton Police Department, and its agents and servants in that, although said 23 defendants knew of the dangerous propensities and improper driving habits of defendant, 24 Paul Cline, it nevertheless negligently entrusted its vehicle to him. 25 6.4 The aforesaid collision was proximately caused by the negligence of the 26 defendants, City of Renton/Renton Police Department, and its agents and servants in that 7 DANN D. SHEFFIELD & ASSOCIATES COMPLAINT FORATTORNEYS AT LAW 5511 SEAVIEW AVENUE NORTHWEST PERSONAL INJURIES - 3 SEATTLE,WASHINGTON 98107 TELEPHONE(206)781-5000 FAX(206)781-0866 1 said defendant negligently failed to train and/or supervise defendant, Paul Cline, in the 2 operation of the vehicle in the course and scope of his employment. • 3 VII. RESPONDEAT SUPERIOR 4 7.1 That at all times relevant hereto, defendant, Paul Cline, was an employee of 5 defendant, City of Renton/Renton Police Department,and the acts giving rise to the cause of 6 action hereto were committed by defendant, Paul Cline, within the scope of and in 71 furtherance of his employment with defendants, City of Renton/Renton Police Department. 8 VIII. PHYSICAL INJURY 9 10 8.1 As a direct and proximate result of the collision described above,the plaintiff, 11 Thomas McGurn,sustained severe physical injuries to his person which will be fully set forth 12 and further established at the time of trial. 13 IX. DAMAGES AND PROXIMATE CAUSE 14 9.1 As a direct and proximate result of the collision described herein and as a direct • 15 and proximate result of the negligent acts and omissions of the above-named defendants and 16 each of them,the plaintiff,Thomas McGurn,has suffered pain,mental and physical anguish, 17 and continued physical disability since April 19, 2005, to his person in amounts to be -18 19 established and proven at the time of trial. 20 9.2 As a further direct and proximate result of the negligence of the above-named 21 defendants and each of them, the plaintiff, Thomas McGurn, has suffered significant 22 monetary losses resulting from the impairment of his earning capacity and his inability to 23 carry out normal day-to-day work, family and recreational activities that he enjoyed prior to 24 the accident in question. 25 9.3 As a direct and proximate result of the defendants' negligence, the plaintiff, 26 Thomas McGurn, has expended and will be compelled to expend significant amounts of 1111 27 DANN D. SHEFFIELD & ASSOCIATES COMPLAINT FORATTORNEYS AT LAW 5511 SEAVIEW AVENUE NORTHWEST PERSONAL INJURIES - 4 SEATTLE,WASHINGTON 98107 TELEPHONE(206)781-5000 FAX(206)781-0866 • 1 money for medical,hospital and related medical services in an effort to regain his health and 1112 his normal physical condition that existed prior to the accident in question,the exact extent 3 of which is currently unknown, but will be further established and proven at the time of trial. 4 I 9.4 As a further direct and proximate result of the negligence of the above-named 5 defendants and each of them, the plaintiff, Thomas McGurn, has become permanently 6 physically disabled. 7 9.5 As a further direct and proximate result of the negligence of the above-named 8 defendants and each of them, the plaintiff, Thomas McGurn, has suffered out of pocket 9 10 expenses,property damage and other pecuniary losses in amounts currently unknown,but to 11 be proven and established at the time of trial. 12 9 6 That the plaintiff,Joan McGurn, as a further direct and proximate result of 13 the negligence of the above-named defendants and each of them, has suffered continuing loss of love and affection from her husband, Thomas McGurn, and has further suffered 15 ongoing mental anguish since April 19, 2005, all to her damage in amount to be 16 established and proven at the time of trial. 17 WHEREFORE,Thomas McGurn and Joan McGurn,the above-named plaintiffs,pray 18 19 that a judgment be entered against the above-named defendants, and each of them, for the 20 causes of action set forth throughout this complaint and for damages in amounts established i complaint, and in amounts to be established at the time of trial for: throughout this 21 g 22 1. Pain, suffering and mental anguish (past, present and future); 2.3 2. Permanent physical disability; 24 3. Past, present, and future medical expenses; 25 4. Past, present, and future earnings/income and earning capacity; 26 5. Property damage; DANN D. SHEFFIELD & ASSOCIATES COMPLAINT FORATTORNEYS AT LAW 5511 SEAVIEW AVENUE NORTHWEST PERSONAL INJURIES - 5 SEATTLE,WASHINGTON 98107 TELEPHONE(206)781-5000 FAX(206)781-0866 1 6. The resulting decrease in the plaintiffs' quality of life which has resulted from 2 the physical restrictions and impairment which have adversely affected the plaintiffs' • 3 social, family, recreational and career objectives. 4 7. Attorney fees and costs; 5 8. Prejudgment interest; 6 9. Post judgment interest; 7 10. For such other and further relief as the court deems just and equitable under he 8 premises. 9 10 DATED this day of n� , 2008. 11 DANN D),-SHEFFIELD & ASSOCIATES 12 13 / I Da . D. • : field WSBA 6815 411 14 Attorney for Plaintiff 15 16 17 18 19 20 21 22 23 24 25 26 11111 27 DANN D. SHEFFIELD &ASSOCIATES COMPLAINT FORATTORNEYS AT LAW 5511 SEAVIEW AVENUE NORTHWEST PERSONAL INJURIES - 6 SEATTLE,WASHINGTON 98107 TELEPHONE(206)781-5000 FAX(206)781-0866 f • CITY OF RENTON COUNCIL AGENDA BILL 72 ii AI#: l/ Submitting Data: Community and Economic For Agenda of: May 5, 2008 Development Dept/Div/Board.. Development Services Division Staff Contact Arneta Henninger X7298 Agenda Status Consent X Subject: Public Hearing.. Acceptance of right-of-way dedicated to the City of Correspondence.. Renton on N 42nd P1 Ordinance Resolution X Old Business Exhibits: New Business Deed of Dedication with legal description and sketches Study Sessions Vicinity Map Information Recommended Action:411 Approvals: Council concur Legal Dept X Finance Dept Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The recommendation is for approval of the dedication of 60 feet of right-of-way on N 42nd Pl. This dedication provides access to the railroad crossing to be constructed at milepost 6.23. This requirement was triggered by the plat approval process of LUA 02-040. STAFF RECOMMENDATION: Accept the Deed of Dedication of the additional right-of-way and authorize the Mayor and City Clerk to sign and record the Deed of Dedication. III • Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton,WA 98057 DEED OF DEDICATION Property Tax Parcel Number: 2924059002 Project File#:LUA-02-040 Street Intersection: N 42"d place and N 43rd St. Reference Number(s)of Documents assigned or released:Additional reference numbers are on page Grantor(s): Grantee(s): 1. Quendall Terminals,a Washington joint 1. City of Renton,a Municipal Corporation venture LEGAL DESCRIPTION: That portion of Government Lot 5,Section 29,Township 24 North,Range 5 East, W.M.,as described on attached Exhibit A. The Grantor,for and in consideration of mutual benefits conveys,quit claims,dedicates and donates to the Grantee(s)as • named above,for public road right of way purposes,the above described real estate situated in the County of King,State of Washington. This Dedication is located within a Federal Superfund Site regulated by the U.S.Environmental Protection Agency. Grantee shall indemnify,defend and hold harmless Grantor,its successors and assigns,from any damage,liability, claim,lien,or loss,including attorney's fees and costs,arising out of use of the Dedication by Grantee,its agents, contractors,successors in title,assigns,authorized persons,and/or all others acting on its behalf,except to the extent such damage,liability,claim,lien,or loss,is due to the negligence or intentional misconduct of the Grantor or an agent, contractor,successor in title,authorized person,assign of Grantor. Grantee shall be solely responsible for the management and disposal of any waste generated as a result of operation or maintenance within the dedicated area by Grantee or its authorized representative and Grantee shall be the generator of any waste resulting from those activities. Grantee shall indemnify,defend and hold harmless Grantor,its successors and assigns,from any damage,liability,claim,lien,or loss or any costs of expenses,including attorney's fees and costs,associated with the generation,management,disposal of hazardous substances by Grantee or contact with or exposure to hazardous substances resulting from subsurface activities authorized or permitted by Grantee within the Dedication after the Dedication. Grantor hereby reserves the temporary right to use the dedicated area to complete any environmental testing,remediation or other activities required by the U.S.Environmental Protection Agency,the Washington State Department of Ecology,or any other agency with authority pursuant to state or federal environmental laws("Environmental Agencies"),without the requirement for a street use permit or other approval from the City and without payment of any fee to the City. Grantor reserves a right of access over the dedication area for Environmental Agencies and their authorized contractors in connection with its regulation of the Federal Superfund Site. Any work by the City or other person in the dedication area shall be done in compliance with requirements of the Environmental Agencies and only after 30-day notice to the appropriate Environmental Agency,and Grantee shall indemnify and hold Grantor harmless from any cost,liability or obligation relating to construction in or use of the dedicated area by Grantee or anyone authorized by Grantee,including but not limited to compliance with the requirements of any of the Environmental Agencies. [signatures on following page] S IN WITNESS WHEREOF,said Grantor has caused this instrument to be executed this tU day of 34.V 2008. Approved and Accepted By: Grantor(s): QUENDALL TERMINALS,a Washington joint venture Grantee(s): City of Renton By Altino Properties,Inc.,a Washington B corporation,joint venturer Y By ( JP Denis Law,Mayor Robert Cugini,VitA President By J. H.Baxter&Co.,a California limited partnership,joint venturer By J.H.Baxter&Co.,a California Corporation,general partner o ` By LQ CL, ) Georgia BAixter,President and CEO City Clerk: • Bonnie Walton Exhibit A Legal Description STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this t4h day of F-brufty J,2008,before me,the undersigned,a Notary Public in and for the state of Washington,duly commissioned and sworn,personally appeared ROBERT CUGINI to me known to be the Vice President of ALTINO PROPERTIES,INC,a Washington corporation,which is a joint venturer of QUENDALL TERMINALS,a Washington joint venture,that executed the foregoing instrument,and acknowledged the said instrument to be the free and voluntary act and deed of said corporation and joint venture, for the uses and purposes therein mentioned,and on oath stated that s/he is authorized to execute the said instrument. IN WITNESSF,I have hereunto set my hand and official seal the day and year first above written. ��� K�l I1 // 1 �4Ci_y��ON EXp�'P,''4�Q /% azzo,44, /�- 4'2rDJ4OON % NOTARY PUBLIC in aor tate of W=o u - • - ' O Washington,residing at ,Sed.,4 e. Pue ' = My appointment expires `5/I9/v /i d' ��'n 5-19' , Print Name Del or f5 K. pct, 1)tt,r4 // F OF W r' • DWT 2237339v1 0032695-001"664"\"'s . ' . Page 2 I • Project: Exhibit A wo# PID Legal Description GRANTOR: Street: EXHIBIT"A" NORTH 42ND PLACE LEGAL DESCRIPTION That portion of Government Lot 5,Section 29,Township 24 North,Range 5 East,W.M., • City of Renton,King County,Washington,described as follows: Beginning at the intersection of the south line of said Government Lot 5 and the westerly margin of the 100 foot wide Burlington Northern Railroad Co.right-of-way;Thence • N.30°54'57"E.along the westerly margin of said railroad right-of-way,150.00 feet,Thence • leaving said right-of-way margin,N.59°05'03"Vii.,60.00 feet;Thence 5.30°54'57"W.parallel to said right-of-way martin 184.25 feet to the south line of said Government Lot 5;Thence S88°48'22"E,69.09 feet to the Point of Beginning. Containing an area of 10,027 square feet,more or less. , rif-. --. --... .41 • J.: /oweNsnaao9 loft 1110 DWT 2237339v1 0032695-000004 Page 3 t Map Exhibit • ,, ,• '4,t5.9.' . 3. so o0 3 / . �O D . k, oo �4Q CI 4" O co 4,,,,,//-:i)� oti �4 2 � Z 7 '2 a / cO / m 03 69.09' / ° } – . — SOUTH LINE GOVT LOT 5, SE . _ . i S 88'48'22" E T.24N.,/R.5E., W.M. PO �� / B / III i m co !� 0 ....._C-) / . SO/ /s � / do W .i 1"% / / ,',?////:. / : ce / A 40' 0' 40' 80' 1 MM EM E SCALE IN FEET . n a Dec.. 2007 o Barbee Mill owe ACCESS ROADWAY N o KLD REN TON, WASHINGTON RLS 30788 w "m'ay ��t ors' EXHIBIT Project'A' S788Y163 N. 42ND PLACE File"R j? RIGHT—OF—WAY DEDICATION N 2 OF 2 III DWT 2237339x1 0032695-000004 Page 4 . • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ^••'Y•'C�•.'CSC.�•�:c��•�'�C��•�C�C�¢�C�r�'���•����r�rC,!�<�•�C,•C�;.!:��•�C��•�'�C��c�.�C� State of California County of :01 n YYIGt v nn On )- 3i_O e6 before me, Lt041 )• .0.w. C, f t FN.( b)t�� Date /' Here Inser Name and Title of the Officer personally appeared Ce1C-t X JJ Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(v) whose name(.) is/ate subscribed to the within instrument and acknowledged to me that LORI J.STUMPF for/she/thy executed the same in 110/her/their authorized Commission# 1538054 capacity(jes), and that by We/her/Weir signature(€) on the ■ 1.6-. Notary Public-California t instrument the person(s), or the entity upon behalf of 3c-Z.:41 San Mateo County which the person(e.) acted, executed the instrument. '�=*m My Comm.Expires Dec 24, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITN ..d :lid • fic .1 seal. 411/ Signature Place Notary Seal Aboveitgln -.-�,,.■lnavar� - ` OPTIONAL Though the information below is not required by law, it may prove valuable • •. - •- •s e document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: �t(7AC7 k Ct lc,67 rl Document Date: 7 -3 I - Number of Pages: 5 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual PYp.ytc.f ❑ Individual 11-Corporate Officer—Title(s): C i 0 ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General RIGHTTHUNBPRINT ❑ Partner—❑ Limited ❑ General RIGHTTHIJMBPRINT ❑ Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: %_;= ❑ Other: Signer Is Representing: '`'r'_:1 ",' ' Signer Is Representing: tet.,- • \_,..;"._,.:`. �..._.. •�..-••\ •S'2.•\-••\-••\_:;•\:••\.-..• ••-••••_.• A._•••-••\_.• •\_. ••-•• _•••••&•\.• •\_••\,•' ._'._..,fes,. ©2007 National Notary Association•9350 De Soto Ave.,PO.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800.876-6827 BARBEE MILL PORTIOCNITY OF GOVT. 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' / / / December 26,2007 • Exhibit C788S076:Plat Lot Layout 1 f CITY OF RENTON COUNCIL AGENDA BILL AI#: • Submitting Data: For Agenda of: Dept/Div/Board.. Finance & IS Department � May 5, 2008 Staff Contact Michael E. Bailey, Administratd'r`� Agenda Status Consent X Subject: Public Hearing.. Adopt the Resolution "Authorizing Signatories by Correspondence.. Position for Depositories and Electronic Fund Transfers Ordinance on Behalf of and in the Name of the City of Renton" Resolution X Old Business Exhibits: New Business Issue Paper Study Sessions Resolution Information Recommended Action: Approvals: Legal Dept X Council concur Finance Dept X Other Fiscal Impact: $0 Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. IDSUMMARY OF ACTION: The proposed Resolution will update the signatories to the City's financial accounts and establish such signatories by position which will update Sections I and VI of Resolution 3770. STAFF RECOMMENDATION: Adopt the Resolution that will update Sections I and VI of Resolution 3770. • H:\FINANCE\ADMINSUP\O1_AgendaBills\2008_Resolution update_authorized signatures_April.doc �`SY OFINANCE AND INFORMATION SERVICES C � �� ® DEPARTMENT MEMOR ANDUM DATE: April 23, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: d -Denis Law, Mayor FROM: Mike Bailey, Administrator"- SUBJECT: Resolution Authorizing Signatories to City Financial Accounts ISSUE Should a Resolution be adopted to establish signatories on City financial accounts by position? • RECOMMENDATION Adopt a resolution updating the signatories to the City's various financial accounts and establishing such signatories by position. BACKGROUND SUMMARY The City has various bank and investment accounts. These accounts require either one or two signatures to authorize transactions. The signatures typically used are the Mayor and the FIS Administrator. It has been presumed that the Mayor of the City is authorized by position. However, the FIS Administrator has been specifically named in a resolution designating the signatories. With a change in FIS Administrators it is recommended that the resolution updating the signatories refer to the positions rather than the named individuals. The proposed resolution accomplishes this recommendation. This change would also apply to the other positions listed on City financial accounts, namely the Municipal Court Judge, Court Services Director, Fiscal Services Director, Financial Services Manager and Finance Analyst. CONCLUSION By adopting the proposed resolution, the City Council will be authorizing the persons holding the position of Mayor and FIS Administrator, and others as appropriate, to be the authorized signatories on City financial accounts. Attachment: Draft resolution. • cc: Jay Covington, CAO Marty Wine,Assistant CAO Bonnie Walton, City Clerk h:\finance\adminsup\02_issuepapers_memos to council or mayor\2008 financial signatories resolution.doc CITY OF RENTON, WASHINGTON • RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING SIGNATURE FOR DEPOSITORIES AND ELECTRONIC FUND TRANSFERS ON BEHALF OF AND IN THE NAME OF THE CITY OF RENTON. WHEREAS, the City of Renton maintains one or more accounts at one or more qualified public depositories, including the state operated Local Government Investment Pool for primary banking, investing, or third party trust agreement purposes; and WHEREAS, the City's appointed Finance & Information Services Administrator is hereby authorized and directed to open and maintain these accounts as required from time to time on behalf of and in the name of the City of Renton; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, • WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The depositories are hereby authorized to honor and pay checks, drafts, and similar instruments in the name of the City of Renton and signed by any one of the following officers and officials of the City of Renton: Title Mayor Finance & Information Services Administrator SECTION II. Any of the above named officers or officials are further authorized to endorse any such checks, drafts, or other instruments made payable to the City of Renton for the purpose of depositing same into the City's accounts. • 1 RESOLUTION NO. SECTION III. The designated depository for the account in the name of City of • Renton Municipal Court (Municipal Court account) is hereby authorized to honor and pay checks, drafts, and similar instruments signed by the Court Services Director or Municipal Court Judge. The Director or Judge are further authorized to endorse checks, drafts, or other instruments made payable to the City of Renton for the purpose of depositing the same into the Municipal Court account. Title Court Services Director Municipal Court Judge SECTION IV. The following individuals are authorized to initiate and/or approve a electronic fund transfers for the purposes of disbursing and depositing City funds for the purposes of investing, cash management, and accomplishing authorized City business in the • City's name: Title Initiate Approve Finance & Infoiivation Services Administrator Yes Yes Fiscal Services Director Yes Yes Financial Services Manager Yes Yes Finance Analyst Yes No SECTION V. There shall be no obligation on the part of the depositories to see the application of funds in any case whatsoever, and that a true copy of this resolution be certified and delivered to each said depository at the time any such account is opened on behalf of the City of Renton. • 2 RESOLUTION NO. SECTION VI. Effective May 5, 2008, Section I and Section IV of Resolution No. • 3737, which was passed and approved on February 7, 2005, is hereby repealed. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor • Approved as to form: Lawrence J. Warren, City Attorney RES. • 3 CITY OF RENTON COUNCIL AGENDA BILL AI#: / . , , 1 •Submitting Data: Public Works Department For Agenda of: Dept/Div/Board.. Transportation Systems Division May 5, 2008 Staff Contact Ryan Zulauf, Airport Agenda Status Manager, (x7471) Consent X Subject: Public Hearing.. Correspondence.. Design and Engineering Contract - 820 Building Ordinance Demolition Resolution Old Business Exhibits: - New Business X Study Sessions Issue Paper Information Consultant Contract with WHPacific, Inc. Recommended Action: Approvals: Legal Dept X Refer to Transportation/Aviation Committee Finance Dept Other iiFiscal Impact: (422.000.16.594.46.63.000/a25092) Expenditure Required... $106,275 Transfer/Amendment Amount Budgeted $540,000 Revenue Generated Total Project Budget $540,000 (2008) City Share Total Project.. $106,275 SUMMARY OF ACTION: Approval of a consultant contract with WHPacific, Inc., is necessary for design and engineering services for the demolition of the 820 Building on the Airport. The contract amount is $106,275, with a total project budget in 2008, of$540,000. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to sign the contract with WHPacific, Inc. in the amount of $106,275, for engineering and design services to demolish the 820 Building, previously known as the Boeing 514 Building. III H:\File Sys\AIR-Airport.Transportation Services Division\03 Projects\01 Tasks\Agenda Bills\Agenda Bill-820 Demolition\Agenda bill 820 bldg demolition design and eng.doc `sY Ose PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: May 5, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: .P Denis Law, Mayor FROM: Gregg Zimmermariy dministrator STAFF CONTACT: Ryan Zulauf, Airport Manager(x7471) SUBJECT: Design and Engineering Contract—820 Building Demolition ISSUE: Should a contract with WHPacific, Inc. be approved for the design and engineering phase to demolish the 820 Building, formerly known as the Boeing 514 Building, on the west side of the Airport? • RECOMMENDATION: Authorize the Mayor and City Clerk to sign the contract with WHPacific, Inc. in the amount of$106,275, for engineering and design services to demolish the 820 Building, previously known as the Boeing 514 Building. BACKGROUND SUMMARY: The 820 Building, previously known as the Boeing 514 Building, is a two story, tilt-up concrete building. The building was constructed in 1963 and used for testing and storing of avionics equipment. The 26,000 square foot 820 Building is built on pilings. However, the main floor between the support columns has settled 2-4 inches, indicating that the floor is unstable. The HVAC system for the building has come to the end of its useful life, and the boiler- style heating system is too costly to energize on a regular basis. The Boeing Company's lease (approved in 1965) contained a provision that allowed The Boeing Company the right, but not the obligation, to remove any and all structures from the Airport upon turn-back to the City. In 2003, The Boeing Company vacated the 820 • Marcie Palmer,Council President Members of the Renton City Council Page 2 of 2 May 5,2008 111 Building and terminated the ground lease for Apron C. The Boeing Company did not remove or alter the building significantly as part of the lease termination. Among other design and engineering considerations, the removal or retention of the pilings, the breezeway connecting the 800 Building to the 820 Building, asbestos removal and soil sampling to check for pre-existing contamination will be completed. Project bidding for demolition will be completed in the fall, in order to hopefully attract more competitive bids for the work. cc: Peter Hahn,Deputy PW Administrator—Transportation Ryan Zulauf,Airport Manager Connie Brundage,Transportation Administrative Secretary Susan Campbell-Hehr/Carolyn Currie,Airport Secretary • 1111 h:\file sys\air-airport,transportation services division\03 projects\01 tasks\agenda bills\agenda bill-820 demolition\issue paper-820 bldg demolition-design and eng.doc f � • Consultant/Address/Telephone Local Agency WHPacific, Inc. • Standard Consultant Agreement 3350 Monte villa Parkway Bothell,Washington 98021 Architectural/Engineering Agreement ❑Personal Services Agreement 425-951-4800 Agreement Number Project Title And Work Description Renton Municipal airport Federal Aid Number 820 Building Demolition project Agreement Type(Choose one) 0 Lump Sum Lump Sum Amount $ D Cost Plus Fixed Fee DBE Participation Overhead Progress Payment Rate % 0 Yes ®No Overhead Cost Method Federal ID Number or Social Security Number ❑Actual Cost 73-1650447 0 Actual Cost Not To Exceed % Do you require a 1099 for IRS? Completion Date E1 Yes DNo D Fixed Rate Fixed Fee $ • ®Specific Total Amount Authorized $ 92,413.00 Rates OfPay. ®Negotiated Hourly Rate Management Reserve Fund$ 13,862.00 El Provisional Hourly Rate Maximum Amount Payable$ 106,275.00 D Cost Per Unit of Work - Index of Exhibits Exhibit"A"-Scope of Work Exhibit"B" DBE Participation Exhibit"C"-Electronic Exchange of Engineering and Other Data Exhibit"D"-Payment(by Agreement Type) Exhibit"E"-Consultant Fee Determination < Exhibit"F" Breakdown of Overhead Coat Exhibit"G"-Subcontract Work/Fee Determination . Exhibit"H"-Title VI Assurances Exhibit"1"-Payment Upon Termination of Agreement Exhibit"J"-Alleged Consultant Design Error Procedures Exhibit"K"-Consultant Claim Procedures -Exhibit"L"-Liability Insurance Increase Exhibit"M"-Certification Documents THIS AGREEMENT,made and entered into this day of • between the Local Agency of City of Renton ,Washington,hereinafter called the"AGENCY", and the above organization hereinafter called the"CONSULTANT". DOT Form 140-089 EF Page 1 of 8 Revised 6/05 • WITNESSETH THAT: WHEREAS,the AGENCY desires to accomplish the above referenced project,and WHEREAS,the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable • and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT;and WHEREAS,the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration,if applicable,and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE,in consideration of the terms,conditions,covenants and performance contained herein,or attached and incorporated and made a part hereof the parties hereto agree as follows: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT.The CONSULTANT shall furnish all services,labor,and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. Il Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit"A"attached hereto and by this reference made a part of this AGREEMENT. Ill General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies,groups,or individuals shall receive advance approval by the AGENCY.Necessary contacts and meetings with agencies,groups,and/or individuals shall be coordinated through the AGENCY.The CONSULTANT shall attend coordination,progress and presentation meetings with the AGENCY and/or such Federal,State,Community,City or County officials,groups or individuals as may be requested by the AGENCY.The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation.The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit"A." • The CONSULTANT shall prepare a monthly progress report,in a form approved by the AGENCY,which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT,and each SUBCONSULTANT,shall not discriminate on the basis of race,color,national origin,or sex in the performance of this contract.The CONSULTANT,and each SUBCONSULTANT,shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts.Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises(DBE),if required,per 49 CFR Part 26,or participation of Minority Business Enterprises(MBE),and Women Business Enterprises(WBE),shall be shown on the heading of this AGREEMENT. If D/M/WBE firms are utilized,the amounts authorized to each firm and their certification number will be shown on Exhibit "B"attached hereto and by this reference made a part of this AGREEMENT.If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function(CUF)regulation outlined in the AGENCY'S"DBE Program Participation Plan".The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports,PS&E materials,and other data furnished to the CONSULTANT by the AGENCY shall be returned.All electronic files,prepared by the.CONSULTANT,must meet the requirements as outlined in Exhibit"C." All designs,drawings,specifications,documents,and other work products,including all electronic files,prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT,and are the property of the AGENCY.Reuse by the AGENCY or by others,acting through or on behalf of the AGENCY of any such instruments of service,not occurring as a part of this PROJECT,shall be without liability or legal exposure to the • CONSULTANT. Page 2 of 8 IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. • All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT,but may be extended by the AGENCY in the event of a delay attributable to the AGENCY,or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT.A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit"D"attached hereto,and by reference made part of this AGREEMENT.Such payment shall be full compensation for work performed or services rendered and for all labor,materials,supplies,equipment,and incidentals necessary to complete the work.The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT.The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager. VI Sub-Contracting The AGENCY permits sub-contracts for those items of work as shown in Exhibit"G"attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub-consultant work shall be based on the cost factors shown on Exhibit"G." The work of the sub-consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. • All reimbursable direct labor,overhead,direct non-salary costs and fixed fee costs for the sub-consultant shall be substantiated in the same manner as outlined in Section V.All sub-contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub-consultant payment,the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY.No permission for sub-contracting shall create,between the AGENCY and sub-contractor,any contract or any other relationship.A DBE certified sub-consultant is required to perform a minimum amount of their sub-contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person,other than a bona fide employee working solely for the CONSULTANT,to solicit or secure this contract,and that it has not paid or agreed to pay any company or person,other than a bona fide employee working solely for the CONSULTANT,any fee,commission, percentage,brokerage fee,gift,or any other consideration;contingent upon or resulting from the award or making of this contract.For breach or violation of this warrant,the AGENCY shall have the right to annul this AGREEMENT without liability or,in its discretion,to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee,commission,percentage,brokerage fee,gift,or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT,shall be considered employees of the CONSULTANT only and not of the AGENCY,and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged,and any and all claims made by a 0 Page 3 of 8 third party as a consequence of any act or omission on the part of the CONSULTANTS employees or other persons while so engaged on any of the work or services provided to be rendered herein,shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage,on a full-or part-time basis,or other basis,during the period of the contract,any • professional or technical personnel who are,or have been,at any time during the period of the contract,in the employ of the United States Department of Transportation,or the STATE,or the AGENCY,except regularly retired employees,without written consent of the public employer of such person. VIII Nondiscrimination During the performance of this contract,the CONSULTANT,for itself its assignees,and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d-4a) Federal-aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100-259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et.seq.) 411 49 CFR Part 21 23 CFR Part 200 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964,the CONSULTANT is bound by the provisions of Exhibit"H" attached hereto and by this reference made part of this AGREEMENT,and shall include the attached Exhibit"I-f'in every sub-contract,including procurement of materials and leases of equipment,unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten(10)days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT,a final payment shall be made to the CONSULTANT as shown in Exhibit"I"for the type of AGREEMENT used. No payment shall be made for any work completed after ten(10)days following receipt by the CONSULTANT of the Notice to Terminate.If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above,then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,the above formula for payment shall not apply. • Page 4 of 8 In such an event,the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination,the amount of work originally required which was satisfactorily completed to date of termination,whether that work is in a form or a type which is usable to the AGENCY at the time of termination,the cost to the AGENCY of employing another firm to complete the work required • and the time which may be required to do so,and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount,which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence,the termination shall be deemed to be a termination for the convenience of the AGENCY.In such an event,the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member,partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT,or dissolution of the partnership,termination of the corporation,or disaffiliation of the principally involved employee,the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT,if requested to do so by the AGENCY.This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY,if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph,should the surviving members of the CONSULTANT,with the AGENCY'S concurrence,desire to terminate this AGREEMENT,payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT,or for failure of the CONSULTANT to perform work required of it by the AGENCY.Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. • X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein,when required to do so by the AGENCY,without additional compensation thereof.Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised,the CONSULTANT shall make such revisions as directed by the AGENCY.This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director.of Public Works or AGENCY Engineer,whose decision in the matter shall be final and binding on the parties of this AGREEMENT;provided,however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision,that decision shall be subject to de novo judicial review.If the parties to this AGREEMENT mutually agree,disputes concerning alleged design errors will be conducted under the procedures found in Exhibit"J",and disputes concerning claims will be conducted under the procedures found in Exhibit"K". XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT,the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington,situated in the county in which the AGENCY is located.The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington.The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington,situated in the county in which the AGENCY is located. • Page 5 of 8 C ' XIII Legal Relations The CONSULTANT shall comply with all Federal,State,and local laws and ordinances applicable to the work to be done under this AGREEMENT.This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from • �' and shall process and defend at its own expense all claims,demands,or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT;provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims,demands or suits based solely upon the conduct of the AGENCY or the STATE,their agents, officers and employees;and provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the CONSULTANT'S agents or employees,and(b)the AGENCY or the STATE,their agents,officers and employees,this indemnity provision with respect to(1)claims or suits based upon such negligence(2)the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws,including RCW 42.23,which is the Code of Ethics for regulating contract interest by municipal officers.The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and,solely for the purpose of this indemnification and defense,the CONSULTANT specifically waives any immunity underthe state industrial insurance law,Title 51 RCW. Unless otherwise specified in the AGREEMENT,the AGENCY shall be responsible for administration of construction contracts,if any,on the PROJECT.Subject to the processing of a new sole source,or an acceptable supplemental agreement,the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration.By providing such assistance,the CONSULTANT shall assume no responsibility for:proper construction techniques,job site safety,or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT,or as otherwise required,the • following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage • A. Worker's compensation and employer's liability insurance as required by the STATE. B.Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars($2,000,000)for bodily injury,including death and property damage.The per occurrence amount shall not exceed one million dollars($1,000,000). C.Vehicle liability insurance for any automobile used in an amount not less than a one million dollar($1,000,000) combined single limit. 'Y? Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, 4r\girt'' the AGENCY will be named on all policies as an additional insured.The CONSULTANT shall furnish the AGENCY with Gr. ' verification of insurance and endorsements required by the AGREEMENT.The AGENCY reserves the right to require complete,certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington.The CONSULTANT shall submit a verification of insurance as outlined above within fourteen(14)days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty(30)days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million($1,000,000)dollars,whichever is the greater,unless modified by Exhibit"L".In no case 1111 shall the CONSULTANT'S professional liability to third parties be limited in any way. Page 6 of 8 The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section.This remedy is not exclusive;and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT,or otherwise in law. • XIV Extra Work A.The AGENCY may at any time,by written order,make changes within the general scope of the AGREEMENT in the services to be performed. B.If any such change causes an increase or decrease in the estimated cost of,or the time required for,performance of any part of the work under this AGREEMENT,whether or not changed by the order,or otherwise affects any other terms and conditions of the AGREEMENT,the AGENCY shall make an equitable adjustment in the(1)maximum amount payable;(2)delivery or completion schedule,or both;and(3)other affected terms and shall modify the AGREEMENT accordingly. C.The CONSULTANT must submit any"request for equitable adjustment",hereafter referred to as"CLAIM",under this clause within thirty(30)days from the date of receipt of the written order.However,if the AGENCY decides that the facts justify it,the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D.Failure to agree to any adjustment shall be a dispute under the Disputes clause.However,nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E.Notwithstanding the terms and conditions of paragraphs(A)and(B)above,the maximum amount payable for this AGREEMENT,shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV Endorsement of Plans If applicable,the CONSULTANT shall place their endorsement on all plans,estimates,or any other engineering data furnished by them. • XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit"M-1(a and b)"are the Certifications of the CONSULTANT and the AGENCY,Exhibit"M-2" Certification Regarding Debarment,Suspension and Other Responsibility Matters-Primary Covered Transactions,Exhibit "M-3"Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit"M-4"Certificate of Current Cost or Pricing Data.Exhibit"M-3"is required only in AGREEMENTS over$100,000 and Exhibit"M-4"is required only in AGREEMENTS over$500,000. XVIII Complete Agreement This document and referenced attachments contain all covenants,stipulations,and provisions agreed upon by the parties. No agent,or representative of either party has authority to make,and the parties shall not be bound by or be liable for,any statement,representation,promise or agreement not set forth herein.No changes,amendments,or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts,each of which shall be deemed to be an original having identical legal effect.The CONSULTANT does hereby ratify and adopt all statements,representations, warranties,covenants,and agreements contained in the proposal,and the supporting material submitted by the CONSULTANT,and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. S Page 7 of 8 In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date"box on page one (1) of this AGREEMENT. By ,0 By • Consultant WHPacific, Inc. Agency • • • 1111 DOT Form 140-089 EF Revised 6/05 Page 8 of 8 Exhibit A WHPdUfIC • SCOPE OF SERVICES RENTON MUNICIPAL AIRPORT 820 Building Demolition Project Description of Project The City of Renton proposes the following improvements to the Renton Municipal Airport: 1. The City proposed to demolish the 820 building located on the west side of the airport and north of the airport's maintenance building. The demolition includes the removal of the building from the airport property, removal of hazardous materials from the building, structural changes required due to connection of the building to the adjacent building, modifications to the utilities, and adjustments to the site necessary due to the building removal. The 820 Building was formerly owned by the Boeing Company and utilized as a manufacturing/development building for electronic equipment. The City of Renton acquired the building as part of a lease termination between the City of Renton and the Boeing Company. The existing buildingis in poor shape and is not leasable in its current condition. In addition, the airport would like to see the use of this land on the airport property to be more aviation dependent and provide for opportunities for aircraft to access the building on the site. • Scope of Services The Consultant shall provide the following Specified Services for the Project as described below. All engineering work shall be performed using accepted engineering principles and practices and shall provide quality products that meet or exceed industry standards. Evaluation Phase Services The Consultant shall provide the following services during the evaluation phase of this project. - Review existing documentation for the existing building and site conditions - Develop a project schedule - _ Review existing hazardous materials survey Complete updates/additional work to existing hazardous materials survey as required - Determine requirements for soil remediation under building if necessary - Evaluate existing breezeway between 800 and 820 building and develop options to either remove or retain the breezeway - Evaluate structural options to remove or retain existing piling and pile caps - Evaluate slab subsidence issue with regard to removal and issues related to future slab construction, i.e. how should the site be left after demolition - Locate the existing utilities connecting to the 820 building and their current operational • status to establish demolition needs and "cut and cap" requirements P:\City of Renton\000000\2008 Building Demo\Renton Airport 82o Building Demo 2-12-O8.doc 3350 Monte Villa Parkway, Suite 100 • Bothell, WA 980h • T 425.951.4800 • F 425.951.4808 Fel4.W.Y 10ag9fPcom Scope of Services (cont.) Renton Municipal Airport r� �a� � 820 Building Demolition Project - Determine City of Renton contracting and documentationp rocedures to let Contract for bid • - Prepare base drawings based on existing as-builts provided by the City of Renton - Develop a conceptual level cost estimate - Conduct and participate in a decision workshop atairport to discuss results of analysis of above issues Documentation Development Phase Services The Consultant shall provide the following services during the document development phase of this project. - Prepare Bid Documents to include plans and technical specifications. The disciplines, anticipated to be included are: 1) Architectural 2) Civil 3) Hazardous Materials 4) Structural (if necessary, but assume not required) - . Prepare a demolition permit for review by airport and submit to the City for approval. - Update the construction cost estimate - Prepare the draft construction contract bid package -. Conduct review meeting of bidding documents - Prepare final bid documents and publish 10 copies of final documents - Project to be bid using an on-line bidding service • Bidding Phase Services The Consultant shall provide the following services during the bidding phase of this project. -. Conduct prebid conference - Answer bidding questions during the bid period - Prepare one (1) addendum Construction Phase Services The Consultant shall provide the following services during the construction phase of this project. - Provide construction administration services to include: 1) Conduct a preconstruction conference 2) Attendance at three (3) construction meetings 3) Periodic visits to the job site to observe the Contractor's work 4) Responding.to RFPs (assume a total of 10 RFI's) 5) Prepare pay requests (assume a total of 2 pay requests) 6) Prepare change orders to the Contract (assume a total of 2 change orders) - Provide monitoring of hazardous materials removal as necessary • P:\City of Renton\000000\2008 Building Demo\Renton Airport 820 Building Demo 2-12-08.doc -2- February 13,2008 Exhibit C Electronic Exchange of Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to,the following: I. Surveying,Roadway Design&Plans Preparation Section A. Survey Data B. Roadway Design Files C. Computer Aided Drafting Files D. Specify the Agency's Right to Review Product with the Consultant E. Specify the Electronic Deliverables to Be Provided to the Agency F. Specify What Agency Furnished Services and Information Is to Be Provided II. Any Other Electronic Files to Be Provided III. Methods to Electronically Exchange Data • A. Agency Software Suite B. Electronic Messaging System C. File Transfers Format DOT Form 140-089 EF Exhibit C Revised 6/05 I Exhibit D-3 Payment (Negotiated Hourly Rate) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this • AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor,materials,supplies,equipment,and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. 1. Hourly Rates: The CONSULTANT shall be paid by the.AGENCY for work done,based upon the negotiated hourly rates shown in Exhibit"E"and"F"attached hereto and by this reference made part of this AGREEMENT. The rates listed shall be applicable for the first twelve(12)month period and shall be subject to negotiation for the following twelve(12)month period upon request of the CONSULTANT or the AGENCY. If negotiations are not conducted for the second or subsequent twelve(12)month periods within ninety(90)days after completion of the previous period,the rates listed in this AGREEMENT, or subsequent written authorization(s) from the AGENCY shall be utilized. The rates are inclusive of direct salaries,payroll additives, overhead, and fee. The CONSULTANT shall maintain support data to verify the hours billed on the AGREEMENT. 2. Direct Non-Salary Costs: Direct non-salary costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to,the following items:travel, printing, long distance telephone, supplies, computer charges and fees of sub-consultants. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air,train,and rental car costs) in accordance with the AGENCY'S Travel Rules and Procedures.. However, air,train, and rental car costs shall be reimbursed in accordance with 48 4111Code of Federal Regulations(CFR)Part 31.205-46"Travel Costs."The billing for direct non-salary costs shall include an itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. All above charges must be necessary for the services provided under this AGREEMENT. 3. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs,or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of$100,000 or 10%of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XIV, "Extra Work." 4. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized,and the Management Reserve Fund. The Maximum Total Amount Payable does not. include payment for Extra Work as stipulated in Section XIV,"Extra Work."No minimum amount payable is guaranteed under this AGREEMENT. • DOT Form 140-089 EF Exhibit D-3 Revised 6/05 5. Monthly Progress Payments:Progress payments may be claimed on a monthly basis for all costs authorized in 1 and 2 above. The monthly billing shall be supported by detailed statements for hours expended at the rates established in Exhibit"E",including names and classifications of all employees,and billings for all direct non-salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT'S employees,the AGENCY may conduct employee interviews.These interviews may consist of recording the names,titles, salary rates,and present duties of those employees performing work on the PROJECT at the time of the interview. 6. Final Payment:Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT,contingent upon receipt of all PS&E,plans,maps,notes,reports, electronic data and other related documents which are required to be furnished under this AGREEMENT.Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment,which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not,however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing.will not constitute agreement as to the appropriateness of any item and at the time of fmal audit,all required adjustments will be made and reflected in a fmal payment. In the event that such final audit reveals an overpayment to the CONSULTANT,the CONSULTANT will refund such overpayment to the AGENCY within thirty(30)days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment.The CONSULTANT has twenty(20)days after receipt of the fmal POST AUDIT to begin the appeal process to the AGENCY for audit findings. • 7. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep availablefor inspection by representatives of the AGENCY, STATE and the United States, for a period of three (3)years after receipt of fmal payment,the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of,in connection with, or related to this contract is initiated before the expiration of the three(3)year period,the cost records and accounts shall be retained until such litigation,claim, or audit involving the records is completed. • Exhibit E WHPãIif1C FEE SCHEDULE CITY OF RENTON RENTON MUNICIPAL AIRPORT 820 BUILDING DEMOLITION PROJECT Standard Fee Schedule The compensation of W&H Pacific for work done on the basis of a per diem rate,plus incurred expenses (which may be referred to as"per diem"or"charge rate")will be the sum of all the items set forth below: A. Personnel Services Principal III $180/hour Technician II $80/hour Principal II $170/hour Technician I $70/hour Principal I $160/hour Project Administrator V $75/hour Senior Professional lII $165/hour Project Administrator IV $70/hour Senior Professional II $145/hour Project Administrator III $65/hour Senior Professional I $125/hour Project Administrator II $60/hour Engineer,Planner,Arch/Surveyor V $130/hour Project Administrator I $55/hour Engineer,Planner,Arch/Surveyor IV $120/hour Chief of Parties $110/hour • Engineer,Planner,Arch/Surveyor III $110/hour Field Surveyor V $100/hour Engineer,Planner,Arch/Surveyor II $100/hour Field Surveyor IV $90/hour Engineer,Planner,Arch/Surveyor I $90/hour Field Surveyor III $75/hour Technician V $110/hour Field Surveyor II $60/hour Technician IV $100/hour Field Surveyor I $45/hour Technician III $90/hour Overtime will be billed at 1.50 times. B. Other Direct Costs Subconsultants At cost Outside Materials, Supplies,Reprographics,etc. At cost Travel and Subsistence At cost Mileage(standard vehicle) $0.505/mile Plots $3.00/each 3350 Monte Villa Parkway, Suite 100 • Bothell, WA 98021 • T 425.951.4800 • .F 425.951.4808 • www.whpacific.com A v7 Pacif c CONSULTANT FEE ESTIMATE Client: City of Renton Exhibit E Project: 820 Building Demolition Project •R: . . ? " 4 -`7: -T'x - , 'YS T z c A... - 3' •mss f t.zzy 2 P�1 E --`..L...1/"�a ` L.- A .. , ~�:5 't r P'.:::-":'.,-,:.c,, zs' '`rr :.11.*"l W - ..�sr r { M rh A^ ,till. 1..i'1r PSIu �[c �.;, ,. - z: R ?; ,e 5 �-"A �y . s r kr , t' '..r. � "'"' .0 T 0 *- n r ±�.i,}.. 7�1 �+ - ���.Lt.�� .s �-:fix -.. -3�s'1 r- �l T 's6 a t�`,i� Fa--.•tillL.�j ���� t _ - �, t C''�S ,:l 8 S,.-,,- e'-, _t'2. s .. z - t 'S - t J - a.,-.- + r - W:::-'.%-;''., e�y z ..�-e: ':-: r• - ,71- S.GO cam; " k 6':na [Y i f re- I �s -s.. C r i-,, .- r $' " f n 1.., 1J� fir+'a5L �", 1.0 ADMINISTRATION 0 12 0 0 0 18 0 30 $3,33( 1.01 - Monthly invoices 4 8 1.02 Monthly progress reports 2 2 1.03 Manage and coordination with subs 4 8 1.04 QA/QC 2 2.0 EVALUATION PHASE 0 14 22 0 0 2 0 38 $4,44( 2.01 Initial Site Visit by Key Personnel 4 4 All subconsultants 2.02 _ Review existing data pertinent to the project 2 Aral Jackson 2.03 Develop a Project Schedule 2 Arai Jackson 2 2.04 Verify and complete existing Hazardous Materials Survey Bureau Veritas 2.05 Determine requirements for soil remediation under Bldg. Bureau Veritas 2.06 _ Evaluate Breezeway Structure Berger/ABAM Aral Jackson 2.07 Evaluate exiting piles and pile caps _Berger/ABAM 2.08 Evaluate existing slab with reference to site prep. Berger/ABAM 2.09 Locate Existing Utilities and current status 1 4 - 2.10 Determine City Contracting and documentation 2 . 2.11 Prepare Base drawings based on As-builts Arai Jackson 4 2.12 Prepare Conceptual Cost Estimate 1 4 Roen Associates 2.13 Decision Workshop at Airport to discuss above items 4 4 3.0 DOCUMENTATION PHASE 0 8 32 0 0 12 0 52 $5,10( 3.01 Prepare Bid Documents Architectural Arai Jackson Civil 2 16 Hazardous Materials Bureau Veritas Structural(if necessary) Berger/ABAM 3.02 Apply for Demolition Permit Aral Jackson 40 Contract Documents and Specifications 4 8 8 Bidding Estimate 2 8 4 4.0 BIDDING PHASE 0 8 16 0 0 I 0 I 0 24 $2,76( 4.01 Assist with Prebid Conference _ 4 4 Arai Jackson,Bureau Veritas 4.02 Answer Bid Questions 2 4 All subconsultants 4.03 Prepare Addendum(if necessary) 2 8 All subconsultants 5.0 CONSTRUCTION PHASE 0 22 66 0 0 14 0 102 $10,62( 5.01 Construction Administration services _ Preconstruction Conference 4 4 2 Attendance at(3)construction meetings 12 12 Periodic visits to job site(assume 3 visits for designer) 18 Response to RFI(10) 2 8 4 Prepare Pay Estimate(2) 2 8 4 Prepare Change Order(2) 2 16 4 5.02 Provide monitoring of hazardous materials Bureau Veritas Labor Subtotal 0 64 136 0 0 46 0 246 $26,250 Labor Total: $26,250 EXPENSES: c•52V `.,, x;,,�'_'r''- `` .rte:: "'K`�' .`r-.3'rS ,+ t.MiA "'�"rv1 4 - -_--'`.••�J « '` `'` �'� ` Vat- �a F 'a`' ,M_.:�''. �n ES --�a �-� '3'', 4(:.'',&;t1.;' ; •� �'�.�' ra'.- '.�t�"� L.-Ey �. �.'� � u� f�.� r-`< �� s �'a,. �;�- �aX� ; ,��':�._.���+.� r� ��x•�a+ar�. 2'i?`._^W4''i+„G,-�,'�..rf :. ,.� ;';TE ett itiWk .h r-. r 'E- '' a u 3z-. }^z x 7,i n -3W '.i.. -F ,t- -_ ��.�. M u:;5 � .ls..;t�*�4�„E,.:"£.�'�T2`,t�+,:. ".�w�,s $?`..M.-�.,t:c '_'xY,. ..a '.�'' ..a4'�.a _...r�� f, s:�._it�.�iF�fsi' Mileage 150 $0.505 $76 Plots and Reproductions 30 $3.00 $90 Document copies/Postage 1 $100.00, $100 Publish Contract Documents 10 $75 $750 Expenses Total: $1,016 SUBCONSULTANTS: '"'.( ��f meql'3 �Y,g.�-7.7.....,.�.,yyti, � - * t;kP.i�jRvP WSWM PFS� hs.;-5�'ff �2s � �sWf� ��,•,`»-�`.a .�t BCt)1M 1 S •y .' :. �'�kS.lBGONSbi (�� n.El&as a�A �_.E �xf�,:a(h-� f&`iVi�... �`.4 ��� ���:� - �' � �tf . ` � O Arai Jackson Ellison Murakami (Architect) $30,200.00 1.0 $30,200 Berger/ABAM(Structural Engineer) $6,817.00 1.0 $6,817 Roen Associates(Cost Estimating) $5,990.00 1.0 $5,990 • Bureau Veritas(Hazardous Materials) $22,140.00 1.0 $22,140 Subconsultants Total: $65,147 Project Fee Subtotal: $92,413 Contingency (15%): $13,862 V*-?" * „ fi ;tVV.t 4 � �,S. L� -4-�4iu. F �i11, ''S° ,1 0• ' � :::, e.'..��vz."�tqw �'7kpJ'66: j - -i Vi; s'" + ,' F cti7 �n-. s4 ,N , � "! 3�•� ,r� �:�ruv,' --;�r��._e` z,.�� �f� • 3± . �. .< ,? ,,°.� s � ,s .'"'. ,� P:City of Renton100000012008 Building Demolbuilding Demo Fee Estimate 2 12 08 Exhibit G Subcontracted Work • The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: Arai Jackson,Ellison Murakami Rerger/AB AM Roen Associates Bureau Veritas • • DOT Form 140-089 EF Exhibit G Revised 6/05 s ' Exhibit H Title VI Assurances • During the performance of this AGREEMENT,the CONSULTANT,for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non-discrimination in federally assisted programs of the AGENCY,Title 49,Code of Federal Regulations, Part 21, as they may be amended from time to time(hereinafter referred to as the"REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT,with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub-consultants,Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub-consultant or supplier shall be notified bythe CONSULTANT of the CONSULTANT'S obligations under this PP on- iscrimination on thegrounds of race, color, sex, and the REGULATIONS relative ton d or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issuedpursuant thereto, and shall permit access to its books,records, accounts, other sources of information, and its facilities as may be determined by AGENCY, STAlb or the Federal Highway Administration(FHWA)to be pertinent to ascertain compliance with such REGULATIONS,orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information,the CONSULTANT shall so certify to the AGENCY, STA 1 h or the FHWA as appropriate,and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance:In the event of the CONSULTANT'S non-compliance with the non-discrimination provisions of this AGREEMENT,the AGENCY shall impose such AGREEMENT sanctions as it,the STATE or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and/or; • Cancellation,termination,or suspension of the AGREEMENT, in whole or in part • DOT Form 140-089 EF Exhibit H Revised 6/05 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs(1)through(5) in every sub-contract, including procurement of materials and leases of equipment,unless exempt by the REGULATIONS, or directives issued pursuant thereto.The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the AGENCY, STATE or FHWA may direct as a means oil, enforcing such provisions including sanctions for non-compliance. Provided,however,that in the event a CONSULTANT becomes involved in,or is threatened with, litigation with a sub-consultant or supplier as a result of such direction,the CONSULTANT may request the AGENCY and the STA 1'h enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition,the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. • . • Exhibit 1 Payment Upon Termination of Agreement • By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT.In addition,the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition,the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this • AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. • • DOT Form 140-089 EF Exhibit I Revised 6/05 r ' Exhibit J Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish arocedure to determine if a consultant's alleged designerror is of a • P g nature that exceeds the accepted standard of care.In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 —Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s),the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects,the Region Highways and Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager,who has not been as directly involved in the project,to be responsible for the remaining steps in these procedures.) Step 2-Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s)and the magnitude of the alleged error(s),and with the Director of Public Works or Agency Engineer's concurrence,the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs,records of labor,materials and equipment. Step 3 —Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project• manager to contact the consultant regarding the alleged design error(s)and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel(including sub-consultants) deemed appropriate for the alleged design error(s) issue. Step 4—Attempt to Resolve Alleged Design Error with Consultant After the meeting(s)with the consultant have been completed regarding the consultant's alleged design error(s),there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case,then the process will not proceed beyond this point. • It is determined via mutual agreement that a consultant design error(s)occurred. If this is the case,then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide H&LP,through the Region DOT Form 140-089 EF Exhibit J Revised 6/05 Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements.No further action is required. 41) • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer,after review with their legal counsel, is not able to reach mutual agreement with the consultant,proceed to Step 5. Step 5— Forward Documents to Highways and Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Highways and Local Programs Engineer to H&LP for their review and consultation with the FHWA. H&LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary,H&LP will request assistance from the Attorney General's Office for legal interpretation.H&LP will also identify how the alleged error(s)affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached,the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. H&LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached,the agency and consultant may seek settlement by arbitration or by litigation. • • Exhibit K Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s)on a consultant agreement. The followin procedures should only be utilized on consultant claims greater than$1,000. If the consultant's claim(s)are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s)that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1—Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work,they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars,overhead costs,profit and reimbursable costs associated with the additional work;and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2—Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1,the next step in the process is to forward the r ue `to th) Agency's project manager. The project manager will review the consultant's claim ands. ill metwh the Director of Public Works or Agency Engineer to determine if the Agency agrees with thainmIf the FHWA is participating in the project's funding,forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation,payment will need to be from agency funds. If the Agency project manager,Director of Public Works or Agency Engineer,.WSDOT Highways and Local Programs(if applicable), and FHWA(if applicable)agree with the consultant's claim,send a request memo, including backup documentation to the consultant to either supplement the agreement,or create a new agreement for the claim. After the request has been approved,the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit.No further action in needed regarding the claim procedures. 11111 DOT Form 140-089 EF Exhibit K Revised 6/05 If the Agency does not agree with the consultant's claim,proceed to step 3 of the procedures. Step 3 —Preparation of Support Documentation Regarding Consultant's Claim(s). • If the Agency does not agree with the consultant's claim,the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars,overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4—Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Pubic Works or Agency Engineer shall review and administratively approve or • disapprove the claim, or portions thereof,which may include getting Agency Council or Commission approval(as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Highways and Local Programs and FHWA regarding fmal settlement of the claim.If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5—Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify(in writing)the consultant of their fmal decision regarding the consultant's claim(s).Include the fmal dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6—Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the fmal payment for the agreement is subject to audit. • Exhibit M-1(a) Certification Of Consultant Project No. 41) Local Agency I hereby certify that I am Director of Transportation and duly authorized representative of the firm of WHPacific,Inc. whose address is 3350 Monte Villa Parkway,Bothell,WA 98021 and that neither I nor the above firm I here represent has: (a) Employed or retained for a commission,percentage,brokerage, contingent fee, or other consideration,any firm or person(other than a bona fide employee working solely for me or the above CONSULTANT)to solicit or secure the AGREEMENT; (b) Agreed,as an express or implied condition for obtaining this contract,to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or (c) Paid,or agreed to pay,to any firm, organization or person(other than a bona fide employee working solely for me or the above CONSULTANT)any fee,contribution, donation,or consideration of any kind for,or in connection with,procuring or carrying out this AGREEMENT; except as hereby expressly stated(if any); I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration,U.S.Department of Transportation in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is • subject to applicable State and Federal laws,both criminal and civil. Date Signature 41) DOT Form 140-089 EF Exhibit M-1(a) Revised 6/05 Exhibit M-1(b) Certification Of Agency Official • i hereby certify that I am the AGENCY Official of the Local Agency of City of Renton Washington,and that the consulting firm or its representative has not been required,directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: (a) Employ or retain, or agree to employ to retain, any firm or person; or (b) Pay, or agree to pay,to any firm, person, or organization, any fee,contribution, donation, or consideration of any kind; except as hereby expressly stated(if any): I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration,U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal-aid highway funds,and is subject to applicable State and Federal laws,both criminal and civil. Date Signature • • DOT Form 140-089 EF Exhibit M-1(b) Revised 6105 Exhibit M-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions • I. The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals: A. Are not presently debarred, suspended,proposed for debarment, declared ineligible,or voluntarily excluded from covered transactions byany federal department or agency; B. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(federal, state,or local)transaction or contract under a public transaction;violation of federal or state antitrust statues or commission of embezzlement,theft,forgery, bribery, falsification or destruction of records,making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local)with commission of any of the offenses enumerated in paragraph(I)(B). of this certification; and D. Have not within a three(3)year period preceding this application/proposal had one or more public transactions(federal,state, or local)terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. • Consultant(Firm): WHPacific,Inc. Z l 13/Og (Date) (Sig ure)President or Authorized Official of Consultant i DOT Form 140-089 EF Exhibit M-2 Revised 6/05 u Exhibit M-3 Certification Regarding The Restrictions II/ of The use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that: 1. No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee,of any Federal agency, a member of Congress,an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,renewal, amendment,or modification of any Federal contract, grant,loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress,or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL; "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31, U.S. Code. Any person who. • fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant(Firm): WHPacific,Inc. Z /1 3/08 R���� (Date) (Sig President or Authorized Official of Consultant • DOT Form 140-089 EF Exhibit M-3 Revised 6/05 Exhibit M-4 Certificate of Current Cost or Pricing Data This is to certifythat,to the best of • t, my knowledge and belief,the cost or pricing data(as defined in section 15.401 of the Federal Acquisition Regulation(FAR)and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing,to the contracting officer or to the contracting officer's representative in support of e2.o ��;��<<„ Dc,ti,,o * are accurate,complete, and current as of 2 113 /De **. This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal. Firm WFIPacific, Inc. Name pr4v tl..t.1/Arty,. s Title p i R 6;c.r ox sPo(L-rA?ioni Date of Execution*** 1-113/08 * Identify the proposal, quotation,request for price adjustment, or other submission involved, giving the appropriate identifying number(e.g.,RFP No.). ** Insert the day,month, and year when price negotiations were concluded and price agreement • was reached. *** Insert the day,month, and year of signing,which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. DOT Form 140-089 EF Exhibit M-4 Revised 6/05 CITY OF RENTON COUNCIL AGENDA BILL 0 r AI#: 7 ( r . • Submitting Data: Public Works Department For Agenda of: Dept/Div/Board.. Transportation Systems Division May 5, 2008 Staff Contact Ryan Zulauf, Airport Manager Agenda Status (7471) Consent X Subject: Public Hearing.. Correspondence.. FAA Grant Acceptance - Runway 15/33 Resurfacing Ordinance Design Phase II Resolution X Old Business Exhibits: New Business X Issue Paper Study Sessions Resolution Information FAA Grant and Grant Assurances Recommended Action: Approvals: Legal Dept X Council Concur Finance Dept Other Fiscal Impact: (422.000.000.3310.20.10.000/a25096/1001/2026/3002) iiiExpenditure Required... $ 76,950 Transfer/Amendment... Amount Budgeted Revenue Generated.. $73,102 Total Project Budget $1,489,627 (2008) City Share Total Project. $ 3,848 SUMMARY OF ACTION: The Federal Aviation Administration has offered a grant in the amount of$73,102, to complete the design and engineering portion of the Airport Runway 15/33 Resurfacing project. The Airport contracted with URS Corporation under contract CAG-07-163, for Phase I of the design for the Airport Runway 15/33 Resurfacing project. Phase I was for 50 percent of the design and engineering of the project. Addendum 1-07, to the URS contract, was executed in the amount of$76,950, for Phase II of the project, to complete the design and engineering portion. Pavement design and engineering are needed in order to develop cost estimates and bid preparation documents prior to going out to bid. This paving project will go to construction in 2009, assuming federal funds are available. The project design and scheduling will be coordinated from the beginning with Airport tenants, including The Boeing Company, in an effort to minimize disruptions to flight operations. The 2008 budget for this project is $1,489,627. STAFF RECOMMENDATION: Accept the Federal Aviation Administration grant offer in the amount of$73,102 to complete the • design and engineering portion of the Runway 15/33 Resurfacing project and authorize the Mayor and City Clerk to sign the federal grant application and grant assurances. H:Division/Trans ortation/Admin/A enda Bill 2008/FAA grant accept h II O PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: May 5, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayor fel-' FROM: Gregg ZimmermarVAeninistrator STAFF CONTACT: Ryan Zulauf, Airport Manager(x7471) SUBJECT: FAA Grant Acceptance - Runway 15/33 Resurfacing Design Phase II ISSUE: Should Council accept a grant offer from the Federal Aviation Administration in the amount of $73,102 to complete the design and engineering portion of the Runway 15/33 Resurfacing • project? RECOMMENDATION: Accept the Federal Aviation Administration grant offer in the amount of$73,102 to complete the design and engineering portion of the Runway 15/33 Resurfacing project and authorize the Mayor and City Clerk to sign the federal grant application and grant assurances. BACKGROUND SUMMARY: Runway 15/33 has a significant "dip" in the southern half of the runway pavement and several smaller dips in the northern end of the runway pavement. The Federal Aviation Administration offered a grant in 2007 in the amount of$149,646 to complete Phase I of the pavement design and engineering portion. They are now offering a grant in the amount of $73,102 to complete Phase II of the pavement design and engineering portion. Pavement design and engineering are needed in order to develop cost estimates and bid preparation documents prior to going out to bid. This paving project will go to construction in 2009. The project design and scheduling will be coordinated from the beginning with Airport tenants, including The Boeing Company, in an effort to minimize disruptions to flight operations. The 2008 budget for this project is $1,489,627. cc: Peter Hahn, Deputy PW Administrator - Transportation Ryan Zulauf, Airport Manager Connie Brundage, Transportation Administrative Secretary Susan Campbell-Hehr/Carolyn Currie, Airport Secretary H:\Division.s\TRANSPOR.TAT\ADMIN\Agenda 2008\FAA grant accept ph II_issue paper.doc CITY OF RENTON, WASHINGTON • RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FEDERAL AVIATION ADMINISTRATION'S FEDERAL GRANT APPLICATION AND GRANT ASSURANCES AND ACCEPT THE GRANT TO FUND PHASE II OF THE DESIGN AND ENGINEERING PORTION OF THE RUNWAY 15/33 RESURFACING PROJECT. WHEREAS, Runway 15/33 has a significant "dip" in the southern half of the runway pavement and several smaller dips in the northern end of the runway pavement; and WHEREAS, the Federal Aviation Administration (FAA) offered a grant in 2007, in the amount of$149,646 to complete Phase I of the pavement design and engineering portion; and WHEREAS, the FAA offered a grant in the amount of$73,102 to complete Phase II of • the pavement design and engineering portion; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The City Council does hereby authorize the Mayor and City Clerk to execute the Federal Aviation Administration's Federal Grant Application and Grant Assurances and accept the grant to fund Phase II of the design and engineering portion of the Runway 15/33 Resurfacing Project. PASSED BY THE CITY COUNCIL this day of , 2008. •Bonnie I. Walton, City Clerk 1 RESOLUTION NO. APPROVED BY THE MAYOR this day of 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1336:4/17/08:scr • • 2 APPLICATION FOR 2. DATE SUBMITTED Applicant Identifier FEDERAL ASSISTANCE 04/07/08 FAA AIP 3-53-0055-018 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier Application Preapplication 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier El Construction 0 Construction ❑ Non-Construction 0 Non-Construction 5. APPLICANT INFORMATION Legal Name: Organizational Unit: City of Renton, Washington Department: Planning, Building, Public Works Organizational DUNS: Division: Transportation Systems Division Address: Name and telephone number of person to be contacted on Street: 1055 South Grady Way matters involving this application(give area code) Prefix: Mr. First Name: Ryan City: Renton Middle Name: County: King Last Name: Zulauf State: WA Zip Code: 98055-3232 Suffix: Country: USA Email: rzulauf@ci.renton.wa.us 6. EMPLOYER IDENTIFICATION NUMBER EIN): Phone number(give area code): FAX number(give area code): 9 1 - 6 0 0 1 2 7 1 425-430-7471 425-430-7472 8. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back of form for Application Types) ® New 0 Continuation 0 Revision C Other(specify) If Revision,enter appropriate letter(s)in box(es): (See back of form for description of letters) 9. NAME OF FEDERAL AGENCY Federal Aviation Administration "FAA" Other(specify) 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER Runway 15/33 Resurfacing Project: (Involves 2 0 - 1 0 6 the asphalt overlay of a portion of an existing • TITLE: Airport Improvement Program runway and related improvements) 12. AREAS AFFECTED BY PROJECT(cities,counties,states,etc.): Contained within Airport Boundary 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF Start Date Ending Date a. Applicant b. Project May 2008 September 2009 9th District-A. Smith 9th District-A. Smith 15. ESTIMATED FUNDING 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS a. Federal $ 76,950 .00 a.Yes. 0 THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 b. Applicant $ .uu PROCESS FOR REVIEW ON c. State $ .uu DATE: d. Local $ .uu b.No. ® PROGRAM IS NOT COVERED BY E.O.12372 e. Other $ .00 0 OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW f. Program income $ -uu 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g. TOTAL $ 76,950 .00 ❑Yes If"Yes"attach an explanation ® No 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF,ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT,THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Authorized Representative Prefix Mr. First Name Ryan Middle Name Last Name Zulauf Suffix b.Title Airport Manager, Renton Municipal Airport c.Telephone number(give area code) 425-430-7471 d.Signature of Authorized Representative e.Date Signed 04/07/08 Previous Editions Not Usable Standard Form 424 (Rev.9-2 Authorized for Local Reproduction Prescribed by OMB Circular A-102 INSTRUCTIONS FOR THE SF 424 Public reporting burden for this collection of information is estimated to average 45 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the ice of Management and Budget,Paperwork Reduction Project(0348-0043),Washington,DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. This is a standard form used by applicants as required facesheet for preapplications and applications submitted for Federal assistance. It will be used by Federal agencies to obtain applicant certification that States which have established a review and comment procedure in response to Executive Order 12372 and have selected the program to be included in their process,have been given an opportunity to review the applicant's submission. Item Entry: Item Entry: 1. Select Type of Submission. 11. Enter a brief descriptive title of the project. If more than one program is involved, you should append an explanation on a separate sheet. If appropriate (e.g. construction or real property projects), attach a map showing project location. For preapplications, use a separate sheet to provide a summary description of this project. 2. Date application submitted to Federal agency(or State if 12. List only the largest political entities affected(e.g.,State, counties, applicable)&applicant's control number(if applicable). cities). 3. State use only(if applicable) 13. Enter the proposed start date and end date of the project. 4. Enter Date Received by Federal Agency 14. List the applicant's Congressional District and any District(s) Federal identifier number: If this application is a continuation or affected by the program or project. revision to an existing award,enter the present Federal Identifier number. If for a new project,leave blank. 5. Enter legal name of applicant, name of primary organizational 15. Amount requested or to be contributed during the first unit (including division, if applicable), which will undertake the funding/budget period by each contributor. Value of in-kind assistance activity, enter the organization's DUNS number contributions should be included on appropriate lines as (received from Dun and Bradstreet), enter the complete address applicable. If the action will result in a dollar change to an existing 0 of the applicant (including country), and name, telephone award,indicate only the amount of the change. For decreases, number, e-mail, and fax of the person to contact on matters enclose the amounts in parentheses. If both basic and related to this application. supplemental amounts are included,show breakdown on an attached sheet. For multiple program funding,use totals and show breakdown using same categories as item 15. 6. Enter Employer Identification Number(EIN)as assigned by the 16. Applicants should contact the State Single Point of Contact Internal Revenue Service. (SPOC)for Federal Executive Order 12372 to determine whether the application is subject to the State intergovernmental review process. 7. Enter the appropriate letter 17. This question applies to the applicant organization, not the in the space provided. I. State Controlled person who signs as the authorized representative. Categories A. State Institution of Higher of debt include delinquent audit disallowances,loans and taxes. B. County Learning C. Municipal J. Private University D. Township K. Indian Tribe E. Interstate L. Individual F. Intermunicipal M. Profit Organization G. Special District N. Other(Specify) H. Independent School O. Not for Profit Organization District 8. Select type from the following list: 18. To be signed by the authorized representative of the applicant. A copy of the governing body's authorization for you to sign this • "New"means a new assistance award. application as official representative must be on file in the • "Continuation"means an extension for an additional applicant's office. (Certain Federal agencies may require that this funding/budget period for a project with a projected authorization be submitted as part of the application.) completion date. • "Revision"means any change in the Federal Government's financial obligation or contingent liability from an existing obligation. If a revision enter the appropriate letter: A.Increase Award B.Decrease Award C. Increase Duration D. Decrease Duration 9. Name of Federal agency from which assistance is being • requested with this application. Use the Catalog of Federal Domestic Assistance number and title of the program under which assistance is requested. SF-424(Rev. 7-97)Back U.S.DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO.2120-0569 PART II PROJECT APPROVAL INFORMATION SECTION A 11111 Item 1 Name of Governing Body Does this assistance request require State, Priority local, regional,or other priority rating? EYes No Item 2. Name of Agency or Board Does this assistance request require State, local (Attach Documentation) advisory, educational or health clearances? EYes No (Attach Comments) Item 3 Does this assistance request require clearinghouse review in accordance with OMB Circular A-95? EYes®No Item 4 Name of Approving Agency Does this assistance request require State, local, Date regional or other planning approval? EYes No Check One: State 0 Item 5. Local 0 Is the proposed project covered by an approved Regional 0 comprehensive plan? EYes No Location of plan • Item 6. Name of Federal Installation Will the assistance requested serve a Federal Federal Population benefiting from Project installation? EYes®No Item 7 Name of Federal Installation Will the assistance requested be on Federal land Location of Federal Land or installation? Percent of Project EYes No See instructions for additional information to be provided. Item 8 Will the assistance requested have an impact or effect on the environment? EYes®No Number of: Item 9. Individuals Will the assistance requested cause the displacement of Families individuals,families, businesses, or farms? Businesses ['Yes No Farms See instructions for additional information to be provided. Item 10. Is there other related Federal assistance on this project previous, pending, or anticipated? 11111 EYes No FAA Form 5100-100(6-73)SUPERSEDES FM FORM 5100-10 PAGES 1 THRU 7 Page 2 • INSTRUCTIONS PART II SECTION A Negative answers will not require an explanation unless the Federal agency requests more information at a later date. Provide 0Itempplementary data for all"Yes"answers in the space provided in accordance with the following instructions. em 1.—Provide the name of the governing body 6.—Show the Federal population residing or working establishing the priority system and the priority rating on the federal installation that will benefit from this project. assigned to this project. Item 7.—Show the percentage of the project work that will Item 2.—Provide the name of the agency or board which be conducted on federally-owned or leased land. Give the issued the clearance and attach the documentation of name of the Federal installation and its location. status or approval. Item 8.—Briefly describe the possible beneficial and/or Item 3.—Attach the clearinghouse comments for the harmful impact on the environment because of the pro- application in accordance with the instructions contained in posed project. If an adverse environmental impact is anti- Office of Management and Budget Circular No.A-95. If cipated, explain what action will be taken to minimize the comments were submitted previously with a preapplication, impact. Federal agencies will provide separate instructions do not submit them again but any additional comments if additional data is needed. received from the clearinghouse should be submitted with this application. Item 9.—State the number of individuals,families, busi- nesses,or farms this project will displace. Federal Item 4.—Furnish the name of the approving agency and agencies will provide separate instructions if additional the approval date. data is needed. Item 5.—Show whether the approved comprehensive plan Item 10.—Show the Federal Domestic Assistance Catalog is State, local or regional,or if none of these,explain the number,the program name,the type of assistance,the scope of the plan. Give the location where the approved status,and amount of each project where there is related plan is available for examination and state whether this previous, pending,or anticipated assistance. Use project is in conformance with the plan. additional sheets, if needed. Paperwork Reduction Act Statement:The information collected on this form allows sponsors of public use airports or public agencies to apply for one or more projects in a form prescribed by the Secretary of Transportation. itle 49, United States Code(U.S.C.),Section 47105,identifies the information required to apply for this program.The forms prescribed to meet requirement are developed to provide a comprehensive format that allows sponsors to provide the data needed to evaluate the request for ds.The burden for each response is estimated to be 28 hours.Approved applications benefit the sponsor by providing Federal funding to protect the Federal interest in safety,efficiency,and utility of the Nation's airport system.No assurance of confidentiality can be given since these become public records.If you wish to make any comments concerning the accuracy of this burden estimate or any suggestions for reducing this burden,send to Federal Aviation Administration,ARP-10,800 Independence AVE,SW,Washington,DC 20591.Please note that an agency may not conduct or sponsor,and a person is not required to respond to,a collection of information unless it displays a currently valid OMB control number,which is 2120-0569 for this collection. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at:800 Independence Ave SW,Washington,DC 20591,Attn:Information Collection Clearance Officer,ABA-20 1 III U.S.DEPARTMENT OF TRANSPORTATION-FEDERAL AVIATION ADMINISTRATION OMB NO.2120-0569 PART II—SECTION C The Sponsor hereby represents and certifies as follows: • 1. Compatible Land Use. —The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: The proposed improvements are contained within the existing airport boundary and will have no discernable impact on the amount of aircraft operations and will not alter flight paths or land usage near the airport. The sponsor is currently updating the Airport Layout Plan and has an active memorandum of understanding with a neighboring community related to airport noise. 2. Defaults. —The Sponsor is not in default on any obligation to the United States or any agency of the United States Government relative to the development, operation, or maintenance of any airport, except as stated herewith: Not Applicable. 3. Possible Disabilities. —There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending • litigation or other legal proceedings)which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: Not Applicable. 4. Land.—(a) The sponsor holds the following property interest in the following areas of land*which are to be developed or used as part of or in connection with the Airport subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit"A": All proposed improvements are within the existing airport boundary. *State character of property interest in each area and list and identifyfor each all exceptions, encumbrances, and • p p Y adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100-100(4-76) Page 3a U.S.DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO.2120-0569 PART II—SECTION C (CONTINUED) 0e Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company d that such attorney or title company has determined that the Sponsor holds the above property interests. (b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land*on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit"A": No property acquisition is required. All proposed improvements are within the existing airport boundary. (c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land*which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit"A": No property aquistion is required. All proposed improvements are within the existing airport boundary. III 1 1 1 1 5. Exclusive Rights.—There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: Not Applicable. *State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land OAed only be identified here by the area numbers shown on the property map. A Form 5100-100(4-76) Page 3b 1 U.S.DEPARTMENT OF TRANSPORTATION-FEDERAL AVIATION ADMINISTRATION OMB NO.2120-0569 PART III—BUDGET INFORMATION -CONSTRUCTION SECTION A-GENERAL 1. Federal Domestic Assistance Catalog No. . . . . 2. Functional or Other Breakout. SECTION B -CALCULATION OF FEDERAL GRANT Use only for revisions Cost Classification Latest Approved Adjustment+or(-) Total Amount Amount Required 1. Administration Expense $ $ $ 2. Preliminary Expense 3. Land, structures, right-of-way 4. Architectural engineering basic fees 76,950 5. Other architectural engineering fees 6. Project inspection fees 7. Land development 8. Relocation Expenses 9. Relocation payments to individuals and businesses 10. Demolition and removal 11. Construction and project improvement • 12. Equipment 13. Miscellaneous 14. Total (Lines 1 through 13) 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) 17. Less: Ineligible Exclusions 18. Add: Contingencies 19. Total Project Amt. (Excluding Rehabilitation Grants) 76,950 20. Federal Share requested of Line 19 73,102 21. Add Rehabilitation Grants Requested (loo percent) 22. Total Federal grant requested (Lines 20&21) 73,102 23. Grantee share 3,848 24. Other shares 25. Total project (Lines 22, 23, &24) $ $ $ 76,950 FAA FORM 5100-100(6-73)SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 4 • INSTRUCTIONS ' PART III SECTION A. GENERAL 1. Show the Federal Domestic Assistance Catalog Number However, show the total amounts for all programs in Section B from which the assistance is requested. When more than of the basic application form. ne program or Catalog Number is involved and the amount nnot be distributed to the Federal grant program or catalog 2. Show the functional or other categorical breakouts, if umber on an over-all percentage basis,prepare a separate required by the Federal grantor agency. Prepare a separate set of Part III forms for each program or Catalog Number. set of Part III forms for each category. SECTION B. CALCULATION OF FEDERAL GRANT When applying for a new grant, use the Total Amount Column only. When requesting revisions of previously awarded amounts, use all columns. Line 1,-Enter amounts needed for administration expenses Line 12-Enter amounts for equipment both fixed and movable including such items as travel,legal fees, rental of vehicles exclusive of equipment used in construction. For example, and any other expense items expected to be incurred to include amounts for permanently attached laboratory tables, administer the grant. Include the amount of interest expense built-in audio visual systems, movable desks,chairs,and when authorized by program legislation and also show this laboratory equipment. amount under Section E Remarks. Line 13-Enter amounts for items not specifically mentioned Line 2-Enter amounts pertaining to the work of locating and above. designing, making surveys and maps, sinking test holes,and Line 14-Enter the sum of Lines 1-13. all other work required prior to actual construction. Line 15-Enter the estimated amount of program income that will be earned during the grant period and applied to the Line 3-Enter amounts directly associated with the acquisition program. of land,existing structures, and related right-of-way. Line 16-Enter the difference between the amount on Line 14 Line 4-Enter basic fees for architectural engineering services. and the estimated income shown on Line 15. Line 5-Enter amounts for other architectural engineering Line 17-Enter the amounts for those items which are a part of services,such as surveys,tests,and borings. the project but not subject to Federal participation(See Section C, Line 26g, Column(1)). Line 6-Enter fees for inspection and audit of construction and related programs. Line 18-Enter the estimated amount for contingencies. Compute this amount as follows. Subtract from the net project eke 7-Enter amounts associated with the development of amount shown on Line 16 the ineligible project exclusions d where the primary purpose of the grant is land shown on Line 17 and the amount which is excluded from the improvement. Site work normally associated with major contingency provisions shown in Section C, Line 26g, Column construction should be excluded from this category and shown (2). Multiply the computed amount by the percentage factor on line 11. allowed by the grantor agency in accordance with the Federal program guidance. For those grants which provide for a fixed Line 8-Enter the dollar amounts needed to provide relocation dollar allowance in lieu of a percentage allowance,enter the advisory assistance,and the net amounts for replacement(last dollar amount of this allowance. resort)housing. Do not include relocation administration expenses on this Line; include them on Line 1. Line 19-Show the total amount of Lines 16, 17, and 18. (This is the amount to which the matching share ratio pre-scribed in Line 9-Enter the estimated amount of relocation payments to program legislation is applied.) be made to displaced persons, business concerns and non- profit organizations for moving expenses and re-placement Line 20-Show the amount of Federal funds requested housing. exclusive of funds for rehabilitation purposes. Line 10-Enter the gross salaries and wages of employees of Line 21 -Enter the estimated amounts needed for rehabili- the grantee who will be directly engaged in performing tation expense if rehabilitation grants to individuals are made demolition or removal of structures from developed land. This for which grantees are reimbursed 100 percent by the Federal line should show also the cost of demolition or removal of grantor agency in accordance with program legislation. If the improvements on developed land under a third party contract. grantee shares in part of this expense show the total amount Reduce the costs on this line by the amount of expected on Line 13 instead of on Line 21 and explain in Section E. proceeds from the sale of salvage, if so instructed by the Federal grantor agency. Otherwise, show the proceeds on Line 22-Show the total amount of the Federal grant re- Line 15. quested. Line 11 -Enter amounts for the actual construction of, addition Line 23-Show the amount from Section D, Line 27h. to, or restoration of a facility. Also include in this category the amounts of project improvements such as sewers, streets, Line 24-Show the amount from Section D, Line 28c. edscaping and lighting. Line 25-Self-explanatory. U.S.DEPARTMENT OF TRANSPORTATION-FEDERAL AVIATION ADMINISTRATION OMB NO.2120-0569 SECTION C - EXCLUSIONS Ineligible for Excluded from • Participation Contingency Provision 26. Classification (1) (2) a. $ $ b.. c. d. e. f. g. Totals SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share $ a.Securities b.Mortgages c.Appropriations(By Applicant) d.Bonds e.Tax Levies f.Non Cash' g.Other(Explain)Airport Lease Revenue 3,8* h.TOTAL—Grantee share 3,848 28. Other Shares a.State b.Other c.Total Other Shares 29. TOTAL $ 76,950 SECTION E - REMARKS PART IV PROGRAM NARRATIVE (ATTACH—SEE INSTRUCTIONS) FAA Form 5100-100(6-73)SUPERSEDES FM FORM 5100-10 PAGES 1 THRU 7 PAGE 5 4111 INSTRUCTIONS PART III SECTION C. EXCLUSIONS Line 27h-Show the total of Lines 27 a-g. This amount must equal 10the amount shown in Section B, Line 23. e 26 a-g- Identify and list those costs in Column(1)which Line 28a-Show the amount that will be contributed by a State or are part of the project cost but are not subject to Federal state agency,only if the applicant is not a State or state agency. If participation because of program legislation or Fed there is a noncash contribution, explain what the contribution will eral grantor agency instructions. The total amount on Line g consist of under Section E Re marks. should agree with the amount shown on Line 17 of Section B, Show in Column (2)those project costs that are subject Line 28b-Show the amount that will be contributed from other to Federal participation but are not eligible for inclusion in the sources. If there is a noncash contribution, explain what the amount used to compute contingency amounts as provided contribution will consist of under Section E Re-marks. in the Federal grantor agency instructions. Line 28c-Show the total of Lines 28a and 28b. This amount must Section D. PROPOSED METHOD OF FINANCING be the same as the amount shown in Section B, Line 24. NON-FEDERAL SHARE Line 29-Enter the totals of Line 27h and 28c. Line 27 a-g-Show the source of the grantee's share. If SECTION E. OTHER REMARKS cash is not immediately available specify the actions com- pleted to date and those actions remaining to make cash Make any remarks pertinent to the project and provide any other available under Section E Remarks. Indicate also the period information required by these instructions or the grantor agency. of time that will be required after execution of the grant Attach additional sheets, if necessary. agreement to obtain the funds. If there is a noncash contribution, explain what this contribution will consist of. III III PART IV PROGRAM NARRATIVE (Suggested Format) U.S.DEPARTMENT OF TRANSPORTATION-FEDERAL AVIATION ADMINISTRATION OMB NO.2120-056 PROJECT: Runway 15/33 Resurfacing Project AIRPORT: Renton Municipal Airport (RNT) - Renton, Washington 1. Objective: The objective of this project is to rehabilitate a portion of the runway pavement that has reached the end of its design life and poses a safety hazard. The existing pavement condition was documented in a detailed pavement condition report prepared by AP Tech in February of 2006. The runway slated for improvement is the only runway serving a large commercial aircraft assembly plant. THIS APPLICATION IS FOR A PORTION OF THE DESIGN FEES -NOT CONSTRUCTION. 2. Benefits Anticipated: Pavements in poor condition may generate Foreign Object Debris (FOD) which poses a safety hazard to aircraft using the runway. Rehabiliating the pavement with a timely ashphalt overlay is a cost-effective way to mitigate this potential risk. In addition,resurfacing the runway will improve its ride quality and provide an increased margin of safety during inclimate weather by improving the cross slopes to promote drainage and adding saw-cut grooves for improved traction during braking. 3. Approach: (See approved Scope of Work in final Application) This is a relatively simple construction project requiring only common construction techniques. The approach is to overlay the existing runway with asphalt in brief phases to avoid and minimize impacts on the deliveries of aircraft by a large commercial aircraft manufacturer that relies on the runway. 4. Geographic Location: The pavement rehabilition is to occur on the sole runway in the center of the Renton Municipal Airport in Renton, Washington, about ten miles south of Seattle,Washington. 5. Justification for Force Account Work: (if applicable) 6: Sponsor's Representative: (incl. address& tel. no.) Mr. Ryan Zulauf Airport Manager 616 West Perimeter Road, Unit A Renton, WA 98055 425-430-7471 4111 rzulauf@ci.renton.wa.us FAA Form 5100-100(6-73)SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 PAGE 6 INSTRUCTIONS PART IV PROGRAM NARRATIVE Ilkrepare the program narrative statement in accordance with the following instructions for all new grant programs. Requests for upplemental assistance should be responsive to Item 5b only. Requests for continuation or refunding or other changes of an approved project should be responsive to Item 5c only. 1. OBJECTIVES AND NEED FOR THIS ASSISTANCE. 4. GEOGRAPHIC LOCATION. Pinpoint any relevant physical,economic,social,financial, Give a precise location of the project and area to be served by institutional,or other problems requiring a solution. the proposed project. Maps or other graphic aids may be attached. Demonstrate the need for assistance and state the principal and subordinate objectives of the project. Supporting 5. IF APPLICABLE, PROVIDE THE FOLLOWING documentation or other testimonies from concerned INFORMATION: interests other than the applicant may be used. Any relevant data based on planning studies should be included a. Describe the relationship between this project and other work or footnoted. planned, anticipated,or underway under the Federal Assistance 2. RESULTS OR BENEFITS EXPECTED. listed under Part II, Section A, Item 10. b. Explain the reason for all requests for supplemental Identify results and benefits to be derived. For example, assistance and justify the need for additional funding. include a description of who will occupy the facility and show how the facility will be used. For land acquisition or c. Discuss accomplishments to date and list in chronological development projects, explain how the project will benefit order a schedule of accomplishments, progress or milestones the public. anticipated with the new funding re-quest. If there have been 3. APPROACH significant changes in the project objectives, location, approach or time delays, explain and justify. For other requests for changes or amendments,explain the reason for the change(s). If a. Outline a plan of action pertaining to the scope and the scope or objectives have changed or an extension of time is detail of how the proposed work will be accomplished for necessary,explain the circumstances and justify. If the total each grant program. Cite factors which might accelerate or budget has been exceeded or if individual budget items have decelerate the work and your reason for taking this approach changed more than the prescribed limits contained in Attachment as opposed to others. Describe any unusual features of K, Office of Management and Budget Circular No.A-102, explain iie project such as design or technological innovations, and justify the change and its effect on the project. ductions in cost or time,or extraordinary social and community involvements. b. Provide each grant program monthly or quarterly quantitative projections of the accomplishments to be achieved, if possible. When accomplishments cannot be quantified, list the activities in chronological order to show the schedule of accomplishments and their target dates. c. Identify the kinds of data to be collected and main- tained, and discuss the criteria to be used to evaluate the results and success of the project. Explain the methodology that will be used to determine if the needs identified and discussed are being met and if the results and benefits identified in Item 2 are being achieved. d. List each organization, cooperator,consultant,or other key individuals who will work on the project along with a short description of the nature of their effort or contribution. III CIP/PREAPPLICATION DATA SHEET AIR -T: EXAMPLE LOCAL PRIORITY: UPDATED: De' •tuber, 1994 WOR EM: East Apron Reconstruction III SKETCH: / 1 " 40 8N East Apron Reconstruction 0 AN` *i''''''-ri--- 0*(> 11P4L, ' O, East Apron Reconst ruction 0' 500' 1000' 2000'4Itfr I r-bcareett JUSTIFICATION: The East Ramp supports all general . ation (GA), busines .nd Part 135 operators. The existing asphalt is deteriorating. It is severe cracked and weathere• :nd the PCI index of 40. The entire apron needs major reconstruction SPONSOR SIGNATURE: DATE: COST ESTIMATE: Ite xcavation, Paving, etc.) ADMINISTRATION: $ .• 1 Construction $ 824,500 4: $ ENGINEERING: 0 100,000 2: $ 5: $ INSPECTIO . $ 750,000 3: $ TOTA ' $1,000.000 ADO USE: PREAPP GRANT NPIAS WORK FAA NO: NO: CODE: CODE: PRIOR: F- ' $ III • • CIP/PREAPPLICATION DATA SHEET AIRPORT: RNT LOCAL PRIORITY: UPDATED: 04/07/08 WORK ITEM: Runway 15/33 Resurfacing Project •SKETCH: EXISTING RUNWAY 15-33 (TO BE REDESIGNED AS 16-34) f) , k /-7:` - ° Y.- ° ° -,-,- ' °jt. ,,,,, .Thr_r____1 ),,),,, 4, , , , ,,)_,, . :71,:,t,,,7.,,, ,_. "6„, v-,--. 0 MT _,,,,,-,:7„ „5;38z;:X Z � a ,, !, Jr�/' ( ___� is p - . I •or TO SCALE SPONSOR SIGNATURE: DATE: COST ESTIMATE:$3,360,000 Item (Excavation, Paving, etc.) Paving ADMINISTRATION: $ 1: $ 4 $ ENGINEERING: $ 226,596 2: $ 5 $ INSPECTION: $ TBD 3: $ TOTAL: $ 3,360,000 ADO USE: PREAPP GRANT NPIAS WORK FAA el 0: NO: CODE: CODE: PRIOR: FED $ CIP/PREAPPLICATION DATA SHEET AIRP• 'T: LOCAL PRIORITY: UPDATED: WORK M: • SKETCH: 0 SPONSOR SIGNATURE: DATE: COST ESTIMATE: Item (Excavation, Paving, etc.) ADMINISTRATION: $ 1: $ 4 $ ENGINEERING: 2: $ 5 $ INSPECTIO. . $ 3: $ TOTAL: ADO USE: PREAPP GRANT NPIAS WORK FAA • NO: NO: CODE: CODE: PRIOR: FED $ • CIP/PREAPPLICATION DATA SHEET AIRPO : LOCAL PRIORITY: UPDATED: WORK I M: SKETCH: • SPONSOR SIGNATURE: DATE: COST ESTIMATE: Item (Excavation, Paving, etc.) ADMINISTRATION: $ 1: $ 4 $ ENGINEERING: $ 2: $ 5 $ INSPECTION: ` 3: $ TOTAL: . ADO USE: PREAPP • "ANT NPIAS WORK FAA X10: 0: CODE: CODE: PRIOR: FED $ CIP/PREAPPLICATION DATA SHEET Al' •RT: LOCAL PRIORITY: UPDATED: WOR TEM: SKETC • SPONSOR SIGNATURE: DATE: COST ESTIMATE: Item (Excavation, Paving, etc.) ADMINISTRATION: $ 1: $ 4 $ ENGINEERING: 2: $ 5 $ INSPECTION• $ 3: $ TOTA $ ADO USE: PREAPP GRANT NPIAS WORK FAA • NO: NO: CODE: CODE: PRIOR: FE Appendix 1 • ASSURANCES Airport Sponsors A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development,airport planning,and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49,U.S.C.,subtitle VII,as amended. As used herein,the term"public agency sponsor" means a public agency with control of a public-use airport;the term"private sponsor"means a private owner of a public-use airport;and the term"sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of the grant offer by the sponsor,these assurances are incorporated in and become part of the grant agreement. B. Duration and Applicability. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms,conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project,or throughout the useful life of the project items installed within a facility under a noise compatibility program project,but in any event not to exceed twenty(20)years from the date of acceptance of a grant offer of Federal funds for the project. However,there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions,and assurances with respect to real property acquired with federal funds. Furthermore,the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten(10)years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement,only Assurances 1,2, 3,5,6, 13, 18,30,32, 33,and 34 in section C apply to planning projects. The terms,conditions,and assurances of the grant agreement shall remain in full force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and certifies,with respect to this grant that: 1. General Federal Requirements. It will comply with all applicable Federal laws, regulations,executive orders,policies,guidelines,and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation a. Title 49,U.S.C.,subtitle VII,as amended. b. Davis-Bacon Act-40 U.S.C.276(a),et seq.' c. Federal Fair Labor Standards Act-29 U.S.C. 201,et seq. d. Hatch Act—5 U.S.C. 1501,et seq.' • Airport Assurances(3/2005) 1 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C.4601,et seq.'' • f. National Historic Preservation Act of 1966-Section 106- 16 U.S.C. 470(f).' g. Archeological and Historic Preservation Act of 1974- 16 U.S.C. 469 through 469c.' h. Native Americans Grave Repatriation Act-25 U.S.C. Section 3001,et seq. i. Clean Air Act,P.L. 90-148,as amended. j. Coastal Zone Management Act,P.L. 93-205,as amended. k. Flood Disaster Protection Act of 1973 -Section 102(a)-42 U.S.C. 4012a.' 1. Title 49,U.S.C., Section 303,(formerly known as Section 4(f)) m. Rehabilitation Act of 1973 -29 U.S.C.794. n. Civil Rights Act of 1964-Title VI-42 U.S.C.2000d through d-4. o. Age Discrimination Act of 1975 -42 U.S.C. 6101,et seq. P. American Indian Religious Freedom Act,P.L.95-341,as amended. q. Architectural Barriers Act of 1968-42 U.S.C.4151,et seq.' r. Power plant and Industrial Fuel Use Act of 1978-Section 403-2 U.S.C. 8373.' s. Contract Work Hours and Safety Standards Act-40 U.S.C. 327, et seq.' t. Copeland Anti kickback Act- 18 U.S.C. 874.1 u. National Environmental Policy Act of 1969-42 U.S.C.4321,et seq.' v. Wild and Scenic Rivers Act,P.L. 90-542,as amended. w. Single Audit Act of 1984-31 U.S.C.7501,et seq.' x. Drug-Free Workplace Act of 1988 -41 U.S.C. 702 through 706. Executive Orders Executive Order 11246-Equal Employment Opportunity' • Executive Order 11990-Protection of Wetlands Executive Order 11998—Flood Plain Management Executive Order 12372-Intergovernmental Review of Federal Programs. Executive Order 12699- Seismic Safety of Federal and Federally Assisted New Building Construction' Executive Order 12898-Environmental Justice Federal Regulations a. 14 CFR Part 13 -Investigative and Enforcement Procedures. b. 14 CFR Part 16-Rules of Practice For Federally Assisted Airport Enforcement Proceedings. c. 14 CFR Part 150-Airport noise compatibility planning. d. 29 CFR Part 1 -Procedures for predetermination of wage rates.' e. 29 CFR Part 3 -Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.' f. 29 CFR Part 5 -Labor standards provisions applicable to contracts covering federally financed and assisted construction(also labor standards provisions applicable to non-construction contracts subject to the Contract Work Hours and Safety Standards Act).' g. 41 CFR Part 60-Office of Federal Contract Compliance Programs,Equal Employment Opportunity,Department of Labor(Federal and federally assisted contracting requirements).' • Airport Assurances(3/2005) 2 h. 49 CFR Part 18 -Uniform administrative requirements for grants and • cooperative agreements to state and local governments.3 i. 49 CFR Part 20-New restrictions on lobbying. j. 49 CFR Part 21 -Nondiscrimination in federally-assisted programs of the Department of Transportation-effectuation of Title VI of the Civil Rights Act of 1964. k. 49 CFR Part 23 -Participation by Disadvantage Business Enterprise in Airport Concessions. 1. 49 CFR Part 24-Uniform relocation assistance and real property acquisition for Federal and federally assisted programs.1 2 m. 49 CFR Part 26—Participation By Disadvantaged Business Enterprises in Department of Transportation Programs. n. 49 CFR Part 27-Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance.i o. 49 CFR Part 29—Government wide debarment and suspension(nonprocurement) and government wide requirements for drug-free workplace (grants). P. 49 CFR Part 30-Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. q. 49 CFR Part 41 -Seismic safety of Federal and federally assisted or regulated new building construction.t Office of Management and Budget Circulars a. A-87 -Cost Principles Applicable to Grants and Contracts with State and Local Governments. b A-133 -Audits of States,Local Governments,and Non-Profit • Organizations ' These laws do not apply to airport planning sponsors. 1 These laws do not apply to private sponsors. ' 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments receiving Federal assistance.Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49,United States Code. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in the grant agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for the grant,and to finance and carry out the proposed project;that a resolution,motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein,and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for the grant and to finance and carry out the proposed project and comply with all terms, conditions,and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person • Airport Assurances(3/2005) 3 to file this application,including all understandings and assurances contained therein;to act in connection with this application; and to provide • such additional information as may be required. 3. Sponsor Fund Availability.It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under the grant agreement which it will own or control. 4. Good Title. a. It,a public agency or the Federal government,holds good title,satisfactory to the Secretary,to the landing area of the airport or site thereof,or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions,and assurances in the grant agreement without the written approval of the Secretary,and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. It will not sell,lease,encumber,or otherwise transfer or dispose of any 411 part of its title or other interests in the property shown on Exhibit A to this application or,for a noise compatibility program project,that portion of the property upon which Federal funds have been expended,for the duration of the terms,conditions,and assurances in the grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49,United States Code,to assume the obligations of the grant agreement and to have the power,authority,and financial resources to carry out all such obligations,the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest,and make binding upon the transferee all of the terms,conditions, and assurances contained in this grant agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor,it will enter into an agreement with that government. Except as otherwise specified by the Secretary,that agreement shall obligate that government to the same terms,conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property,it will enter into an agreement with the owner of that Airport Assurances(3/2005) 4 property which includes provisions specified by the Secretary. It will take • steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor,it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public-use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor,the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code,the regulations and the terms,conditions and assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith. 6. Consistency with Local Plans. The project is reasonably consistent with plans(existing at the time of submission of this application)of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users.In making a decision to undertake any airport development project under Title 49,United States Code,it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. • 9. Public Hearings. In projects involving the location of an airport,an airport runway,or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic,social,and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall,when requested by the Secretary,submit a copy of the transcript of such hearings to the Secretary. Further,for such projects,it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Air and Water Quality Standards. In projects involving airport location,a major runway extension,or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed,constructed,and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency,certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. 11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995,for the replacement or reconstruction of pavement at the airport,it assures or certifies that it has implemented an effective airport pavement maintenance-management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such • Airport Assurances(3/2005) 5 reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport,as defined in Title 49,it has,on the date of submittal of the project grant application,all the safety equipment required for certification of such airport under section 44706 of Title 49,United States Code,and all the security equipment required by rule or regulation,and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System,Audit,and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant,the total cost of the project in connection with which the grant is given or used,and the amount or nature of that portion of the cost of the project supplied by other sources,and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States,or any of their duly authorized representatives,for the purpose of audit and examination,any books,documents,papers,and records of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient.In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six(6)months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of$2,000 for work on any projects funded under the grant agreement which involve labor,provisions establishing minimum rates of wages,to be predetermined by the Secretary of Labor, in accordance with the Davis-Bacon Act,as amended(40 U.S.C. 276a-276a-5),which contractors shall pay to skilled and unskilled labor,and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under the grant agreement which involve labor,such provisions as are necessary to insure that,in the employment of labor(except in executive,administrative, and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 47112 of Title 49,United States Code. However,this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications,and schedules approved by the Secretary. Such plans, specifications,and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction,or other performance under this grant agreement,and,upon approval of the Secretary, shall be incorporated into this grant agreement. Any modification to the approved III Airport Assurances(3/2005) 6 plans,specifications,and schedules shall also be subject to approval of the Secretary,and • incorporated into the grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans,specifications,and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public,and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. • e. It will give the Secretary unrestricted authority to publish,disclose, distribute,and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport,other than facilities owned or controlled by the United States,shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal,state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon • which would interfere with its use for airport purposes.It will suitably Airport Assurances(3/2005) 7 operate and maintain the airport and all facilities thereon or connected therewith,with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance,the sponsor will have in effect arrangements for- (1)Operating the airport's aeronautical facilities whenever required; (2)Promptly marking and lighting hazards resulting from airport conditions,including temporary conditions;and (3)Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow,flood or other climatic conditions interfere with such operation and maintenance. Further,nothing herein shall be construed as requiring the maintenance, repair,restoration,or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes)will be adequately cleared and protected by removing,lowering,relocating,marking,or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action,to the extent reasonable,including the adoption of zoning laws,to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition,if the project is for noise compatibility program implementation, it will not cause or permit any change in land use,within its jurisdiction,that will reduce its compatibility,with respect to the airport,of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types,kinds and classes of aeronautical activities,including commercial aeronautical activities offering services to the public at the airport. b. In any agreement,contract,lease,or other arrangement under which a right or privilege at the airport is granted to any person,firm,or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport,the sponsor will insert and enforce provisions requiring the contractor to- (1) furnish said services on a reasonable,and not unjustly discriminatory, basis to all users thereof,and (2) charge reasonable,and not unjustly discriminatory,prices for each unit or service,provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts,rebates,or other similar types of price reductions to volume purchasers. Q Airport Assurances(3/2005) 8 c. Each fixed-based operator at the airport shall be subject to the same rates, 411 fees,rentals,and other charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport(whether as a tenant,non tenant,or subtenant of another air carrier tenant)shall be subject to such nondiscriminatoryand substantially comparable rules,regulations, , conditions,rates,fees,rentals,and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities,subject to reasonable classifications such as tenants or non tenants and signatory carriers and non signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm,or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [including,but not limited to maintenance,repair,and fueling] that it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance,the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable,and not unjustly discriminatory,conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type,kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing,or intending to provide,aeronautical services to the public. For purposes of this paragraph,the providing of the services at an airport by a single fixed-based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly,burdensome,or impractical for more than one fixed-based operator to provide such services,and b. If allowing more than one fixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed-based operator and such airport. It further agrees that it will not,either directly or indirectly,grant or permit any person, firm, or corporation,the exclusive right at the airport to conduct any aeronautical activities, including,but not limited to charter flights,pilot training,aircraft rental and sightseeing, • aerial photography,crop dusting, aerial advertising and surveying,air carrier operations, Airport Assurances(3/2005) 9 aircraft sales and services,sale of aviation petroleum products whether or not conducted in 411 conjunction with other aeronautical activity,repair and maintenance of aircraft,sale of aircraft parts,and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity,and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49,United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport,taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development,airport planning or noise compatibility project for which a grant is made under Title 49,United States Code,the Airport and Airway Improvement Act of 1982,the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates,and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987,will be expended by it for the capital or operating costs of the airport;the local airport system;or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property;or for noise mitigation purposes on or off the airport. Provided,however,that if covenants or assurances in debt obligations issued before September 3, 1982,by the owner or operator of the airport,or provisions enacted before September 3, 1982,in governing statutes controlling the owner or operator's financing,provide for the use of the revenues from any of the airport owner or operator's facilities,including the airport,to support not only the airport but also the airport owner or operator's general debt obligations or other facilities,then this limitation on the use of all revenues generated by the airport(and,in the case of a public airport,local taxes on aviation fuel)shall not apply. b. As part of the annual audit required under the Single Audit Act of 1984,the sponsor will direct that the audit will review,and the resulting audit report will provide an opinion concerning,the use of airport revenue and taxes in paragraph(a),and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49,United States Code and any other applicable provision of law,including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public;make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects,make the airport and all airport records and documents affecting the airport,including deeds,leases,operation and use Airport Assurances(3/2005) 10 agreements,regulations and other instruments,available for inspection by any • duly authorized agent of the Secretary upon reasonable request; C. for noise compatibility program projects,make records and documents relating to the project and continued compliance with the terms,conditions,and assurances of the grant agreement including deeds,leases,agreements, regulations,and other instruments,available for inspection by any duly authorized agent of the Secretary upon reasonable request;and d. in a format and time prescribed by the Secretary,provide to the Secretary and make available to the public following each of its fiscal years,an annual report listing in detail: (i) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made;and (ii) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge,except,if the use by Government aircraft is substantial,charge may be made for a reasonable share,proportional to such use,for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary,or otherwise agreed to by the sponsor and the using agency,substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which,in the opinion of the Secretary,would unduly interfere with use of the landing areas by other authorized aircraft,or during any calendar month that_ 411 a. Five(5)or more Government aircraft are regularly based at the airport or on land adjacent thereto;or b. The total number of movements(counting each landing as a movement)of Government aircraft is 300 or more,or the gross accumulative weight of Government aircraft using the airport(the total movement of Government aircraft multiplied by gross weights of such aircraft)is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities,or weather-reporting and communication activities related to air traffic control,any areas of land or water,or estate therein,or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction,operation,and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. It will keep up to date at all times an airport layout plan of the airport showing(1)boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2)the location and nature of all existing and proposed airport facilities and structures(such as runways,taxiways,aprons,terminal buildings,hangars and roads),including all proposed extensions and reductions of existing airport facilities; and(3)the location of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport . layout plans and each amendment,revision,or modification thereof,shall Airport Assurances(3/2005) 11 be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the 411 Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might,in the opinion of the Secretary,adversely affect the safety,utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety,utility,or efficiency of any federally owned,leased,or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary,the owner or operator will,if requested,by the Secretary(1) eliminate such adverse effect in a manner approved by the Secretary;or(2) bear all costs of relocating such property(or replacement thereof)to a site acceptable to the Secretary and all costs of restoring such property(or replacement thereof)to the level of safety,utility,efficiency, and cost of operation existing before the unapproved change in the airport or its facilities. 30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall,on the grounds of race,creed,color,national origin, sex, age,or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program,except where Federal financial assistance is to provide,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 sponsor or any transferee for the longer of the following periods: (a)the period during which the property is used for a purpose for which Federal financial assistance is extended,or for another purpose involving the provision of similar services or benefits,or(b)the period during which the sponsor retains ownership or possession of the property. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land,when the land is no longer needed for such purposes,at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States'share of acquisition of such land will,at the discretion of the Secretary,(1)be paid to the Secretary for deposit in the Trust Fund,or (2)be reinvested in an approved noise compatibility project as prescribed by the Secretary, including the purchase of nonresidential buildings or property in the vicinity of residential buildings or property previously purchased by the airport as part of a noise compatibility program. b. For land purchased under a grant for airport development purposes(other than noise compatibility),it will,when the land is no longer needed for airport purposes,dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States'share of the cost of acquisition of such land will,(1)upon application to the Secretary,be reinvested in another eligible airport improvement project or projects approved by the Secretary at that airport or within the national airport system,or(2)be paid to the Secretary for deposit in the Trust Fund if no eligible project exists. Airport Assurances(3/2005) 12 c. Land shall be considered to be needed for airport purposes under this II/ assurance if(1)it may be needed for aeronautical purposes(including runway protection zones)or serve as noise buffer land,and(2)the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further,land purchased with a grant received by an airport operator or owner before December 31, 1987,will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987,was notified by the operator or owner of the uses of such land,did not object to such use,and the land continues to be used for that purpose,such use having commenced no later than December 15, 1989. d. Disposition of such land under(a)(b)or(c)will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. It will award each contract, or sub-contract for program management,construction management,planning studies, feasibility studies,architectural services,preliminary engineering,design,engineering,surveying,mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying • fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies,Standards,and Specifications. It will carry out the project in accordance with policies,standards,and specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects,dated and included in this grant,and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. (1)It will be guided in acquiring real property, to the greatest extent practicable under State law,by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2)It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement,comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit,to the maximum extent practicable,intercity buses or other modes of transportation to have access to the airport,however,it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race,color,national origin or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure • Airport Assurances(3/2005) 13 non discrimination in the award and administration of DOT-assisted contracts.The • recipient's DBE program,as required by 49 CFR Part 26,and as approved by DOT,is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program,the Department may impose sanctions as provided for under Part 26 and may,in appropriate cases,refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C.3801). 38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense,the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport(as defined in section 47102 of title 49,U.S.C.)has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport,the airport owner or operator shall transmit a report to the Secretary that- 1. Describes the requests; 2. Provides an explanation as to why the requests could not be accommodated; and 3. Provides a time frame within which,if any,the airport will be able to accommodate the requests. • b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s)in the six month period prior to the applicable due date. Airport Assurances(3/2005) 14 111 CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN AlP FUNDED AND PFC APPROVED PROJECTS Dated 3/21/2007 View the most current versions of these ACs and any associated changes at hon://vmww.faa.onwai,nortv airtnaffidai,norts/mnou,000/auvionry circulars/. 41) ''��' 1�'` ���^/]� i�� � , { ��.� . `� < . ` ' ' '�� . .� ��. ,,,"���b 70/7460'1K° Obstruction Marking and Lighting 150/3000-13 AonounnomontofAva|abi|ity—RTCA|no.. DooumontRTCA-221.8uidanooandR000mmondedRequimmonts for Airport Surface Movement Sensors 150/5070'6B Airport Master Plans 150/5070-7 Airport System Planning Process 1505200'28C Notices to Airmen(NOTAMS)for Airport Operators 1505200-30A Airport Winter Safety and Operations and Changes 1 • through 8 150/5200'33A Hazardous Wildlife Attractants On or Near Airports 150/5210'58 Painting,Marking and Lighting of Vehicles Used on an Airport 150/5210-7C Aircraft Fire and Rescue Communications 150/5210'13B Water Rescue Plans,Facilities,and Equipment 1505310'14A Airport Fire and Rescue Personnel Protective Clothing 1505210-15 Airport Rescue&Firefighting Station Building Design 1505210'18 Systems for Interactive Training of Airport Personnel 150521049 Driver's Enhanced Vision System(DEVS) 150/522048 Water Supply Systems for Aircraft Fire and Rescue Protection 150/522040C Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting Vehicles 150/5220'13B Runway Surface Condition Sensor Specification Guide 1505220'16C Automated Weather Observing Systems(AWOS)for NonFederal Applications 150/522047A Design Standards for Aircraft Rescue FiefighdngTraining Facilities and Change 1 150/5220-18 Buildings for 8hnmgoand Maintenance ofAimo�Snow and Ice Contm|Equipment and Materials • 1505220'19 Guide Specification for Small Dual-Agent Aircraft Rescue and Firefighting Vehicles 1505220'20 Airport Snow and Ice Control Equipment and Change 1 150/5220'21B Guide Specification for Devices Used to Board Airline Passengers With Mobility Impairments 1505220'22A Engineered Materials Arresting Systems(EMAS)for Aircraft Overruns 150/5300-13 AirportDesign rpn ondChangoo 1 through 11 150/5300-14 Design of Aircraft Deicing Facilities and Changes 1 through 2 150/5300-18 General Guidance and Specifications for Aeronautical Surveys: Establishment of Geodetic Control and Submission to the National Geodetic Survey 150/5300'17 General Guidance and Specifications for Aeronautical Survey Airport Imagery Acquisition and Submission to the National Geodetic Survey 150/5300'18 General Guidance and Specifications for Submission of Aeronautical Surveys to NGS: Field Data Collection and Geographic Information System(GIS)Standards 150/5320'5B Airport Drainage 1505320'6D Airport Pavement Design and Evaluation and Changes 1 through 4 1505320'12C Measurement, Construction,and Maintenance of Skid Resistant Airport Pavement Surfaces 150/5320'14 Airport Landscaping for Noise Control Purposes 1505320'15 Management of Airport Industrial Waste and Change 1 1505325'4B Runway Length Requirements for Airport Design 1505335'5A Standardized Method of Reporting Pavement Strength PCN 150/5340'1J Standards for Airport Markings 150/5340'5B Segmented Circle Airport Marker System andChango1 150/5340-18D Standards for Airport Sign Systems 150/5340-30B Design and Installation Details for Airport Visual Aids 150/5345-3E Specification for L-821 Panels for Control to Airport Lighting 150/5345-5A Circuit Selector Switch 150/5345-7E Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits 150/5345-10F Specification for Constant Current Regulators Regulator Monitors 150/5345-12E Specification for Airport and Heliport Beacon 150/5345-13A Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 150/5345-26C Specification for L-823,Plug and Receptacle,Cable Connectors 150/5345-27D Specification for Wind Cone Assemblies 150/5345-28F Precision Approach Path Indicator Systems(PAPI) 150/5345-39C FAA Specification L-853, Runway and Taxiway Retroreflective Markers 150/5345-42F Specification for Airport Light Bases,Transformer Housings,Junction Boxes and Accessories 150/5345-43F Specification for Obstruction Lighting Equipment 150/5345-44G Specification for Taxiway and Runway Signs 150/5345-45B Low-Impact Resistant(LIR)Structures 150/5345-46C Specification for Runway and Taxiway Light Fixtures 150/5345-47B Specification for Series to Series Isolation Transformers for Airport Lighting Systems 150/5345-49B Specification L-854, Radio Control Equipment 150/5345-50A Specification for Portable Runway Lights 150/5345-51A Specification for Discharge-Type Flasher Equipment 150/5345-52 Generic Visual Glideslope Indicators(GVGI) 150/5345-53C Airport Lighting Equipment Certification Program 150/5345-4A Specification for L-1884 Power and Control Unit for Land and Hold Short and Change 1 150/5345-55 Lighted Visual Aid to Indicate Temporary Runway Closure 150/5345-56 Specifications for L-890 Airport Lighting Control and Monitoring System(ALCMS) 150/5360-9 Planning and Design of Airport Terminal Facilities at Non-Hub Locations 150/5360-12D Airport Signing&Graphics 150/5360-13 Planning and Design Guidance for Airport Terminal Facilities and Change 1 150/5370-2E Operational Safety on Airports During Construction 150/5370-10B Standards for Specifying Construction of Airports 150/5370-11A Use of Nondestructive Testing Devices in the Evaluation of Airport Pavement 150/5380-6A Guidelines and Procedures for Maintenance of Airport Pavements 150/5390-2A Heliport Design 150/5390-3 Vertiport Design 150/5395-1 Seaplane Bases The Following Additional Apply to AIP Projects Only Dated:3/21/2007 Ntarriber Title 150/5100-14D Architectural,Engineering,and Planning Consultant Services for Airport Grant Projects 150/5100-15A Civil Rights Requirements for the Airport Improvement Program 150/5100-17 Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects and Changes 1 through 6 150/5200-37 Introduction to Safety Management Systems(SMS)for Airport Operators 150/5300-15 Use of Value Engineering for Engineering Design of Airport Grant Projects 150/5320-17 Airfield Pavement Surface Evaluation and Rating(PASER)Manuals 150/5370-6B Construction Progress and Inspection Report--Airport Grant Program 150/5370-11A Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements 150/5370-12 Quality Control of Construction for Airport Grant Projects 150/5370-13A Offpeak Constuction of Airport Pavements Using Hot-Mix Asphalt 150/5380-7A Airport Pavement Management System 150/5380-8 Handbook for Identification of Alkali-Silica Reactivity in Airfield Pavements The Following Additional Apply to PFC Projects Only Dated: 3/21/2007 Numb°er Title 150/5000-12 Announcement of Availability--Passenger Facility Charge(PFC)Application(FAA Form 5500-1) STANDARD DOT TITLE VI ASSURANCES • The City of Renton(hereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and all requirements imposed by 49 CFR 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") to the end that no person in the United States shall, on the ground of race, color, 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 applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees concerning this grant that: 1. Each "program" and "facility" (as defined in Section 21.23(a) and 21.23(b))will be conducted or operated in compliance with all requirements of the Regulations. 2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 3. Where Federal financial assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 4. Where Federal financial assistance is in the form or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. • 5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Sponsor with other parties: (a) for the subsequent transfer of real property acquired or improved with Federal financial assistance under this project; and (b) for the construction or use of or access to space on, over, or under real property acquired or improved with Federal financial assistance under this Project. 6. This assurance obligates the Sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, 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 Sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the Sponsor retains ownership or possession of the property. 7. It will provide for such methods of administration for the program as are found by the Secretary of transportation of the official to whom he delegates specific authority to give • reasonable guarantees that it, other sponsors, 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. Page 1 of 2 STANDARD DOT TITLE VI ASSURANCES (Continued) 8. It 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 assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance for this Project and is binding on its contractors, the Sponsor, subcontractors, transferees, successors in interest and other participants in the Project. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Sponsor. DATED 04/07/08 The City of Renton (Sponsor) (Signature of Authorized Official) • Page 2of2 410 • CONTRACTOR CONTRACTUAL REQUIREMENTS • ATTACHMENT 1 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 by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. the contractor shall not participate either directly of 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 Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or lease 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 grounds of race, color, 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, Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contract is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, 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 sponsor shall impose such contract sanctions as it or the FAA 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 5 in every subcontract, including procurements 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 subcontract or procurement as the sponsor or the FAA 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 Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interest of the United States. • • CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENTS i‘ ATTACHMENT 2 The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments entered into by the Sponsor pursuant to the provisions of Assurances 5(a) and 5(b). 1. The (grantee, licensee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "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 (deed, license, lease, permit, etc.) for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 2. The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that: (1) no person on the grounds • of race, color, or national origin shall be excluded from participation in, 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 the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, permittee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. REQUIRED STATEMENTS 41110 AIRPORT IMPROVEMENT PROGRAM PROJECTS AIRPORT: Renton Municipal Airport(RNT) LOCATION: Renton, Washington AIP PROJECT NO.: 3-53-0055-018 STATEMENTS APPLICABLE TO THIS PROJECT ® a. INTEREST OF NEIGHBORING COMMUNITIES: In formulating this project, consideration has been given to the interest of communities that are near(Exact name of airport)Renton Municipal Airport. • b. THE DEVELOPMENT PROPOSED IN THIS PROJECT will not require the use of publicly owned land from a public park, recreation area, wildlife and fowl refuge, or a historical site under Federal, State, or Local jurisdiction. ® c. FBO COORDINATION: The airport development proposed in this project has been coordinated with the Fixed Base Operator(s)utilizing (Exact name of airport) Renton Municipal Airport, and they have been informed regarding the scope and nature of this project. ® d. THE PROPOSED PROJECT IS CONSISTENT with existing approved plans for the area surrounding the airport. The above statements have been duly considered and are applicable to this project. (Provide comment for any statement not checked). BY: Ryan Zulauf DATE: 04/07/08 TITLE: Airport Manager SPONSORING AGENCY: City of Renton NOTE: Where opposition is stated to an airport development project,whether expressly or by proposed revision,the following specific information concerning the opposition to the project must be furnished. a. Identification of the Federal,state,or local governmental agency,or the person or persons opposing the project; n/a b. The nature and basis of opposition; n/a c. Sponsor's plan to accommodate or otherwise satisfy the opposition; n/a d. Whether an opportunity for a hearing was afforded, and if a hearing was held, an analysis of the facts developed at the hearing as they relate to the social,economic,and environmental aspects of the proposed project and its consistency with the goals and objectives of such urban planning as has been carried out by the community. n/a e. If the opponents proposed any alternatives,what these alternatives were and the reason for nonacceptance; n/a f. Sponsor's plans, if any,to minimize any adverse effects of the project; n/a g. Benefits to be gained by the proposed development;and n/a • h. Any other pertinent information which would be of assistance in determining whether to proceed with the project. n/a CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL "Disclosure of Lobby Activities", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipents shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this • transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signed Date 04/07/08 Sponsor's Authorized Representative Title Airport Manager • CERTIFICATION REGARDING • DRUG-FREE WORKPLACE REQUIREMENTS Alternate I. (Grantees Other Than Individuals) A. The grantee certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition: (b) Establishing an ongoing drug-free awareness program to inform employees about- (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); e (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of mployment under the grant, the employee will- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notices shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted- (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or • Page 1 of 2 CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS • (Continued) Alternate I. (Grantees Other Than Individuals) (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f), B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Renton Municipal Airport 616 West Perimeter Road, Unit A Renton, WA 98055 Check ❑ if there are workplaces on file that are not identified here. • Signature of certifying official Airport Manager Title 04/07/08 Date Pa•e 2 of TITLE VI PRE-AWARD SPONSOR CHECKLIST • Airport/Sponsor: Renton Municipal Airport/ City of Renton AIP#: 3-53-0055-018 Project Description(s): Rehabilitate Runway 16-34 1) Please describe any of the following IF they apply to your project: Title VI issues raised at public hearing(s) and the conclusions made; EIS data concerning the race, color, or national origin of the affected community; steps taken or proposed to guard against unnecessary impact on persons on the basis of race, color or national origin. ® None 2) Please list any airport related Title VI lawsuits or complaints filed in the preceding year against the sponsor. Include a summary of the findings. ® None (If"None", continue with questions 3 and 4). 3) Please list any current applications for federal funding (other than FAA) of airport related projects which exceed the amount for this grant. ® None • 4) Please list any airport related Title VI compliance review(s) received by the sponsor in the preceding two years. Include who conducted the review and any findings of noncompliance. ® None To be completed by the Civil Rights Staff Review completed and approved: Signature Date: This checklist is only required for projects that involve one of the following: Environmental Assessment or Impact Statement(EIS); airport or runway relocation; major runway extension; relocation of any structure of person; or impact to access or preservation of any burial ceremonial or other sacred or historical structures or lands of any indigenous or ethnic population. Return to: FAA, Civil Rights, Northwest Mountain Region; 1601 Lind Ave. SW; Renton, WA 98057-3356. FAX: (425) 227-1009 Phone (425) 227-2009 S ..4- ! 1 CITY OF RENTON COUNCIL AGENDA BILL ,,- AI#: (/ s iSubmitting Data: For Agenda of: Dept/Div/Board.. AJLS/City Clerk May 5, 2008 Staff Contact Bonnie Walton Agenda Status Consent X Subject: Public Hearing.. Bid opening on April 25, 2008, for CAG-08-039, Correspondence.. Community Center Gym Floor Replacement Ordinance Resolution Old Business Exhibits: New Business Staff Recommendation Study Sessions Bid Tabulation Sheet (one bid) Information Recommended Action: Approvals: Legal Dept Refer to Finance Committee Finance Dept Other Fiscal Impact: iip1 Expenditure Required... $154,498.78 Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget $250,000.00 City Share Total Project SUMMARY OF ACTION: Engineer's Estimate: $160,000 In accordance with Council procedure, the bid submitted at the subject bid opening met the following criteria: the bid was within the project budget, and there were no irregularities. The bid submitted by Greater Seattle Floors in the amount of$154,498.78, including the two additive alternates; however, was the only bid received. Council procedure requires committee review when only one bid is received; therefore, staff recommends referral of the bid to the Finance Committee. STAFF RECOMMENDATION: Accept the low bid submitted by Greater Seattle Floors in the amount of$154,498.78. 4110 �Y COMMUNITY SERVICES • ® * DEPARTMENT N MEMORANDUM DATE: April 30, 2008 TO: Bonnie Walton, City Clerk FROM: Greg Stroh, Facilities Manager X 6614 SUBJECT: Renton Community Center Gym Floor Replacement ; CAG-08-039 Renton Community Center Gym Floor Replacement Project, bid opening was held on April 25, 2008, at 2:30 PM. One (1) bid was submitted. The project estimate was set at $160,000.00. The single bid received for the project was Base Bid: $ 131,331.92, Additive Alternate#1: $12,210.18 and Additive Alternate#2: $10,956.68 including WSST from Greater Seattle Floors. Our staff has reviewed the low bid for completeness, inclusion of all required forms, acknowledgments of addenda and mathematical correctness of the bid. All of the paper work is in order. The single bid total of$154,498.78 including WSST is within the amount facilities budgeted for the project. Funding for the project will be under account number: 316.000000.020.5940.0076.63.000000 Capital Improvement Program, Public Facilities. The approved 2008 CIP budget for the project is $250,000.00 There were three (3) attendees at the project walk through representing independent contractors We understand that the complexities in our"time of construction" schedule have had an adverse effect on bidder response. Because there was only bidder,one bidd , the Facilities Division recommends that this item be referred to the Finance Committee. If you have any questions please contact Greg Stroh at x-6614 cc: Terry Higashiyama, Community Services Administrator Peter Renner, Facilities Director • C:\DOCUME-1\BWalton\LOCALS-1\Temp\City Clerk memo.doc a CITY OF RENTON BID TABULATION SHEET PROJECT: Renton Community Center Gym Floor Replacement; CAG-08-039 • DATE: April 25, 2008 FORMS BIDDER Triple Addendum BID Form Greater Seattle Floors X X Base Bid: $131,331.92 114 S. Findlay Additive Alt. 1: $12,210.18 Seattle, WA 98108 Additive Alt. 2: $10,956.68 Thomas E. Wells • ENGINEER'S ESTIMATE TOTAL: $200,000.00 $160,000.00 LEGEND: • Forms:Triple Form:Non-Collusion Affidavit,Anti-Trust Claims,Minimum Wage *corrected APPROVED BY CITY COUNCIL Date -67-6-`028(/ PUBLIC SAFETY COMMITTEE _ COMMITTEE REPORT May 5,2008 2006-International Fire Code Adoption with Local Adniendments - (Referred Date: July 2;2007) The Public Safety Committee recommends concurrence in the staff recommendation to set a; public hearing on May 19;;2008 to consider amendments to city code regarding the 2006 International Fire Code Adoption. Local amendments address requirements_for.firesprinkler systems, fire alarm systems, fire sprinkler riser room access, high-rise emergency equipment rooms, special event permits automatic external defibrillators;. fire,.escape testing, 'kitchen ' hood suppression systems, and<stand=by-power,for service stations,_-nursing homes, and assisted living,facilities. ' . ' . The Committee further recommends that the City loan'automatic 'external defibrillators as required to groups with a special events permit r _r Greg Taylor,,Chair = andy.Corman,Vice C r Don Persson Member - Cc Charles Duffy APPROVED BY CITY.COUNCIL Date 5,5-2Q-or TRANSPORTATION/AVIATION COMMITEE -COMMITTEEE REPORT May 5, 2008 Naming.Seahawks Way (Referred April 14, 2008) _, The Transportation/Aviation Committee recommends concurrence in the staff recommendation . to rename approximately 1,900 feet of roadway adjacent to the Seattle Seahawk s' new headquarters and training facility to Seahawks Way_from.the intersection with Lake Washington Boulevard to the Seahawks' northern property line. Only certain Portions of the streets,shall`be renamed so as not"to affect the Mi st - Cove Y P. Y Condominiums or anyof the other residential properties located'on Rile Lane North to the• ., p pRipley . north. Conner Ho es Barbee Mill developmentment shall not be im acted. The onl�property that • - couldpotentiallybe addressed off of Sehawks Wayis the. ue�dall�Terninals propertyrt which is currently undergoing environmental remediation through the EPA-Superfund.process. Whether or,not this property is affected will depend on how itredevelops in the future and,where access points are located. . , Signage for the newstreet should be developed so that drivers shall-be directed to the remaining. portion of RipleyrLane North via Seahawks Way. New signage shall be installed as soon-as •' • possible;but definitely prior:to the beginning of the Seahawks' public training camp activities • , •- expected to begin"i'n the last week of July 2008. R tidy Corman, Chair 5 Don:Persson,Vice-Chair • .722 'MarciePalmer,-Substitute.Member cc: Gregg Zimmerman,PW Administrator ' - Neil Watts,Development Services Director Alex Pietsch,CED Administrator Suzanne Dale Estey,Economic.Development Director ' Peter Hahn,Deputy-.PW Administrator—Transportation David Wlntmarsh,Maintenance Supervisor - Mike Stenhouse;Maintenance Services Director Jan Conklin,'Development Services Representative • APPROVED BY CITY COUNCIL Date 5-0200e UTILITIES COMMITTEE COMMITTEE REPORT May.5,2008 Agreement with Harrington Square Associates, LLC for,Cost Sharing of the Highlands Water Main Improvements Project- _ (Referred April 28, 2008) The Utilities Committee recommends concurrence in the staff recommendation to approve the agreement and authorize the Mayor:and,City Clerk to:sign the agreement between the City of Renton and Harrington Square Associates, LLC for the cost sharing for the Construction Of the • Highlands Water Main Improvements project: Rich Zvvicker,Chair Greg Tay Vice Chair . . Terri Briere,.Mer ber . • • cc: . Lys Hornsby,Utility System§.Director Abdoul Gafour,Water Utility Supervisor APPROVED BY CITY COUNCIL Date 5-5702008' - UTILITIES COMMITTEE COMMITTEE REPORT May 5, 2008 Establishment of a Special Assessment District for Highlands Water Main Improvements Project (Referred April 28, 2008) The Utilities Committee recommends concurrence in the staff recommendation to"approve the preliminary Special Assessment District for the Highlands-Water Main Improvements project • and direct staff to proceed-with the,establishment of,the final -Special Assessment District upon completion of the construction of the project: Rich Zwicker,Chai Greg Tay4o Vice Chair - Terri B 'ere Member cc: Lys Hornsby,Utility Systems Director. - Abdoul Gafour,Water Utility.Engineering Supervisor APPROVED BY CITY COUNCIL PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE•REPORT Date s S.a008 May 5,2008 Text Amendment for Monopole I in Residential Zones and Housekeeping Amendments to Wireless Regulations in all Zones • (March 24,..2008) The Planning and Development Committee recommends concurrence in the staff recommendation to approve the proposed amendments to the Monopole-I in Residential Zones and housekeeping amendments to wireless regulations in all zones. The Committee further • • recommends that the ordinance be presented forfirst reading. The amendment will allow Monopole I structures on a one half acre lot with an Administrative - Conditional Use Permit provided that they meet a one hundred feet(100')setback from residential, and create some additional flexibility within the code to-allow a lesser setback with - a Hearing Examiner Conditional Use Permit In the public right-of-way,Monopole I would only be allowed on designated arterial.roads. Housekeeping amendments would provide non substantive language corrections,and cross-references: The Committee further recommends that the ordinance regarding this matter be-presented for first reading. King Parker, Chair Rich Zwicker," ' e Chair Greg Ta}�16r,`Member cc: Rebecca Lind . Alex Pietsch APPROVED BY CITY COUNCIL Date 5-5-A00? COMMUNITY SERVICES COMMITTEE REPORT May 5, 2008 RECOMMENDATION TO PASS RESOLUTION ADOPTING REVISED PARK RULES AND REGULATIONS (Referred April 28, 2008) The Community Services Committee.recommends concurrence in'the staff recommendation , to adopt the revised Park Rules and Regulations, as proposed: These revisions include the following: 1) the.Community Services Administrator is authorized to grant`permission for certain special events or activities, rather than the Park_Board, in order to improve customer service to the public; 2) domestic.'animals are restricted at the Maplewood'Golf Course; 3). similar sections in the Rules are combined, to eliminate repetition,and/or confusion; 4) -the _ sections entitled "Conduct" and "Lost Property"are moved from Article (,'Civil Violations, • to Article B, Criminal Violations, and an "Additional Violations"section is°added to Article - B; 5) the penalties sections refers to"City:Code-.instead of stating the specific penalties;_6) -references to the"Park Board" are corrected:to "Parks Commission,". and 7) other formatting and minor language revisions are made as necessary, arid to be in accordance with City Code. The Committee further recommends that the resolution regarding this matter be presented for ' reading and adoption. Terri Briere, Chair - C u andy:Corman, Member C: Terry Higashiyama • . adstrjea CITY OF RENTON, WASHINGTON RESOLUTION NO. 3 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING SIGNATURES FOR DEPOSITORIES AND ELECTRONIC FUND TRANSFERS ON BEHALF OF AND IN THE NAME OF THE CITY OF RENTON. WHEREAS, the City of Renton maintains one or more accounts at one or more qualified public depositories, including the state operated Local Government Investment Pool for primary banking, investing, or third party trust agreement purposes; and WHEREAS, the City's appointed Finance & Information Services Administrator is hereby authorized and directed to open and maintain these accounts as required from time to time on behalf of and in the name of the City of Renton; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The depositories are hereby authorized to honor and pay checks, drafts, and similar instruments in the name of the City of Renton and signed by any one of the following officers and officials of the City of Renton: Title Mayor Finance & Information Services Administrator SECTION II. Any of the above named officers or officials are further authorized to endorse any such checks, drafts, or other instruments made payable to the City of Renton for the purpose of depositing same into the City's accounts. 1 RESOLUTION NO. SECTION III. The designated depository for the account in the name of City of Renton Municipal Court (Municipal Court account) is hereby authorized to honor and pay checks, drafts, and similar instruments signed by the Court Services Director or Municipal Court Judge. The Director or Judge are further authorized to endorse checks, drafts, or other instruments made payable to the City of Renton for the purpose of depositing the same into the Municipal Court account. Title Court Services Director Municipal Court Judge SECTION IV. The following individuals are authorized to initiate and/or approve electronic fund transfers for the purposes of disbursing and depositing City funds for the purposes of investing, cash management, and accomplishing authorized City business in the City's name: Title Initiate Approve Finance & Information Services Administrator Yes Yes Fiscal Services Director Yes Yes Financial Services Manager Yes Yes Finance Analyst Yes No SECTION V. There shall be no obligation on the part of the depositories to see the application of funds in any case whatsoever, and that a true copy of this resolution be certified and delivered to each said depository at the time any such account is opened on behalf of the City of Renton. 2 RESOLUTION NO. SECTION VI. Effective May 5, 2008, Section I and Section IV of Resolution No. 3737, which was passed and approved on February 7, 2005, is hereby repealed. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.13 3 9:4/24/08:scr 3 de/461z" a ear CITY OF RENTON, WASHINGTON RESOLUTION NO. 3 9y4 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FEDERAL AVIATION ADMINISTRATION'S FEDERAL GRANT APPLICATION AND GRANT ASSURANCES AND ACCEPT THE GRANT TO FUND PHASE II OF THE DESIGN AND ENGINEERING PORTION OF THE RUNWAY 15/33 RESURFACING PROJECT. WHEREAS, Runway 15/33 has a significant "dip" in the southern half of the runway pavement and several smaller dips in the northern end of the runway pavement; and WHEREAS, the Federal Aviation Administration (FAA) offered a grant in 2007, in the amount of$149,646 to complete Phase I of the pavement design and engineering portion; and WHEREAS, the FAA offered a grant in the amount of$73,102 to complete Phase II of the pavement design and engineering portion; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The City Council does hereby authorize the Mayor and City Clerk to execute the Federal Aviation Administration's Federal Grant Application and Grant Assurances and accept the grant to fund Phase II of the design and engineering portion of the Runway 15/33 Resurfacing Project. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk 1 • RESOLUTION NO. APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.13 3 6:4/17/0 8:scr 2 Y s adleted =s-aoo8 CITY OF RENTON, WASHINGTON RESOLUTION NO. 39c'7 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, ADOPTING AMENDMENTS TO THE PARK RULES AND REGULATIONS. WHEREAS, the Parks Commission has established certain rules and regulations for the management of the properties under its supervision, entitled "Park Rules and Regulations;" and WHEREAS,these Park Rules and Regulations were last revised in 2005; and WHEREAS, some sections of the current Park Rules and Regulations are now obsolete or inconsistent with current laws; and WHEREAS, city staff has drafted revisions for the"Park Rules and Regulations;" and WHEREAS, these proposed revisions are included in the attached Exhibit A, Park Rules and Regulations; and WHEREAS, at its November 20, 2007 meeting, the Parks Commission recommended that the revised Park Rules and Regulations be adopted by the City of Renton; and WHEREAS, the City Council has reviewed these proposed amendments to the Park Rules and Regulations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The proposed amendments to the Park Rules and Regulations, as set forth in Exhibit A, Park Rules and Regulations, are approved, authorized and adopted by the Renton City Council. 1 1 RESOLUTION NO. SECTION III. A copy of the revised Park Rules and Regulations shall be filed with the City Clerk. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008 Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1338:4/21/08:scr 2 RESOLUTION NO. EXHIBIT A Park Rules and Regulations Authorized by Ordinance No. 4419. Amended by Ordinance No.5155. Amended from Ordinance No. 4319 and No. 1476. Resolution No. 3555 adopted March 18, 2002; Resolution No. 3751 adopted May 9, 2005. A. General Provisions Section 1. Priority of Use Programs and activities scheduled by the Community Services Department will have first priority for use of parks and facilities. Otherwise, use of parks and facilities will be on a"first-come first- served"basis. Section 2. Designee of Administrator The term"Administrator"shall mean the Community Services Administrator. The authority granted herein to the Administrator is granted to the Administrator's designee. Section 3. Exemptions from Rules and Regulations • Rules and Regulations related to possession of Weapons &Fireworks (Section B3) do not apply to law enforcement personnel or to persons performing assigned duties as authorized by the Administrator. • Rules and Regulations related to Overweight Vehicles in Parks (Section B6) do not apply to City of Renton maintenance vehicles or emergency vehicles. • Rules and Regulations related to Wildlife Harassment(Section B7) do not apply to wildlife control efforts authorized by the Administrator. • Rules and Regulations related to Domestic Animals in Parks (Section B11) do not apply to law enforcement K-9 officers in the conduct of their official duties or to animals used by independent contractors if required in performance of the contract. • Rules and Regulations related to Parking and Moorage (Section C10) do not apply to park maintenance and law enforcement watercraft. B. Criminal Violations Section 1. Posting of Signs Except as authorized by the Administrator, it is unlawful to use, place or erect any signboard, sign, billboard, bulletin board, post, pole, or device of any kind for advertising in any park; or to attach any notice bill, poster, sign, wire, rod, or cord to any tree, shrub, railing, post, or structure within any park; or to place or erect in any park, a structure of any kind. Section 2. Park Closing Unless otherwise posted, it is unlawful to remain in any park after the posted closing time, except when engaged in activities, programs, or events scheduled by the Community Services Department. EXHIBIT A—p. 1 RESOLUTION NO. Section 3. Weapons & Fireworks Except as otherwise permitted by law, it is unlawful for a person to possess in any park, any fireworks, firecracker, torpedo, explosive, air gun, sword, knife, bow and arrow(s), BB gun, paint ball gun, or slingshot. It is unlawful for any person to possess firearms in any park except as otherwise permitted by law. Section 4. Alcohol It is unlawful to possess or consume alcoholic beverages in any park except in areas designated by the Parks Commission. Designated areas are 1) Maplewood Golf Course, when such beverages arepurchased and consumed within the concessionaire's licensed premises; and 2) designated ted 9 areas of the Renton Community Center and Renton Senior Activity Center facilities as part of a facility rental. All activities shall comply with all Washington State Liquor Control Board requirements. Section 5. Swimming Areas It is unlawful for any person to disobey rules, signs, or lifelines designating swimming areas. Swimming shall be permitted only within these areas. All persons using designated swimming areas shall obey all posted rules and/or the instruction of lifeguards, facility managers, or other authorized Community Services Department employees. No person shall give or transmit a false signal or false alarm of drowning. Section 6. Overweight Vehicles in Parks It is unlawful for any vehicle with a gross weight of over 32,000 pounds or a maximum width of over 102 inches to use the road in any park of the city except forP laces set apart for such P purposes by the Parks Commission and designated by signs. Section 7. Wildlife Feeding & Harassment It is unlawful in any manner to tease, annoy, disturb, molest, catch, injure or kill, throw any stone or missile of any kind at or strike with any stick or weapon, any animal, bird, or fowl in any manner; or to feed any fowl or bird in any park. Section 8. Concessions, Sales, Commercial Activities, Distribution & Posting Pamphlets It is unlawful to perform the following activities in a park area unless authorized in writing by the Administrator: • Operating a fixed or mobile concession, or traveling exhibition. • Soliciting, selling, offering for sale, peddling, hawking, or vending any goods or services. • Advertising any goods or services other than the direct handing of written advertising to any one person. • Conducting classes or organized competitions. • Distributing any commercial circular notice, leaflet, pamphlet or printed material of any kind in any Community Services buildings. These facilities are not public forums or limited public forums, and are designated solely to the specific purposes for which they are dedicated. EXHIBIT A—p. 2 RESOLUTION NO. • Entering upon, using or traversing any portion of a park for commercial purpose, including fund raising and/or fund solicitation. • Attaching or securing to any vehicle or structure any commercial circular notice, leaflet, pamphlet, or printed material of any kind. Section 9. Water Craft It is unlawful to have, keep, or operate any boat, float, raft, or other water craft in or upon any bay, lake, slough, river or creek, within the limits of any park, or to land the same at any point upon the shores thereof, except at places set apart for such purposes by the Parks Commission and so designated by signs. Section 10. Speeding on Trails It is unlawful for any person to travel on a trail at a speed greater than is reasonable and prudent under the existing conditions or in disregard for actual and potential hazards. In every event, speed shall be so controlled as is necessary to avoid colliding with others using the trail. Travel at speeds in excess of 15 miles per hour on any trail shall constitute in evidence a prima facie presumption that the person violated this section. Section 11. Domestic Animals in Parks It is unlawful to allow or permit any domestic animal, including service animals, to run at large in any park, or enter any swimming area, pond, or fountain therein. A dog brought into or kept in a park area shall be on a leash not more than eight(8) feet in length. Exceptions to leash requirements may be made only for approved scheduled events. • No domestic animals, except for service animals, will be allowed in any park or park facility that permits swimming. • Any person with a dog or other pet in their possession in any park shall be responsible for both the conduct of the animal and for removal from the park of feces deposited by such animal. The person with the dog or other pet must have in their possession the equipment or supplies required for feces removal. • With permission of the Parks Commission, domestic animals, except for service animals, can be restricted from specific events held at parks or posted areas within a park. • No domestic animals, except for service animals, will be allowed at the Maplewood Golf Course. Section 12. Authority to Remove Persons in Parks It shall be unlawful to stay in a park when directed to leave by an authorized Community Services Department employee or any police officer. Section 13. Vandalism It is unlawful to remove, destroy, mutilate or deface any structure, monument, statue, vase, fountain, wall fence, railing, vehicle, bench, shrub, tree, fern, plant, flower, lighting system, or sprinkling system, or other property lawfully in any park. Section 14. Littering It is unlawful to throw or deposit any refuse or other material in any park, except in designated receptacles, or to take garbage or refuse generated outside a park to a park for disposal. EXHIBIT A—p. 3 RESOLUTION NO. Section 15. Noise Restrictions All provisions of the Renton Municipal Code, Title 8, Chapter 7, will be strictly enforced, in particular the following provisions: • It is unlawful to play car stereos, radios, or "boom boxes" - portable audio equipment, such as tape or compact disc players - so loudly they interfere with normal conversations or cause annoying vibrations at a distance of 75 feet or more. • It is unlawful to operate or use any loudspeaker or other mechanical means of amplifying sound in any park without a written permit. Section 16. Conduct It is unlawful to use abusive, vile, profane, or obscene language or threats, which interfere with the reasonable use of a park by the general public. It is unlawful to engage in acts of violence, including but not limited to fights of any kind, or to act in a violent, threatening, intimidating, or hostile manner toward another person whereby such person is put in reasonable fear for his/her safety. Section 17. Lost Property It is unlawful for any person to fail to turn in any property or objects found on any park premises to the park staff or directly to the office of the Police Department, at City Hall, Renton, Washington. The article shall be disposed of in accordance with applicable City and State Laws. Section 18. Additional Violations Any violation of state criminal laws or the criminal laws of the City of Renton constitutes a violation of these Rules and Regulations. C. Civil Violations Section 1. Activities It is unlawful in any park to practice or play golf, baseball, cricket, soccer, polo, archery, hockey, volleyball, badminton, or other games of like character, or to hurl, propel, or fly any airborne or other missile, including model airplanes, except in places and times set apart for such purposes by the Parks Commission. Section 2. Motorized and Non-motorized Vehicles in Parks Except for wheelchairs, wheeled prosthetics, or other wheeled vehicles being used by a disabled person, it is unlawful to ride, park, or drive any bicycle, tricycle, motorcycle, motor vehicle, skateboard, rollerbiades, roller-skates, land sailing device, scooter, unicycle, or any other wheeled or similar vehicle, horse or pony on, over, or through any park designated by signage. It is unlawful to use the Renton Skate Park at Liberty Park with any device other than a skateboard or in-line skates. Section 3. Vehicle Repair in Parks Except when authorized in writing by the Administrator, it is unlawful, to operate, repair or service any motor vehicle or motorcycle on park property for the purpose of testing, servicing, or repairing. EXHIBIT A—p. 4 RESOLUTION NO. Section 4. Racing in Parks It is unlawful to engage in, conduct, or hold any trials or competitions for speed, endurance or hill climbing involving any vehicle, watercraft, aircraft, or animal in any park without the written permission of the Administrator. Section 5. Camping and Overnight Stays in Parks Except at places set aside for such purposes and so designated by signs, it is unlawful to erect a tent or shelter or to arrange bedding, or both, for the purpose of, or in such a way as will permit remaining overnight. It is also unlawful to park a trailer, camper, or other vehicle for the purpose of remaining overnight, except when authorized by the Administrator. Section 6. Fires and Barbecues It is unlawful to build fires in any park except in areas designed and set aside for such purpose by the Parks Commission. It is unlawful to use any portable barbecue over 36 inches in length or less than 30 inches in height over a combustible surface unless said surface is protected by a I under shield or fireproof device placed u der the barbecue. Section 7. Metal Detecting It shall be unlawful to use in any park a device to detect ores or metals, except when authorized in writing by the Administrator. Section 8. Glass Containers in Parks with Swimming Areas It is unlawful to possess any glass container in any portion of the park or park facility that permits swimming. Section 9. Group Rally/Special Use Permit It is unlawful to conduct any group rally in a park area or designated facilities where such activities will conflict in any way with normal park usage.To avoid conflict, permission for such activities must be obtained in advance from the Administrator. Special permit required: Groups that desire to use City of Renton facilities may be granted Special Use Permits by the department, but will be subject to a user fee. Where appropriate, special conditions of use shall be established by the Community Services Department and so noted on the Special Use Permits. Section 10. Parking and Moorage • It is unlawful to park in an area designated for a particular recreational activity, unless participating in that activity. Vehicles parked in violation of this section may be impounded at the owner's expense. • Boat or watercraft users who are launching at Gene Coulon Memorial Beach Park and who do not have an annual permit must pay the posted fee on a per-use basis. • It is unlawful to moor any boat or watercraft beyond posted time limits. • Watercraft moored in violation of this section may be impounded at the owner's expense. EXHIBIT A—p. 5 RESOLUTION NO. D. Penalties Section 1. Criminal Violations Pursuant to RMC 2-9-6C, Park Rules and Regulations identified as criminal violations herein are punishable pursuant to RMC 1-3-1. Section 2. Civil Violations Pursuant to RMC 2-9-6C, Park Rules and Regulations identified as civil violations herein are punishable pursuant to RMC 1-3-2. E. Trail Etiquette All Users: • Obey all trail signs and regulations. • Show courtesy for other trail users at all times. • Keep dogs on leash, maximum length 8 feet(dogs are not allowed in Gene Coulon Memorial Beach Park&Kennydale Beach Park). • When entering or crossing a trail at an uncontrolled point, yield to traffic already on the trail. • No group of trail users shall occupy more than half of the trail nor impede the normal movement of trail users. • Motor vehicles are not allowed on City of Renton trails except by Community Services Department personnel. Pedestrians: • Listen for audible signals and allow faster trail users to pass safely. Bicyclists: • Cyclists are required to wear safety helmets on all trails in King County. • Yield to pedestrians. Always give an audible(voice, bell, horn)warning before passing another trail user. I EXHIBIT A-p. 6 4 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 2, ZONING DISTRICTS — USES AND STANDARDS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" TO AMEND THE REGULATIONS REGARDING WIRELESS FACILITIES. WHEREAS, the City of Renton has adopted regulations for wireless communication facilities within the City; and WHEREAS, the current standard for wireless regulations requires a lot size standard of over an acre within residential zones; and WHEREAS, density of development required under the Growth Management Act, requires lot areas of less than one acre in residential zones; and i WHEREAS, the amount of infill development that has occurred in the itY since the adoption of the Growth Management Comprehensive Plan has resulted in the redevelopment of many larger parcels within residential areas; and WHEREAS, industry standards have changed to allow more service to be provided from the shorter Monopole I compared with the taller Monopole II, and there is a greater need to provide more Monopole I facilities within existing urban areas; and WHEREAS, the City desires to provide zoning and development standards that facilitate provision of a wireless communication network that services residential areas; and WHEREAS, the City Council finds that revisions are needed to the minimal lot size standard for wireless facilities in residential zones in order insure that there is sufficient land available to insure that a reasonable network of service can be provided; and • 1 1 ORDINANCE NO. WHEREAS, the current wireless regulations include inconsistencies between process • requirements in current zoning table notes, and process requirements as shown on the zoning use tables; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 4-2-060P, Wireless Communication Facilities, of Chapter 2, Zoning Districts — Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as shown in Attachment A. SECTION II. Notes 44, 45, 46, 47, 48 and 49 of subsection 4-2-080A, Subject to the Following Conditions, of Chapter 2, Zoning Districts — Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are amended to read as follows: 44. Permitted provided that the facility has a minimum setback of one hundred feet (100') from any adjacent residentially zoned parcel; if the setback is less than 100' an administrative conditional use permit is required pursuant to 4-9-030J Decision Criteria. 45. For Monopoles Proposed on Private Property: May be allowed via an administrative conditional use permit pursuant to 4-9-030J Decision Criteria; provided, that the site is over one half acre in size and the facility has minimum setbacks of one hundred feet (100') from any adjacent residentially zoned parcel; if the setback is less than 100' a Hearing Examiner conditional use permit is required. • 2 ORDINANCE NO. • For Monopoles Proposed on Public Right-of-Way: May be allowed via an administrative conditional use permit pursuant to 4-9-030J Decision Criteria, and right-of-way use permit, provided, the facility is located on a principal, minor, or collector arterial and has minimum setbacks of one hundred feet (100') from any adjacent residentially zoned parcel; if the setback is less than 100' a Hearing Examiner conditional use permit is required. 46. Eligible for an administrative conditional use permit pursuant to 4-9-030J Decision Criteria, provided that the facility has a minimum setback of one hundred feet (100') from any adjacent residentially zoned parcel; if the setback is less than 100' a Hearing Examiner conditional use permit is required. 47. May be allowed by an administrative conditional use permit pursuant to 4-9- • 030J Decision Criteria, if the monopole II facility is to be constructed on property where wireless communication support structures presently operate, and the new monopole II facility will not exceed the height of the existing support structures. Prohibited if located within three hundred feet (300') of an RC, R-1, R-4, R-8, R- 10, or R-14 Zone unless the Reviewing Official determines that all residentially zoned property within three hundred feet (300') of the proposed facility is undevelopable due to critical areas regulations (RMC 4-3-050); then the administrative conditional use process shall apply. 48. A Hearing Examiner conditional use permit pursuant to 4-9-030J Decision Criteria, is required. This use is prohibited if located within three hundred feet • (300') of an RC, R-1, R-4, R-8, R-10, or R-14 Zone, unless the Reviewing 3 ORDINANCE NO. Official determines that all residentially zoned property within three hundred feet • (300') of the proposed facility is undevelopable due to critical areas regulations (RMC 4-3-050), in which case the new wireless support structure can be reviewed as a Hearing Examiner conditional use permit. 49. Emergency or routine modifications are permitted, when there is minimal or no change in the visual appearance, as determined by the Reviewing Official. SECTION III. This ordinance shall be effective upon its passage, approval, and thirty days after publication. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie Walton, City Clerk • APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1453:3/21/08:scr • 4 ORDINANC O. • ATTACHMENT A. 4-2-060 ZONING USE TABLE—USES ALLOWED IN ZONING DESIGNATIONS: USES: RC R-1 R-4 R-8 RMH R-10 R-14 RM IL IM IH CN CV CA CD CO COR UC- UC- N1 N2 CO.MMUN:ICA IO:N F:` P.. ;WIRELESS ACILII'I°ES::, '' Lattice towers support structures H48 AD47 AD47 AD47 H48 H48 AD47 H48 AD47 H48 Macro facility antennas AD46 AD46 AD46 AD46 AD46 AD46 AD46 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 H H Micro facility antennas P P P P P P P P P P P P PP P P P P P Mini facility antennas P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 AD AD Minor modifications to existing wireless communication P49 P49 P49 P49 P49 P49 P49 P49 P49 P49 P49 P49 P49 P49 P49 P49 P49 P P facilities P (WIRELESS COMMUNICATION'=FACILITIES (CO'NTINUED), Monopole I support structures on private property AD45 AD45 AD45 AD45 AD45 AD45 AD45 AD46 P44 P44 P44 AD46 P44 P44 AD46 P44 AD46 Monopole I support structures on public right-of-way AD45 AD45 AD45 AD45 AD45 AD45 AD45 AD45 P44 P44 P44 P46 P44 P44 AD46 P44 AD46 Monopole II support structures H48 AD47 AD47 AD47 H48 H48 AD47 H48 AD47 H48 Parabolic antennas—Large AD45 AD45 AD45 AD45 AD45 AD45 AD45 H46 P44 P44 P44 AD46 P44 P44 AD46 P44 AD46 Blank=Not Allowed P#=Permitted AD=Administrative Conditional Use AC=Accessory Use P=Permitted Use provided condition can be met H=Hearing Examiner Conditional Use #=Condition(s) Uses may be further restricted by: RMC 4-3-020,Airport Related Height and Use Restrictions; RMC 4-3-040C, Uses Permitted in the Automall Improvement District; RMC 4-3-050, Critical Areas Regulations; RMC 4-3-090, Shoreline Master Program Regulations 5