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Council 09/08/2008
AGENDA :$TON CITY COUNCIL REGULAR MEETING September 8,2008 Monday, 7 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. SPECIAL PRESENTATION: Lutheran Compass Center Veteran's Housing 4. PUBLIC HEARING: Amending and extending Comcast's cable television franchise through 2013;implementing a 35-cent per subscriber Public-Educational-Governmental (PEG)fee; and approving a lease agreement for the City's institutional network(I-net) 5. APPEALS: Planning&Development Committee Reports re: Sunset Highlands Mixed-Use Appeal;Nicholson Light Trespass Appeal INABILITY OF THE CITY.COUNC1L 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 notconsider 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. (CONTINUED ON REVISE SIDE) I NOTICE to all participants: pursuant to state law,RCW 42.17.130, campaigning for any ballot measure or candidate from the lectern during any portion of the council meeting, and particularly, during the audience comment portion of the meeting, is PROHIBITED L,,, 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 8/18/2008. Council concur. b. Mayor Law appoints Gwendolyn High to the Planning Commission for an unexpired term expiring 6/30/2010(position previously held by Brad Miller). Refer to Community Services Committee. c. Administrative, Judicial, and Legal Services Department recommends adoption of a resolution acknowledging and supporting the City's Employee Wellness Program. Council concur. (See 10.a. for resolution.) d. Administrative, Judicial, and Legal Services Department requests authorization to hire a Probation Officer at Step D of the salary range. Refer to Finance Committee. e. Community and Economic Development Department submits 10%Notice of Intent to annex petition for the proposed Krail Annexation and recommends a public meeting be set on 9/22/2008 to consider the petition; 69.55 acres located generally south of SE 120th St., west of 158th Ave. SE. Council concur. f. Community and Economic Development Department submits 10%Notice of Intent to annex petition for the proposed Mackay Annexation and recommends a public meeting be set on 9/22/2008 to consider the petition; 10.56 acres located generally west of 148th Ave. SE, south of NE 26th St. Council concur. g. Community Services Department recommends accepting up to$359,459.35 in FEMA grant funding from the Washington State Military Department for seismic retrofitting at Fire Station #11. The City's match is $119,819.65. Refer to Finance Committee. h. Community Services Department submits CAG-06-044,New Park at Union Ave.NE(Heritage Park); and requests approval of the project, commencement of a 60-day lien period, and release of retained amount of$53,825.84 to Ohno Construction Company, contractor, if all required releases are obtained. Council concur. i. Public Works Department recommends amending the 2008 Budget by reorganizing the Surface Water Operations section of the Public Works Maintenance Services Division by reclassifying a vacant Maintenance Services Worker III position to a Maintenance Services Worker I position and reclassifying a Maintenance Services Worker III position to a Lead Maintenance Services Worker position effective 10/1/2008. Council concur. (See 10.b. for ordinance.) j. Technical Services Division recommends approval of a memorandum of understanding with MJF Holding, Inc. accepting compensation in the amount of$9,821 for conversion of a portion of drainage facility for road right-of-way, and authorization to sign the deed of dedication. Council concur. k. Transportation Systems Division recommends approval of a memorandum of agreement with the Federal Aviation Administration(FAA)regarding maintenance of existing navigational aids facilities at the Airport. Council concur. (See 10.b. for resolution.) 1. Transportation Systems Division recommends accepting$3,969,555 in grant funding from the Federal Aviation Administration(FAA)to complete the construction phase of the Runway Resurfacing project. Council concur. (See 10.c. for resolution.) m. Transportation Systems Division recommends approval of a contract in the amount of$23,755.41 with URS Corporation to complete the engineering and design of the Airport Runway Resurfacing Project. Council concur. n. Transportation Systems Division recommends approval of a contract in the amount of$269,935 with Perteet, Inc. for the design of the SW 27th St./Strander Blvd. Extension-Phase 1, Segment 2A project. Council concur. o. Transportation Systems Division recommends approval of Supplemental Agreement No. 4 to CAG-06-082, agreement with KPG, Inc.,to correct the maximum amount payable from $1,569,372 to$2,753,725 and extend the completion date to 6/30/2009 for the Rainier Ave. S. (Grady Way S. to S. 2nd St.) Improvement project. Council concur. (CONTINUED ON NEXT PAGE) 4. p. Transportation Systems Division recommends approval of a construction agreement with Comcast to reimburse the City$83,010 for its share of underground utility conversion as part of the Duvall Ave. NE Widening/Coal Creek Parkway Reconstruction project. Council concur. q. Utility Systems Division requests authorization to purchase a CyberLock®security system for the drinking water distribution system, in the amount of$61,424.23, from iCrescendo, and authorization to transfer$1,425 from the Well 9 Telemetry Improvements account to the Water System Security Improvements account. Refer to Utilities 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. Committee of the Whole: Cable Franchise Renewal* b. Community Services Committee: Library Board Appointment; Municipal Arts Commission Appointments c. Finance Committee: Vouchers; FEMA Grant for Surface Water Facilities* d. Transportation(Aviation)Committee: Airport Layout Plan Agreement with URS Corporation; South Lake WA Roadway Improvements Construction Management Agreement with DMJM Harris; Speed Limit Increase on Edmonds Ave. SE* e. Utility Committee: Water District Storage Study with HDR Engineering 10. RESOLUTIONS AND ORDINANCES Resolutions: a. Supporting the Employee Wellness Program (See 8.c.) b. Memorandum of Agreement with the FAA re:Navigational aids maintenance(See 8.k.) c. FAA Grant for resurfacing airport runway 16/34 (See 8.1.) Ordinances for first reading: 1/460, a. Towing Operations/Auto Impoundment Yards docket amendment(Council approved via Planning&Development Committee report on 4/7/2008) b. 2008 Budget amendment re: Public Works Department positions reclassification(See 8.i.) c. Amending the regulations relating to granting of franchises(See 9.a.) d. Granting Comcast a cable television franchise amendment/extension(See 9.a.) e. 2008 Budget amendment re: Accepting FEMA grant funds for surface water facilities(See 9.c.) f. Speed limit increase on Edmonds Ave. SE(See 9.d.) Ordinance for second and final reading: 2008 Budget amendment re: Panther Creek Culvert Repair project fund transfer(1st reading 8/18/2008) 11. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 12. AUDIENCE COMMENT 13. ADJOURNMENT (CONTINUED REVERSE SIDE) I COMMITTEE OF THE WHOLE AGENDA 1/44001 (Preceding Council Meeting) 7th Floor Conferencing Center 5:00 p.m. Annexation Update; Cable Franchise Renewal; Lutheran Compass Center Veteran's Housing; 2nd Quarter Financial 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&7PMAND SAT.&SUN.AT1 PM&9PM Cable Television Franchise Extension September 8, 2008 Public Hearing Overview - Franchise Extension ■ City grants Comcast the right to operate to provide cable TV in Renton ■ Current franchise expires September 13, 2008 • Formal or informal renewal options (federal Cable Act) ■ City is to review performance and benefits to residents • Steps: • Resolve Institutional Network (I-Net) Ownership • Review Franchise Commitments/Compliance Review • Franchise Fee Review • System Technical Review • Needs Assessment Review • Consider Franchise Agreement & Ordinance Cable Rate Review/ Settlement ■ March 2007: Renton approved settlements with Comcast for cable T\T rates and adopt revised FCC rate orders. • FCC Forms 1235 & 1240 Review (Basic Programming & Network Upgrade) • Disallow network upgrade add-on charge • Exclude B&O tax and set maximum permitted rates • FCC Form 1205 Review (Equipment & Installation Rates) • Approve settlement rates for installation and equipment • Direct Comcast to file refund plans and make rebates to subscribers ■ Executed settlement agreement System Technical Review • System Technical Review and Audit • Conducted November 2006 • Alleged electrical safety code violations • Comcast has corrected • Franchise amendment: certification Franchise Fee Review • Verify Franchise Fee has been paid (Front Range Consulting) • Should advertising revenue be calculated as part of the franchise fee • Per franchise: 10% + discrepancy between financial report submitted by operator and actual gross revenues • Compliance Issue (failure to provide data for review) • Balance risk of unreported franchise fee revenue, considered audit, legal or compliance action • Franchise amendment: language better defining gross revenues Cable Needs & Interests Study ■ Draft Needs Assessment Report ■ CBG Communications, February 2007 ■ Subscribers and non subscribers ■ Cost of service • Services used ■ Quality of channel transmission, installation, problem resolution • Value of governmental, public access programming ■ Use of technology "PEG" ■ Support for Public, Educational, Governmental access channels • Renton's Vision for "G" programming • Primary needs: equipment replacement ($70,000) • Staff recommendation: 35-cent per subscriber per month • Finance Committee recommendation: 19-cent per subscriber per month • Benefits: upgraded equipment & lighting for clearer, crisper images and consistent, clear audio and video Institutional Network • Fiber network that connects city facilities • Who owns it? ■ City and Comcast jointly built it • Provided to the City as part of a settlement • Legal Review/Assess Options - City's interests: • Maintain sole exclusive use • Protect unfettered access • Long-term lease (50 years) • Separate from franchise renewal Summary • For Council's Consideration: • 5 year franchise extension (to 2013) • Selected sections amended (competitive equity, gross revenue, technical audit) • Separate lease for Institutional Network • Proposal for 19-cent per-subscriber, per-month PEG fee for "G" channel needs • ( Y 0 • N CABLE TELEVISION FRANSHISE RENEWAL PUBLIC HEARING September 8,2008 Overview. The City of Renton grants Comcast cable television the right to operate and provide cable television services within the City. The City of Renton is considering a five-year renewal of Comcast's cable television franchise. The company's franchise to operate cable television will expire on September 13, 2008. The franchise renewal involves amending the ordinances that grant the franchise to extend its terms through 2013. A separate action would authorize the Mayor and City Clerk to enter into a lease agreement with Comcast for the City's Institutional Network. Franchise Extension. Comcast provides cable television to approximately 22,000 subscribers in Renton. Residents will not see significant changes in services with the extension of this franchise. The City and Comcast have been negotiating an extension of franchise renewal with an intention to preserve some elements of the existing franchise and to protect the City's continued use of the Institutional Network (a fiber optic cable network that connects a number of City facilities to the city's network systems). In conducting its review of the franchise, Renton has taken the following steps since 2006: • Review of the franchise commitments and compliance review to ensure that Comcast meets the terms of the franchise, including system construction and extension. • A system technical review which resulted in Comcast's correction to electrical code corrections in the field • A review of the rate order forms over the prior term of the franchise • A franchise fee review, including revised definition of advertising revenues • Cable-related needs and interest survey of cable users • Needs assessment report and vision for governmental programming (Channel 21) • Discussion of future support for Public, Educational and Governmental (PEG) • Comcast wished to address how proposals for other video services would be addressed if another company requested a television franchise. • The City wished to include a resolution of ownership of the City's Institutional Network, which will be addressed in a lease agreement with Comcast. Rate Compliance Review. Renton began by determining whether Comcast was in compliance with the City's cable franchise and applicable laws and regulations, by reviewing filings of the annual FCC Forms 1205, 1235 and 1240 with the City. These forms justify Comcast's maximum permitted rates for basic cable equipment and installation, maximum permitted rates that Comcast can charge customers on basic cable programming, and the amount the cable company is allowed to recover the costs of the system upgrade in its rates. The City's cable franchise renewal consulting team (Bradley & Guzzetta, Front Range Consulting, Inc., and Ashpaugh & Sculco), reviewed all annual filings, rate forms, and equipment and installation rates, and determined that Comcast could not justify many of its maximum permitted rates. The City reached settlement on these rate discrepancies in March 2007. At that time, the City Council held a public hearing and accepted the terms of the settlement and adopted a resolution to enact a revised rate order. The settlement allowed completion of franchise fee review; lowered maximum permitted rates; and created subscriber refunds in some cases. The final point of compliance review results now in a proposed amendment to the franchise so that Comcast must provide a technical audit certification that its policies and procedures comply with all applicable laws and codes, and that known maintenance issues have been repaired. Franchise Fee Review. Renton further sought to verify that franchise fees have been appropriately paid to the City. Renton's consulting team highlighted the issue of how Comcast's advertising revenue was included in the calculation of the franchise fee. The review concluded that Comcast did not pay all of the franchise fees owed under the franchise for the period because advertising fees and commissions paid to other agencies were not included in the estimate of gross revenues. Our franchise states that if the City audits and finds a discrepancy of more than 10% between financial report submitted by the operator and actual gross revenues, Comcast agrees to pay the costs of the audit, additional franchise fees due, and interest on late payment. Failure to provide data for review represented a compliance issue which the City asserted. Renton and Comcast debated the inclusion of advertising revenues in gross revenues, and the vague definition of revenues in the franchise made this point difficult to pursue or to calculate a discrepancy of more than 10% of revenues. The City concluded the fee review by identifying the risk and exposure of unreported franchise fee revenue, or litigation or compliance action, and opted to settle the issue with amended franchise language that better defines gross revenues in the future. Consideration of a Public, Educational and Governmental (PEG) subscriber fee. Originally, state-of-the-art cable channel facilities were composed of racks of analog tape decks and automated video switching systems. Recently, the lower cost of digital production and distribution equipment, including cameras, editing systems and software, digital playback servers and new internet technologies have made digital content production the standard. Most of the current City Hall studio and Chambers equipment was purchased prior to the year 2000, and replacement of the playback system along with changes to Council Chambers systems is estimated to cost at least $70,000. As part of cable franchise negotiations, the City of Renton requested that Comcast reimburse the City for some of the historic repair and replacement of cable channel equipment, and ongoing funding for equipment replacement. Federal law provides that PEG funding may be used for capital purposes related to the operation of the government cable channel. Renton's need is to replace equipment, upgrade our current facilities at City Hall for meeting productions and create the ability to shoot live at different locations within the City. Examples of equipment to be replaced include the control system for playback, television and Chambers dais lighting, projector and cameras, and air handling. Comcast proposed a grant that would require dedication of current franchise fee revenues. The City proposed a 35-cent per-subscriber, per-month PEG fee with no up-front grant support, which would generate approximately $92,400 per year. The Finance Committee considered this proposal and given the potential cost of equipment replacement, recommended a 19-cent per- subscriber,per-month fee. Competitive Equity. Recent franchise renewal processes h ciebecon eeol more c cntentious t levisioand recent FCC rulings have not looked favorably on pa franchising. Other influences such as industry consolidation recent federal FCC order allows w telephone have led to a more competitive cable television environment. AAs a providers to make video services available and increase efield toss all entranin the s and Comcast local franchise authority, Renton must offer a le playing requested language to clarify how another video provider's request for a franchise would be addressed if the City receives such a request. fy Institutional Network (separate lease agreement). e City wisher of fato c litieshsu hnassfire hip and use of the fiber optic cable network used to connect a numbe stations and community centers to the city's information he city'slogy network kcsystemsnter. (I-Net). has The I-Net is used to transmit both voice and data from long wished to clarify the ownership of the network, originally dit onst TCI'sed soriginal focus duringa franchise l in lieu of AT&T's compliance with certain franchise design and construction of the I-Net was to complete build out, then turn it over to the City. The ch serves City's build out of its network was predicated on city ownership to the Ci ye tas part ofla settlement) city facilities. Although Renton views the network as provided Comcast claims it never gave ownership to the City1tAWouldlegal conrinue to operatestheeI Net of options, the City and Comcast determined that the City through a 50-year exclusive use lease which the Renton City Council is considering as separately from a franchise extension package. APPROVED BY PLANNING & DEVELOPMENT COMMITTEE CITY COUNCIL COMMITTEE REPORT Date ""'"M? September 8, 2008 SUNSET HIGHLANDS MIXED USE SITE PLAN & CUP APPEAL File LUA 08-028, SA-H, CU-A, ECF (Referred August 4, 2008) The Planning and Development Committee ("Committee")heard this appeal on August 21, 2008. 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. The Committee opened the hearing and heard the presentations and argument by Planning Manager Jennifer Henning, and Applicant's representative Blake Lindsey. Having done so, the Committee hereby finds that there is a substantial error in law. The Appeal was filed by the Applicant, John Graves Architects, LLC, who is seeking a reversal of the Hearing Examiner's Decision which rejected the Site Plan and the Conditional Use Permit.1 The subject property is located on the south side of NE Sunset Boulevard, west of Duvall Avenue NE and east of Union Avenue NE. The surrounding properties are all zoned RMF or CA. The Applicant is proposing a 4-story, 55 foot tall mixed-use building, consisting of 21 multi-family residential dwelling units with approximately 2200 square feet of commercial/retail on the ground level. The excess 5 feet 4 inches beyond the height limit is required in order to accommodate the elevator shaft and stair cases only. All other portions of the building would remain within the 50 foot height limit. There is a Class 4 stream located on the southeast portion of the side (the rear of the proposed building.) The proposal requested a reduction of the buffer to 25 feet. The Development Services Director granted this request subject to buffer enhancement_for the stream. A reduction of the front yard and landscaping setback was also requested to approximately 1 foot, at its narrowest point, along the street frontage. Development Services staff recommended approval of the setback modifications. Given the size and constraints of the property, this proposed project is consistent with the City's vision and Comprehensive Plan policies. The project fits within the confines of the CA zoning and will implement and optimize the City's vision for the NE Sunset Business Corridor, with minimal impacts to surrounding properties. Although the surrounding areas are mostly commercial and/or big box retail, the City's vision for this commercial corridor is to have more mixed use development. This particular Corridor • The original application called for a site plan review and two conditional use permits—one for a height variance for the elevator shaft,and the other to permit a mixed use building in the CA Zone. However,the City Staff later determined that the CA Zone allows a mixed use building. Therefore,the mixed use conditional use issue is not before this Committee. Sunset Highlands Mixed Use Appeal Sept.8,2008 Page 2 allows a density limit up to 60 du/acre if the residential project contains commercial uses along NE Sunset Blvd; and the proposed project is well beneath that, at approximately 26 du/acre, even with the concessions given regarding the setbacks. 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 law in denying the conditional use permit because the applicant did meet the requisite criteria for a conditional use. That the City Council find that the Hearing Examiner made a substantial error of law in that denying the site plan in that it meets the criteria of the City's site plan review and is consistent with the City's Comprehensive Plan and Land Use policies. Move to reverse the Hearing Examiner's Decision dated June 24, 2008 and approve the Site Plan and approve the conditional use permit to allow a height limit extension to 55 feet 4 inch for the elevator and shaft only. This approval shall be conditioned upon all the other recommendations set forth in Section I, pp. 21-22 of the City's Staff Report da_telMay 7,20008 I� s Old , KING PARKER, Chair IllirrP'APS411111 411.1111°aP RICH ZWICKER,Vice hair GREG-T X'LOR,Member cc: Alex Pietsch Chip Vincent Jennifer Henning Ann Nielsen PLANNING & DEVELOPMENT COMMITTEE APPROVED BY COMMITTEE REPORT CIS COUNCIL September 8, 2008 Date 9-f--01.4a8. BRAD NICHOLSON APPEAL OF CODE ENFORCEMENT DECISION RMC 4-8-110(A)(2)Appeal of May 29, 2008 Notice by Code Enforcement (Referred August 4, 2008) Pursuant to a complaint received by Brad Nicholson regarding an allegation of "light trespass,"the City's Code Enforcement Division reviewed the matter and found insufficient basis to issue a citation for the alleged offense. Nicholson"appealed"this issue to the Hearing Examiner. The Hearing Examiner declined to hear the appeal, finding no jurisdiction over alleged code enforcement violation, and insofar as any code violations were criminal in nature, the proper venue would be in Renton Municipal Court. Nicholson subsequently "appealed"the decision by the Hearing Examiner declining to hear this appeal. The Hearing Examiner found no jurisdiction over this matter, and the City Council only has authority to review the Hearing Examiner's decision pursuant to RMC 4-8-110(F). Therefore, this Committee has no option other than to recommend to the full City Council that this matter be dismissed for lack of case or controversy and jurisdiction. 41#f � 1►c ' ' ' R, Chair firlffret.. . RICH ZWIC :',Vice Chair GREG-TLOR,Member cc: Alex Pietsch Chip Vincent Neil Watts Ann Nielsen Fred Kaufman Agenda Item No.: 7.. RENTON CITY COUNCIL MEETING AUDIENCE COMMENT SIGN-UP SHEET (Page 1) CITIZENS MUST PROVIDE NAME AND ADDRESS IN ORDER TO BE CONTACTED OR TO BE A PARTY OF RECORD WHEN APPROPRIATE DATE: I PLEASE PRINT 5 Minute Time Limit 5 Name: DSU U PE2Scpi,1 Name: Address: y O? mIV ; Address: City 0 Zip Codec`30(, 'e Ci a Zip Code Topic: VALLF: kv, H. C% p i Topic: lei 2 6 Name: �J''IL L G('Z�12 KAAA-0 Name: Address:J '4 D S N4'L v74-u.6v 4 LY Address: City Q J 1 z -' Zip Code TO Cf' City Zip Code Topic: \i,¢t_c . v I C--ej •D< A- < Topic: 3 _ 7 Name: G It 0 fd,(G-1*-4 Name: Address: 1(0-405 rnAP(t VALLtY W y Address: 3(, City ( JM ) Zip Code q M 5 $ City Zip Code Topic: \ALLFy Viz,(,) Toic:, 4 , © . A p 4 8 Name: J ZZ c ffrk 6 ck Name: Address: p&p'.C9 /Q y H-30, Address: City Zip Code geY06---? City Zip Code Topic: 5 G Topic: (CONTINUED ON REVERSE SIDE) YN= ,DI Applicant: Robert McCormick File No.: L08P0003 — McCormick Plat C;Lizen 161 Mapleway Road &WI/Men-F Selah, WA 98942 DDES Project Manager: Kim Claussen Telephone No.: 206-296-7167 �CN TO C l Ty#L-vA0b'-013e-mail: Kimberly,claussen@kingcounty.gov Consultants: Pacific Engineering Design LLC Date Application Filed: April 2, 2008 15445 53rAvenue S Date Determined Complete: May 7, 2008 Seattle WA 98188 206-431-7970 Project Location: The site is located on the south side of Maple Valley Highway (SR-169), west of Jones Road Project Description: This is a proposal to subdivide 11.59 acres zoned R-12 and RA-5 into 37 lots for single family detached residences, and tracts for critical areas, drainage, and open space Permits requested in this application: Formal subdivision Relevant environmental documents are available at the address below: Environmental checklist, drainage study, geotechnical study, wetland/stream study, traffic study Development regulations to be used for project mitigation, known at this time: King County Code 21A., including critical area regulations, 2007 King County Road Standards and 2005 Surface Water Design Manual Consistency with applicable County plans and regulations: This proposal will be reviewed for compliance with all applicable King County Codes, including those noted above Other permits not included in this application, known at this time: None ToP -SAVitC5 PrW ARESIDEkrr VR\AM V c'NRNi;F .ZU E,.:b 1-kcj c ex) tomuN Cr cRorn`, -0-& N ?, \3RtGt ern , V A 1411Z4 V tc,t13 (PEN c u CT I nm A Vtzl-NAcct V -T ZAN wt-(o SE ��D my U NICRV tioNoR.AQA-'( FoR '/EAOS , f\f i k sr1j SERV ICS , s GHGS, CoSmETOLCcG'y AS m'l S coN1h cP\ts R PNS '46\a, ZEEN 1-tAt& Sit{ L1ST AT TM SAm. 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Tttz °No o \ tJ ou\K c_,mrcw N -rhfcv Wo is Lt, >0 1) u f i-tomEc_tSS RN'b ( -*c Co is LI sv Rv k\ T fV1T ') LZ fta kit Le U-S To SRV S ok) Co moo N tT`I r �0 N T , \G Atv\ ` ffUii \(‘W/ u1.3 cc 3 (0 1 CITY OF RENTON COUNCIL AGENDA BILL tro I, . 1 Submitting Data: NW Dept/Div/Board.. AJLS/Mayor's Office For Agenda of: September 8, 2008 Staff Contact Denis Law, Mayor Agenda Status Consent X Subject: Public Hearing.. Planning Commission Appointment: Oorr . Gwendolyn High Ordinnananondence.ce Resolution Old Business Exhibits: New Business Community Service Application Study Sessions Information Recommended Action: Approvals: Refer to Community Services Committee Legal Dept Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated ilittioe Total Project Budget City Share Total Project SUMMARY OF ACTION: Mayor Law appoints the following to the Planning Commission for an unexpired term expiring on June 30, 2010: Gwendolyn High, 155 Yakima Ave NE, Renton, WA, 98059 (position previously held by Brad Miller) STAFF RECOMMENDATION: Confirm Mayor Law's appointment of Ms.High to the Planning Commission. kore Rentonnet/agnbill/ bh Q8103/1496 15:11 4127272324 EQUINOX ART & DESIGN PAGE 01 CITY OF RENTON APPLICATION FOR COMMIINIT Y SERVICE If you ary interested in participating in local government by membership on any of the following City boards. commissions.or committees,please complete this application and return it to: 6 Office of the Mayor i F)C' , City of Renton JUL t4 I OSS South Grady Way Renton, W,t! 98057MAYOR'S Chea(theboard✓comnrissians/conrnrlttees in which you are interested; t CI AIRPORT ADVISORY COMMITTEE* .kPi.ANN1NO COMMISSION* ❑ CIVII.SERVICE COMMISSION* ❑ ADVISORY COMMISSION ON DIVERSITY* LI HOUSING AUTHORITY* ❑ SENIOR CITIZENS ADVISORY COMMITTEE* ❑ HUM\N stilt VICES ADVISORY CCIMMJI l EI ❑ SISTER CITY COMMITTEE-CUAUTLA ❑ LIBRARY HOARD* ❑ SISTER CITY COMMITTEE-NISHIWAKI ❑ kiln:1<'It'AI.ARTS COMMISSION* LI NON-MOTORIZED TRANSPORTATION ADV CMTE ❑ PARKS COMMISSION* 'Special membership requirements apply. Visit www.rentonwa.gov or call 425-130-6500.hr details, Thur appli,•utinn will he given every consideration as vacancies occur. MR.p4 NIS.i NAME a•Li.)r AJ()DLL/ i i-1•1&N.&N. DATE7/2-,OS) _Ar '?L ��1/ _ ZIP CODE_ AiLdef PIION!; DAY y2 -`/7.01/7 NIGHT L/Z53.C(7.olJ7 . EMAIL awe NIXJi..y,tlt-flGtie-itz'TMNL‘ C'IDGl AFTER_ LtgLcrz+`y RENTON RESIDENT? A iJN it-t il0N S/) /Or IF SO.SINCE WHEN? CITY 01 FORMER RESIDENCE t)&t t l,)C Ql(•P e)t�-0,71: 1 IC•(k).0 CVO k.-r Fri EDIJCATI()N.AL BACKGROUNDS �qQI� - OPT/( '•> LG ci U OCCUP.A I'ION J'fi-•C-42.1E tv&ic.:-Y2_ EMPLOYER L.-0t2,R*71.:6l,,.y UP OCCUP.A tiONAL HACKGROIJND PCf\-&t . e.._L. t,mt:_ 50 c r 1 V --r V t It _L. n\a S - ick nkf?,.-1e.1-cS ( f...:1 E ms) COMMt!NITY A('TI VITIES(organizations/clubs/service groups.etc.) P LE ft �t s�.�.� <s a(gym t rn'n Ii 'A__• U'NW t t` A UN.k&s Pte- (..txx' ., REASON VI)E APPLYING FOR THIS BOARD/COMMISSION/COMnMITTEti I I-I AVL: B�C_(�) t.,e_ K t IVCs i o 1 n-4 h\`l .I JL le-,14E30 Z..S c-,i...3 -T-1-4-c. 1..e t:�‘70c..1 J't_ATE+E ) r.-) Q E F C bt C4�)/lC i ,•I n/- t. i t'� , .E- 7 4/1.i./.4.5_ THi is ,.S A xtf>t arca:_, ear•+ e r-A , t�,�, m CAN ATTEND DAY MEETINGS? 1-{t 5 rt "' �'''�t}� 7n QVL . f CAN A'T'TEND NIGHT MEETINGS?.-_ C IFS fA•ppbkAhomi will be kept on file for one year. If you have queatione about uerving on at board, commission,or cornm ittee,_pleose fear free to contact the Mayor',Office at 42$-430.U0l. 6/10/14 __......1 i'aC: e.X P. / 2 5.cf3o. (m52 3 FAX CE. V1iiteY C4 1IFK‘knC'er—. ee.1 . ren-fin , t..1Je.i. . JS " . . k Gwendolyn High 13405158"Avenue SE Renton WA 9805,` i high_house@j uno.cornft., - -''425.917:0117 SERVICE N01lElNBER 2flO1 TO PRESENT C,A:R,E,-COMMUNITY ALl IANCE TO REACH OUT&ENGAGE-RENTON WA PRIVATE/1.'18N 20PR1'TO PRESENT ER CO-FOUNDER ANO PRESIDENT = • • Administer 501(c)4;nonprofit corporation >., • Manage.15 core team volunteers, 24 second tier feamwolynteers and as many as 6"program committees active in • polic'IiegislatiVe analysis and advocacy in the areas of t�.and else, ©evelopment,,Zoning, Environmental Stewardship,.Urban Planning, Transportation, Public Safety and Governance issues. • Provide fundraising'and volunteer development leadership.of 100%volunteer staffed and donation funded organization with' 600+•participant households. • Direct activities of volunteersaS•well'as'manage and contract legal, professional and technical services. • Determine and forrnulate policies and provide the"overall direction through=planning and coordinator-1'6f operational•activities with the help of executivecommittee and core team. ` ,, ' • Establish, oversee and implement administrative procedures to ensuro erganization's financial and budget activities are • ,directed and.coordinated to fund operations and maximize program activities efficiently through judicious_use of business , . -and management principles involved in strategic planning, resource allocation, leadership technique;project management methods, and coordination of people and resources. • Prepare,and maintain records.and reports, such as budgets,volunteer records, community lending library and_histories of program activities, including a strict personal data privacy policy. • Represent organization and,•its program activities in relations with governmental and media institutions. • Cond.uct investigations, prepare comprehensive analysis and recommendations for land.use applications and.represent the community as Intervener in hearings before the King County and City of Renton Hearing Examiners. . . ': •. • • Establish and maintain constructive and cooperative working relationships with local government agencies and organizations in our'community by-encouraging and building.mutual trust, respect, and cooperation to meet community needs. • • Research and analyze community needs to determine program directions and goals through-direct outreach, surveys,and • ongoing educational programs. • Speak to community groups to explain and interpret agency purposes,programs, and policies;tailoring each event to address the multiple-audiences'individualdifferences in familiarity, personality,interests, learning styles and motivation and •• eliciting collaborative participation and feedback. MARCH 200808 TO PRESENT DOES'• PERMIT FEE TECHNICAL ADVISORY COMMITTEE-KING COUNTY WA PUBLIC/APPOi TO EER REPRESENTATIVE FOR THE URBAN UNINCORPORATED AREA • Review legislative/policy and recommend improvements to the King County Department of Development and Environmental ' Services Permit.Fee structure and Project Management processes. MARCH 2008 TO.PRESENT DDES FORM BASED CODES PILOT PROJECT COMMITTEE-KING COUNTY WA PUMARCH 01 DTO PRESENT REPRESENTATIVE FOR THE EAST'RENTON PLATEAU PILOT AREA - •' ER I • Collaborate to draft new core requirements and to prepare for complete King CountyLand'Use regulatory' transformation APRIL 2008 TO PRESENT FOUR CREEKS UNINCORPORATED AREA COUNCIL—KING COUNTY WA PURL p uL'2006 TO PRESENT ai GROVdTH'MANAGEMENT COMMITTEE ADVISOR FOURTH QUARTER.ZU05 EAST RENTON PLATEAU.CITIZENS ADVISORY BOARD-RENTON WA PUBLICIAPPCNUART OLUNTEER RESIDENT REPRESENTATIVE MAY 2002.,To NOVEM�R 2004 FOUR CREEKS UNINCORPORATED AREA COUNCIL—KING COUNTY WA P002 jo�ECTEDL•VOLUN004 • eeR REPRESENTATIVE ' • • Community representation under King County's Citizens' Participation Initiative • Secretary/Webmaster/Transportation Committee Chair - },...� „5(S - 2002ON —2003 SESSION TRANSPORTATION CONCURRENCY ADVISORY COMMITTEE•KING COUNTY WA PUBLICIOINTEDIVOLUNF REPi2ESENiATNE'; EEII • Represented the 350,000 King County residents in the development of transportation policy updates as the'sole independent citizen member on a panel including regional government and building industry representatives • Gwendolyn High 13405 158th Ayenue SE Renton WA 98059 highhouse@juno.com 425.917.0117 Nome EMPLOYMENT HISTORY :--,. Asix INC.-A wou..y OWNED SUBSIDIARY OF MANATRON INC.—BELLEVUE WA . , •AP.811,2003 ToApRii_2008 PROGRAMMER AysT . PUBliFORPROFIT/EmPLOYEE . • Coded and supported the database platform-independent(SQLSVR, ORACLE, and lEiM INFORMI ) accounting And , -.• , financial reports applications for the largest North American suoplier,of prgperty tax systems servicing the Treasurer 00, Assessor Offices of Ib'counties iti'ii4ifpfei. R43000616 Or softre lifecyclefOiliropertY tax reporting system fromi '. fefillirernehtilliecifiCPtion'thicitigh iiiiPlenierialibWand'Mainleriaioe2" .. _. ... . WAskriNs•ro.,Mtrrum.BANK rk agATTLE WA:, - ,,-: ,;,:,.It,:.. " .,; 7.- ', Lr, .!. • - 1 JUNE 2002 TO APRIL 2003 PROJECT MANAGER/TECHNICAL ANALYST CONTRACT VIA KFORCE INC. • Responsible for effective on-time,clelivery,facilitation and coordination with security,facility; vendor and management departmen4,acrpss'all-bahl5 departments for7replacement of 77,000.desktpps,and dedicated ATM/kiosk systems for the Bank's WinXP conversion. This project was the largest simultaneous WAN/LAN/Security/Hardware/Software/Telecom infrastructure transformation project in the US to date. „ THE BOEING Cam r.Aky,,---Rekroni WA ' ' ' "-': JUNE 1997 TO NOVEMBER 2001 , ,. . , .,. DATABASE AOMINISTRATORAPPUCATION DEVELOPER/REPORT OEVELOPER/FliNCTIONAL ANALYST/WEB '' CONTRACT VIAL NoR#6 INC. DEVELOPER • Emergency report development and data analysisfor CEO, Office Of the President and Senior Sales Directors of the Commercial Airplane Group. • Coded and supported:aUtornated report generation and distribution system; dynamic user configurable custom query aplificationriintlineleaktirrie Intranet reporting aPOlication; Commercial Airplane Sales'Public Orders and Deliveries vitebsfte. . • Contributed to our work group's pilot team achievement of SEI/CMM certification. KING COUNTY ROADS MAINTENANCE DIVISION—RENTON WA ,, „ FEBRUARY 1996 TO JUNE 1997 APPLICATION DEVELOPER/DATABASE ADMINISTRATOR „ GOVERNMENT/EMPLOYEE • Independently converted mainframe Pavement Management System, Road Network Inventory System and Utilities , 1410„, Inspection,Management System applications to MS Access. • Independently cpded.secured multi-user database systems including data entryand edit interfaces and automated cross platform data import and export applications for Geographic Information System integration. , MICROSOFT—ReomoNDWA AUGUST 1995 TO FEBRUARY 1996 ACCESS SUPPORT ENGINEER . • CONTRACT\AA VOLT INC. • Provided.technical support for all aspects of MS Access for alljevels of support contracts. ,.. „ f.. , ,,... CROWLEY MARINE SERVICES—SEATTLE WA FEBRUARY 1995 TO AUGUST 1995 ASSISTANT PROJECT MANAGER PRIVATE/FOR PROFIT/EMPLOYEE • Coordinated freight logistics and regulatory compliance for marine cargo transportation operation-including high explosives and hazardpusmateriels.:-with US Coast Guard US Navy, US Customs, Seattle Fire Department; and PortotSeattle. • Coded and supported the terminal's first tracking and scheduling databases. PRINT NORTHwEST/SIXSIGNIA—FIFE WA" JULY 4994 TO'FEBRUARY 1995 DATA AND PROCESS ANALYST/TECHNICAL AND PROCESS TRAINER PRIVATE/FOR PROFIT/EMPLOYEE .'WrOte user's manual and workflow procedures for new ERP/inventory control system to achieve order fulfillment process optimliatioh:"data accuracy/quality and meet higher customer service metrics. Quasi-INTECFiATEo;INc.—KENT WA• SEriiEMBER1993'TO Jiinik 1994 ELEciiRebP11Ci'S4C1 ZST1FIELD SERVICE TECHNICIAN/NOT-DATA ANALYST PRIVATE/FOR PROFIT/EMPLOYEE SUNDSTRAND DATA CONTROL/GLOBAL WOLFSBERG—REDMOND WA ,, „ , NOVEMBER 199t TO MARCH 1992 GPS/ELECTRONIC TECHNICIAN PRIVATE/FORPROFITIEMPLOYEE o's, - ,i7f: l'Wo. •••• C.i!:' . STELLAR TEOHNW.S6ICS o -EDMONDS/SEATTLE WA JUNE 1990 TO AUGUST 1993 PROGRAM MANAGER/HOLOGRAPHER , •- ' . .•,,!!: 1 !t o •,: , PRIVATE/FOR PROFIT/EMPLOYEE Now t Gwendolyn High 13405 158th Avenue SE Renton WA 9805c • high house@juno.com NoS 425.917.0117 DISCIPLINES I INDUSTRY SKILL I YEARS RATING I SOFTWARE NON AVIATION 1 GOVERNMENT RESEARCH& BANKING SHIPPING PROFIT DEVELOPMENT f I X fj f X X X ' OJECT MANAGER 18 PR 110 )( { ( 110 X f X ` X i TECHNICAL ANALYST 1 18 I k r t110 I X If X i X j FUNCTIONAL ANALYST 118 (118 110 X X %( x QATA ANALYST PROCESS ANALYST 1 18 10 X I I I f I I I I I LOGISTICAL COORDINATOR 1 18 I10 I x X I I 1 j REQUIREMENTS SPECIFICATION 118 110 X I I X X X X X j !TECHNICAL DOCUMENTATION 1 18 110 X X I1 j X X [SCHEDULING 18 i 10 X X I f 110 X J I X X I I !RESOURCE MANAGEMENT 18 x I I �RAINER 118 10 x X 110 ` X X _ PROGRAMMER ANALYST 15 I 110 X X X I x f 1 I REPORT DEVELOPER 15 • (__ IS X x I X I APPLICATION DEVELOPER I j 115I X X X X 1 1 1 DATABASE.ADMINISTRATOR 1 15 6 I i tX 1 I � I x. I CONVERSION ANALYST 114 10 I x I x I X f f I REGULATORY COMPUANCE 13 110 I I X j I W EB DEVELOPER 111 6 I_ X I I 1 LEGISLATIVE AND POLICY 17 10 I 1 X II 1I DEVELOPMENT 1 I X FUNDRAISING 7 8 1 I 18 x I I I I MEMBERSHIP DEVELOPMENT 7 1 I X IELECTRO OPTICS SPECIAUST 14 8 I fI I FIELD SERVICE TECHNICIAN 4 8 X III i X NDT-DATA ANALYST j 4 18 f i I x ELECTRONICS TECHNICIAN 14 18 f 1 1 X PROGRAM MANAGER 13 8 { HOLOGRAPHER 1 3 18 X I 1 SUPPORT ENGINEER 1 110 X 1 8 X I I 1 f 1 CAMPAIGN MANAGEMENT ,1 I Gwendolyn High 13405 158"'Avenue SE fir► Renton WA 98059 high_house@juno.com TOOLS 425.917,0117 'SKILL I YEARS i RATING ! II I INDUSTRY t I SOFTWARE I NON ( AVIATION (GOVERNMENT RESEARCH& 4I BANKING SHIPPING II EXCEL �' Nom ( DEVELOPMENT I 18 I8 X X X I X X X j ACCESS 115 110 X ! X - i I X X I X X ' X VBA------- ?15 110 X 1 X I X � f i In owERPoINT 12 18 X X l X I HTML 11 16 X ' X --- -j--- i---—a DREAMWEAVER 11 6 X -- i X i f j —! I SQL X SVR 8 7 X 1 i . -j- 1 (INFORMIX t I 15 17 X 1 I ! I i I ORACLE }5 7 I X I SCI-CMM �4 '8 ' I i, � X X 1 LASH 4 6 ( — — ; — — _ ' "F -� X I X SHOCKWAVE 1-,--1. I6 � I I X i COLD FUSION 4 6 I X --- I _4__ X err' EDUCATION EDUCATION BOEING CORPORATE TRAINING SEI/CMM, Visual Basic, Dreamweaver, Cold Fusion, SQL SVR, Flash/Shockwave, Windows 2000, Productivity Plus, .NET 1997 to 2001 ARES Advanced Visual Basic MICROSOFT CORPORATE TRAINING Hardware, Software and Service 1997 TEXAS STATE TECHNICAL COLLEGE Lasers and Electro Optics 1996 AAS 1990 CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: AJLS Dept/Div/BoardMayor's Office For Agenda of: Staff Contact Marty Wine, x6526 Se I tember 8, 2008 Agenda Status Subject: Consent X Employee Wellness Program Public Hearing.. Correspondence.. Ordinance Resolution X Exhibits: Old Business New Business Resolution Study Sessions Information Recommended Action: Council concur Approvals: Legal Dept X Finance Dept Other Fiscal Impact: None Expenditure Required... Amount Budgeted Transfer/Amendment Total Project Bud:et Revenue Generated City Share Total Project.. SUMMARY OF ACTION: The Employee Wellness Program has been serving City of Renton employees since its in 1990. creation STAFF RECOMMENDATION: Acknowledge and support the efforts of the Employee Wellness Program. kime Rentonnet/agnbill/ bh CITY OF RENTON, WASHINGTON `'�► RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, SUPPORTING THE CITY OF RENTON EMPLOYEE WELLNESS PROGRAM WHEREAS, the City of Renton adopted an Employee Wellness Program in 1990 to aid and encourage employees to maintain good physical and mental health; and WHEREAS, the Renton City Council recognizes that employee health is related to lifestyle decisions, and many illnesses and injuries can be prevented by positive individual health practices; and WHEREAS, the Renton City Council further recognizes that improvements to employee health, achievable through active workplace health promotion programs, activities, and incentives, can result in better morale, reduced absenteeism, and enhanced productivity and 'carr performance; and WHEREAS, the Employee Wellness Program is aimed at improving the quality of life through education about health and fitness, decreasing the usage of medical services under the employee health plan, decreasing the incidence of workplace injuries and the severity of injury claims expense, reducing sick leave usage, improving employee morale and well-being and increasing recreational opportunities which lead to improved physical and emotional health. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Employee wellness Program for City employees has the full support of the Council. Noisw 1 RESOLUTION NO. 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.1358:8/12/08:scr tial 2 y %1- 7 CITY OF RENTON COUNCIL AGENDA BILL AI#: 4:3e Clip Submitting Data: For Agenda of: 9/8/09 Dept/Div/Board.. AJLS/Municipal Court Staff Contact Joe McGuire #6531 Agenda Status Consent X Subject: Public Hearing.. Hire Probation Officer at a18 step D. Correspondence.. Start Date 9/16/08 Ordinance Resolution Old Business Exhibits: New Business Study Sessions Issue Paper Information Recommended Action: Approvals: Refer to Finance Committee Legal Dept Finance Dept Other IFiscal Impact: killExpenditure Required... - $1,032 Transfer/Amendment Amount Budgeted $18,308 Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: This employee is coming to Renton from the King County District Court system. Her county salary is higher than the City of Renton Salary Range. She has six years experience as a Probation Officer with the City of Auburn and King County and comes here very highly recommended. In order to attract that experience and talent the D step is deserved. STAFF RECOMMENDATION: Approve hiring of a Probation Officer at grade a18 step D Rentonnet/agnbill/ bh fcY Gti,, �� ADMINISTRATIVE, JUDICIAL, AND LEGAL SERVICES DEPARTMENT MEMORANDUM DATE: August 26, 2008 TO: Marci Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: Jay Covington, Chief Administrative Officer STAFF CONTACT: Joe McGuire, Court Services Director(x6531) SUBJECT: Request to Fill a Probation Officer Position (Grade a18) at Step D of the Salary Schedule *ire ISSUE: Should authorization be granted to the Administrative, Judicial and Legal Services Division to fill the Probation Officer position (Grade a18) at Step D of the salary schedule? RECOMMENDATION: Authorize the Administrative, Judicial and Legal Services Division to fill The Probation Officer position (grade a18) at the step D of the salary schedule. BACKGROUND SUMMARY: The Administrative, Judicial and Legal Services Division requests authorization to fill the Probation Officer position (Grade al 8) at Step D of the salary schedule. City policy(300-41) requires that Council approve the filling of vacant positions at salary ranges above Step C. This request is needed to allow the Administrative, Judicial and Legal Services Division the ability to offer a more competitive salary to the selected qualified applicant. The prior Probation Officer was being paid at the E step. If the current candidate is allowed to start at the D step, Salary and Benefits will be reduced $1,032 below budget for the year 2008. The Administrative Judicial and Legal Services Division has offered this position to a highly qualified candidate, who has accepted that offer of employment. She agreed to accept the position at the alb grade Step D contingent upon council approval. The Administrative, Judicial and Legal Services Division believes that based on her qualified experience and expertise,this candidate will be a significant asset to the City. " emil The qualified applicant will have to take a significant pay cut to accept the Probation Officer position even at the Step D of the salary schedule. The candidate has accepted this position and we are requesting the higher salary within the established salary schedule of the position. The Probation Officer salary range is $51,564 per year(Step A) to $62,772 per year (Step E). The qualified applicant is currently a Probation Officer with the King county District Court system. Her previous position was with the City of Auburn Probation Department. During the interview process this candidate impressed the selection team with her positive can- do attitude, innovative ideas, knowledge and demeanor. She also comes highly recommended by prior supervisors and Judges. By accepting the Probation Officer position at Grade al8, Step D the candidate would take a significant reduction in pay, vacation and other benefits. The ability to offer this candidate the Probation Officer position at Grade al8, Step D, would lessen the pay reduction and help offset the benefits package that the candidate would give up in leaving her current employment in order to join the City of Renton. CONCLUSION: The Administrative and Legal Services division requests authorization to fill the vacant Probation Officer position (Grade al8) at Step D of the salary schedule. CITY OF RENTON COUNCIL AGENDA BILL AI#: S . e `r 1 Submitting Data: For Agenda of: Dept/Div/Board.. Department of Community and September 8, 2008 Economic Development Staff Contact Angie Mathias, x-6576 Agenda Status Consent X Subject: Public Hearing.. PROPOSED ANNEXATION Correspondence.. Krail Annexation - 10% Notice of Intention to Ordinance Commence Annexation Proceedings Petition Resolution Old Business Exhibits: New Business Study Sessions Issue Paper, Annexation Petition Certification, 10% Information Petition Recommended Action: Approvals: Council concur Legal Dept X Finance Dept Other WiliTFiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget N/A City Share Total Project.. SUMMARY OF ACTION: The petitioners submitted this petition to the City Clerk on July 24, 2008, and the signatures were certified by the King County Department of Assessments on August 6, 2008. The proposed 69.55-acre annexation site is located in Renton's Potential Annexation Area, abutting the eastern portion of the current City limits. The area abuts the Urban Growth Boundary with its northern border and at portions of its eastern border. State law requires a public meeting with the proponents within 60-days of their submittal to consider their request. STAFF RECOMMENDATION: Set September 22, 2008 for a public meeting to consider the 10%Notice of Intention to Commence Annexation Proceedings petition for the proposed Krail Annexation. O CITY OF RENTON € DEPARTMENT OF COMMUNITY & ECONOMIC •��N�O�• '" DEVELOPMENT MEMORANDUM DATE: August 29, 2008 TO: Marcie Palmer, Council President City Councilmembers VIA: pt.„ Denis Law, Mayor FROM: Alex Pietsch, Administrator Department of Community & conomic Development STAFF CONTACT: Angie Mathias x 6576 SUBJECT: Proposed Krail Annexation - 10% Notice of Intent Petition ISSUE: The City is in receipt of a 10% Notice of Intent petition to annex 69.55-acres by the direct ,,,,. petition method, as well as the required $2500 filing fee. State law requires that the Council hold a public meeting with the annexation proponents within 60 days of receipt of a 10% Notice of Intent petition to decide whether to accept, reject, or geographically modify the proposal, whether to require the assumption of bonded indebtedness, and whether to require the simultaneous adoption of City zoning, consistent with the Comprehensive Plan, if the proposed annexation is successful. RECOMMENDATION: On the basis of the following analysis, the Administration recommends that Council accept the 10% Notice of Intent petition. If Council concurs, the Administration recommends that it take the following actions (pursuant to RCW 35A.14.120): • Accept the 10% Notice of Intent to Commence Annexation Proceedings petition; and • Authorize the circulation of a 60% Direct Petition to Annex for the 10.56-acre area; and • Require that property owners within the proposed annexation area accept City of Renton zoning that is consistent with the City's Comprehensive Plan land use designation; and • Inform property owners within the proposed annexation area that they will not lofty be required to assume their proportional share of the City's outstanding Proposed Krail Annexation 10%Notice of Intent indebtedness ($.07861 per $1,000 of assessed value) as this tax levy is related to a senior housing bond which will be retired in 2009. BACKGROUND SUMMARY: The rectangular shaped Krail Annexation site is generally located south of Southeast 120th Street, west of 156th Avenue Southeast if extended, west of City limits, with parcel lines as the southern boundary. There are no covenants to annex in this area. 1. Location: The proposed 69.55-acre Krail Annexation is bordered by the existing City boundary at the north and west. 2. Assessed value: The 2008 assessed valuation of the subject annexation site, at current development, is $27,581,100. Of the 91 existing homes, the average assessed value is $278,920. 3. Natural features: The area has a very small area with steep slopes ranging from 15 to 25%. There is also a very small portion of a Class IV stream that has a segment measuring approximately 400 feet in length running just inside the eastern boundary of the area. There are no identified wetlands within the Krail Annexation area. 4. Existing land uses: The existing land uses are residential and vacant land. Of the residential development there are approximately 91 single-family dwellings. The estimated existing population is 209 people. 5. Existing zoning: Existing King County zoning is R-4. This area has been pre-zoned by the City of Renton for R-4 zoning which allows four dwelling units per net acre. 6. Comprehensive Plan: Renton's Comprehensive Plan designates the subject annexation site as Residential Low Density (RLD). This designation allows R-4 zoning at a maximum density of four units per net acre, R-1 zoning at a maximum density of one dwelling unit per net acre, or Resource Conservation zoning at a maximum density of one dwelling unit per ten net acres. 7. School District: The Krail Annexation Area is a part of the Issaquah School District and the school district boundaries will not change upon annexation; 8. Public services: All responding City of Renton departments and divisions noted that the annexation represents a logical extension of their respective services and systems. Specific comments follow: Wastewater Utility. The area is within the Renton wastewater service area. Currently, the City is installing sewer to the White Fence Ranch plat. Properties south of Southeast 128th can be served as they develop. It is anticipated that as new construction occurs in the area, developers will bear the costs of extending the sewer lines. The annexation does not present any problems for the utility and it represents a logical extension of their services. Page 2 of 6 Proposed Krail Annexation 10%Notice of Intent Water Utility. The subject site is located within Water District 90's service area. It is expected that developer extensions of the water mains will be facilitate additional provision of water for fire protection and domestic use within the annexation area. Parks. King County's Cedar River-to-Lake Sammamish Trail Park is located within the annexation area. The trail park is approximately 14.04 acres in size and is part of a regional trail system. May Valley Park, a 54.26 acre park a county operated park, is located approximately 3/4 mile to the north of the annexation area. May Valley Park features a system of trails. Staff noted that the area has a shortfall of parks, as well as recreation amenities and activities when compared with City of Renton Level of Service goals. In order to serve the area at a level that would meet City of Renton Level of Service goals, the City would need to acquire, develop, and maintain parkland. This ought to occur over the ten-year build out time frame in order to serve the projected population. The development and maintenance of such a park would require additional staffing. However, the Community Services department indicated that the annexation area does not present any problems for their division and that it represents a logical extension of the services provided by their department. Fire. Fire District #25 currently serves the subject site. Renton currently provides fire suppression services to the District under contract. Upon annexation, Renton Fire and Emergency Services would continue to provide fire prevention and suppression services for the area, but do so as a basic City service rather than under contract. Police. The Police Department did not indicate any concerns regarding this proposed annexation. Staff estimated the number of current annual calls for police service as 85.5 and future calls for service were estimated to be 175.78. The annexation does not present any problems for the Department and it represents a logical extension of their services. Surface Water. The proposed annexation is located within two drainage basins: Lower Cedar River and May Creek. Both of these basins have been identified as having significant erosion, water quality, and habitat problems due to urbanization. Staff notes that future development should be conditioned through SEPA to meet the 2005 King County Surface Water Design Manual or current drainage standards equivalent. The majority of the residential housing in the area is within the 124-lot White Fence Ranch plat constructed in 1960. The drainage system is largely comprised of ditches, which is not current standard of conveying drainage. There are no significant drainage problems in the area, however in 2008, some backyard and crawlspace flooding was reported by homes bordering the Maureen Highlands plat. Staff noted that in order to serve the area, staffing levels would need to expand, especially as the area develops and there is additional public infrastructure to maintain and operate. Existing revenue from the 91 single-family homes and one commercial property in the area is estimated to be approximately $8,728 per year. The City would not assume maintenance responsibilities for the one stormwater facility in the annexation area. Nomov Page 3 of 6 Proposed Krail Annexation 10%Notice of Intent Transportation Systems. The Transportation Systems staff has no concerns regarding the proposed annexation. However, staff anticipates that the basic parameters and concepts of the adopted Northeast 3rd/Northeast 4th street corridor improvements will be extended to the section of Northeast 4th Street within the proposed annexation. Dedication of one-foot width of right-of-way on both sides of Northeast 4th will be needed to accommodate the planned improvements. The section of 156th Avenue Southeast within the proposed annexation area width of Northeast 4th will be classified as a minor arterial. Staff notes that a 12-foot right-of- way dedication along 156th Avenue Southeast will be needed to accommodate the future planned widening of 156th from a two-lane roadway to a five-lane roadway with bike lanes on each side. Staff also noted that the area has no curbs, gutters, or sidewalks. The roadway widths and pavement thickness of streets in the area do not meet current City standards. Staff notes that it is expected that street upgrades that meet City of Renton standards will occur at the expense of new development. The annexation will not require any additional Transportation Systems staff. The energy costs associated with existing and future street lighting will be incurred by the City, but do not represent a financial burden. The City will assume ownership and responsibility for all existing and new streets in the area, as well as the signal at Northeast 4 Street/156th Avenue Southeast. No new agreements or franchises are anticipated as a result of the proposed annexation. The annexation does not present any problems for the Department and it represents a logical extension of their services. Public Works Maintenance. Staff indicated that the there is a large raised area on the east side of Southeast 128th Street and 156th Avenue Southeast that should be repaired by King County before annexation. Additionally, there are two broken concrete panels on Southeast 128th Street at 158th Avenue Southeast. Staff has seen indications that King County may in fact be reparing to conduct such repairs. Finally, staff noted that there is a portion of 156th Avenue Southeast that is prone to flooding. Also, it was noted that the cumulative effects of smaller scale annexations do lead to the need for additional staff and resources. The annexation does not present any problems for the Department and it represents a logical extension of their services. Building. The Building section did not indicate any concerns regarding the proposed annexation. The Krail Annexation Area is located in a portion of the City where it is required that physical addresses be changed to the City of Renton addressing system upon annexation. All households within the area will have their physical address changed when the annexation becomes effective. ANALYSIS OF THE PROPOSED ANNEXATION: 1. Consistency with the Comprehensive Plan: Renton's Comprehensive Plan annexation policies generally support this proposed annexation. The subject site is within the City's Potential Annexation Area and has been subject to development pressure under the King County Comprehensive Plan, zoning, and subdivision regulations (Policies LU-36 and LU-37). The area would also be '.rte Page 4 of 6 Proposed Krail Annexation 10%Notice of Intent available for urbanization under Renton's Residential Low Density land use designation. Renton is the logical provider of most urban infrastructure and services to the'oorior (Policy LU-38). 2. Consistency with the Boundary Review Board Objectives: (from RCW 36.93.180) a. Preservation of natural neighborhoods and communities; The proposed annexation would cause no disruption to the larger community. b. Use of physical boundaries, including but not limited to bodies of water, highways, and land contours; The subject site is bounded essentially on three sides by existing City limits and on one side the Urban Growth Boundary. c. Creation and preservation of logical service areas; Water and sewer service boundaries will not change as a result of this annexation. The Krail Annexation Area is in the Issaquah School District. The school district boundaries will not change, the area will remain in the Issaquah School District. Renton will take over police service for the 69.55-acres upon annexation; King County Sheriff's Department currently provides police protection to the area. Fire District #25 currently serves the proposed annexation area and the Renton Fire and Emergency Services will provide protection upon annexation. Pursuant to state law, there will be no change in the garbage service provider for at least seven years. d. Prevention of abnormally irregular boundaries; This annexation would bring the City limits to the Urban Growth Boundary. e. Discouragement of multiple incorporations of small cities and encouragement of incorporations of cities in excess of ten thousand population in heavily populated urban areas; Not applicable. No incorporations are proposed in this area. f Dissolution of inactive special purpose districts; Not applicable. There are no inactive special purpose districts here. g. Adjustment of impractical boundaries; Not applicable. h. Incorporation as cities or towns or annexation to cities or towns of unincorporated areas which are urban in character; King County has designated this area for urban development because of its location within the Urban Growth Boundary. The County has also indicated that it wants to divest itself from providing urban services to these unincorporated urban areas by turning them over to cities as quickly as possible. Because the Page 5 of 6 Proposed Krail Annexation 10%Notice of Intent subject annexation site is within Renton's PAA and not in an area under consideration for incorporation, annexation is appropriate at this time. i. Protection of agricultural and rural lands which are designated for long term productive agricultural and resource use by a comprehensive plan adopted by the county legislative authority. Not applicable. No portions of the proposed annexation area are rural or designated for long term productive agricultural use in the King County or Renton Comprehensive Plans. 3. A fiscal analysis for the proposed annexation is attached. This analysis reflects updated roads maintenance costs. The updated cost per linear feet of roadway is $2.23; for many years the maintenance costs were calculated using $1.25 per linear feet of roadway. In part because of this revised amount, the fiscal analysis indicates that the proposed annexation would have an initial negative net fiscal impact of $13,541 per year. However, at full development, with an estimated additional 96 single-family detached units, the fiscal impact would be positive with approximately $51,264 per year (assuming an assessed value of $500,000 per dwelling). It is estimated that the one-time cost of acquisition and development of parkland would be $132,055 and the maintenance for such a park would be $6,408 annually. CONCLUSION: The proposed Krail Annexation is consistent with relevant County and City annexation policies, as well as most Boundary Review Board objectives for annexation. The staff that reviewed the proposed annexation for each department did not identify any major impediments to the provision of City services to the area or indicate that they feel the annexation is untimely. ,41100 Page 6 of 6 iltIP Ell'R 57 ' !'r,tl .'9,, r °t a �Y • ^„',e7s W'� "� is - 3'i✓ Yt• &,-'a., ,:t _ -"` ;�,F c�... ,dtT`,..f'i,. c - ( r,7t1Qr oma. " r�i ss y. �T4 _i r� }L sly Vol, ire 4. v + ,, o-i �4t4:-,, r ti. -..';'.,-.::-t-:": ,_'_ ''; t .a_ �-_-,_•).,•l l Ii...7' �e - r.: .� x`: h ( i. .'f -1�C a•.74.ra i 1C:,.•t"', - trr-ri.5-Rww. k3;,. n._. _Sl. _, .0 '.--. .. ... '- -. .a� •,f 1 (y ;iti ,.... ...... .2� .. 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No warranties of any sort including but coded to accuracy,fitness or File Name. xEDNSP\GIS_pro annexations\ merchan accompany this product. krait_anne \rnxds\1_Krail_a 'icmity mxd KRAIL ANNEXATION Units Population AV Existing dev. 91 209 $27,581,100 Full dev. 187 430 $93,500,000 /41100' Assumptions: 2.3 persons/new SF household $278,920 AV/existing unit $750,000 AV/new SF home Revenues Total revenues Existing Full Rate Regular levy $79,544 $269,654 2.884 Existing .,.,.,,$ . 0,81.0;16 Excess levy _ $1,724 $5,846 0.06252 Full $ ( , State Shared Rrevenues Rate (per cap) Existing Full Liquor tax $3.23 $675.56 $1,388.23 Liquor Board profits $7.31 $1,530.59 $3,145.29 Gas tax-unrestricted $14.14 $2,959.49 $6,081.60 MVET $0.19 $38.81 $79.76 Camper excise $0.75 $156.98 $322.58 Criminal justice $0.73 $153.24 $314.91 Total $5,514.68 $11,332.36 Miscellaneous Revenues Rate Existing Full Real estate excise* $75.35 $15,770.46 $32,407.43 Utility tax** $133.20 $12,121.20 $24,908.40 Fines &forfeits* $14.98 $3,135.56 $6,443.40 Total $31,027.22 $63,759.23 * Per capita *4000, ** Per housing unit- based on $2,220 annual utility billing @ 6%tax rate Costs Total ongoing costs Per capita Existing Full Existing $1.31,351.5Q Contracted Services Full $299,326.74 Alcohol $0.19 $39.77 $81.72 Public Defender $4.68 $979.52 $2,012.87 Jail $8.56 $1,791.61 $3,681.66 Subtotal $2,810.90 $5,776.24 Court/legal/admin. $66.92 $14,006.36 $28,782.29 Parks maintenance* $14.90 $3,118.57 $6,408.49 Police $276.89 $57,953.08 $119,090.39 Road maintenance** N/A $18,986.22 $22,394.33 Fire*** $1.25 $34,476.38 $116,875.00 Total $131,351.50 $299,326.74 *See Sheet Parks FIA **See Sheet Roads FIA *** Rate per$1,000 of assessed valuation (FD#25 contract) Net fiscal impact Existing -$13t54144 Full'''''''$,151,264:46 Revised 8-29 per Finance Memo ROADS MAINTENANCE CALCULATION SHEET KRAIL ANNEXATION New Roadway: Zone Acres Linear Feet R-4 9.86 1528.3 (assumes 155 linear ft/ac) R-8 0 0 (assumes 145 linear ft/ac) R-10 0 0 (assumes 140 linear ft/ac) 1528.3 Estimated total linear feet of new roadway Existing Roadway: Zone Acres Linear Feet n/a 8,514 Linear feet of existing roadway 1.61 Linear miles of existing roadway Total Roadway: Zone Acres Linear Feet 10,042 Estimated linear feet of roadway at full development 1.90 Estimated linear miles of roadway at full development Estimated Costs: $18,986.22 Annual cost for existing roadways $22,394.33 Annual roadway maintenance cost at full develop. Revised 8-29-03 per Finance Memo PARKS ACQUISTION AND MAINTENANCE COST CALCULATION SHEET KRAIL ANNEXATION Needs: Acquisition of land for new neighborhood &community park Development of new neighborhood &community parks Maintenance of neighborhood &community parks Assumptions: $60,000 per acre for land acquistion $125,000 per acre for development(both neighborhood &community parks) $6,000 per acre to maintain neighborhood parks $7,000 per acre to maintain community parks 1.2 acres/1,000 for neighborhood park(LOS in Comprehensive Park Plan) 2.5 acres/1,000 for community park(LOS in Comprehensive Park Plan) 430 population after 10 years (projected growth) 187 housing units after 10 years (projected growth) $530.76 per single family unit mitigation fees 96 New single family units Per capita annual and one-time costs: One-time Costs: Acquisition: Neighborhood: 1 * 1.2/1000 *$60,000 = $72.00 Nifty Community: 1 *2.5/1000 * $60,000 = $66.00 Development: Neighborhood: 1 * 1.2/1,000 * $125,000= $150.00 Community: 1 *2.5/1,000 * $125,000= $137.50 Total one-time costs: $425 per capita $183,007.55 Mitigation fees: New units * $530.76 = $50,952.96 Acquisition &development costs minus mitigation fees: $132,054.59 Ongoing costs : (1 * 1.2/1,000 * $6,000) + (1 * 1.1/1,000* $7,000)= $14.90 (park maintenance) Ongoing costs Maintenance Cost: $6,408.49 ter► . ` King County Department of Assessments Accounting Division Scott Noble 500 Fourth Avenue,ADM-AS-0725 Assessor Seattle,WA 98104-2384 (206)296-5145 FAX(206)296-0106 Email:assessor.Info@kingcounty.gov httn://www.ki neco u ntv.cov/assessor/ ANNEXATION PETITION CERTIFICATION THIS IS TO CERTIFY that the petition submitted July 30, 2008 to the King County Department of Assessments by Angie Mathias, Associate Planner for the City of Renton, supporting the annexation to Renton of the properties described as the Krail Annexation,have been examined, the property taxpayers, tax parcel numbers, and assessed value of properties listed thereon carefully compared with •re the King County tax roll records, and as a result of such examination, found to be sufficient under the provisions of the Revised Code of Washington,Section 35A.01.040. The Department of Assessments has not verified that the signature on the petition is valid through comparison with any record of actual signatures, nor that the signature was obtained or submitted in an appropriate time frame, and this document does not certify such to be the case. Dated this 6th day of August, 2008 Scott Noble, King tounty Assessor NAME OF PROPONENT: /lox,/ ydrai/ ADDRESS OF PROPONENT: Y735 A.t yL`�sr CITY OF RE�ITON RefilQn,wA 9g)5? JUL 2 4 2008 PHONE NUMBER OF PROPONENT: ''"&6-q4.'q RECEIVED CITY CLERK'S OFFICE Now NOTICE OF INTENTION TO COMMENCE ANNEXATION PROCEEDINGS UNDER RCW 35A.14.120 (Direct Petition Method) Kral annex cC7'10� 10% PETITION—ANNEXATION TO: THE CITY COUNCIL OF THE CITY OF RENTON City Hall, c/o City Clerk 1055 South Grady Way. Renton, WA 98057 The undersigned are the owners of not less than ten percent (10%) invalue, according to the assessed valuation for general taxation, of property which they desire to annex to the City of Renton. We hereby advise the City Council of the City of Renton that it is our desire to commence %No► annexation proceedings under the provisions of RCW 35A.14.120 of all or any part of the area described below. The territory proposed to be annexed is within King County, Washington, and is contiguous to the City of Renton. A map (Exhibit 1) and legal description (Exhibit 2) are included as part of this petition. The City Council is requested to set a date not later than sixty days after the filing of this request for a public meeting with the undersigned. 1. At such meeting, the City Council will decide whether the City will accept, reject or geographically modify the proposed annexation; 2. The City Council will decide whether to require simultaneous adoption of a proposed zoning regulation, such a proposal having been prepared and filed for the area to be annexed as provided for in RCW 35A.14.330 and 35A.14.340; and, 3. The City Council will decide whether to require the assumption of existing city indebtedness by the area to be annexed. This page is the first of a group of pages containing identical text material. It is intended by the signers that such multiple pages of the Notice of Intention be presented and considered as one Notice of Intention. It may be filed with other pages containing additional signatures'41100, cumulatively may be considered as a single Notice of Intention. Page 1 of 2 WARNING: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes hereinany false statement, shall be guilty of a misdemeanor. viol The undersigned have read the above petition and consent to the filing of this petition. (Names of petitioners should be in identical form as the name that appears on record in the title to the real estate.) Signature and Tax Lot Legal No. 2008 Date Printed Name of Owner of Mailing Description Assessed Signed Record of Property Address (Lot,Block,Plat,Assessor's Valuation of No.or other) Property _ - -- -- 1 3OS6/2 5 935330 1. �// 1EnrT � 1,0 .95059 p�CO 2� 2. 74 `--- &3®Se-`Z 405-330 - 39 i 000 / 0390 th ' ' ' ',riltaid , xts_s 15113 S� 1717 31.5O- 22 , . /d Ai i id.,4_gros, 0313 4. -744 ' /FIi , , /57/5 5 - i ST 366 95t-O,- �Q OQ'� �� IT0310 lf l�� qi/ � l��ivTJ/'v, r/ ate' /5_71 3 5 - i; 1- 366166 - Q� 5. 71648 ` -- --- - tdii 1-k5 969 �v d3Orl / /sem i3 s,L'/pr3 6.4 zge _ SIO ®OD 6. 7/4/ '-- "&/,-/-‹- 6K d rZw �i 1 __ / D3©5 l.-i09 SE izg .sr 2.365- • 7. // , 4 s Kb-N1,1) ut6¢t 9'� `� 7046 z 4/12, ®©o -_-:31/47716-/- ,, __ .„.0,.... g -- S eU`e� dr &eI_ / t,,,,,,,, a•Ati4 //7-36-Ajc-- 4/ 571' 9. 76 geNThu w" 98 7 l7 > 600 --10. Page 2 of 2 H:\DIVISION.S\P&TS\PLANNING\ANNEX110%Notice of Intent.doc\OD WARNING: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes o_,. herein.any false statement, shall be guilty of a misdemeanor. . The undersigned have read the above petition and consent to the filing of this petition. (Names of petitioners should be in identical form as the name that appears on record in the title to the real estate.) Tax Lot Legal No. 2006 Date Signature and Mailing Description Assessed Printed Name of Owner of Address (Lot,Block,Plat,Assessor's Valuation of Signed Record of Property p m' No.or other) Property °) v 2236 15151 piSc 13533c 9.60 4/371 0 1. 1/1/41 ;w,4,/ 644-(-4 _ wge lle vae Ct,M 9'x40 7 a . �-t � ani`y 1,10,,1 re D vnncN <,,eZi30 /51stp1 5cs_. 9 3S3 ,c6q70, 37,000 2. -1/� s��� '- ' 6e,/1eiuett"i7 7- /v -1 . -� �4-va+oc.Y X _/- * , . • . 3. 0 , 4. �A6_,...„.„ ,,,,...___ _ _ � � � � a 33, "``s' WilloGo Cjir , �56-2,5 ISJ5��) St. 313433Q 3r) #.0c oo Namoi 5. ,, .:7-. Z ' ,-- on n ' To-5/ , 135 1 1 ' kP( 5 > 935 ?0c,3m kk 37,000 6. �jf/ .� -". / 4' "���v��l�� �J�l�1i Cr 4,2 - , ✓sem /--_r �G1 7. /4/ V '� r Iaa6y )55�"Acil5i, 93533©11co 't4,53crn 13 8. 7//a,, "clay l'41Q RQn+Oc>i t i cy 3(o f D z --A creme C L.., N`La w 9. 2/ 117 4( --- n1 aa VI i 55 Ut5 L (713 53 3 O109 `ie -3 w,o,ot� --rVe,_,,,,,,N'- - ay 1�5`�h < �3533D 0 A 7//q/0 O (1U . 3c0,Q°°• lo. ,1e��onJ �105`) -- V pl.l�r l c_ Ritc.16,er Page 2 of 2 H:\DIVISION.S\P&TS\PLANNING\ANNEX\10%Notice of Intent.doc\OD WARNING: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. '"S The undersigned have read the above petition and consent to the filing of this petition. (Names of petitioners should be in identical form as the name that appears on record in the title to the real estate.) Signature and Tax Lot Legal No. 2006 Date Printed Name of Owner of Mailing Description Assessed Signed Record of Property Address (Lot,Block,Plat,Assessor's Valuation of No.or other) Property -� ��, 17.1057 15S At is 93535�7yo 1. �? 08 _ ate' 2(a 3 000, 0. fl LOA' 9 I) .., is c� 5 1 i 55"A i) .. � 2. 7//q ------ ---- - fae f-4-..n, (, 2�0 5 2 yoo0 3. ---- �. 19-63S 165{(1A0t.5 . cI35�3cX �2o i '��`�pc3�, �� -- Rerct�n, WA q< n,E ,-.,""y /' ' ,Qe1 J L % l ll y I.57%),4 .S`� �t 3S 3 3 01 0� Z�cx�O tQ� 4. ® s4 -2o i'/L fb� /NS A W,4 �� �/ t/e l a I a S2 1 AS�hAvE sE �353501b&D 4 5. 7 . �_ �t , \ q�s9 IPpcC?, �� -- n M, AU5fIn 6. 7/7/o `1 12 4 /55 AeSc' ot35s,„.(0 -0 ' a. 1 --J,v,i 3 u r/ce-z 121 l o,"/ 1,11.4- (69 , '7 2.2.30 \ 5-P-h p 5� ct 3533a0'-i� 37 �, , 7. 740 x- ........... _____ge...4,_2_,..,_-7-P-Acsnee tp,elle vite/wp clisab -r-,24,..47---8-~- 1i ;-9 ``- Iry-'- '2-7-3 o 151 1- p 1 S `►35 3 3 cA�i 3© 3 8. 7/O ‘.0142,424,44464.661,7 00,. G 7po j„�,G,.J9 a- 1.,,. 2 2 5 0 1 1)1 5 cis 5 3 3 no 9 LP 7 9. /o - zTe B,.l leviAR , wa cMo3-1,(1oz „ 2230 )SiSP1 5 � �13533ooc J/ a r 10. le/r ti -. .c-4c- lei I e vine, WA c • 3 7,(T� © 'r -t-2us-� Page 2 of 2 H:\DIVISION.S\P&TS\PLANNING\ANNEX110%Notice of Intent.doc\OD WARNING: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein.any false statement, shall be guilty of a misdemeanor. Nime The undersigned have read the above petition and consent to the filing of this petition. (Names of petitioners should be in identical form as the name that appears on record in the title to the real estate.) Signature and Tax Lot Legal No. 2008 Date Printed Name of Owner of Mailing Description Assessed Signed Record of Property Address (Lot,Block,Plat,Assessor's Valuation of No.or other) Property •-� 90 Cas x 3 q0 3-7 OM i. jv�' l2- .-` 7 iA at f�o� -- -7- o 6 l,Je. '' SeC 2-2.5o t S`t a;' In t6-" 4-56336 oSzo 3`Z egeo • / 5�q,r�c,9,n t„ 1 7-.eak-& �c eAl G 1r6A.i-• 4, 2. Z`'v�o� `3 �svo� tz,z..Z.o ) 65 �C S�a35-33oo6-30 Slccin k 3. p - - - ---- SZa vS i ,Gulf Cosa 22.30 t51 s"1' pi 66- q 5633 e'° iO 3115(9° 4. 7/% se L ' Ct � axil l�vt.�.• &IA 9.T' � ,rb3 Ais. I2(t" b ' ct 56.33(9c)S 3-ago 5. WA- 4IS120- 1 U 620(5'k 6135'336'05W3`7,C o6 6. 01‘.)riv tom., ct€61z_ o t5 54- Pl 56- et 353307670 adoo 7. 7h,o gw� , t-� - C ,tevc , i a (0` tom. a4n Icrc -2 cam• - Tc.s: Cr 1- 1 gt— Don ft CA tZ C -3s- 1670 /A 56 SS'1,75608gp 2:7 3c900 8. 42e-rf-ye ' 9. . t f z��-3U 57- 64. PI 5 35`3 36050 -loco -77";,/...„ StYir 4J4- E4-- Q aair- - Gs� bket yell 'nn CA t2.0 ter 15(g. A--e. a 363 3(9061s o '2,5poo 10. gen ocl, t' of 8'05-ct -- • as at ler- Nay Page 2 of 2 H:\DIVISION.S\P&TS\PLANNING\ANNEX\10%Notice of Intent.doc\OD WARNING: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. The undersigned have read the above petition and consent to the filing of this petition. (Names of petitioners should be in identical form as the name that appears on record in the title to the real estate.) Signature and Tax Lot Legal No. 200 Date Printed Name of Owner of Mailing Description Assessed Signed Record of Property Address (Lot,Block,Plat,Assessor's Valuation of No.or other) Property d�-of-DE , i-5i-t1y 5FiZ84"5T �136'33oo �k� Z3z,� p,er rkon LJa 48O5W 1 is 3( t mereZ I2 O tat, tb'jy.'+'" Owe-- SE' Q 5-33eol q o Zea 3,ec'o 2. Rgmem,tv ket.gs o i -- 6eAler r2.405-1 t575-4` A4,45,6 6t55-3 asao Z6.1k?eb 3. p , /A.A aK ostt nen 17-,Coli3 \ .136'3'3dag10 Z5 5,6(.90 4. Rsz.nkon,ic)A sots-R. t45-541% /t-e- 43 es-3 3Co f17t9 2-1 Z.,C9oo'" 5. Ra.n.kor,,(-Or a,vv,sct t Z Co Z`t Ave4E .1. 6'"33070 6 30 z et-Z./667o 6. Rz.okocl, cts-t, -- lam•}��1 6un ►2ca.tc(. i 54 ' Pcv L ck36-33(30840Z�Z,ocro 7. R,ar'4 c,, t,.J## gear& Med kk 15-5`t'i'l c..S5 436'3 3(90S 60 2.4!t,c 8. e-Y, , t e1 5-ct l2Co t t t5-5-44' `vE Gk'3 i3'v 300 F5620 3-1,Go-o 9. R:e�kon, w� at ZO5ct ttiZU tom'` 42 6-3-boo ���(9490 1 o. pe.aero ,�cvisrazA Page 2 of 2 H:\DIVISION.SIP&TS\PLANNINGIANNEX110%Notice of Intent.doc\OD WARNING: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein.any false statement, shall be guilty of a misdemeanor. The undersigned have read the above petition and consent to the filing of this petition. (Names of petitioners should be in identical form as the name that appears on record in the title to the real estate.) Signature and Tax Lot Legal No. 2008 Date Printed Name of Owner of Mailing Description Assessed Signed Record of Property Address (Lot,Block,Plat,Assessor's Valuation of No.or other) Property z.--z.3O 051 5),- 56 a 36-330041A° 31,0960 `�. 7Xeo� Nce,(.i, •". (-`s v`0e' e_ WA-ct.4001-- > .►e i_tevra 3cr t 4)6 % 'Ift- ct 35'3-30°A-1W 3/6700 2. Ver% tv Rr,utd4. °l g'la(a z 122 ti 5-6/4.\ M€. 6 q- 6-3 3o0*130 224,&me) 3. Rer\ , tU C Sosq L2 2 v \671v-k^ &e.5t q.5553001A X00 2A 1,600 4. (Z)Qn, jn,/AA ct.gog-z{ 5. ) ZL� 6 q.3 53"Doo`14�D Z-C9 v l9BO 6. --7l `Ajo �� - ,ems t�h«\, r c\�'s'Ave,sct > r)o di e- © c). t, zz&e35'33oo -to z.6-4600 7. 9,ssys —5-- V 7iZ.6�''I Gro Aiv e-.66 Q3a"'d 3 BOq 6O 2-12.,060 8. Rari4 '. , 4t-0>j t Pa of 3s3 `Actz 3`7 60c) 9. 7/� �- -1-1�-14-t" _' �, � � &A \ .51AwR- / -- ( 6— Nt. -7 k r SSQ Toro A o� S76 x353300 j 3-2000 10. h - PcY-5 \,,w-!4 a gr®$ -- 7- 7- A 41 Page 2 of 2 H:\DIVISION.S\P&TS\PLANNING\ANNEX\10%Notice of Intent.doc\OD WARNING: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. The undersigned have read the above petition and consent to the filing of this petition. (Names of petitioners should be iii identical form as the name that appears on record in the title to the real estate.) Signature and Tax Lot Legal No. 2006 Date Printed Name of Owner of Mailing Description Assessed Signed Record of Property Address (Lot,Block,Plat,Assessor's Valuation of No.or other) Property I as E S t fl c>zs; (35 330100 41453,o00 1. `t' c\\68P /o1),LA)R 6c q-. - T-0G-- . t�l� C�..S te 33(, ►a,O4) 155-6�'(� o,59353oricto 2.,S0000 2. 1 -- - - - �7)J. Ike/Abe), I/0A 9g{605c In Cern G) Cp 3 la 3. 4. NG 5. 6. 7. 8. 9. 10. ,4001 Page 2 of 2 H:\DIVISION.S\P&TS\PLANNING\ANNEX\10%Notice of Intent.doc\OD ;II it a -- il ;I i i1i �a ( a .4 ' r .� I a %. ism , tit. I I -1.1:iiiiii.E11 3 , „ ! * 11 el ' �, 1 IST .. .f lc( , o.,.—, M c mo —I2 ` , - Ih 31 11 i 1 i 11111,_.z,...,_.L.1.1, 7i � gp Y 11 I. 1 An 4 Er 7` M Y Y e, __, lig I .- .-11-ria •lam' ._ -. ' .. al NEINIENSEINIIIME �.. . ;. ;. ;. nil .= x ..., fg (3) 1, `111®1111��0111111111 ESIMMINFIESINf - MN ih ct '' SERREMPINIENIEN1 51111111115115551111 :. - t., *• ES . evuttilmr7— --- latv:ackwanztvtaixqusii (rfirOttZf ... lagilli _ ' „ . IV l ag 012 gligigghtg1122:12111100113:2171Erni. .1114111 I P III Wiltedtliel4111- ��rr-- !!11t��''''111 - liatiMiiiiiiiiiig �"Xutc1:2127-EMISSIM'etagitar , AN:langilig.0121kittigif Immo, . a111101111.25101102 iliiiiY rT♦j�j It 4-.-- .x-18--$il 1.6-AA-,N}yylii'sw NI l I eIl l' 4 1 l me TL :a' i ►'� -�'4 CITY OF RENTON COUNCIL AGENDA BILL AIS: Ar ,,submitting Data: For Agenda of: Dept/Div/Board.. Department of Community and September 8, 2008 Economic Development Staff Contact Angie Mathias, x-6576 Agenda Status Consent X Subject: Public Hearing.. PROPOSED ANNEXATION Correspondence.. Mackay Annexation - 10% Notice of Intention to Ordinance Commence Annexation Proceedings Petition Resolution Old Business Exhibits: New Business Study Sessions Issue Paper, Annexation Petition Certification, 10% Information Petition Recommended Action: Approvals: Council concur Legal Dept X Finance Dept Other 0Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget N/A City Share Total Project.. SUMMARY OF ACTION: The petitioners submitted this petition to the City Clerk on July 24, 2008, and the signatures were certified by the King County Department of Assessments on August 6, 2008. The proposed 10.56-acre annexation site is located in Renton's Potential Annexation Area, abutting the northeastern portion of the current City limits. The area abuts the Urban Growth Boundary with its eastern border. State law requires a public meeting with the proponents within 60-days of their submittal to consider their request. STAFF RECOMMENDATION: Set September 22, 2008 for a public meeting to consider the 10%Notice of Intention to Commence Annexation Proceedings petition for the proposed Mackay Annexation. �ti`S O� CITY OF RENTON ♦ s: ® DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT ‘e‘Nr-r0� MEMORANDUM DATE: August 29, 2008 TO: Marcie Palmer, Council President City Councilmembers VIA: -�9L, Denis Law, Mayor FROM: Alex Pietsch, Administrator Department of Community & Economic Development STAFF CONTACT: Angie Mathias x 6576 SUBJECT: Proposed Mackay Annexation - 10% Notice of Intent Petition ISSUE: The City is in receipt of a 10% Notice of Intent petition to annex 10.56-acres by the direct petition method, as well as the required $2,500 filing fee. State law requires that the Council hold a public meeting with the annexation proponents within 60 days of receipt of a 10% Notice of Intent petition to decide whether to accept, reject, or geographically modify the proposal, whether to require the assumption of bonded indebtedness, and whether to require the simultaneous adoption of City zoning, consistent with the Comprehensive Plan, if the proposed annexation is successful. RECOMMENDATION: On the basis of the following analysis, the Administration recommends that Council accept the 10% Notice of Intent petition. If Council concurs, the Administration recommends that it take the following actions (pursuant to RCW 35A.14.120): • Accept the 10% Notice of Intent to Commence Annexation Proceedings petition; and • Authorize the circulation of a 60% Direct Petition to Annex for the 10.56-acre area; and • Require that property owners within the proposed annexation area accept City of Renton zoning that is consistent with the City's Comprehensive Plan land use designation; and • Inform property owners within the proposed annexation area that they will not ___ be required to assume their proportional share of the City's outstanding Proposed Mackay Annexation 10% Notice of Intent indebtedness ($.07861 per $1,000 of assessed value) as this tax levy is related to a senior housing bond which will be retired in 2009. BACKGROUND SUMMARY: The rectangular shaped Mackay Annexation site is generally located west of 148th Ave Southeast, south of 146th Avenue Southeast, east of the Stonegate subdivision, with parcel lines as the southern boundary. There are no covenants to annex in this area. 1. Location: The proposed 10.56-acre Mackay Annexation is bordered by the existing City boundary at the north and west. 2. Assessed value: The 2008 assessed valuation of the subject annexation site, at current development, is $4,920,000. Of the 14 existing homes, the average assessed value is $298,000. 3. Natural features: The area has some steep slopes ranging from 15 to 25%, there are also a very small areas with slopes ranging approximately 40%. There is a Class IV stream running just outside the western boundary of the area that is part of a set aside tract in the Stonegate subdivision. This stream does not run through any portion of the annexation area and there are no identified wetlands. 4. Existing land uses: The existing land uses are residential and vacant land. Of the residential development there are approximately 14 single-family dwellings. The estimated existing population is 32 people. 5. Existing zoning: Existing King County zoning is R-1 and R-4. This area has not been pre-zoned by the City of Renton, so zoning will occur concurrently through the annexation process. 6. Comprehensive Plan: Renton's Comprehensive Plan designates the subject annexation site as Residential Low Density (RLD). This designation would allow R-4 zoning at a maximum density of four units per net acre, R-1 zoning at a maximum density of one dwelling unit per net acre, or Resource Conservation zoning at a maximum density of one dwelling unit per ten net acres. 7. School District: The Mackay Annexation Area is a part of the Issaquah School District and the school district boundaries will not change upon annexation. 8. Public services: All responding City of Renton departments and divisions noted that the annexation represents a logical extension of their respective services and systems. Specific comments follow: Page 2 of 6 Proposed Mackay Annexation 10% Notice of Intent Water Utility. The subject site is located within Water District 90's water service area, by agreement under the East King County Coordinated Water System Plan. A certificate of water availability from District 90 will be required prior to the issuance of development permits within the subject area, following annexation to the City. It is expected that developer extensions of District 90's water mains will be required to provide water for fire protection and domestic use within the annexation area. Wastewater Utility. Currently, sewer does not serve the area. However, the annexation site is located within the Renton Sewer Service Area and in the future it is anticipated that as new construction occurs in the area, developers will bear the costs of extending the sewer lines. The annexation does not present any problems for the utility and it represents a logical extension of their services. Parks. King County's May Valley Park is one park located within approximately 1/2 mile of the proposed Mackay Annexation Area. It is a 54.26-acre park located to the southeast of the annexation area that features a system of trails. The nearest City of Renton park is May Creek Park located within 1/2 mile from the annexation area. May Creek Park is located to the northwest of the annexation area and is a 10-acre dedicated natural area. Staff noted that the area has a shortfall of parks, as well as recreation amenities and activities when compared with City of Renton Level of Service goals. In order to serve the area at a level that would meet City of Renton Level of Service goals, the City would need to acquire and develop parkland. This ought to occur over the ten-year build out time frame in order to serve the projected population. The development and maintenance of such a park would require additional staffing. However, the Community Services department indicated that the annexation area does not present any problems for their division and that it represents a logical extension of the services provided by their department. Police. The Police Department did not indicate any concerns regarding this proposed annexation. Staff estimated the number of current annual calls for police service as 13.1 and future calls for service were estimated to be 29. The annexation does not present any problems for the department and it represents a logical extension of their services. Fire. Fire District 10 currently serves the area. Upon annexation, Renton Fire and Emergency Services will provide fire and emergency services to the area. Staff did not indicate any concerns regarding this proposed annexation. Surface Water. The proposed annexation is located within the May Creek drainage basin, which has been identified as having significant erosion, water quality, and habitat problems due to urbanization. Staff notes that future development should be conditioned through SEPA to meet the 2005 King County Surface Water Design Manual or current drainage standards equivalent. The drainage in the area consists of ditches to convey the runoff from streets. King County records list no significant drainage problems in the area. Staff noted that in order to serve the area, staffing levels would need to expand, especially as the area develops and there is additional public infrastructure to maintain and operate. It is assumed that the need for staffing Nifty Page 3 of 6 Proposed Mackay Annexation 10% Notice of Intent would gradually return to a level that is commensurate with the rest of the City. Estimated revenues related to surface water from the existing fourteen single-family ,4410 homes within the area are estimated to be $1,245 per year. The City would assume maintenance responsibilities for no facilities in the annexation area. Transportation Systems. The Transportation Systems staff has no concerns regarding the proposed annexation. However, staff notes that a 12-foot right-of-way dedication along 148th Avenue Southeast has been required of new development south of the annexation area. Therefore, right-of-way dedication along the west side of 148th Avenue Southeast within the annexation area may be required in the future. Staff also noted that the area has no curbs, gutters, sidewalks, or street lighting. The roadway widths and pavement thickness on 147th Avenue Southeast and 148th Avenue Southeast do not meet current City standards. Staff notes that it is expected that street upgrades that meet City of Renton standards will occur at the expense of new development. The annexation will not require any additional Transportation Systems staff. Staff notes that energy costs associated with existing and future street lighting will be incurred by the City, but do not represent a financial burden. The City will assume ownership and responsibility for all existing and new streets in the area. No new agreements or franchises are anticipated as a result of the proposed annexation. The annexation does not present any problems for the department and it represents a logical extension of their services. Public Works Maintenance. Staff indicated that the roadway of 147th Avenue Southeast needs some repair. Also, it was noted that the cumulative effects of smaller scale annexations do lead to the need for additional staff and resources. The annexation does not present any problems for the department and it represents a logical extension of their services. Building. The Building section did not indicate any concerns regarding the proposed annexation. The proposed Mackay Annexation Area is located in a portion of the City where it is required that physical addresses are changed to the City of Renton addressing system upon annexation. All households within the area will have their physical address changed when the annexation becomes effective. ANALYSIS OF THE PROPOSED ANNEXATION: 1. Consistency with the Comprehensive Plan: Renton's Comprehensive Plan annexation policies generally support this proposed annexation. The subject site is within the City's Potential Annexation Area and has been subject to development pressure under the King County Comprehensive Plan, zoning, and subdivision regulations (Policies LU-36 and LU-37). The area would also be available for urbanization under Renton's Residential Low Density land use designation. Renton is the logical provider of most urban infrastructure and services to the area (Policy LU-38). Page 4 of 6 Proposed Mackay Annexation 10% Notice of Intent 2. Consistency with the Boundary Review Board Objectives: (from RCW 36.93.180) a. Preservation of natural neighborhoods and communities; The proposed annexation would cause no disruption to the larger community. b. Use of physical boundaries, including but not limited to bodies of water, highways, and land contours; The subject site is bounded essentially on three sides by existing City limits and on one side the Urban Growth Boundary. c. Creation and preservation of logical service areas; Water and sewer service boundaries will not change as a result of this annexation. The Mackay Annexation Area is in the Renton School District. The school district boundaries will not change, the area will remain in the Renton School District. Renton will take over police service for the 10.56-acres upon annexation; the King County Sheriff's Department currently provides police protection to the area. Fire District#10 currently serves the proposed annexation area and upon annexation Renton Fire and Emergency Services will serve the area. Pursuant to state law, there will be no change in the garbage service provider for at least seven years. d. Prevention of abnormally irregular boundaries; This annexation would bring the City limits to the Urban Growth Boundary. *say e. Discouragement of multiple incorporations of small cities and encouragement of incorporations of cities in excess of ten thousand population in heavily populated urban areas; Not applicable. No incorporations are proposed in this area. f Dissolution of inactive special purpose districts; Not applicable. There are no inactive special purpose districts here. g. Adjustment of impractical boundaries; Not applicable. h. Incorporation as cities or towns or annexation to cities or towns of unincorporated areas which are urban in character; King County has designated this area for urban development because of its location within the Urban Growth Boundary. The County has also indicated that it wants to divest itself from providing urban services to these unincorporated urban areas by turning them over to cities as quickly as possible. Because the subject annexation site is within Renton's PAA and not in an area under consideration for incorporation, annexation is appropriate at this time. 44110* Page 5 of 6 Proposed Mackay Annexation 10% Notice of Intent i. Protection of agricultural and rural lands which are designated for long term productive agricultural and resource use by a comprehensive plan adopted by the county legislative authority. Not applicable. No portions of the proposed annexation area are rural or designated for long term productive agricultural use in the King County or Renton Comprehensive Plans. 3. A fiscal analysis for the proposed annexation is attached. This analysis reflects updated roads maintenance costs. The updated cost per linear feet of roadway is $2.23; for many years the maintenance costs were calculated using $1.25 per linear feet of roadway. In part because of this revised amount, the fiscal analysis indicates that the proposed annexation would have an initial negative net fiscal impact of$2,626 per year. However, at full development, with an estimated additional 17 single-family detached units, the fiscal impact would be positive with approximately $6,116 per year (assuming an assessed value of $500,000 per dwelling). The area currently does not have any parks within its boundary. If a park were developed to serve the population, it is estimated that one time costs minus mitigation fees collected with new development would be $21,315 and the annual cost to maintain that park would be $1,062 per year. CONCLUSION: The proposed Mackay Annexation is consistent with relevant County and City annexation policies, as well as most Boundary Review Board objectives for annexation. 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' - ' „.. * t,••- t 1 , 1401:?;;0•''., .I.Liii.E.V'-Oil e•e`,../. .,";,. ' ' -"Ark: Iii. "‘•7''''"--77•7`: itzlitser---- "". 7-'11-'4' - '4f1--i.- 1.-');41.1,7, i, 0 ..-4:'... .0 0 Department of Community Mackay An 0. & Economic Development ,••P ..- ..i. o Alex Pietsch,Administrator Aerial Map Adrian Johnson,Planning Technician Legend MI..I. 1.„,1Mackay Annex Boundary August 11,2008 %OW C:ICity Limits IA 0 285 570 .4) 11•111111.0 Feet [II Jj, • :, i,, • H 11 1:3,600 !i' ' / ( 11 . /f i+ : i moi, 1 n I 44 .�F °�? /y '-I , I - SE 100th P1 -------L -_-; i / 0 f~` ' SE 102nd St Q �. ' _ V \ '': w "_ __-_ til ._- t rE m. _.._ _.._..�.._ _. ��'ft; .. .- (--_ fr_ i______ _, ,,,, ,.:,-, _,----, :: ___. , ,. ____ ..,,,,,, ,„. , ,.. . ,,,___, _ , , ,, ,,, �, I i V ....._NE.10th•Pl�-s•-� - ,,,,u,,,�.�_�- ' --T;,:,,,,:4,-, ,--,Ti, ..-- S'E 1'Q4'th-St ---- I F2. 3'... T— ti,SY o Department of Community Mackay Annexation __ : & Economic Development ,P�'N,r0 Alex Pietsch,Administrator Legend Vicinity M a p A.driana Johnson,Planning Technician Ci 4_jMackayAnnex Boundary ( )City Limits -August 11,2008 NS J PAA Boundary N 0 150 300 (A) Produced by City of Renton(c)2008 the City of =CI Feet Renton all rights reserved No warranties of any sod. ndud ng but not limited to accuracy,fitness or File Name \EDNSP\GIS_prolectslannexations\ 1:3,600 merchantability,accompany this productmackay\rnxds\1_mackay_annex_vicinity mxd MACKAY ANNEXATION Units Population AV Existing dev. 14 32 $4,920,000 Full dev. 31 71 $15,500,000 N'"'' Assumptions: 2.3 persons/new SF household $298,000 AV/existing unit $750,000 AV/new SF home Revenues - Total revenues Existing Full Rate Existing :-:- , e-3 _$201,; Regular levy $14,189 $44,702 2.884 Full . $58,1i 4p Excess levy $308 $969 0.06252 State Shared Rrevenues Rate (per cap) Existing Full Liquor tax $3.23 $103.93 $230.13 Liquor Board profits $7.31 $235.48 $521.41 Gas tax-unrestricted $14.14 $455.31 $1,008.18 MVET $0.19 $5.97 $13.22 Camper excise $0.75 $24.15 $53.48 Criminal justice $0.73 $23.58 $52.20 Total $848.41 $1,878.63 Miscellaneous Revenues Rate Existing Full Real estate excise* $75.35 $2,426.22 $5,372.35 Utility tax** $133.20 $1,864.80 $4,129.20 Fines &forfeits* $14.98 $482.39 $1,068.16 Total $4,773.42 $10,569.71 * Per capita Nosy ** Per housing unit- based on $2,220 annual utility billing @ 6% tax rate Costs Total ongoing costs Per capita Existing Full Existing $22,744.55 Contracted Services Full $52,003.08 Alcohol $0.19 $6.12 $13.55 Public Defender $4.68 $150.70 $333.68 Jail $8.56 $275.63 $610.33 Subtotal $432.45 $957.56 Court/legal/admin. $66.92 $2,154.82 $4,771.40 Parks maintenance* $14.90 $479.78 $1,062.37 Police $276.89 $8,915.86 $19,742.26 Road maintenance** N/A $4,611.64 $6,094.48 Fire*** $1.25 $6,150.00 $19,375.00 Total $22,744.55 $52,003.06 *See Sheet Parks FIA **See Sheet Roads FIA *** Rate per$1,000 of assessed valuation (FD#25 contract) Net fiscal impact Existing ,-$2;625.84 Full $6;116,34 lore Revised 8-29 per Finance Memo ROADS MAINTENANCE CALCULATION SHEET MACKAY ANNEXATION New Roadway: Zone Acres Linear Feet R-4 4.29 664.95 (assumes 155 linear ft/ac) R-8 0 0 (assumes 145 linear ft/ac) R-10 0 0 (assumes 140 linear ft/ac) 664.95 Estimated total linear feet of new roadway Existing Roadway: Zone Acres Linear Feet n/a 2,068 Linear feet of existing roadway 0.39 Linear miles of existing roadway Total Roadway: Zone Acres Linear Feet 2,733 Estimated linear feet of roadway at full development 0.52 Estimated linear miles of roadway at full development Estimated Costs: $4,611.64 Annual cost for existing roadways $6,094.48 Annual roadway maintenance cost at full develop. Revised 8-29-03 per Finance Memo PARKS ACQUISTION AND MAINTENANCE COST CALCULATION SHEET MACKAY ANNEXATION Needs: Acquisition of land for new neighborhood &community park Development of new neighborhood &community parks Maintenance of neighborhood &community parks Assumptions: $60,000 per acre for land acquistion $125,000 per acre for development(both neighborhood &community parks) $6,000 per acre to maintain neighborhood parks $7,000 per acre to maintain community parks 1.2 acres/1,000 for neighborhood park (LOS in Comprehensive Park Plan) 2.5 acres/1,000 for community park (LOS in Comprehensive Park Plan) 71 population after 10 years (projected growth) 31 housing units after 10 years (projected growth) $530.76 per single family unit mitigation fees 17 New single family units Per capita annual and one-time costs: One-time Costs: Acquisition: Neighborhood: 1 * 1.2/1000 * $60,000 = $72.00 'fir► Community: 1 *2.5/1000 * $60,000 = $66.00 Development: Neighborhood: 1 * 1.2/1,000 * $125,000= $150.00 Community: 1 *2.5/1,000 * $125,000= $137.50 Total one-time costs: $425 per capita $30,338.15 Mitigation fees: New units * $530.76 = $9,022.92 Acquisition &development costs minus mitigation fees: $21,315.23 Ongoing costs : (1 * 1.2/1,000 *$6,000) + (1 * 1.1/1,000 *$7,000)= $14.90 (park maintenance) Ongoing costs Maintenance Cost : $1,062.37 a � King County Department of Assessments Accounting Division Scott Noble 500 Fourth Avenue,ADM-AS-0725 Assessor Seattle,WA 98104-2384 (206)296-5145 FAX(206)296-0106 Email:assessor.info®kingcounty.gov http://www.kingcounty.gov/assessor/ ANNEXATION PETITION CERTIFICATION THIS IS TO CERI'IF Y that the petition submitted July 30,2008 to the King County Department of Assessments by Angie Mathias, Associate Planner for the City of Renton, supporting the annexation to Renton of the properties described as the Mackay Annexation, have been examined, the property taxpayers, tax parcel numbers, and assessed value of properties listed thereon carefully compared with the King County tax roll records, and as a result of such examination, found to be sufficient under the provisions of the Revised Code of Washington, Section 35A.01.040. The Department of Assessments has not verified that the signature on the petition is valid through comparison with any record of actual signatures, nor that the signature was obtained or submitted in an appropriate time frame, and this document does not certify such to be the case. Dated this 6th day of August,2008 ,S\&014-710414...-- Scott .__Sc01, r4—.. Scott Noble, King County Assessor • NAME OF PROPONENT: Po..0 Rckky w ADDRESS OF PROPONENT: /j z.5 5-E.. t 111- CITY OF RENTON REAJtbit4t u9 4, 9663-7 JUL 2 4 2008 PHONE NUMBER OF PROPONENT: 2.06 L3 9 G RECEIVED 74110✓ CITY CLERKS OFFICE /o:30,n, NOTICE OF INTENTION TO COMMENCE ANNEXATION PROCEEDINGS UNDER RCW 35A.14.120 (Direct Petition Method) OlQCba 4hhcXc io" 10% PETITION—ANNEXATION TO: THE CITY COUNCIL OF THE CITY OF RENTON City Hall, c/o City Clerk 1055 South Grady Way. Renton, WA 98057 The undersigned are the owners of not less than ten percent (10%) invalue, according to the assessed valuation for general taxation, of property which they desire to annex to the City of Renton. We hereby advise the City Council of the City of Renton that it is our desire to commence annexation proceedings under the provisions of RCW 35A.14.120 of all or any part of the area described below. The territory proposed to be annexed is within King County, Washington, and is contiguous to the City of Renton. A map (Exhibit 1) and legal description (Exhibit 2) are included as part of this petition. The City Council is requested to set a date not later than sixty days after the filing of this request for a public meeting with the undersigned. 1. At such meeting, the City Council will decide whether the City will accept, reject or geographically modify the proposed annexation; 2. The City Council will decide whether to require simultaneous adoption of a proposed zoning regulation, such a proposal having been prepared and filed for the area to be annexed as provided for in RCW 35A.14.330 and 35A.14.340; and, 3. The City Council will decide whether to require the assumption of existing city indebtedness by the area to be annexed. This page is the first of a group of pages containing identical text material. It is intended by the signers that such multiple pages of the Notice of Intention be presented and considered as one Notice of Intention. It may be filed with other pages containing additional signatures which 4441i''' cumulatively may be considered as a single Notice of Intention. Page 1 of 2 WARNING: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. The undersigned have read the above petition and consent to the filing of this petition. (Names of petitioners should be in identical form as the name that appears on record in the title to the real estate.) Tax Lot Legal No. 2006 Signature and Mailing Description Assessed Date Printed Name of Owner of Address (Lot,Block,Plat Assessor's Valuation of Signed Record of Property No.or other) Property 44( 44,-44 11-1rn-s- ,5 a q' e rbi ts-r 1. lISlD$ e.) qvry , ews1 fina— 7 _ 7/zikk e 2. 1 L'Pei&nf .9124 3s-i ono ni(--1/ I l Li 10 AO /)4l , *ksV-i©.gZ o S- 3. 7/2c 7,71A ---f\ �rJr roa COOCOOiODID arr,C.k 4 o we 69 4. 7 ti-rt 0( 5E 1 C /\ M- b?Z 3e)S P 41 Wf ND cd GtooctvY q )611 i , d 5. 7�z y/a� ��i µms, A- RNro�i vUof ea�j a �z I / ��.c»ol u V t 0 U A6i11r7o`f 51 04°far51— DZWS — * 6. 7/247°g /. 7a44,4' ‘12-1 q 92/aV "Zzy/ 4, g ,Api., ,, // /view 3c1 r='IC(Sc, 032-30_6-- �is�aivA f.3& 7Z V .,.44›.4. , a 8 z/ 39'i9d' , 032-3 05-- -/�� OC 1 8. Qq' lam. . �-, nJew� tuf dgeaJd , op1,7161 c13 Z-a 7 Pr— a /�, f9�4' 3 oc , ®52 3O - f 6499. `-'4 --- 7-- cri 06 10. 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Agreement E09-022 Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Grant Agreement Information Recommended Action: Approvals: Refer to Finance Committee Legal Dept X Finance Dept X Other Fiscal Impact: Expenditure Required... $119,819.65 Transfer/Amendment Amount Budgeted $119,819.65 Revenue Generated Total Project Budget $479,279.00 City Share Total Project.. I SUMMARY OF ACTION: Fire Station 11 is in need of a retrofit to make it more resistant to a seismic event. As it sits today, a moderate seismic event could drop the ceiling on the apparatus and rack the bay doors so that they could not be opened. The City applied for a FEMA PDM grant for roughly 75% of the project cost and the project qualified. The grant is for up to $359,459.35. The City is required to match 25% of the project - up to $119,819.65. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to sign the PDM Project Grant Agreement E09-022 with the State of Washington Emergency Management Division of the Military Department. Authorize the use of these grant funds for Fire Station 11 Seismic Retrofit Project. Authorize the use of funding from the Grant Matching Program of Fund 316 to fund the balance of the project up to 25% of the project cost. • Rentonnet/agnbill/ bh C. �� COMMUNITY SERVICES DEPARTMENT baiL o� MEMORANDUM DATE: August 28, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: 1`. Denis Law, Mayo FROM: Terry Higashiyama, ommunity Services Administrator, x6606 STAFF CONTACT: Peter Renner, Facilities Director, x6605 SUBJECT: Pre-Disaster Mitigation (PDM) Project Grant Agreement E09-022 Issue: Should Council authorize the Mayor and City Clerk to sign a Pre-Disaster Mitigation Project Grant Agreement with the State of Washington Military Department to accept a FEMA grant for up to $359,459.35 of a $479,279.00 project to perform a seismic retrofit of Fire Station 11? Recommendation: Council authorize the Mayor and City Clerk to sign the PDM Project Grant Agreement `,owe E09-022 with the State of Washington Military Department. Background: • A seismic evaluation of Fire Station 11 performed in 2006 indicated that the station was vulnerable to potential severe damage from future earthquakes. • In 2007, a consultant familiar with the requirements for FEMA Pre-Disaster Mitigation Project Grants was hired to assist the City in order to apply for available funding to retrofit Fire Station 11. A more in-depth seismic engineering analysis was performed to support the FEMA grant application. It is useful to know that the State's Military Department Emergency Management Division acts as FEMA's sub-agent for both application and disbursement of grants. • In the spring of 2008, we were informed that the project was one of two approved in the State of Washington for funding. Generally, grants are provided for projects with a high cost-benefit profile. Using conservative figures, it was determined that the roughly$500,000 project could prevent over$1,000,000 in damage from a moderate earthquake. • The proposed project was also highly ranked because it involves the sustainability of first responders and their equipment in the case of a seismic event. • In the application, the City had to certify that funding for the project balance, $119,819.65, was available in Council-approved funds. These funds are available in Fund 316, Grant Matching Program. • While the FEMA grant cannot be used for general station upgrades, other approved project funding in Fund 316, Operational Facilities, Fire Station 11, will allow us to perform some long-delayed station energy and maintenance projects at Issue Paper—PDM Grant Page 2 of 2 August 28,2008 44011 the same time,using the same contractor. This will greatly reduce the cumulative emergency service impacts caused by construction disruptions. • The project engineering and management team is in place to begin the project immediately. Conclusion: The PDM Project Grant Agreement can provide three-quarters of the funding for an essential seismic upgrade for Fire Station 11 that will enhance the survivability of first responders and their equipment. Attachments C: Jay Covington,Chief Administrative Officer Iwen Wang,Finance/IS Administrator I.David Daniels,Fire and Emergency Services Department Chief Washington State Military Department MITIGATION GRANT AGREEMENT FACE SHEET I1. Applicant Name and Address: 2. Total Project Amount: 3. Grant Number City of Renton $479,279.00 F,L rr1055 S. Grady Way Renton, Washington 98055-3232 up to$359,459.25 F E09-022 4. Applicant Agent,phone number: 5. Grant Start Date: 6. Grant End Date: Peter Renner, (425)430-6605 June 26, 2008 June 25, 2011 7. MD Program Manager/phone number: 8. Data Universal Numbering System 9. UBI#(state revenue): Mark W. Stewart, (253)512-7072 (DUNS): 092278894 177-000-094 10. Funding Authority: Washington State Military Department(Department), and the Federal Emergency Management Agency (FEMA) 11. Funding Source Agreement#: 12. Program Index# 13. Catalog of Federal Domestic Asst. 14. TIN or SSN: EMS-2008-PC-0001 783CJ NZ (CFDA)#&Title: 97.017 (PDM) 91-6001271 15. Service Districts: 16. Service Area by County: 17. Women/Minority-Owned,State (BY LEGISLATIVE DISTRICT): 11,37 Certified?: X N/A o NO (BY CONGRESSIONAL DISTRICT): 8, 9 King County o YES, OMWBE# 18. Grant Agreement Classification: 19. Document Type(check all that apply): O Personal Services 0 Client Services X Public/Local Gov't 0 Contract X Grant X Agreement o Collaborative Research o NE 0 Other 0 Intergovernmental 0 Interagency 20. Applicant Selection Process: 21. Applicant Type(check all that apply) X "To all who apply&qualify" o Competitive Bidding 0 Private Organization/Individual 0 For-Profit O Sole Source 0 NE RCW O N/A X Public Organization/Jurisdiction X Non-Profit o Advertised? o YES o NO 0 VENDOR o SUBRECIPIENT X OTHER 22. BRIEF DESCRIPTION: Project Title: Seismic Retrofit of Renton Fire Station 11. To provide funds to the Applicant for the herein proposed project as noted in Attachment 1-Description of the Project; Attachment 2-Project Development and Construction 'hedule; Attachment 3-Project Budget; and Attachment 4-Certifications and Assurances, and the original Nol,„rplication, which are incorporated herein by this reference. . IN WITNESS WHEREOF, the Department and Applicant acknowledge and accept the terms of this Grant Agreement, exhibits and attachments hereto and have executed this Grant Agreement as of the date and year written below. This Grant Agreement Face Sheet, Special Terms and Conditions, General Terms and Conditions, Federal and State Requirements and Assurances, Statement of Work and/or Description of Project (Attachment #1), and Project Development Schedule (Attachment#2), and any other attachments govern the rights and obligations of both parties to this Grant agreement. In the event of an inconsistency in this Grant Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable Federal and State Statutes and Regulations 2. Statement of Work and/or Project Description 3. Special Terms and Conditions 4. General Terms and Conditions, and if attached, 5. Other provisions of the contract incorporated by reference. This Grant Agreement, including all attachments, contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties hereto. WHEREAS, the parties hereto have executed this agreement on the day and year last specified below. FOR THE DEPARTMENT: FOR THE APPLICANT: Signature Date Signature Date James M. Mullen, Director Mr. Peter Renner, Facilities Director Emergency Management Division City of Renton Washington State Military Department APPROVED AS TO FORM: 'PROVED AS TO FORM: lilt Iv' pencer W. Daniels (signature on file) 8/19/04 Applicant's Legal Review (if required) Date Assistant Attorney General Form 10/27/00 kdb Mitigation Grant Agreement Page 1 of 19 City of Renton Pre-Disaster Mitigation E09-022 • Washington State Military Department SPECIAL TERMS AND CONDITIONS Article I —COMPENSATION SCHEDULE: 1. PROJECT FUNDING The Department will administer the Pre-Disaster Mitigation grant program and will pass through the federal match. The Applicant will commit the required local match. a. The total cost of the project for the purposes of this Grant Agreement is $479,279.00 dollars; PROVIDED that, if the total cost of the project when completed, or when this Grant Agreement is terminated, is actually less than above, the actual cost shall be substituted herein. b. The value of the contributions by the Applicant to the project shall be $119,819.75 dollars, or 25 percent, at minimum, of the total project cost. c. When the Department enters into an agreement with the Federal Emergency Management Agency (FEMA), to contribute federal funds to this project, that federal contribution will be $359,459.35 dollars, or 75 percent of the total project cost, whichever is less. d. The Department shall not be obligated to pay any amount beyond that set out in Subsection C above. If costs exceed the maximum amount of FEMA funding approved, the Applicant shall pay the costs in excess of the approved budget as specified or defined in the Project Budget, Attachment#3. e. Some flexibility to shift funds between/among budget categories is allowed as follows: Transfers of funds between total direct cost categories in the approved budget will not be reimbursed without the prior written authorization of the Department and FEMA when such cumulative transfers among those direct cost categories exceed 10% of the total budget. Budget categories are as specified or defined in the Project Budget, Attachment#3. 2. GRANT AGREEMENT PERIOD Activities payable under this Grant Agreement and to be performed by the APPLICANT under this Grarw Agreement shall be those following the obligation of federal funds on June 26, 2008, and shall terminate June 25, 2011. This period shall be referred to herein as the "Grant Agreement period," unless expressly stated otherwise. Costs incurred during the Grant Agreement period shall be costs incurred after effective date thereof. a. The Applicant shall complete the project as approved and described in the project application (PDMC- PJ-10-WA-2008-005) and ATTACHMENTS 1 and 2. In the event of extenuating circumstances, the Applicant may request, in writing, that the Department extend the deadline for Grant Agreement completion. The Department may, in its sole discretion, extend the deadline. b. No expenditure made, or obligation incurred, following the Grant Agreement period shall be eligible, in whole or in part, for grant funds. In addition to any remedy the Department may have under this Grant Agreement, the amounts set out in Project Funding section above may be reduced to exclude any such expenditure from participation. c. Failure to complete the project in a timely manner, as outlined in Attachment 2, is a material breach of this Grant Agreement. Refer to General Terms and Conditions Section A.5 for termination actions. 3. PROJECT PAYMENT(s) The Department, using mitigation funds from the Pre-Disaster Mitigation (PDM) grant program shall issue payments to the Applicant as follows: a. Payment for work completed and submitted on an A-19, Voucher Distribution, with documentation. b. The Department reserves the right to withhold disbursement of its share of funding, as specified in A.3, Project Payment C, to the Applicant until the project has been completed and given final approval t•*of the Department. Mitigation Grant Agreement Page 2 of 19 City of Renton Pre-Disaster Mitigation c. Final Payment: Final payment of any remaining, or withheld, funds will be made upon submission by the Applicant within 60 days of completion of the project of the final report and an A-19, Voucher Distribution, and completion of all final inspections by the Department. Final payment also may be conditioned upon a financial review, if determined necessary by the Department. Adjustments to the final payment may be made following any audits conducted by the Washington State Auditor's Office, the United States Inspector General, or authorized representative of the Department. Article II — REPORTS: 1. In addition to the reports as may be required elsewhere in this Grant Agreement, the Applicant shall prepare and submit the following reports to the Department's Key Personnel: The APPLICANT shall promptly submit the following reports: • A progress report with each A-19, Voucher Distribution; • Quarterly progress reports; and • A final report when the project is completed, prematurely terminated, or project assistance is terminated. The report shall include a final accounting of all expenditures and a description of work accomplished. If the project is not completed, the report shall contain an estimate of the percentage of completion, and shall indicate the degree of usefulness of the completed project. The report shall account for all expenditures not previously reported and shall include a summary for the entire project. Article Ill - KEY PERSONNEL: 1. The individuals listed below shall be considered key personnel and point of contact. Any substitution by either party must be submitted in writing. APPLICANT: DEPARTMENT: Name: Mr. Peter Renner Mark W. Stewart Title: Facilities Manager State Hazard Mitigation Programs Manager E-mail address: prenner@ci.renton.wa.us m.stewart@emd.wa.gov Phone Number: (425)430-6605 (253) 512-7072 Article IV—ADMINISTRATIVE AND/OR FINANCIAL MANAGEMENT AND ACCOUNTING: 1. The Applicant shall establish and maintain a financial management and accounting system that conforms to generally accepted accounting principles and complies with the Office of Management and Budget Circular No. A-102, "Common Rule," or such equivalent system as the Department may require. 2. The Applicant shall comply with all applicable laws, regulations, and program guidance. A non-exclusive list of laws and regulations commonly applicable to FEMA grants are listed here for reference only, but not limited to, the following: • The Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, 42 USC §§ 5121-5206 • Title 44 of the Code of Federal Regulations (CFR) • 44 CFR Part 13 • 31 CFR 205.6— Funding Techniques • OMB Circular A-87—Cost Principles for State and Local Governments • Grant Award/Cooperative Agreement application as received and approved by FEMA. • Pre-Disaster Mitigation program FY 2008 guidance document Article V— ADDITIONAL SPECIAL CONDITIONS AND MODIFICATIONS TO GENERAL CONDITIONS: 1. PRE-DISASTER MITIGATION PROGRAM The U.S. Department of Homeland Security/Federal Emergency Management Agency (FEMA) provides Now grants to the State of Washington to support the Pre-Disaster Mitigation Grant Program, authorized under the §203 Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § §5121-5206 (Stafford Act), and activated under this Grant Award. Mitigation Grant Agreement Page 3 of 19 City of Renton Pre-Disaster Mitigation E09-022 2. ACQUISITION AND DISPOSITION OF PROPERTY AND EQUIPMENT The Applicant agrees to comply with the requirements of the Federal Office of Management and Budget Circular No. A-102, specifically "Post Award Requirements" Subpart "C" to account for any tangible rer' property, equipment and procurement, or such other requirements as the Department may prescribe. vied 3. PROVISIONS APPLYING ONLY TO CONSTRUCTION PROJECT The following provisions shall be in force only if the project described in this Grant Agreement is for construction of a Mitigation Project. a. Compliance With Applicable Laws: The Applicant agrees to comply with all federal, state and local laws prior to the start of any construction activity. Failure to obtain all appropriate federal, state and local environmental permits and clearances may jeopardize federal funding. b. Scope of Work Change: Requests for changes to the Scope of Work after award are permissible as long as they do not change the nature or total project cost of the activity, properties identified in the application, the feasibility and effectiveness of the project, or the Benefit Cost Ratio. Requests must be supported by adequate justification, including a description of the proposed change, a written explanation of the reason or reasons for the change; an outline of remaining funds available to support the change; and a full description of the work necessary to complete the activity. Any change to the approved Scope of Work will require re-evaluation for compliance with the National Environmental Policy Act and other laws and Executive Orders. If a Scope of Work change results in a cost overrun, the Applicant shall pay the costs in excess of the approved budget. The project must remain cost effective (i.e., Benefit Cost Ratio of 1.0 or greater) in the event of cost overrun. c. Archaeological Resources: In the event historically or archaeologically significant materials or sites (or evidence thereof) are discovered during the implementation of the project, the project shall be halted, all activities shall cease and all reasonable measures taken to avoid or minimize harm to the property until such time the Applicant notifies the Department, and FEMA, in consultation with the State Historic Preservation Officer (SHPO) and appropriate Native American tribes, determines appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act. d. Coastal Zone Management Act consistency: The Applicant is responsible for confirming with thlmili Washington State Department of Ecology whether the project requires a consistency determination under the Coastal Zone Management Act. If required, the Applicant shall obtain and comply with all requirements prior to start of construction, and notify the Department of compliance requirements and activities. e. Hazardous Materials: The Applicant will manage any hazardous materials found on site, such as asbestos or lead-based paint, in accordance with all applicable local, state, and federal laws and regulations. f. Construction Document Approval: The Applicant agrees to submit two copies of all construction plans and specifications to the Department for review and approval. Review by the Department will be for compliance with the terms of this Grant Agreement. g. Grant Agreements for Construction: Grant Agreements for construction shall be awarded through a process of competitive bidding, if required by federal and state law. h. Copies of all bids and contracts awarded shall be submitted to the Department upon request. Where all bids are substantially in excess of project estimates, the Department may, by notice in writing, suspend the project for determination of appropriate action, which may include termination of the Grant Agreement. i. Construction Grant Agreement Change Order: All change orders must be in writing and shall be submitted to the Department. The Applicant shall pay any increase in the cost of the project as the result of a change order, unless the Department has agreed to the change, with a written amendment to this Grant Agreement. j. Property Acquisition Projects: An original Exhibit A (deed restrictions in perpetuity) will be filed for each parcel with an individual legal description and an assurance of clear title provided. The Applicant will provide the Department a copy of the Exhibit A filed with the county for each of thr properties acquired. Mitigation Grant Agreement Page 4 of 19 City of Renton Pre-Disaster Mitigation E09-022 ATTACHMENT#1 STATEMENT OF WORK AND/OR DESCRIPTION OF PROJECT APPLICANT: City of Renton PROJECT TITLE: Seismic Retrofit of Renton Fire Station 11 The Pre-Disaster Mitigation program was authorized by the Disaster Mitigation Act of 2000 to provide a consistent source of pre-disaster funding to State, Tribal, and local governments for mitigation planning and projects primarily related to natural hazards. This project grant was selected for approval following a thorough technical review and scoring via a National Evaluation system in accordance with the PDM program guidance for FY 2008. The primary objectives of this seismic retrofit project are to 1) provide life safety for occupants of the fire station; 2) protect the critical fire apparatus and equipment to be available for emergency use after a major earthquake; 3) ensure the availability of emergency fire and medical services, especially in the post-disaster time period, when such services are absolutely critical as loss of such services would pose a significant life safety risk for the residents of Renton. Based on the building-specific seismic vulnerability assessments by two engineering firms, this building has a high potential for substantial damage or collapse in significant earthquakes, with a corresponding high level of life safety risk and a high potential for loss of the critical fire suppression and emergency medical response functions which are especially important after a major earthquake. This 1970s vintage reinforced masonry building has major seismic vulnerabilities, including an inadequate roof diaphragm, inadequate roof to wall connections, and deficient shear walls for lateral forces at several locations. The proposed mitigation project addresses and mitigates all of the major structural deficiencies identified by ,e seismic vulnerability assessments referenced above, including: an inadequate roof diaphragm, inadequate roof to wall connections, and deficient shear walls for lateral forces at several locations. City of Renton (Applicant) Agrees To: 1. Accomplish tasks outlined above and in the project application (Application #PDMC-PJ-10-WA-2008-005), in the Project Development Schedule-Attachment #2, and according to the Project Budget as shown in Attachment#3. 2. Submit and obtain prior approval from the Department and FEMA before implementing changes to the approved project grant Scope of Work as described in the project application and in this grant agreement. A change in the Scope of Work must be approved by the Department and FEMA in advance regardless of the budget implications; there is no guarantee that Scope of Work changes will be approved. Per FFY 2008 PDM program guidance, no cost overruns will be funded, and projects must remain cost effective (i.e., Benefit Cost Ratio of 1.0 or greater). 3. Submit quarterly reports that cover the previous three months by the 15t of the following month (or the next work day) in January, April: July and October until all requirements are fulfilled. Quarterly reports will include sufficient narrative to determine the degree to which the project has been implemented and the estimated time for completion, and significant developments such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower costs or earlier completion. 4. Submit a signed final project report before final payment. Submit signed, approved invoice vouchers (state form A-19) within 15 days of the end of the month in Now which the work was performed. Each billing must identify the task completed and any other funding identification pertinent to that task, including match. Documentation of all costs, to include dated invoices for goods and services purchased, is required. Mitigation Grant Agreement Page 5 of 19 City of Renton Pre-Disaster Mitigation E09-022 The Military Department Agrees To: 1. Provide staff coordination and input regarding grant administration for funding and technical assistance for project and reviews for hazard mitigation planning and/or mitigation construction projects, as necessary. „vs 2. Reimburse the City of Renton within 30 days of receipt and approval of signed, dated invoice voucher(s) (state form A-19) with adequate documentation of costs to include completion of tasks to date and dated invoices for goods and services purchased. Costs must be categorized according to the budget item and cost classification shown in the Project Budget, Attachment#3. 3. Coordinate with the City of Renton staff to schedule and conduct any site or final inspections by Department staff. • Mitigation Grant Agreement Page 6 of 19 City of Renton Pre-Disaster Mitigation ATTACHMENT#2 PROJECT DEVELOPMENT SCHEDULE APPLICANT: City of Renton PROJECT TITLE: Seismic Retrofit of Renton Fire Station 11 SCHEDULED DESCRIPTION OF ACTIVITY/TASK COMPLETION DATE Bid Process for Final Design March 2009 Final Seismic Design May 2009 Construction Bid Process July 2009 Construction February 2010 • October 15, 2008; January 15, 2009; April 15, 2009; July 15, 2009; Quarterly Reports Due on Seismic Retrofit of Renton Fire October 15, 2009; Station 11, Final Project Report and all documentation, site January 15, 2010; visits and inspections. April 15, 2010; July 15, 2010; October 15, 2010 January 15, 2011; April 15, 2011. �rr Mitigation Grant Agreement Page 7 of 19 City of Renton Pre-Disaster Mitigation E09-022 ATTACHMENT#3 PROJECT BUDGET APPLICANT: City of Renton ` PROJECT TITLE: Seismic Retrofit of Renton Fire Station 11 Item Name Cost Cost Classification Estimate ($) Architectural and Engineering fees, permits, Other Architectural Engineering $ 116,396.00 testing, inspection, insurance Basic Fees Construction And Project $ 332,560.00 Construction Improvement Project Management Administrative Expense $ 22,823.00 Relocation Costs Relocation Expenses $ 7,500.00 Total Project Cost $479,279.00 • Per FFY 2008 PDM program guidance, no cost overruns will be funded. If costs exceed the maximum amount of FEMA funding approved, the Applicant shall pay the costs in excess of the approved budget. Project must remain cost effective (i.e., Benefit Cost Ratio of 1.0 or greater) in the event of cost overrun. Mitigation Grant Agreement Page 8 of 19 City of Renton Mitigation Washington State Military Department Exhibit A GENERAL TERMS AND CONDITIONS 444,w,,.1 DEFINITIONS As used throughout this Grant Agreement, the following terms shall have the meaning set forth below: a. "Department" shall mean the Washington State Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other . officials lawfully representing that Department. b. "Applicant" shall mean a state agency, local government, tribal, special purpose districts, or eligible private nonprofit organization submitting an application to the State Hazard Mitigation Programs Manager for assistance under the Flood Mitigation Assistance Grant Program. c. "Grantee" shall mean the government to which a grant is awarded and which is accountable for the use of the funds provided. The Grantee is an entire legal entity even if only a particular component of the entity is designated in the grant award document. For the purpose of this program, the state is the Grantee. The Grantee and the Department are one in the same. d. "Subgrantee" shall mean the government or other legal entity to which a subgrant is awarded and which is accountable to the Grantee for the use of the funds provided. The Subgrantee and Applicant are one in the same. e. "Project" shall mean the action that is being funded through the Mitigation program. Project could be a construction type grant, or a planning grant. f. "CFR" — is defined and used herein to mean the Code of Federal Regulations. g. "OMB"— is defined and used herein to mean the Office of Management and Budget. h. "WAC"— is defined and used herein to mean the Washington Administrative Code. "RCW"— is defined and used herein to mean the Revised Code of Washington. A.2 RECORDS AND REPORTS a. The APPLICANT agrees to maintain all books, records, documents, receipts, invoices and all *ow other electronic or written records necessaryto sufficientlyand rlreflect the APPLICANT's contracts, contract administration, nd payments, icluding all d ect and indirect charges, and expenditures in the development and implementation of the project. b. The APPLICANT's records related to this Grant Agreement and the project hereunder may be inspected by the DEPARTMENT or the Director, or their designees, or by designees of the State Auditor or by federal officials authorized by law, for the purposes of determining compliance by the APPLICANT with the terms of this Grant Agreement and to determine the appropriate level of funding to be paid under the subject Grant Agreement. c. The records shall be made available by the APPLICANT together with suitable space for such inspection at any and all times during the APPLICANT's normal working day. d. The APPLICANT shall retain all records related to this Grant Agreement and the funded project for a period of at least six (6) years following completion of payment of the grant under this Grant Agreement. A.3 WAIVERS No conditions or provisions of this Grant Agreement can be waived unless approved by the DEPARTMENT in writing. The DEPARTMENT's failure to insist upon strict performance of any provision of the Grant Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Grant Agreement. A.4 AMENDMENTS AND MODIFICATIONS The APPLICANT or the DEPARTMENT may request, in writing, an amendment or modification of this Grant Agreement. However, such amendment or modification shall not take effect until approved, in writing, by the DEPARTMENT and the APPLICANT. Requests for extension, changes in scope of work, or other circumstances must be received 90 days prior to the end of the agreement with full justification provided. Any changes must be mutually agreed upon and understood that no alteration or variation of the terms of this agreement shall be valid unless made in writing and signed by the parties hereto, and that any oral understanding or agreements not incorporated herein shall not be binding. Mitigation Grant Agreement Page 9 0119 City of Renton Pre-Disaster Mitigation FOA-1-192 A.5 TERMINATION AND OTHER REMEDIES a. The DEPARTMENT requires strict compliance by the APPLICANT with the terms of this Grant Agreement including, but not limited to, the requirements of the applicable federal and stat statutes and rules and all policies incorporated by reference in this Grant Agreement, and w hiesi the APPLICANT'S representations in its application for a grant as finally approved. b. The DEPARTMENT may suspend, or may terminate, the DEPARTMENT'S obligation to provide funding to the APPLICANT under this Grant Agreement if: • There is any breach by the APPLICANT of any of the APPLICANT'S obligations under this Grant Agreement; or • The APPLICANT fails to make progress satisfactory to the DEPARTMENT toward completion of the project by the completion date set out in Special Terms and Conditions, A.2, Grant Agreement Period C, and as outlined in Attachment 2; or • There is a reduction in funds by the source of those funds, and if such funds are the basis for this contract. Written notice shall be given 30 days prior to any such termination. c. The APPLICANT understands and agrees that the DEPARTMENT may enforce this Grant Agreement by the remedy of specific performance, which will mean completion of the project. However, the remedy of specific performance shall not be the sole or exclusive remedy available to the DEPARTMENT. No remedy available to the DEPARTMENT shall be deemed exclusive. The DEPARTMENT may elect to exercise any combination or all of the remedies available to it under this Grant Agreement, or under any provision of law, common law, or equity. A.6 APPLICATION REPRESENTATION-MISREPRESENTATION, INACCURACY AND BREACH The DEPARTMENT relies upon the APPLICANT's application in making its determinations as to eligibility for, selection for, and scope of funding grants. Any misrepresentation, error or inaccuracy in any part of the application shall be deemed a breach of this Grant Agreement. A.7 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES This Mitigation grant shall be governed by, and the APPLICANT shall comply with, all applicable provisions of state and federal laws including but not limited to the RCW, WAC, CFR, OMB and polici and guidelines, which are incorporated herein by this reference or fully set forth. A.8 LEGAL RELATIONS It is understood and agreed that this Grant Agreement is solely for the benefit of the parties to the Grant Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of this Grant Agreement. The APPLICANT, its successors or assigns, will protect, save and hold harmless the DEPARTMENT and the State of Washington and their authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the APPLICANT, its subcontractors, assigns, agents, contractors, licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Grant Agreement. The APPLICANT further agrees to defend the DEPARTMENT and the State of Washington and their authorized agents and employees in any litigation; including payment of any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Grant Agreement. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the DEPARTMENT or the State of Washington or their authorized agents or employees; provided, that if the claims or damages are caused by or result from the concurrent negligence of (1) the DEPARTMENT and the State of Washington and their agents or employees, and (2) the APPLICANT, its agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the APPLICANT, or APPLICANT's agents or employees. A.9 ACKNOWLEDGMENTS The APPLICANT shall include language which acknowledges the funding contribution of tv DEPARTMENT and the Federal Emergency Management Agency (FEMA) to this project in any relea1,400 or other publication developed or modified for, or referring to, the project. Mitigation Grant Agreement Page 10 of 19 City of Renton E09-022 Prv_nicactrnr Mitiaatinn • A.10 INDEPENDENT CONTRACTOR STATUS OF APPLICANT The APPLICANT and the APPLICANT's officers, employees and agents shall perform all obligations under this Grant Agreement as an independent contractor and not in any manner as officers or employees or agents of the DEPARTMENT. Herein all references to the APPLICANT shall include its officers, employees and agents. The DEPARTMENT shall not withhold or pay taxes, insurance, or deductions of any kind. A.11 NONDISCRIMINATION The APPLICANT shall comply with all applicable federal and state non-discrimination laws, regulations, and policies. No person shall, on the grounds of age, race, creed, color, sex, religion, national origin, residence, marital status, or disability (physical, mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any project, program, or activity, funded, in whole or in part, under this Grant Agreement. A violation of this provision is a material breach and cause for termination under Section B.5 of this Agreement. A.12 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE) The APPLICANT is encouraged to utilize business firms that are certified as minority-owned and/or women-owned in carrying out the purposes of this Grant Agreement. The APPLICANT may set utilization standards, based upon local conditions or may utilize the state of Washington MWBE goals, as identified in WAC 326-30-03901. A.13 CONFLICT OF INTEREST No officer or employee of the DEPARTMENT; no member, officer, or employee of the APPLICANT or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of such locality or localities who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Grant Agreement. The APPLICANT shall incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision prohibiting such Now interest pursuant to this provision. A.14 VENUE This Grant Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a lawsuit involving this Grant Agreement, venue shall be proper only in Thurston County Superior Court. The Applicant, by execution of this Grant Agreement acknowledges the jurisdiction of the courts of the State of Washington. In the cases where this Grant Agreement is between the Department and a federally recognized Indian Tribe, the following Governing LawNenue applies: a. The State of Washington agrees that it shall initiate any lawsuit against a federally recognized Indian Tribe arising out of or relating to the performance, breach or enforcement of this Grant Agreement in Federal Court. Interpretation shall be according to the law of the State of Washington. In the event that the Federal Court determines that it lacks subject matter jurisdiction to resolve the dispute between the State and the Tribal Party, then the parties agree to venue in Thurston County Superior Court, but the parties agree that the matter shall not be pursued in Superior Court unless there is a Federal Court determination that it lacks subject matter jurisdiction. A.15 OWNERSHIP OF PROJECT/CAPITAL FACILITIES The DEPARTMENT makes no claim to any capital facilities or real property improved or constructed with funds under this Grant Agreement, and by this grant of funds does not and will not acquire any ownership interest or title to such property of the APPLICANT. The APPLICANT shall assume all liabilities arising from the ownership and operation of the project and agrees to hold the DEPARTMENT and the state of Washington harmless from any and all causes of action arising from the ownership and operation of the project. (k.16 SEVERABILITY Now If any court of rightful jurisdiction holds any provision under this Grant Agreement or its application to any person or circumstances invalid, this invalidity does not affect other provisions of the Grant Agreement, which can be given effect without the invalid provision. Mitigation Grant Agreement Page 11 of 19 City of Renton Pre-Disaster Mitigation E09-022 A.17 RECAPTURE PROVISION In the event the APPLICANT fails to expend funds in accordance with state law and/or the provisions of the Grant Agreement, the DEPARTMENT reserves the right to recapture funds in an amount equivaler` to the extent of noncompliance. Such right of recapture shall exist for the life of the project followir agreement termination. Repayment by the APPLICANT of funds under this recapture provision shall— occur within 30 days of demand. In the event the DEPARTMENT is required to institute legal proceeding to enforce the recapture provision, the DEPARTMENT shall be entitled to its costs thereof, including attorneys' fee. A.18 POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. A.19 NOTICES The APPLICANT shall comply with all public notices or notices to individuals required by applicable state and federal laws and shall maintain a record of this compliance. A.20 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The assistance provided under this Grant Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Grant Agreement provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. A.21 RESPONSIBILITY FOR PROJECT While the DEPARTMENT undertakes to assist the APPLICANT with the project by providing grant funds pursuant to this Grant Agreement, the project itself remains the sole responsibility of the APPLICANT. The DEPARTMENT undertakes no responsibility to the APPLICANT, or to any third party, other than as is expressly set out in this Grant Agreement. The responsibility for the desig development, construction, implementation, operation and maintenance of the project, as those phase are applicable to this project, is solely that of the APPLICANT, as is responsibility for any claim or suit of any nature by any third party related in any way to the project. The APPLICANT shall defend at its own cost any and all claims or suits at law or in equity which may be brought against the APPLICANT in connection with the project. The APPLICANT shall not look to the DEPARTMENT, or state or federal agency, or to any of their employees or agents, for any performance, assistance, or any payment or indemnity, including but not limited to cost of defense and/or attorneys' fees, in connection with any claim or lawsuit brought by any third party related in any design, development, construction, implementation, operation and/or maintenance. A.22 HAZARDOUS SUBSTANCES The APPLICANT shall inspect and investigate the proposed development/construction site for the presence of hazardous substances. The APPLICANT shall fully disclose to the DEPARTMENT the results of its inspection and investigation and all other knowledge the APPLICANT has as to the presence of any hazardous substances at the proposed development/construction project site. The APPLICANT will be responsible for any associated clean-up costs as a result of the inspections. The DEPARTMENT may suspend, or terminate the DEPARTMENT's obligations as referenced in Section A.5, if it is determined that the project is no longer cost effective as required by FEMA guidelines. "Hazardous Substances" means "Hazardous Substances" as defined in RCW 70.105D.020(5). A.23 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/HEALTH ACT (OSHA/WISHA) The APPLICANT represents and warrants that its work place does now or will meet all applicable federal and state safety and health regulations that are in effect during the APPLICANT's performance under this Grant Agreement. The APPLICANT further agrees to indemnify and hold harmless the DEPARTMENT and its employees and- agents from all liability, damages and costs of any natur' including but not limited to, costs of suits and attorneys' fees assessed against the DEPARTMENT, r■r a result of the failure of the APPLICANT to so comply. Mitigation Grant Agreement Page 12 of 19 City of Renton Pre-Disaster Mitigation E09-022 A.24 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY If federal funds are the basis for this grant, the APPLICANT certifies that the APPLICANT is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this grant by any federal department or agency. If requested by Washington Military Department, the APPLICANT shall complete and sign a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the APPLICANT for this grant shall be incorporated into this grant by reference. . Further, the APPLICANT agrees not to enter into any arrangements or contracts related to this grant with any party that is on the "General Service Administration List of Parties Excluded from Federal Procurement or Non-procurement Programs." A.25 PRIVACY Personal information collected, used or acquired in connection with this agreement shall be used solely for the purposes of this agreement. APPLICANT and its subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the Department or as provided by law. APPLICANT agrees to implement physical, electronic and managerial safeguards to prevent unauthorized access to personal information. The Department reserves the right to monitor, audit, or investigate the use of personal information collected, used or acquired by the APPLICANT through this contract. The monitoring, auditing or investigating may include but is not limited to "salting" by the Department. APPLICANT shall certify return or destruction of all personal information upon expiration of this contract. Salting is the act of placing a record containing unique but false information in a database that can be used later to identify inappropriate disclosure of data contained in the database. Any breach of this provision may result in termination of the contract and the demand for return of all personal information. The APPLICANT agrees to indemnify and hold harmless the Department for any damages related to the APPLICANT's unauthorized use of personal information. For purposes of this provision, personal information includes, but is not limited to, information identifiable to an individual that relates to a natural person's health, finances, education, business, use or receipt of governmental services, or other activities, names, addresses, telephone numbers, social security numbers, driver license numbers, financial profiles, credit card numbers, financial identifiers and other identifying numbers. Nine Mitigation Grant Agreement Page 13 of 19 City of Renton Pre-Disaster Mitigation E09-022 Exhibit B Washington State Military Department FEDERAL AND STATE REQUIREMENTS AND ASSURANCES B.1 STATE AND FEDERAL LAWS TO BE OBSERVED Nod The APPLICANT must comply with state and federal law in performing all tasks undertaken with respect to this Grant Agreement. The following sections are set forth for informational purposes, and do not constitute a representation by the DEPARTMENT that they constitute all relevant laws. It is the APPLICANT'S responsibility to comply with all laws, and reliance upon the brief description provided in this contract shall not create any liability on behalf of the DEPARTMENT. B.2 PUBLIC LAW 88-352. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 (42 U.S.C. 2000d et seq.) (24 CFR Part 1) The APPLICANT must comply with the provisions of"Public Law 88-352," which refers to Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). The law provides that no person in the United States shall, on the grounds of race, color or national origin, be denied the benefits of, be excluded from participation in, or be subjected to discrimination under any program or activity receiving federal financial assistance. B.3 SECTION 504 OF THE REHABILITATION ACT, 1973, AS AMENDED (29 U.S.C. 794) The APPLICANT must comply with Section 504 of the Rehabilitation Act of 1973, as amended, which provides that no otherwise qualified individual shall, solely by reason of his or her disability, be excluded from participation (including employment), denied program benefits or be subjected to discrimination under any program or activity receiving federal assistance funds. B.4 AMERICANS WITH DISABILITIES ACT (42 U.S.C. 12101, et seq.) The APPLICANT shall comply with the provisions of the Americans with Disabilities Act, 42 U.S.C. 12101, et. seq. That Act provides a comprehensive national mandate to eliminate discriminati against individuals with disabilities. The Act may impose requirements on the APPLICANT in loll.' principle ways: 1) with respect to employment; 2)with respect to the provision of public services; 3) with respect to transportation; and 4) with respect to existing facilities and new construction. B.5 COPELAND ACT (Anti-Kickback Act) (40 U.S.C. 276c) The APPLICANT shall comply with the Copeland Act, which makes it a criminal offense for any person to induce, by any manner whatsoever, any other person employed in the construction, prosecution, completion, or repair of any public building, or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he or she is entitled under his or her contract of employment. Compensation shall consist of wages and approved fringe benefits. B.6 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. 327, et seq.) The APPLICANT shall comply with the provisions of the Contract Work Hours and Safety Standards Act. According to this Act, no contract work may involve or require laborers or mechanics to work in excess of 40 hours in a work week, unless compensation of not less than one and one-half times the basic rate is paid for the overtime hours. If the Act is violated, the APPLICANT or subcontractor is liable to any affected employee for unpaid damages as well as to the United States for liquidated damages. These requirements apply to rehabilitation of residential property only if such property is designed for residential use for eight or more families. B.7 THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 INEPAJ 142 U.S.0 Section 4321 and 24 CFR Part 58, et seq.) The APPLICANT shall comply with the provisions of the National Environmental Policy Act of 1969. The purpose of this Act is to attain the widest use of the environment without degradation, risk to hee' or safety, or other undesirable and unintended consequences. Environmental review procedur beel including determining and publishing a Finding of Significance or of No Significance for a proposal, are a necessary part of this process. ' Mitigation Grant Agreement Page 14 of 19 City of Renton Pra-nicacter Mitination E09-022 Pursuant to these provisions, the APPLICANT must also submit environmental certifications to the DEPARTMENT when requesting that funds be released for the project. The APPLICANT must certify that the proposed project will not significantly impact the environment and that the APPLICANT has b44100, complied with environmental regulations and fulfilled its obligations to give public notice of the funding request, environmental findings and compliance performance. B.8 THE CLEAN AIR ACT. AS AMENDED (42 U.S.C. 7401, as amended, et seq.) The APPLICANT shall comply with the Clean Air Act, which prohibits (1) engaging in, (2) supporting in any way or providing financial assistance for, (3) licensing or permitting, or (4) approving any activity which does not conform to the state implementation plan for natural primary and secondary ambient air quality standards. The APPLICANT shall ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the program are not listed on the U.S. Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by EPA. B.9 EXECUTIVE ORDER 11990. MAY 24, 1977: PROTECTION OF WETLANDS (42 F.R. 26961, et seq.) The APPLICANT shall comply with Executive Order 11990. The intent of this Executive Order is (1) to avoid, to the extent possible, adverse impacts associated with the destruction or modification of wetland, and (2) to avoid direct or indirect support of new construction in wetlands wherever there is a practical alternative. The APPLICANT, to the extent permitted by law, must avoid undertaking or providing assistance for new construction located in wetlands unless (1) there is no practical alternative to such construction, and (2) the proposed action includes all practical measures to minimize harm to wetlands which may result from such use. In making this determination, the APPLICANT may take into account economic, environmental and other pertinent factors. 3.10 EXECUTIVE ORDER 11988. MAY 24, 1977: FLOODPLAIN MANAGEMENT(42 F.R. 26951, et seq). The APPLICANT shall comply with the p y provisions of Executive Order 11988. The intent of this Executive Order is to (1) avoid, to the extent possible, adverse impacts associated with the occupancy and modification of floodplains, and (2) avoid direct or indirect support of floodplain development wherever there is a practical alternative. If the APPLICANT proposes to conduct, support or allow an action to be located in a floodplain, the APPLICANT must consider alternatives to avoid adverse effects and incompatible involvement in the floodplain. If siting in a floodplain is the only practical alternative, the APPLICANT must, prior to taking any action (1) design or modify its actions in order to minimize any potential harm to the floodplain, and (2) prepare and circulate a notice containing an explanation of why the action is proposed to be located in a floodplain. B.11 THE WiLD AND SCENIC RIVERS ACT OF 1968, as amended (16 U.S.C. 1271 et seq.) The APPLICANT shall comply with the Wild and Scenic Rivers Act, as amended. The purpose of this Act is to preserve selected rivers or sections of rivers in their free-flowing condition, to protect the water quality of such rivers and to fulfill other vital national conservation goals. Federal assistance by loan, grant, license, or other mechanism cannot be provided to water resources construction projects that would have a direct and adverse effect on any river included or designated for study or inclusion in the National Wild and Scenic River System. B.12 COASTAL ZONE MANAGEMENT ACT OF 1972, as amended (16 U.S.C. 1451 et seq.) The APPLICANT shall comply with the Coastal Zone Management Act of 1972, as amended. The intent of this Act is to preserve, protect, develop, and where possible, restore or enhance the resources of the nation's coastal zone. Federal agencies cannot approve assistance for proposed projects that are inconsistent with the state's Coastal Zone Management program except upon a finding by the U.S. Secretary of Commerce that such a project is consistent with the purpose of this chapter or necessary in the interests of national security. Mitigation Grant Agreement Page 15 of 19 City of Renton Pre-Disaster Mitigation E09=022 B.13 THE ENDANGERED SPECIES ACT OF 1973, as amended (16 U.S.C. 1531 et seq.) The APPLICANT shall comply with the Endangered Species Act of 1973, as amended. The intent of this Act is to ensure that all federally assisted projects seek to preserve endangered or threatens species. Federally authorized and funded projects must not jeopardize the continued existence Nisi endangered and threatened species or result in the destruction of or modification of habitat of such species which is determined by the U.S. Department of the Interior, after consultation with the state, to be critical. B.14 THE RESERVOIR SALVAGE ACT OF 1960, as amended by the ARCHAEOLOGICAL AND HISTORIC PRESERVATION ACT OF 1974 (16 U.S.C. 469, et seq.) Under the Reservoir Salvage Act, as amended, the APPLICANT must comply with provisions for the preservation of historical and archaeological data (including relics and specimens) that might otherwise be irreparably lost or destroyed as a result of any alteration of the terrain caused as a result of any federal construction project or federally licensed activity or program. Whenever the APPLICANT finds, or is notified in writing by an appropriate historical or archaeological authority, that its activities in connection with any federal funded construction project or federally licensed project, activity or program may cause irreparable loss or destruction of significant scientific, prehistoric, historical or archaeological data, the APPLICANT must notify the U.S. Secretary of Interior in writing and provide appropriate information concerning the project or program activity. B.15 THE ARCHAEOLOGICAL AND HISTORICAL DATA PRESERVATION ACT OF 1974 (16 U.S.C. 469 a- 1,et seq.) The APPLICANT shall comply with the Archaeological and Historical Data Preservation Act, which provides for the preservation of historic and archaeological information that would be lost due to development and construction activities as a result of federally funded activities. B.16 HISTORICAL AND CULTURAL ARTIFACTS—The APPLICANT agrees that if historical, archaeological data, or cultural artifacts, relics or specimens are discovered during and as the result of contrr activities such as construction, the APPLICANT shall immediately stop those specific activities of notify the local historical preservation officer, the state's historical preservation officer at the Washington State Department of Archeology and Historic Preservation, and the Department's contact person for this contract. B.17 THE SAFE DRINKING WATER ACT OF 1974, as amended (42 U.S.C. Section 201, 300(f) et seq., and U.S.C. Section 349) The APPLICANT must comply with the Safe Drinking Water Act, as amended, which is intended to protect underground sources of water. No commitment for federal financial assistance, according to this Act, shall be entered into for any project, which the U.S. Environmental Protection Agency determines, may contaminate an aquifer that is the sole or principal drinking water source for an area. B.18 THE FEDERAL WATER POLLUTION CONTROL ACT OF 1972, as amended, including the CLEAR WATER ACT OF 1977, PUBLIC LAW 92-212 (33 U.S.C. SECTION 1251 et seq.) The APPLICANT must assure compliance with the Water Pollution Control Act, as amended, which provides for the restoration of chemical, physical and biological integrity of the nation's water. B.19 THE SOLID WASTE DISPOSAL ACT, as amended by the RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 (42 U.S.C. SECTION 6901 et seq.) The APPLICANT must assure compliance with the Solid Waste Disposal Act, as amended. The purpose of this Act is to promote the protection of health and the environment and to conserve valuable material and energy resources. B.20 THE FISH AND WILDLIFE COORDINATION ACT OF 1958, as amended (16 U.S.C. SECTION 661 et seq.) Nod The APPLICANT must assure compliance with the fish and Wildlife Coordination Act, as amended. .The Act assures that wildlife conservation receives equal consideration and is coordinated with other features of water resources development programs. Mitigation Grant Agreement Page 16 of 19 City of Renton E09-022 Dro_nicactar Mitigation B.21 ' U.S. OFFICE OF MANAGEMENT AND BUDGET CIRCULAR A-133, AUDITS OF STATE, LOCAL GOVERNMENTS AND NON-PROFIT ORGANIZATIONS (INCLUDING ALL AMENDMENTS) Non-federal APPLICANTS who expend financial assistance of $500,000 or more in federal funds from %toe all sources, direct and indirect, are required to have a single or a program-specific audit conducted in accordance with the Office of Management and Budget (OMB) Circular A-133-Audits of States, Local Governments, and Non-Profit Organizations (revised June 27, 2003, effective for fiscal years ending after December 31, 2003). Non-federal APPLICANTS that spend less than $500,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in Circular No. A-133. Circular A-133 available on the OMB Home Page at http://www.omb.gov and then select "Grants Management"followed by"Circulars". APPLICANTS required to have an audit must ensure the audit is performed in accordance with Generally Accepted Auditing Standards (GAAS); Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement. All APPLICANTS have the responsibility to obtain an audit to meet the requirements in Circular No. A- 133. State and local governments must notify the State Auditor's Office to request an audit. Private non-profit APPLICANTS must contract with a CPA firm to perform the audit. Costs of the audit may be an allowable grant expenditure. The APPLICANT shall maintain records and accounts so as to facilitate the audit requirement and shall ensure that any subrecipients also maintain auditable records. The APPLICANT is responsible for any audit exceptions incurred by its own organization or that of its subrecipients_ Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The APPLICANT must respond to Department requests for information or corrective action concerning audit issues within 30 days of the date of request. The Department reserves the right to recover from the APPLICANT all disallowed costs resulting from the audit. Once the single audit has been completed, the APPLICANT must send a full copy of the audit to the Department and a letter stating there were no findings or if there were findings, the letter should provide Nifty. a list of the findings. The APPLICANT must send the audit and the letter no later than nine (9) months after the end of the APPLICANT'S fiscal year(s) to: Accounting Manager Washington Military Department Finance Division, Building #1 TA-20 Camp Murray, WA 98430-5032 In addition to sending a copy of the audit, the APPLICANT must include a corrective action plan for any audit findings and a copy of the management letter if one was received. The APPLICANT shall include the above audit requirements in any subcontracts. B.22 PREVAILING WAGES ON PUBLIC WORKS. CHAPTER 39.12 RCW The APPLICANT shall comply with the provisions of Chapter 39.12 RCW, Prevailing Wages on Public Works. This statute mandates that the prevailing rate of wage, as determined by the state Department of Labor and Industries,be paid to workers performing under public works contracts. B.23 RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICY, CHAPTER 8.26 RCW The APPLICANT shall comply with the provisions of Chapter 8.26 RCW and Chapter 365-24 WAC when its activities involve any acquisition of real property assisted under this Grant Agreement or the displacement of any family, individual, business, nonprofit organization or farm that results from such acquisition. B.24 NOISE CONTROL, CHAPTER 70.107 RCW The APPLICANT shall assure compliance with the state Noise Control Act. Objectives of the Act are to assist local governments in implementing local noise ordinances and to control and reduce excessive Nor noise in Washington. Mitigation Grant Agreement Page 17 of 19 City of Renton Pre-Disaster Mitigation E09-022 Adommilommumigimmimmisimmoller B.25 STATE ENVIRONMENTAL POLICY ACT (SEPA), CHAPTER 43.21 (C) RCW The APPLICANT shall comply with the provisions of Chapter 43.21(C) RCW and Chapter 197-11 WAC, the guidelines by which local agencies will (1) require environmental checklists from private and pubs' entities considering an action potentially subject to the Environmental Impact Statement (EIS requirement of SEPA, (2) make "threshold determinations" that such an action will not have a significant environmental impact, (3) provide for the preparation of a draft and final EIS if the action has significant impact, and (4) circulate the EIS to other agencies and interested parties. B.26 SHORELINE MANAGEMENT ACT OF 1971, CHAPTER 90.58 RCW The APPLICANT shall comply with the provisions of Chapter 90.58 RCW. This Act defines a planning program and a permit system, which are initiated at the local government level under state guidance. Its purpose is to protect and enhance the state's shoreline and it includes a comprehensive shoreline inventory process and a master program for regulation of shoreline uses. A permit application at the local level must be in compliance with those plans and consistent with the state Coastal Zone Management program if substantial developments and shoreline modifications occur, and a record of the application and decision must be submitted to the state. B.27 STATE BUILDING CODE, CHAPTER 19.27 RCW, ENERGY RELATED BUILDING STANDARDS, CHAPTER 19.27A RCW; AND PROVISIONS IN BUILDINGS FOR AGED AND HANDICAPPED PERSONS, CHAPTER 70.92 RCW The APPLICANT shall comply with the provisions of Chapter 19.27 RCW, Chapter 19.27A RCW, Chapter 70.92 RCW and regulations for barrier free facilities adopted by the Washington State Building Code Council pursuant to these statutes. The State Building Code Act provides for a uniform state building code and mandates counties, cities and towns to administer and enforce its provisions. Local governments are authorized to modify the state building code to fit local conditions as long as such modifications do not result in a code that is less than the minimum performance standards and objectives contained in the state code. B.28 OPEN PUBLIC MEETINGS ACT, CHAPTER 42.30 RCW The APPLICANT shall comply with provisions of Chapter 42.30 RCW which require that all meetings Nud the governing body which pertain to this Grant Agreement shall be open to the public except those where specific provision is made for executive sessions pursuant to RCW 42.30.110. B.29 LAW AGAINST DISCRIMINATION, CHAPTER 49.60 RCW The APPLICANT shall comply with the provisions of Chapter 49.60 RCW in all activities relating to this Grant Agreement. B.30 INTERLOCAL COOPERATION ACT, CHAPTER 39.34 RCW The Interlocal Cooperation Act establishes as state policy the authority for local governments, including special purpose districts and Indian tribes, to enter into agreements for providing a broad spectrum of cooperative services. Local governments undertaking joint community development projects may use this Act as a means for establishing interlocal agreements. B.31 GOVERNOR'S EXECUTIVE ORDER 89-10, DECEMBER 11, 1989: PROTECTION OF WETLANDS, AND GOVERNOR'S EXECUTIVE ORDER 90-04, APRIL 21, 1990: PROTECTION OF WETLANDS The APPLICANT shall ensure that it avoids any activities that would adversely affect wetlands and adequately mitigates unavoidable impacts. For the purposes of this requirement, except where a contrary definition is provided by statute, mitigation means: (1) avoiding the impact altogether by not taking certain action or part of an action; (2) minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts; (3) rectifying the impact by repairing, rehabilitating, or restoring the affected environment; (4) reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; (5) compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and (6) monitoring the impact and taking appropriate corrective measures. Mitigation for individual actions may include a combination of the above measures. Mitigation may include any of the above measures to the extent that these may be contrary to statute as applied under the particular circumstances. Emergency work that is essential to save lives and protect property and public health is exempt from these provisions. end Mitigation Grant Agreement Page 18 of 19 City of Renton PrP-nisaster Mitiaation E09-022 i .. CITY OF RENTON COUNCIL AGENDA BILL AI##: o i Submitting Data: For Agenda of: Dept/Div/Board.. Community Services/Parks Division September 8, 2008 Staff Contact Todd Black, ext. 6571 Agenda Status Consent X Subject: Public Hearing... Retention Pay Application Correspondence.. New Park - 233 Union Ave. NE (Heritage Park) Ordinance Ohno Construction Resolution File No. CAG-06-044 Old Business Exhibits: New Business Retention Pay Application Study Sessions Notice of Completion of Public Works Contract Information Recommended Action: Approvals: Council Concur Legal Dept Finance Dept Other Fiscal Impact: Expenditure Required... $ 53,825.84 Transfer/Amendment Amount Budgeted $1,432,000.00 Revenue Generated Total Project Budget $1,615,295.86 City Share Total Project Summary of Action: The Community Services Department submits CAG-06-044, Heritage Park, for release of retainage. The project started on June 12, 2006, and was completed on May 16, 2008. The contractor, Ohno Construction, fulfilled the terms of their contract by constructing Heritage Park. STAFF RECOMMENDATION: Approve the project, commence the 60 day lien period, release the retained amount of $53,825.84 to Ohno Construction, contractor, once all required releases are obtained. Affidavit of Wages Paid Page 1 of 2 ratttr Prevailing Wage Section Department of Labor& LABOR • N I) Affidavit of Wages Paid Industries �rrr INDUSTRIES \1/4z214**' PO Box 44540 Olympia,WA 98504-4540 • Received: Affidavit Id: L Print Form Neve Search 05/16/2008 175197 A p:r ov r�....,.��r.... ANpruved un U� tf/" . COMPANY Company OHNO CONSTRUCTION COMPANY Information: OHNOCC*254BS 600 130 460 License History 9416 ML KING JR WAY SO Search for Industrial SEATTLE, WA 98118 Insurance Premium Status(206)325-1529 Payment Type: Electronic Company Electronic Signature: PROJECT Public Agency: RENTON, CITY OF 1055 S GRADY WAY RENTON, WA 98055 County: KING Multiple Counties?No City: RENTON Project Name: NEW PARK fir+ Contract Number: CAG-06-044 Date Intent Filed: 05/05/2006 Bid Due Date: 04/05/2006 Award Date: 05/04/2006 Date Work 02/28/2008 Completed: Prime Contractor: OHNO CONSTRUCTION COMPANY OHNOCC*254BS (206)325-1529 Did Your Company Hire Subcontractors To Perform All Work? No Did Your Company Hire Any Subcontractors? Yes $Amount: $995,000.00 Number of 0 Owners: Filed by: Yoshio Ohno EMPLOYEES' WAGES Journey Level Trades/Occupations County Trade Occupation Wage Fringe Wor Hou KING LANDSCAPE CONSTRUCTION LANDSCAPING OR PLANTING $8.42 $0.00 16 1295 LABORERS KING FENCE ERECTORS FENCE ERECTOR $18.71 $0.00 3 71 Mtn c•//fnrtraeeur ancr/It,;/,,,,r;7,,,,1,/Afga�.,;4D,:«s ..�rr�—�^C1(V7 . ,.ies Affidavit of Wages Paid Page 2 of 2 KING FLAGGERS JOURNEY LEVEL $28.78 $0.00 2 28 KING LABORERS GENERAL LABORER $33.46 $0.00 14 1317 KING LABORERS GUARDRAIL ERECTOR $33.46 $0.00 3 109 KING LANDSCAPE CONSTRUCTION IRRIGATION OR LAWN $11.07 $0.00 5 388.E SPRINKLER INSTALLERS LANDSCAPE EQUIPMENT KING LANDSCAPE CONSTRUCTION OPERATORS OR TRUCK $10.63 $0.00 5 118 DRIVERS KING POWER EQUIPMENT BACKHOE, EXCAVATOR, $41.12 $0.00 5 675.E OPERATORS SHOVEL(3 YD&UNDER) KING POWER EQUIPMENT BACKHOES, (75 HP & UNDER) $40.71 $0.00 7 1045 OPERATORS KING POWER EQUIPMENT BOBCAT(SKID STEER) $38.42 $0.00 1 30.5 OPERATORS KING POWER EQUIPMENT DOZERS, D-9 & UNDER • $40.71 $0.00 2 21 OPERATORS KING POWER EQUIPMENT LOADERS, OVERHEAD(UNDER 6 $41.12 $0.00 1 5 OPERATORS YD), PLANT FEED KING TRUCK DRIVERS DUMP TRUCK $37.94 $0.00 1 88 KING TRUCK DRIVERS DUMP TRUCK&TRAILER $38.52 $0.00 1 2 Apprentice Trades/Occupations _..��_.//r.,a_...... ..... ......./1«:/.......,..,,1./A fg Anwi4Arin+ aen9TT1=1lc147 6/10/2008 • tirnaavit or w ages rasa Page 1 of 2 Flc,attn,,:rt„t Prevailing Wage Section I ORI3 Department of Labor& Affidavit of Wages Paid Industries I!1)U1'RIES PO Box 44540 `Avr.r Olympia,WA 98504-4540 Received: Affidavit Id: Ent,.,Ftm J: e4V.5eaf 05/16/2008 175197 _� - 1° 2 ..�._�._.___._.. �{�prvveU un Obi 1(5/211-8UG� COMPANY Company OHNO CONSTRUCTION COMPANY Information: OHNOCC*254BS 600 130 460 License History 9416 ML KING JR WAY SO Search for Industrial SEATTLE, WA 98118 Insurance Premium Status(206)325-1529 Payment Type: Electronic Company Electronic Signature: PROJECT Public Agency: RENTON, CITY OF 1055 S GRADY WAY RENTON, WA 98055 County: KING Multiple Counties?No City: RENTON Project Name: NEW PARK Contract Number: CAG-06-044 Date Intent Filed: 05/05/2006 Now Bid Due Date: 04/05/2006 Award Date: 05/04/2006 Date Work 02/28/2008 Completed: Prime Contractor: OHNO CONSTRUCTION COMPANY OHNOCC*254BS (206)325-1529 Did Your Company Hire Subcontractors To Perform All Work? No Did Your Company Hire Any Subcontractors? Yes $Amount: $995,000.00 Number of 0 Owners: Filed by: Yoshio Ohno EMPLOYEES' WAGES Journey Level Trades/Occupations County Trade Occupation Wage Fringe Wor Hou KING LANDSCAPE CONSTRUCTION LANDSCAPING OR PLANTING $8.42 $0.00 16 1295 LABORERS %re KING FENCE ERECTORS FENCE ERECTOR $18.71 $0.00 3 71 https://fortress.wa.gov/lni/pwiapub/AffidavitPrint.asp?ID=175197 6/10/2008 tirnaavit or w ages rasa rage z or 2, • KING FLAGGERS JOURNEY LEVEL $28.78 $0.00 2 28 KING LABORERS GENERAL LABORER $33.46 $0.00 14 1317 KING LABORERS GUARDRAIL ERECTOR $33.46 $0.00 3 109 KING LANDSCAPE CONSTRUCTION IRRIGATION OR LAWN $11.07 $0.00 5 388.E SPRINKLER INSTALLERS LANDSCAPE EQUIPMENT KING LANDSCAPE CONSTRUCTION OPERATORS OR TRUCK $10.63 $0.00 5 118 DRIVERS KING POWER EQUIPMENT BACKHOE, EXCAVATOR, $41.12 $0.00 5 675.E OPERATORS SHOVEL(3 YD &UNDER) KING POWER EQUIPMENT BACKHOES, (75 HP&UNDER) $40.71 $0.00 7 1045 OPERATORS KING POWER EQUIPMENT BOBCAT(SKID STEER) $38.42 $0.00 1 30.5 OPERATORS KING POWER EQUIPMENT DOZERS, D-9 &UNDER $40.71 $0.00 2 21 OPERATORS KING POWER EQUIPMENT LOADERS, OVERHEAD(UNDER 6 $41.12 $0.00 1 5 OPERATORS YD), PLANT FEED KING TRUCK DRIVERS DUMP TRUCK $37.94 $0.00 1 88 KING TRUCK DRIVERS DUMP TRUCK&TRAILER $38.52 $0.00 1 2 Apprentice Trades/Occupations https://fortress.wa.gov/lni/pwiapub/AffidavitPrint.asp?ID=175197 6/10/2008 ( ( ( „ APPLICATION AND CERTIFICATE FOR PAYMENT City of Renton TO OWNER; PROJECT: APPLICATION NO.: Retention 6122108 Distribution to: City of Renton New Park 233 Union Ave. " OWNER 200 Mill Avenue South NL and NE 3rd Court PERIOD'10: March 7th,2008 —"' ARCHITECT Renton,WA 98055 — CONTRACTOR PRUJEC I'NO.: 491a— FROM CON'1'RAC:IUR: VIA ARCHITECT: Ohno Construction Company J.A.Brennan At Associates 9416.MLK Jr.Way South 100 S.King Street,Ste 200 Seattle,WA 98118 Seattle,WA 981W CONTRACTOR'S APPLICATION FOR PAYMENT CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Application is made for payment,as shown below,in connection with the Contract. Change Orders approved in Continuation Sheet is attached. previous months by owner $162,003.36 $0.00 1. ORIGINAL CONTRACT SUM $914,513.00 (.'.t):s up rv‘wd this month — -N ti Date,lppm owed 2. Net change by Change Orders $162,003.36 50.00 $0.00 . 3. CONTRACT SUM TO DATE $1,076,516.36 (Line 1+or-Line 2) TOTALS $162,003.36 $0.00 4. TOTAL COMPLETED&STORED TO DATE $1,076.516..10 Net changes by Change Orders $162,003.36 5. RETAINAGE AT 5% $53,825.82 The undersigned Contractor certifies that to the best of the Contractor's knowledge,infor- (Based on line 4) oration and belief the Work covered by this Application for Payment has been completed 6. TOTAL EARNED LESS RETAINAGE $1,022,690.54 in accordance with the Contract Documents,that all amounts have been paid by the (Line 4 less Line 5) Contractor for Work for which previous Certificates for Payment were issued and payment 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT $1,022,690.54 received from the Owner,and that current payment shown herein is now due. (Line 6 from prior Certificate) 8. SUBTOTAL $0.00 * CONTRACTOR. �r� (Line 6 less Line 7) By: Date: /- 3' 9. Washington State Sales Tax at 8.8 $0.00 (Based on line 4 less prior certificate's line 4) State of: Washington, County of: King t,�ttiii,,.s,,'.. 10. CURRENT PAYMENT DUE $53,825.82 Subscribed and sworn to be€ore me til t4E J !y (Line 8 plus Line 9) this_t ' day of � j tC ,, stop �`y?� II, BALANCE TO FINISH,INCLUDING RETAINAGE $0.00 Notary Publi . ~�,_ (Line 3 less Line 6) My Commission expires}'31w m;p ARCHITECT'S CERTIFICATE FOR PAYMENT AMOUNT CERTIFIED .� '�P 13 4 »•0''���` (Attach explanationtfamounroertjleddl(1ersfromamount applied forJ %��•..,.,.•• rk'� t{1 In accordance with the Contract Documents,based on on-site observations and the ARCHITECT: f��WASN1�li'll data comprising the above application,the Architect certifies to the Owner that to By: Date: ."I rlfil' the best of the Architect's knowledge,information and belief the Work has progressed as indicated,the quality of the Work is in accordance with the Contract This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only Documents,and the Contractor is entitled to payment of the AMOUNT CERTIFIED. to the Contractor named herein. Issuance,payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. 44. State of Washington Reg.No.: 4 Department of Revenue xAudit Procedures&Administration Date: oy,p PO Box 47474 NINO 1689 Olympia,Washington 98504-7474 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: DEPARTMENT USE ONLY City of Renton/Finance Assigned To Tracy Schuld 1055 South Grady Way Date Assigned Renton,WA 98057 Notice is hereby given relative to the completion of contract or project described below. Description of Contract New Park—233 Union Avenue NE(CAG-06-044) (Heritage Park) Contractor's Name Ohno Construction Telephone No.206-325-1529 Contractor's Address 9416 Martin Luther King,Jr.Way South,Seattle,WA 98118 Date Work Commenced Date Work Completed Date Work Accepted June 12,2006 May 16,2008 May 16,2008 Surety or Bonding Co. Travelers Casualty and Surety Agent's Address HUB International P.O.Box 3018 Bothell,WA 98041 Contract Amount: $ 914,513.00 Amount Disbursed: $ 1,117,489.66 Additions or Reductions: $ 162,003.39 Amount Retained: $ 53,825.84 Sales Tax: $ 94,799.11 Total: $ 1,171,315.50 Total $ 1,171,315.50 By Tracy Schuld,Disbursing Officer Phone No: 425-430-6918 The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue,Olympia,Washington 98504- 7474,immediately after acceptance of the work done under this contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until receipt of Department's certificate,and then only in accordance with said certificate. NOS FORM REV 31 0020(12-92) DC:CTY31 0020 11/99 bh CITY OF RENTON COUNCIL AGENDA BILL AIN: A / s itiso Submitting Data: Public Works For Agenda of: Dept/Div/Board.. Administration September 8, 2008 Staff Contact Gregg Zimmerman (x-7311) Agenda Status Consent X Subject: Public Hearing.. Reorganization of the Public Works Maintenance Correspondence.. Services Division Surface Water Maintenance Section Ordinance X to Improve Performance and Reduce Costs by Resolution Reclassifying Two Positions. Old Business Exhibits: New Business Ordinance Study Sessions Information Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept Other Fiscal Impact: (Fund 407,Dept.019) Expenditure Required... N/A Transfer/Amendment <$1,389> 111001 1,389> w' Amount Budgeted $1,804,536 Revenue Generated Total Project Budget $1,803,147 City Share Total Project.. SUMMARY OF ACTION: The Wastewater/Surface Water Maintenance Section has been expanded to 20 FTE positions in order to serve the increased size of the surface water service area due to annexations and to bring our maintenance performance standards into alignment with the newly adopted surface water NPDES permit. This section requires adding a second Lead Maintenance Services Worker in order to adequately provide these services. This proposed reorganization would accomplish this need by reclassifying a vacant Maintenance Services Worker III position to a Maintenance Services Worker I position, and reclassifying a Maintenance Services Worker III position to a Lead Maintenance Services Worker position. This proposed reorganization, effective, October 1, 2008, would reduce the budget expenditure for 2008 by $1,389. STAFF RECOMMENDATION: Adopt an ordinance amending the 2008 budget for Fund 407, Dept. 019, Surface Water Operations, Public Works Maintenance Services Division, in the amount <$1,389> and authorizing a reorganization that would reclassify a vacant Maintenance Services Worker III position to a Maintenance Services Worker I position, and reclassify a Maintenance Services Worker III position to a Lead Maintenance Services Worker position within this Section effective October 1, 2008. Cc: Iwen Wang Mike Stenhouse Rich Marshall Rentonnet/agnbill/ bh TDra-Pf CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE 2008 BUDGET BY RECLASSIFYING ONE MAINTENANCE SERVICES WORKER III POSITION TO A MAINTENANCE SERVICES WORKER I POSITION, AND RECLASSIFYING ONE MAINTENANCE SERVICES WORKER III POSITION TO A LEAD MAINTENANCE SERVICES WORKER POSITION IN THE MAINTENANCE SERVICES DIVISION SURFACE WATER OPERATIONS BUDGET. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION 1. Expenditure in Fund 407, Dept. 019, Surface Water Operations, PW Maintenance Systems, is hereby adjusted as follows: Fund 2008 Budget Budget Adjustment 2008 Adjusted Budget 407 $1,804,536 <$1,389> $1,803,147 Source of funds: Reduced expenditure due to reclassification of two positions. SECTION 2. A Maintenance Services Worker III position (grade a12, Step B) is hereby reclassified to a Maintenance Services Worker I position (grade a04, Step B) and a Maintenance Services Worker III position (grade 12, Step E) is hereby reclassified to a Lead Maintenance Services Worker position (grade al6, Step D) in the Maintenance Services Division Surface Water Operations budget effective October 1, 2008. The 2008 Budget Public Works Department Surface Water Maintenance Services position listing shall be adjusted to delete two Maintenance Services Worker III positions, and to add one Maintenance Services Worker I and one Lead Maintenance Services Worker positions. SECTION 3. These adjustments will result in a budget reduction of$1,389.00. This funding shall remain as fund balance in the Maintenance Services Division Surface Water Operations budget. ORDNANCE NO. 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 to as to form: Lawrence J. Warren, City Attorney Date of Publication: a CITY OF RENTON COUNCIL AGENDA BILL AI#: Submitting Data: For Agenda of: September 8,2008 Dept/Div/Board.. PW/Technical Services Staff Contact Karen McFarland, ext. 7209 Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Convert a Portion of a Newly Acquired Detention Ordinance Facility Tract to Right-of-Way for Altmyer Plat Resolution Old Business Exhibits: New Business Issue Paper Study Sessions King County Custodial Transfer Agreement Information King County Memorandum of Understanding Draft Memorandum of Understanding Draft Deed of Dedication Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept Other kilr+ Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated $9,821.00 Total Project Budget City Share Total Project.. SUMMARY OF ACTION: At the time of the recent Benson Hill annexation,King County was processing the Altmyer Plat and had agreed to convert a strip along the southern portion of the drainage facility parcel, in the vicinity of 112th Avenue SE and SE 184th Place(PID#322305-9313), for use as road right-of-way. The subject parcel is now City property and our Surface Water Utility has agreed that this strip can still be used as right-of-way. The City Attorney has provided direction and staff is requesting Council to approve the conversion of this property to right-of-way and authorize the Mayor and City Clerk to execute the necessary documents. STAFF RECOMMENDATION: Allow the strip of property along the southern portion of the drainage facility parcel, in the vicinity of 112th Avenue SE and SE 184th Place (PID#322305-9313),to be converted to road right-of-way and authorize the Mayor and City Clerk to execute 1.) a Memorandum of Understanding between the City and the developer regarding compensation, in the amount of $9,821.00, to the Surface Water Utility for the strip of property being converted and 2.) a Deed of komool Dedication to convert the strip of property to right-of-way. H:\File Sys\PRM-Property Services Administration\K McF\Current Projects\Staff Requests\Intradepartmental\Storm\rstraka\storm0808ab.doc\KLMtp f S DEPARTMENT � � PUBLIC WORK � re MEMORANDUM DATE: August 18, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: Gregg Zimmerm kdministrator STAFF CONTACT: Karen McFarland, Technical Services Specialist (ext. 7209) SUBJECT: Convert a Portion of a Newly Acquired Detention Facility Tract to Right-of-Way for the Altmyer Plat ISSUE: At the time of the recent Benson Hill annexation, King County was processing the Altmyer Plat and had agreed to convert a strip along the southern portion of the drainage facility parcel, in the vicinity of 112th Avenue SE and SE 184th Place (PID #322305- ,,, 9313), for use as road right-of-way. The subject parcel is now City property and our Surface Water Utility has agreed that this strip can still be used as right-of-way. Does Council wish to allow this strip of property to be converted to road right-of-way and accept compensation in the amount of$9,821.00? RECOMMENDATION: Allow the strip of property along the southern portion of the drainage facility parcel, in the vicinity of 112th Avenue SE and SE 184th Place (PID#322305-9313),to be converted to road right-of-way and authorize the Mayor and City Clerk to execute 1.) a Memorandum of Understanding between the City and the developer regarding compensation, in the amount of$9,821.00, to the Surface Water Utility for the strip of property being converted and 2.) a Deed of Dedication to convert the strip of property to right-of-way. BACKGROUND SUMMARY: Through the recent Benson Hill annexation, the City acquired a King County stormwater detention facility in the vicinity of 112th Avenue SE and SE 184th P1 (PID#322305- 9313). At the time of annexation, King County was processing the Altmyer Plat and had agreed to convert a strip along the southern portion of the drainage facility parcel for use as road right-of-way. Since the subject parcel is now City property and our Surface 6hrof CouncilROW Storm August 18,2008 Page 2 of 2 rnoriO Water Utilityhas agreed that this strip can still be used as right-of-way, Council approval ' is required to convert this strip to right-of-way. come to The King County departments which were involved Transferan agreement with the developer and had drawn up the attached Custodial Agreement and the Memorandum of Understanding $9,821.00,to King Count e developer regarding compensation, in the amount Department of Natural Resources (DNR) for the strip ofpropertyDNR was losing. The developer will now pay this amount to the City of Staff has received direction from the City Attorney to simply amend the of-ofusing the City'sagreement ndard Deed with the developer and to transfer the property to right Y of Dedication. CONCLUSION: At the time of the recent Benson Hill annexation, ng southern portion of thunty was processing e drainage e Altmyer Plat, and had agreed to convert a stripalong g the facility parcel, for use as road right-of-way. The subject parcel e used as right . The and our Surface Water Utility has agreed that this strip jestill City Attorney has provided direction and staff is requesting Council and authorize the Mayor tand City Clerk to o approve the conversion of this property to right-of-way execute the necessary documents. cc: Lys Hornsby,Utility Systems Director Dave Christensen,Wastewater and Technical Services Supervisor Ron Straka,Surface Water Supervisor File H:\File Sys\PRM-Property Services Administration\K McF\Current Projects\Staff Requests\Intradepartmental\Storm\rstraka\storm0 80 8 ip.doc\KLMtp vary AFTER RECORDING RETURN TO: King County Real Estate Services 500 King County Administration Building 500 Fourth Avenue Seattle, Washington 98104 CUSTODIAL TRANSFER AGREEMENT GRANTOR -KING COUNTY, WASHINGTON GRANTEE—KING COUNTY, WASHINGTON LEGAL -- PTN SE1/4 SEC32 T23N R5E TAX NO. — A Portion of 322305-9313 1. King County Department of Natural Resources, Water and Land Resources (WLRD), has custodianship of real property known as King County water detention facility, located at the northwest corner of 112th Ave. SE and SE 184th Place, King County. 2. MJF Holdings, Inc., a private developer, is creating a preliminary plat for 21 lots on `fir.' SE 184th Place and needs to widen SE 184th Place, currently 30 feet wide, by an additional 8 feet to bring the width up to Department of Development and Environmental Services requirements and KC Code. 3. MJF Holdings, Inc. requested that WLRD transfer 8 feet of the southern boundary plus a 25 foot radius, to King County Roads, to allowing continued processing of the preliminary plat. 4. WLRD has agreed to surplus and grant the subject property for road improvement only, the legal description for which has been provided by MJF Holdings, Inc. and is included below. 5. It is the intent and agreement of the respective county departments herein that the custodial rights and responsibilities of the subject property will be transferred from WLRD to Roads, and that neither WLRD nor Roads will be responsible for any fees associated with this inner-departmental transfer. Any fees regarding this transfer, other than those associated with DDES' permitting the Plat's right-of-way improvements, have been paid in full by MJF Holdings, Inc., receipt for which payment is attached here as Exhibit B. 6. The portion being conveyed herein is a part of the larger tax parcel 322305-9313 (King County Detention Facility). Citing King County Code 19A.08.040 C, Public Agency Exemption, "Approval of Legal Lot Status", in order for WLRD to convey the subject property to Roads, a boundary line adjustment would not be required because land may be dedicated to a public agency without the boundary line adjustment process. NOW THEREFORE, In consideration of the sum of Nine Thousand Eight Hundred Twenty One Dollars ($9,821.00) to be paid by MJF Holdings, Inc. to WLRD as acquisition compensation for the subject property, the custodial rights and responsibilities are hereby conveyed by WLRD to Roads for the following described property beginning at the southeast quarter of Section 32, Township 23N, Range 5E, designated as tax parcel number 322305- 9313, legally described in the attached Exhibit. KING COUNTY DEPARTMENT OF NATURAL RESOURCES AND PARKS WATER AND LAND RESOURCES DIVISION BY Mark Isaacson TITLE Director DATE Niad KING COUNTY REAL ESTATE SERVICES SECTION On behalf of the Department of Transportation Roads Services Division BY Wayne Richardson, Section Manager DATE �.r STATE OF WASHINGTON ) COUNTY OF KING ) SS On this , 2007, before me personally appeared me known to be the Section Manager of King County Real Estate Services, thatsonhe' to executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument. Given under my hand and official seal the day and year last above written. Print Name NOTARY PUBLIC in and for the State of Washington, Residing at: Seattle, Washington My appointment expires: STATE OF WASHINGTON ) COUNTY OF KING ) SS On this day of personally appeared 2007, before me , to me known to be the of the corporation that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that is authorized to execute said instrument. - Given under my hand and official seal the day and year last above written. Print Name NOTARY PUBLIC in and for the State of Washington, Residing at: My appointment expires: KING COUTY DETENTION FACILITY ALTMYER 21 LOT PROJECT `4011119 MEMORANDUM OF UNDERSTANDING PARTIES: King County Department of Natural Resource and Parks, Water and Land Resources Division("WLRD") MJF Holdings, Inc. ("MJF)", its successors and assigns. PROJECT: Eight foot access easement and radius, to Right of Way Transfer King County's Department of Development and Environmental Services (DDES)will be giving preliminary plat a proval to MJF for 21 lot development of its new Altmyer Plat, access at SE 184th Place and the 112 Ave. SE intersection in unincorporated King County, Washington. One of DDES' Plat requirements is that MJF improve a portion of SE 184th Place by widening the existing 30 foot wide SE 184thPlace to 38 feet,to comply with Kanrgel#322305931ounty road 3,1foar168 12 linears. The 8 foot strip to be transferred is along the southern boundary p feet, including a radius at 112th Ave. SE. be WLRD has agreed to transfer 8 foot strip and radius.Roads and uphis area on n that transfer will be available as right-of-way sferred from the custodianship of WLRD to King County p specifically to allow MJF's preliminary plat, as described below. Transfer of the property involves the following: a. MJF has provided a legal description for the property on which the parties shall rely. It is attached hereto as Exhibit A. b. WLRD will transfer the property to the Roads Division of King County's Department of Transportation(Roads), specifically for MJF's improvement of the Right of Way,through a Custodial Transfer Agreement between WLRD and Roads. Such transfer shall occur upon MJF's notification to WLRD that it has received final permits for the Altmyer preliminary plat. MJF agrees that DDES and Roads will guide development of the Right of Way according to the King County Code. c. MJF agrees to pay WLRD compensation for the additional land which will allow MJF to develop the property with the required road right of way width. d. King County reviewed the assessed value of propertyt be and for a total of Six Dollars and Sixty Nine Cents($6.69)per square foot for the $1 468 value of Nine Thousand Eight Hundred Twenty One Dollars($9,821.00)for the property was established. A bill for payment of this compensation will be provided to MJF. Payment is due upon receipt. e. MJF understands that fees associated with any and all permitting and construction costs as determined by DDES shall be itemized and billed separately. DATED this day of 2007. KING COUNTY MJF HOLDINGS, INC By: WAYNE RICHARDSON, By. REAL ESTATE SERVICES SECTION Its: REAL ESTATE SERVICES MANAGER Its: Date: Date: Attachments: Exhibit A Legal Description of Property Transfer EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY STATE OF WASHINGTON ) COUNTY OF KING )SS I certify that Department of Executive Services of King CountyhWashington signed this ins trumenof the stated that he was authorized by the King County Executive to execute the instrument,and oath acknowledged it to be the free and voluntary act of said County for the uses and purposes mentioned in the instrument. Dated this day of 2007. NOTARY PUBLIC in and for the State of Washington, residing at: My appointment expires: STATE OF WASHINGTON ) `ape )ss COUNTY OF KING ) On this day of 2007 before me personally appeared and to me known to be the nd of the corporation that executed the foregoing instrument, and acknowledged said instrument the free and voluntary act and deed of said corporation for the uses and thereinbe mentioned, and on oath stated that authorized to execute saidinstrumentand that the seal affixed is the corporate seal of said corporation. GIVEN under my hand and official seal the day and year last above written. NOTARY PUBLIC in and for the State of Washington,residing at: My appointment expires: fir✓ CITY OF RENTON DETENTION FACILITY ALTMYER 21 LOT PROJECT DRAFT MEMORANDUM OF UNDERSTANDING PARTIES: City of Renton("CITY") MJF Holdings, Inc. ("MJF"), its successors and assigns. PROJECT: Eight-foot access easement and radius to Right-of-way Transfer King County's Department of Development and Environmental Services(DDES)will be giving preliminary plat a proval to MJF for 21-lot development of its new Altmyer Plat, access at SE 184th Place and the 112 Ave. SE intersection in unincorporated King County,Washington. g One of DDES' Plat requirements is that MJF improveoportion ply ithh King County road standardsn The 8-foot the existing 30-foot wide SE 184�� to Place to 38 feet, of CITY parcel#322305-9313,for 168.12 linear strip to be transferred is along the southern boundary feet, including a radius at 112th Ave. SE. The CITY has agreed to transfer 8-foot strip and tradus. This area wwbetransferred from the and upon that transfer will be custodianship of the CITY's Surface Water Utility to CITY right of- ay available as right-of-way specifically to allow MJF's preliminary plat, as described below. Transfer of the property involves the following: a. MJF has provided a legal description for the property on which the parties shall rely. It is attached hereto as Exhibit A. b. The CITY's Surface Water Utility will transfer the property to CITY right-of-way, specifically for MJF's improvement of the Right-of-way,through a Deed of Dedication instrument. Such transfer shall occur upon MJF's notification to the CITY that it has received final permits for the Altmyer preliminary plat. MJF agrees that DDES and the Roads Division of King County's Department of Transportation(Roads)will guide development of the Right- of-way according to the King County Code. c. MJF agrees to pay the CITY's Surface Water Utility compensation for the additional land which will allow MJF to develop the property with the required road right-of-way width. d. King County reviewed the assessed value of surrounding property 1,68 sssfed vabelue afvalueserred of Six Dollars and Sixty-Nine Cents($6.69)per square a total value of Nine Thousand Eight Hundred Twenty One Dollars ($9,821.00)for the property was established. A bill for payment of this compensation will be provided to MJF. Payment is due upon receipt. e. MJF understands that fees associated with any and all permitting and construction costs as determined by the CITY shall be itemized and billed separately. DATED this day of , 20 CITY OF RENTON MJF HOLDINGS, INC By: DENTS LAIR By' Its: Date: Date: By: BONNIE I. WALTON, CITY CLERK By: Its: Date: Date: Attachments: Exhibit A Legal Description of Property Transfer STATE OF WASHINGTON ) )SS COUNTY OF KING ) and On this day,before me personally appeared and to me known to be of the municipal corporation that executed the within instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said municipal corporation. , Dated this day of 20 NOTARY PUBLIC in and for the State of Washington, residing at: My appointment expires: STATE OF WASHINGTON ) )ss COUNTY OF KING ) On this day of , 20 before me personally appeared and to me known to be the and of the corporation that executed the foregoing instrument, and acknowledged said instrumentthere n the free and voluntary act and deed of said corporation authorizedfor tohexecute saidpurposes instrument, and mentioned, and on oath stated that that the seal affixed is the corporate seal of said corporation. GIVEN under my hand and official seal the day and year last above written. NOTARY PUBLIC in and for the State of Washington,residing at: My appointment expires: LEGAL DESCRIPTION RIGHT-OF-WAY DEDICATION That portion of the East 168 feet of Lot 1 of King County Short Plat SP 474040, re Recording No. 7705110932, records of King County,Washington, more particularly ounder follows: y described as BEGINNING at the Southeast corner of said Lot 1; THENCE South 89°38'11"West, 168.12 feet along the South line of said Lot 1 the said East 168 feet; to the West line of THENCE North 01°49'05"East, 8.01 feet along said West line to a point which is parallel with and 8.00 feet North of the South line of said Lot 1; THENCE North 89°38'11"East, 144.05 feet along said parallel line to a point of tangency; THENCE Northeasterly along the arc of a curve to the left, having a radius of 25.00 feet, through a central angle,of 87°49'06", and an arc length of 38.32 feet to the East line of said Lot 1; THENCE South 01°49'05"West, 32.07 feet along said East line to the POINT OF BEGINNING. 11151• S.� 1 �'' ofw � , ` ' t'I r- 141:4Z.LAW EXPIRES: ,y/5,-A3 • Project Name: Altmyer September 25,2007 BDG/jss Page 1 of 1 127871.001.doc Niirof FOUND LEAD & TACK N IN STEEL CASE 0.33' NORTH OF SEC LINE (FEB 2007) ---)T---- — — — — — _ _ _ _ _ — — ..._.— i 1 x p 15 30 1 1 I 1 SCALE IN FEET N: ' k tic LOT 1 x zlx SP 474040 I/ AFN 7705110932 KING COUNTY DETENTION FACILITY R.O.W.TO BE ACQUIRED FROM 15'INGRESS,EGRESS AND KING COUNTY REAL UTILITIES EASEMENT PROPERTY(1,468 SF) o AFN 20061213001240 I , px /X��/•►�!/,a//S — -- Ill "AA I d I I Aki-P.- 1 589'38'11"4V 168.12' b �,_' co w SE 184TH PL. N s ICZ -'" N 3 3748" 24.00 x= . 15'INGRESS,EGRESSN ' AND UTILITIES EASEMENT ��}----- AFN 7805190084 / .r.' AFN 20061213001238 EXISTING �ONC d '- BUILDING r* I ALTMYER sv`8"A"°""' 121 LOT PRELIMINARY PLAT e„. 9r:wo �„�a,77 ow4wH PREPARED FOR MJF HOLDINGS.215 E.MEEKER KENT,WA 98032 CENTURION DEVELOPMENT SERVICES INS 2207.101 DRS!,9OOHE1.WA90921(425)410.2515 OFF4425)41S-32T3 FAX Return Address: Nikery, City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98057 DRAFT DEED OF DEDICATION Property Tax Parcel Number: 322305..9313 Project File#:ALTMYER PLAT Street Intersection: Grantor(s): Grantee(s): 1. Ci of Renton, a Munici gal Co 'oration LEGAL DESCRIPTION: (Additional legal on page 2 . )ofRenton,a Municipal Co .oration A portion of the Northwest Quarter of the Southeast Quarter of Section 32, Township 23 North,Range 5 East, W.M., in the City of Renton,King County, Washington. The Grantor,for and in consideration of mutual benefits conveys,quit claims,dedicates and donates to the Grantee(s)as named above,the above described real estate situated in the County of King,State of Washington. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. Now' Annroved and Accented By: Grantor(s): City of Renton Grantee(s): City of Renton Mayor Mayor City Clerk City Clerk INDIG7DUAL FORM OF STATE OF WASHINGTON )ss ACKNOWLEDGMENT COUNTY OF KING I certify that I know or have satisfactory evidence that Notary Seal must be within box inrument and acknowledged it to be his/her/their free and voluntary actdforithe ase and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: MoD0808.doc\k Page 1 FORM 04 0001/bh LEGAL DESCRIPTION RIGHT-OF-WAY DEDICATION That portion of the East 168 feet of Lot 1 of King County Short Plat SP 474040, recorded under Recording No. 7705110932,records of King County,Washington, more particularly described as follows: BEGINNING at the Southeast corner of said Lot 1; THENCE South 89° 38' 11"West, 168.12 feet along the South line of said Lot 1 to the West line of the said East 168 feet; THENCE North 01°49'05"East, 8.01 feet along said West line to a point which is parallel with and 8.00 feet North of the South line of said Lot 1; THENCE North 89° 38' 11"East, 144.05 feet along said parallel a alleng a radiusa point of tangency;25.00 feet, through a THENCE Northeasterly along the arc of a curve to the left, central angle,of 87°49'06", and an arc length of 38.32 feet to the East line of said Lot 1; THENCE South 01°49'05"West, 32.07 feet along said East line to the POINT OF BEGINNING. Cti-' a, iss l , ‘ was 1, 1 A .-T4fr• T r, ftsros9, EXPIRES: V//6* Project Name: Altmyer September 25,2007 Page 1 of 1 SDG/jas 127871.001.doc FOUND LEAD & TACK IN STEEL CASE 0.33' NORTH OF SEC LINE (FEB 2007) --- -___ - - _____ _______ ____ ______ ______ ____ ______ _____ -___T_______ r 1 ------------_-_____________-___________--_____--____---______-______-1-_____________-_/ I I 0 15i SCALE W FEET 1 lW ,i t oO� tl n LOT 1 li SP 474040 1 AFN 7705110932 , 11/1.00 KING COUNTY DETENTION FACILITY R.O.W.TO BE 15'INGRESS,EGRESS AND ACQUIRED FROM o UTILITIES EASEMENT KING COUNTY REAL o AFN 20061213001240 PROPERTY(1,468 SF) le eir...rff Air A r r 0 17 d a rirdpirererdirdrAir:4,44 S89°38'11"W 168.12' o - C3 0 -Mi 'Ir. F El' .YA SE 184TH PL. N 4a ' o. N. Cr 15'INGRESS,EGRESS N89 38"' -4-7 10 - AND UTILITIES EASEMENT AFN 7805190084 nl AFN 20061213001238 EXISTING `. CORK . l D ,, BUILDING 9. / _____ r . r , r F ALTMYER °A3e4m® 21 LOT PRELIMINARY PLATY. PREPARED FOR MJF HOLDINGS,215 E.MEEKER.KENT,WA 98032 *las`"` CENTURION DEVELOPMENT SERVICES MIT.WMDR.SG.E°MElL WA 981121 N2*1054563014.442 /K32/7 FAX CITY OF RENTON COUNCIL AGENDA BILL Al!l: o �� Submitting Data: Public Works Department For Agenda of: Dept/Div/Board.. Transportation Systems Division September 8, 2008 Staff Contact Ryan Zulauf, Airport Agenda Status Manager (x7471) Consent X Subject: Public Hearing.. Correspondence.. Memorandum of Agreement with FAA for Existing Ordinance Navigational Aids, Agreement#DTFANM-08-L-00012 Resolution X Old Business Exhibits: New Business X Issue Paper Study Sessions Memorandum of Agreement Information Resolution Recommended Action: Approvals: Legal Dept X Council Concur Finance Dept Other Fiscal Impact: Expenditure Required... $0 Transfer/Amendment Amount Budgeted Revenue Generated $0 Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The Federal Aviation Administration(FAA)requires a Memorandum of Agreement between the City of Renton and the FAA to continue to use Airport property for maintaining its existing navigational aids on the Airport. This Memorandum of Agreement replaces a previous agreement signed in 1981. The FAA maintains the navigational aids located on the east side of the airport,just north of the Cedar River Hangars. One navigational aid is the Automated Surface Observation System(ASOS) which records the local weather conditions. The second piece of equipment is the Remote Transmit Receive(RTR)radio equipment which sends the Automated Terminal Information System(ATIS) signal to pilots. Pilots can tune to this radio signal and hear local weather conditions and other information about the Airport, without having to call the control tower staff. Section 28 of the Federal Grant Assurances, signed by the City each time it accepts federal grant dollars for Airport improvements,requires that the City make space available for navigational aids at no cost to the federal government. However,the FAA does lease space in the City's air traffic control tower at fair market value. STAFF RECOMMENDATION: iltioe Approve the resolution authorizing the Mayor and City Clerk to sign the No Cost Land on Airport Memorandum of Agreement#DTFANM-08-L-00012,with the FAA for the existing navigational aid facilities on the Airport. H:\File Sys\AIR-Airport,Transportation Services Division\03 Projects\01 Tasks\Agenda Bills\Agenda Bill-FAA MOA\Agenda bill—FAA MOA.doc f O� PUBLIC WORKS DEPARTMENT Noi :: MEMORANDUM DATE: September 8, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayor 1.1" �i FROM: Gregg Zimmerman �ministrator STAFF CONTACT: Ryan Zulauf, Airport Manager(x7471) SUBJECT: Memorandum of Agreement with FAA for Existing Navigational Aids, Agreement #DTFANM-08-L-00012 ISSUE: Should a No Cost Land on Airport Memorandum of Agreement #DTFANM-08-L- 00012, be signed with the FAA for the existing navigational aid facilities on the airport? RECOMMENDATION: Approve the resolution authorizing the Mayor and City Clerk to sign the No Cost Land on Airport Memorandum of Agreement#DTFANM-08-L-00012,with the FAA for the existing navigational aid facilities on the airport. BACKGROUND SUMMARY: The Federal Aviation Administration(FAA)requires a Memorandum of Agreement between the City of Renton and the FAA to continue to use Airport property for maintaining its existing navigational aids on the Airport. This Memorandum of Agreement replaces a previous agreement signed in 1981. The FAA maintains the navigational aids located on the east side of the Airport,just north of the Cedar River Hangars. One navigational aid is the Automated Surface Observation System(ASOS) which records the local weather conditions. The second piece of equipment is the Remote Transmit Receive (RTR)radio equipment which sends the Automated Terminal Information System (ATIS) signal to pilots. Pilots can tune to this radio signal and hear local weather conditions and other information about the Airport, without having to call the control tower staff. Marcie Palmer,Council President Members of the Renton City Council Page 2 of 2 September 8,2008 Section 28 of the Federal Grant Assurances, signed by the City each time it accepts federal grant dollars for Airport improvements, requires that the City make space available for navigational aids at no cost to the federal government. However, the FAA does lease space in the City's air traffic control tower at fair market value. cc: Peter Hahn,Deputy PW Administrator—Transportation Ryan Zulauf,Airport Manager Connie Brundage, Transportation Administrative Secretary Susan Campbell-Hehr/Carolyn Currie,Airport Secretary H:\File Sys\AIR-Airport,Transportation Services Division\03 Projects\O1 Tasks\Agenda Bills\Agenda Bill-FAA MOA\Issue Paper--FAA MOA.doc NO COST LAND ON AIRPORT MEMORANDUM OF AGREEMENT Norso Agreement Number DTFANM-08-L-00012 This agreement is made and entered into by the City of Renton/Renton Municipal Airport, hereinafter referred to as Airport, for itself, its successors and assigns, and the Federal Aviation Administration, hereinafter referred to as the FAA. WITNESSETH WHEREAS, the parties listed above have entered into an Airport Improvement Grant Agreement; and WHEREAS, the parties listed above have entered into an agreement providing for the construction, operation, and maintenance of FAA owned navigation, communication and weather aids for the support of Air Traffic Operations; and WHEREAS, the parties consider it desirable to work in cooperation with each other in the technical installation and operation of air navigational aids; and WHEREAS,both parties agree the establishment, operation, and maintenance of systems for air traffic control, navigation, communication, and weather reporting is in the primary %"' interest of safety and direct support of the ongoing operation of the City of Renton/ Renton Municipal Airport. NOW, THEREFORE, the parties mutually agree as follows: 1. TERMS AND CONDITIONS: It is mutually understood and agreed that the Airport requires FAA navigation aid facilities in order to operate their business and that the FAA requires navigation, communication and weather aid facilities at the Airport in order to support Air Traffic Operations. Thus, in the interest of both parties it is hereby agreed that the Airport will allow the FAA to construct, operate, and maintain FAA owned navigation, communication and weather aid facilities in areas on the Airport(see List of Facilities, attachment "A") that have been mutually determined and agreed upon for the term commencing on October 1, 2007 and continuing though September 30, 2027. The FAA can terminate this agreement, in whole or part at any time by giving at least(60) day's notice in writing. Said notice shall be sent by certified or registered mail. The FAA may use the Facilities listed in attachment A: (a) Together with a right-of-way for ingress to and egress from the premises; a right-of-way for establishing and maintaining pole lines or Ift""` Renton Municipal Airport DTFAN M-08-L,-00012 Memorandum of Agreement Page 1 of 7 under ground lines for extending electrical power and/or telecommunications lines to the premises; including a right-of-way for subsurface power, communication and/or water lines to the premises; all right-of-ways to be over the area referred to as City of Renton/Renton Municipal Airport to be routed reasonably determined to be the most convenient to the FAA and as not to interfere with Airport operations. The Airport shall have the right to review and comment on plans covering access and utility rights-of-way under this paragraph and the FAA shall consider those recommendations, in accordance with 40 USC 3312. (b) And the right to grading, conditioning, and installing drainage facilities, and seeding the soil of the premises, and the removal of all obstructions from the premises which may constitute a hindrance to the establishment and maintenance of navigational aid systems. The Airport shall have the right to review and comment on plans covering work permitted under this paragraph and the FAA shall consider those recommendations, in accordance with 40 USC 3312. (c) And the rights to make alterations, attach fixtures, and erect additions, structures or signs, in direct support of the Airport. The Airport shall have the right to review and comment on plans covering work permitted under this paragraph and the FAA shall consider those recommendations, in accordance with 40 USC 3312. (d) And the right to park, without cost, all official and privately owned vehicles used for the maintenance and operation of the air navigational facilities. Parking shall be provided adjacent to the navigational aid facility or as near as possible without interfering with the operation of the Airport and the FAA shall consider those recommendations, in accordance with 40 USC 3312. 2. CONSIDERATION: The FAA shall pay the Airport no monetary consideration, it is mutually agreed that the rights extended to the FAA herein are in consideration of the obligations assumed by the FAA in its establishment, operation, and maintenance of navigational aid facilities upon the premises. 3. PURPOSE: It is understood and agreed that the use of the herein described premises, known as, City of Renton/Renton Municipal Airport, shall be related to the FAA's activities in support of Air Traffic operations. Renton Municipal Airport p T DTFANM-08-L-000l.2 Memorandum of Agreement Page 2 of 7 **we 4. FAA FACILITIES: The FAA facilities covered by this agreement are identified on the attached FAA"List of Facilities" and as shown on attachment B. 5. TITLE TO IMPROVEMENTS: Title to the improvements constructed for use by the FAA during the life of this agreement shall be in the name of the FAA. 6. HAZARDOUS SUBSTANCE CONTAMINATION: The FAA agrees to remediate, at its sole cost, all hazardous substance contamination on the FAA facility premises that is found to have occurred as a direct result of the installation, operation,relocation and/or maintenance of the FAA's facilities covered by this agreement. The Airport agrees to remediate or have remediated at its sole cost, any and all other hazardous substance contamination found on the FAA facility premises. The Airport also agrees to save and hold the U. S. Government harmless for any and all costs, liabilities and/or claims by third parties that arise out of hazardous contamination found on the FAA facility premises that are not directly attributable to the installation, operation and/or maintenance of the facilities on the attached FAA"List of Facilities." *or 7. INTERFERENCE WITH FAA OPERATIONS: The Airport agrees not to erect or allow to be erected any structure or obstruction of whatsoever kind or nature within the Airport's boundaries that may interfere with the proper operation of the navigational aid facilities installed by the FAA, as it is not in the best interest of the Airport or the FAA. 8. FUNDING RESPONSIBILITY FOR FAA FACILITIES: The Airport agrees that any relocation, replacement, or modification of any existing or future FAA's navigational aid systems made necessary by Airport improvements or changes, which interferes with the technical and/or operational characteristics of the facility, will be at the expense of the Airport, with the exception of any such improvements or changes which are made at the request of the FAA. In the event such relocations, replacements, or modifications are necessary due to causes not attributable to either the Airport or the FAA, funding responsibility shall be determined by mutual agreement between the parties. Noy Renton Municipal Airport DTFAN M-08-L-000l Memorandum of Agreement Page 3 of 7 9. RESTORATION: The Government shall surrender possession of the premises upon the date of expiration or termination of this lease. If the Lessor provides written notice, prior to the date of expiration or termination, requesting restoration of the premises, the Government at its option shall within ninety(90) days after such expiration or termination, or within such additional time as may be mutually agreed upon, either: (a) Restore the premises to as good condition as that existing at the time of the Government's initial entry upon the premises under this lease or any preceding lease (changes to the premises in accordance with paragraph 1(a), 1(b) and 1(c) above, ordinary wear and tear, damage by natural elements and by circumstances over which the Government has no control, excepted) or, (b)Make an equitable adjustment in the lease amount for the cost of such restoration of the premises or the diminution of the value of the premises if unrestored, whichever is less. Should a mutually acceptable settlement be made hereunder, the parties shall enter into a supplemental agreement hereto effecting such agreement. (c) In the event that the Government has to pay for restoration, such payments will not entail expenditures which exceed appropriations available at the time of the restoration. (d) Nothing in the contract may be considered as implying that congress will, at a later date, appropriate funds sufficient to meet the deficiencies. 10. NOTICES: All notices/correspondence shall be in writing, reference the Agreement number, and be addressed as follows: CITY OF RENTON/RENTON MUNICIPAL AIRPORT ATTN: RYAN ZULAUF—AIRPORT MANAGER 606 WEST PERIMETER ROAD UNIT A RENTON, WA 98057 FEDERAL AVIATION ADMINISTRATION ATTN: REAL ESTATE, ANM-53 1601 LIND AVE S.W. RENTON , WA 98057 11. Previous Lease(s)/Agreement(s) This agreement supersedes Land Lease number DTFA111-81-L-00115. Land Lease DTFA111-81-L-00115 is hereby terminated. Renton Municipal Airport DTFANM-08-L-00012 Memorandum of Agreement Page 4 of 7 Nose 12.The following clauses are incorporated by reference: The full text of these clauses can be found via Internet at Land On-Airport Lease. 1. OFFICIALS NOT TO BENEFIT(10/96) 2. COVENANT AGAINST CONTINGENT FEES (8/02) 3. ANTI-KICKBACK(10/96) 13. SIGNATURES : The City of Renton and the FAA hereby agree to the provisions outlined in this agreement as indicated by the signatures herein below of their duly authorized representative(s). CITY OF RENTON UNITED STATES OF AMERICA, a Municipal Corporation FEDERAL AVIATION ADMINISTRATION By: By: Mayor, Denis Law Title: Date: Date: ATTEST: City Clerk, Bonnie Walton Date Approved as to legal form: City Attorney, Lawrence J. Warren *4010, Renton Municipal Airport DTFANM-08-L 00012 Memorandum of Agreement Page 5 of 7 Dated: August 13, 2007 List of Facilities (Attachment"A") MEMORANDUM OF AGREEMENT #DTFANM-08-L-00012 CITY OF RENTON/RENTON MUNICIPAL AIRPORT . .. .... ...... . R/W GSA Control umber ATID Facility Number Number Comments 1 RNT ASOS Support 53598 2 RNT RTR Support 53092 111111111.1111111111111 ,44.11 1111111111111111111.1111111111111111111 Nod Renton Municipal Airport DTFANM-08-L-00012 Memorandum of Agreement Page 6 of 7 ( ( . wrioi di.e:Irl-' '''.. .--*!ri"--------40016s)._,- ..../,(,-1.— z'' 'IMPOIII11,f',11414- - 011 .,...00,00011011,11.111111.1111"-- ' ---4f,litr/ _i...- ..,, ",-,,,,., ' ' , ..,44iNt ,' .:•-•',7,,. :,f-g... • -4111111P �/'"- /may ' ,, fi '',, y, 'C''4 'n'SkT.Y+ �''.7 ,rte Z7i''d may. A7'' /,,1 -�!' I/ "".1.,1111.:"'.- ` m 1, S 4 �y 9 ,1 i' i 4r . '' �. 3 ...k,, a � k ' 1T" wv. �'.�.a �t`� �'�z��`�� y���',; S1 '�1 4 y v-''';'i'.1'.1'''''..";::-.-:. ' ' ieti w-... ,_„ { it ill C �' _ fin it 4 i9 14 '""� USE .44.410p-*-!------------ 4 .., x t,.. ' .. >" �' fix �' :....�'.'.:.� a�+. ,�.,�^.'.y��`�1°"'�,4snr�y" T40. � 3i 5 az Litt u a 'zw r t u it Z*'` f..,4 e i :::.,64.01..f,,,,,-00.,,,,,,,,,,. . kr sx w`n_ ,''"""i ,, ,, �r AVIATION USE �. r,9 es w. v21013—• k: .,s e"0 Attachment B Location of FAA Facilities CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF RENTON AND THE FEDERAL AVIATION ADMINISTRATION TO MAINTAIN THE EXISTING NAVIGATIONAL AIDS AT THE RENTON MUNICIPAL AIRPORT. WHEREAS, the Federal Aviation Administration (FAA) maintains the navigational aids on the airport. These navigational aids are the Automated Surface Observation System (ASOS) which records the local weather conditions and the Remote Transmit, Receive (RTR) radio equipment which sends the Automated Terminal Information System (ATIS) signal to pilots. Pilots can tune to this radio signal and hear local weather conditions and other information about the airport, without having to call the control tower staff; and WHEREAS, the FAA requires a Memorandum of Agreement between the City of Renton and the FAA to continue to use airport property for maintaining their existing navigational aids on the Airport. This Memorandum of Agreement replaces a previous agreement signed in 1981; 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 Mayor and City Clerk are hereby authorized to execute the No Cost Land on Airport Memorandum of Agreement, Agreement #DTFANM-08-L-00012, with the FAA to maintain the existing navigational aid facilities on the airport. 1 RESOLUTION NO. 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 Now RES.1362:8/12/08:scr 2 • CITY OF RENTON COUNCIL AGENDA BILL AI#: ® • Submitting Data: Public Works Department For Agenda of: Dept/Div/Board.. Transportation Systems Division September 8, 2008 likome Staff Contact Ryan Zulauf,Airport Manager Agenda Status (ext. 7471) Consent X Subject: Public Hearing.. Correspondence.. FAA Grant Acceptance—Runway 16/34 Resurfacing Ordinance Construction Phase 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) Expenditure Required... $4,178,479 Transfer/Amendment Amount Budgeted $4,178,479 (2009) Revenue Generated $3,969,555 Total Project Budget $4,178,479 City Share Total Project.. $ 208,924 SUMMARY OF ACTION: kikrr+` The Federal Aviation Administration is offering a grant in the amount of$3,969,555,to cover 95 percent of the total construction cost associated with the Runway Resurfacing Project at the Airport. The City's portion is $208,924. The 2008 design and construction budget is $1,489,627,with an anticipated expenditure for 2008 of$193,231; the balance will be carried forward to the 2009 budget. The 2009 budget for the construction phase of this project is$4,178,479. URS Corporation, under a separate FAA grant, is designing the project(to be completed in 2008). Construction will be scheduled for spring/summer 2009, and will be coordinated with Airport tenants, including The Boeing Company, in an effort to minimize disruptions to flight operations. STAFF RECOMMENDATION: Accept the Federal Aviation Administration grant offer in the amount of$3,969,555 to complete the construction phase of the Runway Resurfacing Project, and authorize the Mayor and City Clerk to sign the federal grant application and grant assurances. H:\File Sys\AIR-Airport,Transportation Services Division\03 Projects\01 Tasks\Agenda Bills\Agenda Bill-Runway 16-34 Resurfacing-FAA Grant Acceptance\Agenda bill—Runway 16-34 Resurfacing-FAA Grant Acceptance.doc tiY 0 PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: September 8, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: ( Denis Law, Mayor FROM: r Gregg ZimmermaG ministrator STAFF CONTACT: Ryan Zulauf, Airport Manager(ext. 7471) SUBJECT: FAA Grant Acceptance—Runway 16/34 Resurfacing Construction Phase ISSUE: Should Council accept a grant offer from the Federal Aviation Administration in the amount of $3,969,555 for the construction phase of the Airport Runway Resurfacing project? RECOMMENDATION: fir► Accept the Federal Aviation Administration grant offer in the amount of$3,969,555 to complete the construction phase of the Runway Resurfacing project, and authorize the Mayor and City Clerk to sign the federal grant application and grant assurances. BACKGROUND SUMMARY: The Airport contracted with URS Corporation in 2007 to initiate the planning and design of the resurfacing of the Airport's runway. The runway has a significant"dip"in the south half and several smaller "dips" in the north half. URS is nearing completion of the planning and design phase of the project. The Federal Aviation Administration is offering a grant in its 2009 fiscal year(starting October 1, 2008) in the amount of$3,969,555, or 95 percent of the total construction cost. The City's portion is $208,924. The 2008 design and construction budget is $1,489,627, with an anticipated expenditure for 2008 of$193,231. The balance will be used to fund the 2009 budget in the amount of$4,178,479. cc: Peter Hahn,Deputy PW Administrator—Transportation Ryan Zulauf,Airport Manager Connie Brundage,Transportation Administrative Secretary Susan Campbell-Hehr/Carolyn Currie,Airport Secretary *los ' File H.\File Sys\AIR-Airport,Transportation Services Division\03 Projects\01 Tasks\Agenda Bills\Agenda Bill-Runway 16-34 Resurfacing-FAA Grant AcceptanceUssue Paper--Runway 16-34 Resurfacing•FAA Grant Acceptance 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 FEDERAL AVIATION ADMINISTRATION GRANT FUNDING FOR RESURFACING OF RUNWAY 16/34 AT RENTON MUNICIPAL AIRPORT. WHEREAS, the city of Renton holds and operates the Renton Municipal Airport (aka Clayton Scott Field) under and subject to a grant and conveyance from the United States of America; and WHEREAS, the grant and conveyance were made by the authority granted in the Surplus Property Act of 1944, as amended; and WHEREAS, the grant and conveyance of the airport by the United States of America impose on the city of Renton the requirement that the city comply with the Grant Assurances, Order 5190.6A; and WHEREAS, as a Grantee, the city of Renton is entitled to receive grant funding from the Federal Aviation Administration for improvements to the Renton Municipal Airport; and WHEREAS, the Federal Aviation Administration has,offered a grant in the amount of $3,969,555, for the purpose of resurfacing the 16/34 Runway on the Renton Municipal Airport; and WHEREAS, the sum of $3,969,555 represents ninety five percent (95%) of the total project cost for the resurfacing of Runway 16/34; and rad 1 RESOLUTION NO. WHEREAS, the City of Renton wants to accept these funds; 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 respect. 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 the resurfacing of Runway 16/34 at Renton Municipal Airport, PASSED BY THE CITY COUNCIL this day of 2008. Nail" Bonnie Walton, City Clerk APPROVED BY THE MAYOR this day of 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1371:08/25/08:scr voile 2 ,`C.':;rtt`.ivd Curren'.ti "();OT . 2. DATE SUBMITTED Applicant Identifier APPLICATION FOR 08/20/08 FAA AIP 3-53-0055-019 FEDERAL ASSISTANCE 3. DATE RECEIVED BY STATE State Application Identifier 1. TYPE OF SUBMISSION: WA Application Preapplication 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier El Construction 0 Construction KRNT ❑ Non-Construction 0 Non-Construction lair 5. APPLICANT INFORMATION Organizational Unit: Legal Name: City of Renton,Washington Department: 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. I First Name: Ryan City: Renton Middle Name: County: King Last Name: Zulauf State: WA I Zip Code: 98057-3232 Suffix: Country: USA Email: rzulauf@ci.renton.wa.us 0 rl E/ Phone number(give area code): FAX number(give area code): 9 1 1 -1 6 1 0 1 0 1 1 1 2 1 7 1 1 1 I 425-430-7471 I 425-430-7472 8. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back of form for Application Types) I C ® New 0 Continuation 0 Revision Other(specify) If Revision,enter appropriate letter(s)in box(es): 9. NAME OF FEDERAL AGENCY (See back of form for description of letters) Federal Aviation Administration "FAA" Other(specify) 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE S01STAN I 1 NUMBER 16 I Runway16- 34 Resurfacing 2 (Involves the asphalt overlay of an existing runw2 and related improvements): Nose TITLE: Airport Improvement Program 12. AREAS AFFECTED BY PROJECT(cities,counties,states,etc.): Contained within Airport Boundary 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF Start Date I Ending Date a. Applicant b. Project May 2009 September 2009 9th District-A. Smith 91" District-A. Smith 15.ESTIMATED FUNDING 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS .00 a.Yes. 0 THIS PREAPPLICATION/APPLICATION WAS MADE a. Federal $ 3,969,555AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 b. Applicant $ 208,924 .uu PROCESS FOR REVIEW ON c. State $ 00 DATE: uu b.No. ID PROGRAM IS NOT COVERED BY E.O.12372 d. Local $ .00 0 OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR e. Other $ REVIEW uu 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? f. Program income $ g. TOTAL $ 4,178,479 .uu Dyes 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. I First Name Denis Middle Name Last Name Law Suffix b.Title Mayor c.Telephone number(give area code) 425-430-7471 d.Signature of Authorized Representative e.Date Signed 08/20/08 Standard Form 424 (Rev.9-2 Previous Editions Not Usable atile Prescribed by OMB Circular A-102 Authorized for Local Reproduction U.S.DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO.2120-0569 PART II PROJECT APPROVAL INFORMATION SECTION A item 1 Name of Governing Body Does this assistance request require State, Priority local, regional,or other priority rating? ❑Yes No Item 2. Name of Agency or Board Does this assistance request require State, local (Attach Documentation) advisory, educational or health clearances? ❑Yes ZNo (Attach Comments) Item 3 Does this assistance request require clearinghouse review in accordance with OMB Circular A-95? ❑Yes ZNo Item 4 Name of Approving Agency Does this assistance request require State, local, Date regional or other planning approval? Dies No Check One: State 0 Item 5. Local 0 Is the proposed project covered by an approved Regional 0 comprehensive plan? ❑Yes No Location of plan Now Item 6. Name of Federal Installation Will the assistance requested serve a Federal Federal Population benefiting from Project installation? DYes No Item 7 Name of Federal Installation Will the assistance requested be on Federal land Location of Federal Land or installation? Percent of Project ❑Yes ZNo See instructions for additional information to be provided. Item 8 Will the assistance requested have an impact or effect on the environment? Dies 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 -'roject previous, pending,or anticipated? ❑Yes No Name FAA Form 5100-100(6-73)SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 2 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 *ad 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 identify for each all exceptions, encumbrances, and 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) 'he 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. 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 ^Qed only be identified here by the area numbers shown on the property map. Form 5100-100(4-76) Page 3b 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 Previous App. 5. Other architectural engineering fees 6. Project inspection fees 212,000.00 7. Land development 8. Relocation Expenses 9. Relocation payments to individuals and businesses 10. Demolition and removal 11. Construction and project improvement 3,666,990.10 12. Equipment 40,000.00 13. Miscellaneous 14. Total (Lines 1 through 13) 3,918,990.10 15. Estimated Income(if applicable) 16. Net Project Amount(Line 14 minus 15) 3,918,990.10 17. Less: Ineligible Exclusions 18. Add: Contingencies 259,489.31 19. Total Project Amt. (Excluding Rehabilitation Grants) 4,178,479.41 20. Federal Share requested of Line 19 3,969,555.44 21. Add Rehabilitation Grants Requested (100 percent) 22. Total Federal grant requested (Lines 20&21) 3,969,555.44 23. Grantee share 208,923.97 24. Other shares 25. Total project(Lines 22, 23, &24) $ $ $ 4,178,479.41 FAA FORM 5100-100(6-73)SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 4 U.S.DEPARTMENT OF TRANSPORTATION-FEDERAL AVIATION ADMINISTRATION OMB NO.2120-0569 SECTION C- EXCLUSIONS Ineligible for Excluded from NillotParticipation Contingency Provision . Classification (1) (2) a. $ $ b.. c. d. e. f. 9" 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) Noe h.TOTAL—Grantee share 28. Other Shares a.State b.Other c.Total Other Shares 29. TOTAL SECTION E-REMARKS PART IV PROGRAM NARRATIVE (ArrACH—SEE INsTRucr/oNs) FAA Form 5100-100(6-73)SUPERSEDES FM FORM 5100-10 PAGES 1 TI-IRU 7 PAGE5 PART IV PROGRAM NARRATIVE (Suggested Format) U.S.DEPARTMENT OF TRANSPORTATION-FEDERAL AVIATION ADMINISTRATION OMB NO.21 20-05E PROJECT: Runway 16-34 Resurfacing AIRPORT: Renton Municipal Airport (RNT) - Renton,Washington 1. Objective: The objective of this project is to rehabilitate 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. 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 98057 425-430-7471 rzulauf@ci.renton.wa.us CIP/PREAPPLICATION DATA SHEET ' AIRPORT: EXAMPLE LOCAL PRIORITY: UPDATED: December, 1994 WORK ITEM: East Apron Reconstruction SKETCH: \ f 1 \„ , .110 .'70 1 �I 0 Eastro lip n Reconstruction p 0 ..\-,:::: 41kill" '>4.•• East Ap ro n :'1\''' Recanst- . \ �� ruction 1 rr ail i hitt' 0' 500' 1000' 2000' -- ,,otsr, ca -.1 eet JUSTIFICATION: The East Ramp supports all general aviation (GA), business and Part 135 operators. The existing asphalt is deteriorating. It is severely cracked and weathered and the PCI index of 40. The entire apron needs major reconstruction. SPONSOR SIGNATURE: DATE: COST ESTIMATE: Item (Excavation, Paving, etc.) ADMINISTRATION: $ 500 1 Construction $ 824,500 4: $ ENGINEERING: $ 100,000 2: $ 5: $ INSPECTION: $ 750,000 3: $ TOTAL: $1,000.000 ADO USE: PREAPP GRANT NPIAS WORK FAA NO: NO: CODE: CODE: PRIOR: FED $ CIP/PREAPPLICATION DATA SHEET AIRPORT: RNT LOCAL PRIORITY: UPDATED: 04/07/08 WORK ITEM: Runway 16-34 Resurfacing JUSTIFICATION: SPONSOR SIGNATURE: DATE: COST ESTIMATE: $3,999,764.57 Item (Excavation, Paving, etc.) Paving ADMINISTRATION: $ 1: $ 4 $ ENGINEERING: $ Previous 2: $ 5 $ Application INSPECTION: $ 212,000.00 3: $ TOTAL: $ 4,178,479.41 ADO USE: PREAPP GRANT NPIAS WORK FAA NO: NO: CODE: CODE: PRIOR: FED $ ,411.0 CIP/PREAPPLICATION DATA SHEET AIRPORT: LOCAL PRIORITY: UPDATED: WORK ITEM: *kilr JUSTIFICATION: SPONSOR SIGNATURE: DATE: COST ESTIMATE: Item (Excavation, Paving, etc.) ADMINISTRATION: $ 1: $ 4 $ ENGINEERING: $ 2: $ 5 $ INSPECTION: $ 3: $ TOTAL: $ ADO USE: . PREAPP GRANT NPIAS WORK FAA NO: NO: CODE: CODE: PRIOR: FED$ "dire I Appendix I 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. Nroti 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.' NIS 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.'2 f. National Historic Preservation Act of 1966-Section 106- 16 U.S.C. 470(1).' 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 a 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. Namii 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.!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.t 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.i 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. 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 '.ir0 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 fir+ 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 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 Now 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. NEW 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. S. 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. iilrr✓ 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 *we 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 **Er 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 vow 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. Airport Assurances(3/2005) 8 c. Each fixed-based operator at the airport shall be subject to the same rates, 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 nondiscriminatory and 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 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 irrr Airport Assurances(3/2005) 10 agreements,regulations and other instruments, available request; inspection by any duly authorized agent of the Secretary upon reC. 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— **ISa. 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 *ou1 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 Secretary on the face of the airport layout plan. The sponsor will not make Norm, 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 Now 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. New Airport Assurances(3/2005) 12 c. Land shall be considered to be needed for airport purposes under this 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 AlP 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 4,4001 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 imiumnimmosimormer • CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN AIP FUNDED AND PFC APPROVED PROJECTS Dated 3/21/2007 View the most current versions of these ACs and any associated changes at http://www.faa.00v/airports airtraffic/airports/resources/advisory circulars/. 70/7460-1K* Obstruction Marking and Lighting 150/5000-13 Announcement of Availability--RTCA Inc.,Document RTCA-221,Guidance and Recommended Requirements for Airport Surface Movement Sensors 150/5070-6B Airport Master Plans 150/5070-7 Airport System Planning Process 150/5200-28C Notices to Airmen(NOTAMS)for Airport Operators 150/5200-30A Airport Winter Safety and Operations and Changes 1 through 8 150/5200-33A Hazardous Wildlife Attractants On or Near Airports 150/5210-5B 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 150/5210-14A Airport Fire and Rescue Personnel Protective Clothing 150/5210-15 Airport Rescue&Firefighting Station Building Design 150/5210-18 Systems for Interactive Training of Airport Personnel 150/5210-19 Driver's Enhanced Vision System(DEVS) 150/5220-4B Water Supply Systems for Aircraft Fire and Rescue Protection 150/5220-10C Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting Vehicles 150/5220-13B Runway Surface Condition Sensor Specification Guide 150/5220-16C Automated Weather Observing Systems(AWOS)for NonFederal Applications 150/5220-17A Design Standards for Aircraft Rescue Firefighting Training Facilities and Change 1 150/5220-18 Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials 150/5220-19 Guide Specification for Small Dual-Agent Aircraft Rescue and Firefighting Vehicles 150/5220-20 Airport Snow and Ice Control Equipment and Change 1 150/5220-21B Guide Specification for Devices Used to Board Airline Passengers With Mobility Impairments 150/5220-22A Engineered Materials Arresting Systems(EMAS)for Aircraft Overruns 150/5300-13 Airport Design and Changes 1 through 11 150/5300-14 Design of Aircraft Deicing Facilities and Changes 1 through 2 150/5300-16 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 150/5320-6D Airport Pavement Design and Evaluation and Changes 1 through 4 150/5320-12C Measurement,Construction,and Maintenance of Skid Resistant Airport Pavement Surfaces 150/5320-14 Airport Landscaping for Noise Control Purposes 150/5320-15 Management of Airport Industrial Waste and Change 1 150/5325-4B Runway Length Requirements for Airport Design 150/5335-5A Standardized Method of Reporting Pavement Strength PCN **40104 150/5340-1 J Standards for Airport Markings 150/5340-5B Segmented Circle Airport Marker System and Change/ 150/5340-18D Standards for Airport Sign Systems 150/5340-308 Design and Installation Details for Airport Visual Aids 150/5345-3E Specification for L-821 Panels for Control to Air.ort Lighting 150/5345-5A Circuit Selector Switch 150/5345-7E S.ecification for L-824 Underground Electrical Cable for Airport Lighting Circuits 150/5345-10F Specification for Constant Current Regulators Regulator Monitors *ow 150/5345-12E Specification for Airport and Heliport Beacon 150/5345-13A S.ecification for L-841 Auxilia Rela Cabinet Assembi for Pilot Control of Airport Li•htin. 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, Runwa and Taxiwa 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 150/5345-458 Low-Impact Resistant(LIR)Structures 150/5345-46C S.ecification for Runwa and Taxiwa Light Fixtures 150/5345-478 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 Glideslo.e Indicators GVGI 150/5345-53C Airport Lightin. Equipment Certification Program 150/5345-4A Specification for L-1884 Power and Control Unit for Land and Hold Short and Chane 1 150/5345-55 Lighted Visual Aid to Indicate Temporar Runwa Closure 150/5345-56 Specifications for L-890 Airport Lighting Control and Monitoring S stem(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 Speci ing Construction of Airports 150/5370-11A Use of Nondestructive Testin. 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 : ' : °:.w*?:> - :a> ` Afir ' meq,` , a; <at g Y 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 Safet Mana.ement S stems SMS forAir.ort O.erators 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 150/5370-68 Construction Progress and Inspection Report--Airport Grant Program 150/5370-11A Use of Nondestructive Testing Devices in the Evaluation of Air.ort 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 150/5000-12 Announcement ofAvailabilit Passenger � =p ll ation(FAA Fom"5 00 Availability-- Facility Charge(PFC)Application(FAA Form 5500-1 STANDARD DOT TITLE VI ASSURANCES The City of Renton(hereinafter referred to as the Sponsor) herf ebTry agrees that n as a c),ot wit )n to rreceiving Federalfinancial assistance from the Department comply with Title VI of the Civil Rights Act of 1964 scrim nation 2000d2 U.S.C. Federally Assisted all of requirements imposed by 49 CFR Part 21, Civil the Department of Transportation -- Effectuation of Title end that VI of the o sonRights g the Act od1964es shall, (hereinafter referred to as the"Regulations")to the of race, color, or national origin, be excluded from participation in, be denied the program or activity for which benefitse the groundsubjected to discrimination under any ise sub a measures I'I of, or be otherwise J will the applicant receives Federal financial eeme'nt.aWithout limitssistance ing the above general assurance, the necessary to effectuate this agreement. Sponsor agrees concerning this grant that: SII "program" and "facility" (as defined in Section 21.23(a) and 21.23(b))will be conducted 1. EachRegulations. or operated in compliance with all requirements of the g 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 f acilconity, or partt of n t a a faithy the assurance shall extend to the entire facility and facilitiesop eraran o 4. Where Federal financial assistance is in rights to spacethe form or for the ton, overion of aopunder such interest in real property, the assurance shall extend to property. clauses set forth in Attachment 2 of this assurance, as a include the appropriateenses and similar c. It will leases, permits, licenses,covenant running with the land, in any future deeds, p 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. ch Feeral III 6. This assurance obligates the Sponsorexcepthe period during where the Federal'financtlal assistance)is to provide, or is in the form of personal property assistance is extended to the program, por real property or interest therein or structures or ements thereon, in which case the assurance obligates the Sponsor or any transferee for improv jI 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 c Secretary of transportation of the official whom subgrantees,tcontra to'rsasuhbcontracgive to s, reasonable guarantees that it, other sponsors, transferees, successors in interest, and other participants of Federal iassistancender such program will comply with all requirements imposed or pursuant tothe 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 matter arising under the Act, the Regulations, and this assuraceorcement with regard to any THIS ASSURANCE is given in consideration of and for the purpose for this Project and is binding on its contractors, the Sponsor, subcontractors, P of obtaining Federal financial assistance interest and other participants in the Project. The person or persons authorized to sign this assurance e Project. of the Sponsor. ses transferees, successors in whose signatures appear below are DATED 08/20/08 The City of Renton (Sponsor) (Signature of Authorized Official) I i I i I I � Page 2 of 2 - I CONTRACTOR CONTRACTUAL REQUIREMENTS ATTACHMENT During the performance of this contract, the contractor, for itself, its assignees and successors in interest „ a roes as follows: (hereinafter referred to as the "contractor ) g Re ulations. The contractor shall comply with the regulations relative to 1. Com with p rams of the Department of Transportation (hereinafter, "DOT") nondiscrimination in federallyralRegulations, assisted Part 21, as they may be amended from time to time (hereinafter Title 49, Code of Federal Regulat reference and made a part of this contract. referred to as the Regulations), which are herein incorporated by performedard to the work by it during the contract, shall 2. Nondiscrimination. The contractor,color, or origin in the selection and retention of �I not discriminate ors, on the grounds ofrace, en . the21nf rthe or shaltn t includingprocurements of materials and leases °edgb' seent. contractor shall not it subcontractors, participate meither y deectly of icwhen the contre act'covers a program set forth in Appendix B of the including employment practices Regulations. Subcontracts Includin• Procurements of Materials and E•ui•ent. In 111 solicitations stations 3. Solicitations coations for biddingdorac the contractor for work to be p either by competitive negotiation made by subc t including procurements of materials or lease ofequipment, q ipmions underh pot potential conincludanding procor suppliererrsshh ,all be notified by the contractor of the contractor's gcolor, or national origin.at Regulations relative to nondiscrimination on the grounds of race, tion and Re orts. The contractor shall provide all information {ormatio to itsd books, recquiredaccounts, 4. Informs thereto and shall per access other Regulations or f directives information,issued pursuant and its facilities as may be determined by Regulations,e ordersor the , and ation it other sources of to be pertinent to ascertain compliance with such Administration (FM) n er who fails or refuses Where any information formation required of a contract is in the exclusive possession or the Fp,Anashappropriate, and shall o furnish this information, the contractor shall so certify tot the sponsor set forth what efforts it has made to obtain the information. s e 5. S p anctions for Noncom Fiance. In the event of the contractor'impose such noncompliance with th ons as it or the ct nondiscrimination provisions of this contract, mcluding, but notsponsor shall to: FM may determine to be appropriate, ayments to the contractor under the contract until the contractor complies, and/or a. WithhoIdin g of P II b. Cancellation, termination, or suspension of the contract, in whole or in part. s 1 through 5 in g 6. Incor oration of Provisions. The contractor shall include the provisions of paragraphs s every subcontract, including procurements of materials and leases of equipment, ent, nlless with respectpt by the e any Regulations or directives issued pursuant thereto. The contra direct as a means of enforcing such provisions subcontractincludingsanctionsor for vont as the sponsor or the FMemay such direction, the contractor noncompliance. Provided, however, that in the result of s contractor becomes involved , orc threatened lier as a in, auesthlitio e with a subcontractor or p to protectf the sointrat the Unitedo , Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, may request the the contractor may request the United States to enter into such litigation States. CLAUSES FOR DEEDS LICENSES LEASES HERMITS OR SIMILAR INSTRUMENTS ATTACHMENT 2 The following clauses shall be included in deeds, licenses, entered into by the Sponsor pursuant to the provisions of Asleases, es 5(a) similar instruments Assurances 5(a) and 5(b). 1• The (grantee, licensee, permittee, etc., as appropriate) for himself, representatives, successors in interest, and asigns, as a a theic heirs, personal hereof, does herebycovenantpart of consideration and agree covenant running with the land") thatinthe event facilities acase of re cods nstructed, leases add "as a maintained, or otherwise operated on the said property described this ed, license, lease, permit, etc.) for a purpose for which a DOT in this activity is extended or for another purpose involving the provision of programior es the (grantee, licensee, lessee, permittee, etc.) shall maintain and services es such benefits, facilities and services in compliance with all other requirements operate mposed p 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the ursuant to of Transportation, and as said Regulations may be amended.of 2. The licensee,(grantee, censee, permittee, etc., as appropriate) imself, his personal representatives, successors in interest, and assigns, as ah part of the heirs, consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that: (1) of race, color, or national no person origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, that in the construction of any improvements on, over, or under such e (2) furnishing of services thereon, no person on the grounds of land and the origin shall be excluded from participation in, denied the benefits color, or national subjected to discrimination, (3) that the (grantee, licensee, of, or otherwise usebe l the premises in compliance see, permittee, etc.) p nce with all other requirements imposed by or pursuant lto 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of t Transportation, and as said Regulations may be amended. he Department of REQUIRED STATEMENTS AIRPORT IMPROVEMENT PROGRAM PROJECTS AIRS T: Renton Municisal Air•ort RNT LOC__ON: Renton,Washin•ton AIP PROJECT NO.: 3-53-0055-018 STATEMENTS APPLICABLE TO THIS PROJECT consideration has been SII a. INTEREST OF NEIGHBORING COMMUNTES: In near Exacmname of airpoforulating this roject,rt)Renton Municipal Airport. ® given to the interest of communities that are ( ublicl owned land wildlife and fowl refuge, or a historical site under Federal, State, or ® b. THE DEVELOPMENT PROPOSED NN THIS PROJECT will not require the use ofp from a public park, recreation area, Local jurisdiction. dtMunici al Air ort, and they have been c. C OORDINATION: The airport development proposed i n n this project has been coordinated with the Fixed Base Operator(s)utilizing (Exact name of airport) informed regarding the scope and nature of this project. IED PROJECT IS CONSISTENT with existing approved plans for the area surrounding the II ® d. THE PROPOS airport. The above statements have been duly considered and are applicable to this project. (Provide comment for any statement not checked). II BY: Ran Zulauf DATE: 08/20/08 TITLE: Air ort Mana er SPONSORING AGENCY: Cit of Renton proposed revision,the ther NOTE: Where opposition is stated to an airport development to therproje�ct mwheust expressly be furnished r by pro p following specific information concerning the opposition IIIdentification of the Federal,state,or local governmental agency,or the person or persons opposing the project; n/a a. b. The nature and basis of opposition; nla c. Sponsor's plan to accommodate or otherwise satisfy the opposition; n/a d. Whet her an opportunity for a hearing was afforded,andif a hearing was held,an analysis of the facts developed at the environmental aspects of the proposed project and its consistency with the goals and hearing as they relate to the social,economic, 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 proect, Maf. Sponsor's plans, if any,to minimize any adverse effects of the p j g. Benefits to be gained by the proposed development; and n/a An other pertinent information which would be of assistance in determining whether to proceed with the project. n a h. Y CERTIFICATION FOR CONTRACTS, GRAN AND COOPERATIVE AGREEMENTS LOANS, ,-he 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 agency, a Member of Congress, an officer or employee of Congress, or an employee Member of Congress in connection with the awarding of any Federal contract, or employee of any Grant, the making of any Federal loan, the entering into of any cooperative aging of anyy F Federal extension, continuation, renewal, amendment, or modification of any Federalg o t acttgrantthoan, or cooperative agreement. 2. If any funds other than Federal appropriated for influencing or attempting to influence an ffiicer or employee of paids have been anagency,will be paidMto any Congress, an officer or employee of person Y Congress, or an employee of a Member of Congress oof connection with this Federal contract, grant, loan, or cooperative agreement, complete and submit Standard Form LLL "Disclosure of LobbyActivities", the undereigned with its shall vities", in accordance instructions. 3. The undersigned shall require that the language of this certification documents for all subawards at all tiers (including subcontracts,subgracation ntbe included dco inthetaward under grants, loans, and cooperative agreements) and that all subrecipents shall and contracts under accordingly. p shall certify and disclose -his certification is a material representation of fact upon which reliance wasplaced ransaction was made or entered into. Submission of this certification is when this or entering into this transaction imposed by section 1352, title 31, U.S o e. Anyquipee for making to file the required certification shall be subject to a civil penalty Code. $10,0000and who fails more than $100,000 for each such failure. p Y of not less than not Signed Sponsor's Authorized Representative Date 08/20/08 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) PubIIg shin a statement notifying employees that the unla ed manufacturel in the granteedistributionworkplace dispensing, possession, or use of a controlled substance Is prohibit 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;c (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; Making it a requirement that each employee to be engaged in the performance of the grant (c) Ma 9 a be given a copy of the statement required by paragraph ( ); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will- (1) Abide by the terms of the statement; and (2) NY otif the employer in writing of his or her conviction for ora v osuch co lation of a conviction;criminal drug statute occurring in the workplace no later than five calendar day Y (e) Notifying the agency in writing, within ten calendar days after receiving notice under (d)(2) from an employee or otherwise receiving actual notice of such conviction.ant paragraphce, osition title, to every g Employers o ro h convicted employees whoseymustprovide activity itthe Icon convicted includingemployee was working, shallunless the officer or other designee on grant Federal agency has designated a central point for the receipt of such notices. Notices clude the identification number(s) of each affected grant; (f) Tag kin one of the following actions, within 30 calendar days (1) Taking appropriate receiving notice under paragraph (d)(2), with respect to any employee who is so convicted- (1) onv personnel action against such an employee, up to and including consistent with the requirements of the Rehabilitation Act of 1973, as amended; or termination, 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 Renton, WA 98057 ;heck ❑ if there are workplaces on file that are not identified here. Signature of certifying official Airport Manager Title 08/20/08 Date Page 2 of 2 TITLE VI PRE-AWARD SPONSOR CHECKLIST Airport/Sponsor: Renton Municipal Airport/ City of Renton AIP#: 3-53-0055-018 Project Description(s): Runway 16-34 Resurfacing 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 is CITY OF RENTON COUNCIL AGENDA BILL I AI4: 2. is Submitting Data: Public Works Department For Agenda of: Dept/Div/Board.. Transportation Systems Division September 8. 2008 Staff Contact Ryan Zulauf, Airport Manager Agenda Status (ext. 7471) Subject: Consent X Public Hearing.. URS Corporation Contract Renewal—2008 Runway Ordinance dence.. Paving Design Resolution Exhibits: Old Business New Business X Issue Paper Study Sessions Standard Consultant Agreement Information Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept Other... Fiscal Impact: (422.000.016.5940.0046.63.000/a25096/f020) Expenditure Required... $ 23,755.41 Transfer/Amendment Amount Budgeted $1,489,627.00 (2008) Revenue Generated $22,567.00 (FAA 18) Total Project Budget $1,489,627.00 City Share Total Project.. $raft 188.41 SUMMARY OF ACTION: The Airport contracted with URS Corporation in 2007 under Consultant Agreement CAG-07-163 for the design and engineering phase of the Airport Runway Resurfacing project. The 2007 agreement expired on April 1, 2008, and has a current contract balance of$23,756, with 95 percent project design completed. Since federal funding was not forthcoming in 2008, due to two federal Part 16 Complaints that have since been dismissed, design work was halted in March and the project was put on hold. Now federal funding is available, and a new consultant agreement with URS Corporation has been prepared in an amount of$23,755.41. This contract with URS will enable completion of the design of the project and prepare the project for bidding in January 2009. STAFF RECOMMENDATION: Approve the standard consultant agreement with URS Corporation in the amount of$23,755.41, to complete the engineering and design of the Airport Runway Resurfacing Project, and authorize the Mayor and City Clerk to sign the standard consultant agreement with URS Corporation. Ihme C.\Documents and Settings\UsetrDesktopkAgenda Bill-URS Contract Design Phase H doc UY PUBLIC WORKS DEPARTMENT ENT se � MEMORANDUM NT DATE: September 8, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: Gregg Zimmerman, ministrator STAFF CONTACT: Ryan Zulauf, Airport Manager(x7471) SUBJECT: URS Corporation Contract Renewal—2008 Runway Paving Design ISSUE: Should Council approve a new consultant agreement with URS Corporation to extend the expiration date of its original contract, CAG-07-163, for the design phase of the Airport Runway Resurfacing Project? RECOMMENDATION: Approve the standard consultant agreement with URS Corporation in the amount of$23,755.41, to complete the engineering and design of the Airport Runway Resurfacing Project, and authorize the Mayor and City Clerk to sign the standard consultant agreement with URS Corporation. BACKGROUND SUMMARY: The Airport contracted with URS Corporation in 2007 under Consultant Agreement CAG- 07-163 for the design and engineering phase of the Airport Runway Resurfacing project. The 2007 agreement expired on April 1, 2008, and has a current contract balance of$23,756, with 95 percent project design completed. Since federal funding was not forthcoming in 2008, due to two federal Part 16 Complaints that have since been dismissed, design work was halted in March and the project was put on hold. Now federal funding is available, and a new consultant agreement with URS Corporation has been prepared in an amount of $23,755.41. This contract with URS will enable completion of the design of the project and prepare the project for bidding in January 2009. The paving project construction phase is scheduled for 2009,pending FAA grant acceptance. cc: Peter Hahn,Deputy PW Administrator-Transportation Ryan Zulauf,Airport Manager Connie Brundage,Transportation Administrative Secretary Susan Campbell-Hehr/Carolyn Currie,Airport Secretary C.\Documents and Settings\User\Desktop\Issue Paper-URS Contract Design Phase Il.doc Consultant/Add ress/Telephone URS Corporation Local Agency URS Corporation Standard Consultant . 1501 4th Avenue,Suite 1400 Agreement Seattle,WA 98101-1616 (206)438-2700 ®Architectural/Engineering Agreement 0 Personal Services Agreement Project Title And Work Description Agreement Number Renton Municipal Airport Runway Rehabilitation Improvement Project-Phase 3 Federal Aid Number Agreement Type(Choose one) 0 Lump Sum Lump Sum Amount $ DBE Participation® % ❑Cost Plus Fixed Fee ❑Yes No _______ _ Overhead Progress Payment Rate 0Federal ID Number or Social Security Number Overhead Cost Method 94-1716908 ❑Actual Cost Do you require a 1099 for IRS? Completion Date ❑Actual Cost Not To Exceed ❑Yes ®No August 1, 2010 ❑ Fixed Rate , Fixed Fee $ 23,755.41 Total Amount Authorized$ ®Specific Rates Of Pay ®Negotiated Hourly Rate Management Reserve Fund $ ❑ Provisional Hourly Rate Maximum Amount Payable$ 23,755.41 0 Cost Per Unit of Work Index of Exhibits Exhibit"A"-Scope of Work Exhibit"B"-DBE Participation Exhibit"C"-Electronic Exchangeof Engineering Type)eering and Other Data Exhibit"D"-Payment(by Agreement Exhibit"E"-Consultant Fee Determination Exhibit"F'-Breakdown of Overhead Cost Exhibit"G"-Subcontract Work/Fee Determination Exhibit"H"—Title VI Assurances Exhibit"I"—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 of August 2008� *4110?THIS AGREEMENT,made and entered into this day Washington,hereinafter called the"AGENCY" , between the Local Agency of City of Renton > and the above organization hereinafter called the"CONSULTANT". Page 1 of 8 DOT Form 140-089 EF 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. II 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. III 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 ''461101 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 SUB CONSULTANT,shall not discriminate on the basis of race,color,national origin,or sex in the performance of this contract.The CONSULTANT,and each SUB CONSULTANT,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, %ti"'' 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. Ned 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"0"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. Nrod 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 �rrrr 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 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 '44100.' 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 STAVE,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.) Jnr 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"H"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, Nikary 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 performingthe 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. Nrid 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 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. Nome 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 under the 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. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT,the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall furnish the AGENCY with 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 `\r'' case shall the CONSULTANT'S professional liability to third parties be limited in any way. Page 6 of 8 • has The AGENCY will pay no progress payments under Section thu STATE CONSULTANT NayS k such°they fully complied as ai with this tos it section.This remedy ys not exclusive;and the AGENCY 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. e f B.If any such change causes an increase or decrease in the estimated changed by the order,or otherwise wise affects any other performance of any part of the work under this AGREEMENT,whethertable ent in the terms and conditions of the AGREEMENT,the AGENY shmake an (3)othegr ayffecteddtermsyand shall mlodify the)maximum amount payable;(2)delivery or completion schedule,o AGREEMENT accordingly. C.The CONSULTANT must submit any"request for equitable adjustment",hereafter referred to as"CLAIM",under wever,if the AGENCY this clause within thirty(30)days from the dateof receipt oof the on a CL written AIM submitted before final payment of the decides that the facts justify it,the AGENCY may receive and act P AGREEMENT. D.Failure to agree to any adjustment shall be dispute under ith the AGREEMENTDisputes clause.as changed However,nothing in this clause shall excuse the CONSULTANT from proceeding w E.Notwithstanding the terms and conditions of paragraphs o beA) and( )aove,the maxium amount payable increasBd eb ept by spec fic written supplement to AGREEMENT. AGREEMENT,shall not be increased or considered 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. Ned 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)"azhCertifications Othe�Responf the Osibility Matters and imary Covered Exhibit "M-2"Certification Regarding Debarment,Suspension Transactions,Exhibit"M-3"Certification Regarding the Restrictions of the Use of FederalinF AGREEMENTS over"M-4"Certificate of Current Cost or Pricing Data.Exhibit"M-3"is required only $100,000 and Exhibit"M-4"is required only in AGREEMENTS over$500,000. XVIII Complete Agreement This document and referenced attachmentsyn all covenants,stipulations,andd the parties shall not be bound by or be parties.Noo agent,or representative offeither party Y has authority to make, liable for,any statement,representation,promie or ll be va dsunles�educed to writing and signed by the partieseement not set forth herein.No changes, mas an amendment to modifications of the terms hereof she this AGREEMENT. XIX Execution and Acceptance to be an This AGREEMENT may be simultaneously yn several ANT does herebyy atits,each of which shall befy and adopt all statement epresent tions, original having identical legal effect.The CONSULT tted by the warranties,covenants,and agreements contained AGyn the proposal,and the REEMENT and agrees to all of the erortingmsyand conditions thereof. CONSULTANT,and does hereby accept the 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. Nifty' By L By Consultant URS Corporation Agency City of Renton stow Ikupy DOT Form 140-089 EF Revised 6/05 Page 8 of 8 EXHIBIT "A" SCOPE OF SERVICES RENTON MUNICPAL AIRPORT RUNWAY REHABILITATION IMPROVEMENT PORJECT PHASE 3-FINAL ENGINEERING AND BID DOCUMENTS The Phase I and Phase II design work has been the engineering ted ing design of the projecnd the project is at the t 5% design stage. The Phase work will complete2009. prepare it for biddingduringthe month of January 1.0 Project Management and Administration -successfullyvide executject e the management and administration functions necessary to dte of 2,0 Complete the Update of the DBE PIan—Plan necte the essary po aeceivehthe federal e Disadvantage Business Enterprise (DBE) grant. 3.0 Final Design - Incorporate design comments from Phase 2 into final design and prepare documents for bid package. Final Design Deliverable: Bid set of Construction Documents for rehabilitation of Runway 16/34. Exhibit D-3 Payment (Negotiated Hourly Rate) The CONSULTANT shall be paid by the AGENCY for completed work and services AGREEMENT as provided hereinafter. Such paymenterendered under this rendered and for all labor,materials, supplies, equipment,and incidentals ull e necessary for work performed r . The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 'to complete the work. The 1. Hourly Rates: The CONSULTANT shall be paid by the AGENCY for work done, based u negotiated hourly rates shown in Exhibit"E"and "F"attached hereto and by this reference made the 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 orsubsequent 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 th CONSULTANT. These charges may include, but are not limited to, the followinge printing, long distance telephone, supplies, computer charges and sub-consultant items:s. travel, a.Subconsultant costs will include a Sub-Consultant Oversight mark-up of 4% as allowed in accordance with 48 CFR 31.2 Subconsultant costs including Oversight Markup must be itemized on the Subconsultant Fee Determination -Summary sheet attached as Exhibit G-1. b.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'CFR Part 31.205-46 "Travel Costs." c.The billing for Direct Non-Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. d.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. c.All above charges must be necessary for the services provided under this AGREEMENT. DOT Form 140-089 EF Exhibit D-3 Revised 8/07 3. Management ent Reserve Fund: The AGENCY may desire to establish ae ad itionanagem ntfuReserve ds e and to . provide the Agreement Administrator with the flexibility to au the CONSULTANT foradditional AGREEMENT for allowable unforeseen costs, or reimbursing h authorization(s) shall be ind writing work beyond that already defined in this AGREEMENT• and shall not exceed the lesser of$100,000 or 10%of the Toth M mount Authorized e t Rzed as sFundhown in the heading of this AGREEMENT.The amount included or te NG s shown in the heading of this AGREEMENT.This fund eserve Funds hall be madeAny inc angedance requiring additional costs m excess of the Manage with Section XIV,"Extra Work." y 4. Maximum Total Amount Payable:The Maximum Total Amount the amPayable by thein the heading he CONSULTANT under this AGREEMENT shall not exceed of the Total Amount this AGREEMENT.The Maximum Total Amount Payable is comprised Section XIV,"Extra Work."No minimum amount Authorized,and the Management Reserve Fund.The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in S Payments:Pro ess payments payable is guaranteed under this AGREEMENTl satsut orized5. lin loand 2 abgress ove.The m hly billing may be claimed on a monthly basis for at the rates st shall be supported by detailed statements for hours expended d billings fore all l shed in n Exhibit h bit " E", including names and classifications of all employees, expenses.To provide a means of verifying the billed salary costs for the CONSULTANT'S work on the AGENCY may conduct employee intervi These interviews consist of recording the names,titles, salary ofthoseemployeesperforming employees, rates,and present duties the PROJECT at the time of the interview. Final Payment of any balance due the CONSULTANT of the gross amount earned 6. Final Payment: upon its verification by the AGENCY after the completion of the work will be made promptly p laps,maps,notes,reports, under this AGREEMENT,contingent upon receipt of all PS&E,p electronic data and other related documents which required CONSULTANT shall constitute a er this AGREEMENT. Acceptance of such Final Paymenty may have against the AGENCY release of ll claims for pec specifically reserved CONSULTANT writi g antransmitted to the AGENCY by the unless such claims are sp y Payment shall not,however,be a bar to any CONSULTANT prior to its acceptance. Said Final claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. ThePay ment of any billing will not constitute agreement as toe o the apnd py p atin a fi ofss a any item and d at the time of final audit, all required adjustments will be the CONSULTANT the event that such final audit reveals Aan GENCYa wment to the ithin thirty(ONdays of notice of the will refund such overpayment to the for anyclaims overpayment. Such refund shall not constitute GENCY of overpayment.The CO CONSULTANT has relating to the validity of a finding by process to the twenty(20)days after receipt of the final POST AUDIT to begin the appeal AGENCY for audit findings. -consulta ee ila 7. Inspection of Cost Records: The CONSULTANT and their h United nts shall ke ppa a oble for o ee inspecaining to this tion by representatives of the AGENCY, STATE a (3)years after receipt of final payment,the costecords and these account ss ws et the following exception: AGREEMENT and all items related to or bearing P if anylitigation,claim or audit arising out of, in connectionheith, or records and accounts shall be to this contract is year initiated before the expiration of the three(3) period, retained until such litigation,claim, or audit involving the records is completed. Exhibit E-2 Consultant Fee Determination - Summary Sheet (Specific Rates of Pay) Fee Schedule Hourly Rudy Overhead Profit Rate Discipline or Job Title Rate 1.5496 % .2426 % Per Hour Project Manager 55.65 86.24 Project Administration 13.50 155.39 31.50 48.81 Mid-Level Engineer 7.64 87.95 36.75 56.95 Senior Engineer 8.92 102.61 57.75 89.49 Engineering Technician 14.01 161.25 31.50 48.81 Resident Engineer 7.64 87.95 42.00 65.08 Resident Inspector 10.19 117.27 36.75 56.95 8.92 102.61 Now 'err►. DOT Form 140-089 EF Exhibit E-2 Revised 6/05 Exhibit F • Nad NURS -Domestic ting DvisioOR,FRINGE hest) STATEMENT OF DIRECOVERHEAD YEAREND DECEMBER 28,2007 • Unallowable or ADJUSTED unallocable costs • PER COMPANY ADJUSTMENTS STATEMENT _ / - per F--�-' STATEMENT 100 000% Premium OT $ 20,384,126 $ (78,222) $ 20,305,904 Direct Labor - $ 1,824,252 8.984% Fringe Benefits: $ 1,824,252 $ 514.080 2.532% Vacation 514,080 5 80 2.432% Sicko902.126 394,529-- 0 1.943% Holiday 394,529 - 1,885.692 9.93% 1,885,692 554,916 2.733% 31.205-13 Workers Compensation Insurance (83,883) Employee and WelfarefInsurance and D 638,799 2,15 ,9 12.733% xand Development 2,178,449 271,099 •325% Employers Taxes 271 090 Unemployment and Disability Insurance _---------- 8.525,134 41.984% • 8,609,017 (83,883) Total Fringe Benefits 31.205-5 8,270,170 40.728% 8,343,051 (72,881) 78,22207 0.385% Premium OT General Overhead: 78,222 • Pr• emiurectm Labor - 518,222 2.554% Premium 28 Premium Overtime 523,718 (5,030) 423,8486 2.087% 3131.205-28 e) OAperating and ReproductioninanialnLeSugal 476,731 (52,883) 21.0 4,453,096 1.501% 31.205-36 30% FaminisCosve,Financial and Legal 4,453,096 (2,393) 453,092 Otherhry n 307,265286,931- 872 1.413% Rents/Leases 286.931 - 6,9 0.423% Repairs and Maintenanceace,Rentals5,414 524,8041 2.027% 31.205-1 Repairs,Maintenance, - Field Office 527,377 (2,573) 1 524,8 2.288% 31.23 51 Telephone and Utilities 1,182,254 (108,516) 5.288% 05.245 1 (88,399) 1,016,727 0.722% 31.205-14 AdvertisingTravel, nartainmen ensand TaxesRelesation 1.105,126 (9,399) 146,662 and Business 156,207 547,826 2.698% Insurance Professional and Permits 547,826 13 ,826 0.665% VNotearious tPermits 172,577 (37,492) 531,085 2.864% Various 1 Corporateorat Freight and Other Expenses 2.553,514 (1,972,008) 561- ,506 Depredation andAllocationriz 750,027 3.694%16.482% Note 1 (115,392) 3,346,7980.000% Note 1 BadDeand Amortization 3,462,190( 53 250,396 Internal Services (250,396) - 264,416 1.302% Debts 264,416 1.302% 31.205 20 interest eExpo Bank Charges and Other 54,904 (64,904) 211,460 1.000% State42% a Expense 211,460 and Local Taxes 23__t--40 2gp 11� 2.9739' 25,133 688 (2 193,398} __-___ . Total General Overhead $ 31,465,424 1_, ��% Total Fringe Benefits and General Overhead i___22,242, $ (2 277,281) The accompanying notes are an integral part of this financial statement. '411110 • 2 Exhibit H Title VI Assurances 'tow' 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 non-discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal relative eo 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 AGREEME Regulations, NT. 2. Non-discrimination: The CONSULTANT, with regard to the work performed during shall not discriminate on the grounds of race, color, sex, or national origin in the selection sub-consultants, including procurement of materials and leases of equipment. the AGREEMENT not participate either nor tl in the discrimination and retentionsa of q pment. The CONSULTANT shall REGULATIONS, includingemploymenty riImnation prohibited by Section 21.5 of the 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: either by competitive bidding or negotiations made by the CONSULTANT for work to be In all solicitations a sub-contract, including procurement of materials or leases of equipment, each potential sub-consultant supplier shall be notified by the CONSULTANT of the CONSULT performed under AGREEMENT and the REGULATIONS ANT'S obligations under thisor Ul relative to non discrimination on the grounds of race,color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and repoNorrts REGULATIONS or directives issued pursuant thereto, and shall permit access to its books accounts, other sources of information, and its facilities as may be determine p rts required by the uHighway Administrationoe ,records, REGULATIONS, orders and instructions. any informationascertainpertinent to compliance Aw with STATE or the exclusive possession of another who fails or refuses to furnish this information, the required of a certify to the AGENCY,STATE or the F ANT is in the made to obtain the information.' HWA as appropriate, and shall set forth what efforts 1It has shall 5. Sanctions for Non-compliance:In the event of the CONSULT _ compance with the non-discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREE sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited Withholdingof muted to: 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 err' DOT Form 140-089 EF Exhibit H Revised 6/05 shall include the provisions of paragraphs(1)through(5) rthe 6. inc every sub- of Provisions: act,including The CONSULTANT leases of ANT shall unlesstake such tion with sub-contract, including procurement of materials anddCONequipment, exemptby in every sub c pursuant thereto.The A may direct as a means of REGULATIONS,anysub-consultant or directives issued es ect to any sub-consultant or procurement as the AGENCY, STATE or FHWA p sanctions for non-compliance. enforcing such provisions including r that in the event a CONSULTANT becomes involved in, or is threatened with, test Provided,with a sub-consultant, as a result of such direction,the CONSULTANT may e9 l the AGn a STATor supplier • d nSteres seof ter into such litigationn the STATE enter into such litigation to protect the interests of the AGENCY and the the AGENCY and request the Unit STATE and,in addition,the CONSULTANT may q protect the interests of the United States. Exhibit I 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 paymentsrevi total the same percentage of the Lump Sum Amount as the work completed at the time of terminatio n is to total work required for the PROJECT. In addition, the CONSULT p ously made shall work completed. ANT shall be paid for any authorized extra Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any total the actual costs plus the same percentage of the fixed fee as the work completed at the time of to n is to the total work required for the Project. In addition, the CONSULTANT payments previously made, shall work completed. shall be paid for any authorizedtextra Specific Rates of Pay Contracts A final payment shall be made to the CONSULT AGREEMENT plus any direct nonsalary costs incurrred at the time of termination of thfor actual hours charged at the is AG 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 Exhibit J Alleged Consultant Design Error Procedures ged design error is of a The purpose of this exhibit is to establish a procedure to determine if a col unsfalle method for the resolution nature that exceeds the accepted standard of care.In addition, it will establish procedures in those instances where the agency believes it has suffered some material damage and/or cost recove ry p due to the alleged error by the consultant. • Step 1 —Potential Consultant Design Error(s)is Identified by Agency's Project Manager the process is for the Atorcy the first indication of potential consultant design error(sWo e rs Age in Engineer regarding the Agency's project manager to notify the Director of Public potential design error(s).For federally funded projects,the Region Highwaysand Local Programs f lic Works or Engineer eer should be informed and involved in these procedures. (Note: The et Director ector o,who has not been Agency Engineer may appoint an agency s pp ff person other the p stepsin these procedures.) as directly involved in the project,to be responsible for the remaining Step 2-Project Manager Documents the Alleged Consultant Design Error(s) and with the de of the After discussion of the alleged design error(s) and concurrence,the project error(s),allegedmanageobtains more detailed Director of Public Works or Agency Engineer documentation than is normally required on the project.Examples es 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) processrther,the next step in the is for the project If it is determined thaththereeis a need the ao proceed ll ged design error(s) and the magnitude of the the ed manager to contact the consultant regarding staff should represent the error(s).The project manager and other appropriate agency ra manger and any personnel(including gub consultants) consultant shouldpbe represented by their prof issue. deemed appropriate for the alleged designerror(s) 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 Aft error(s),there are three possible scenarios: • It is determined via mutual agreement that there not a consuthis ppoant design error(s).If this is the case,then the process will not proceed beyond • It is determined via mutual agreement that a consultant design error(s)thea rred.If this Agency is the case,then the Director of Public Works or g Y Eng ne representatives,negotiate a settlement with the consultant. The nitantstagreement would be paid to the agency or the amount would be reduced from the cons 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. • NINNY There is not a mutual agreement regarding the alleged consultant design consultant may request that the alleged design error(s)issue be forwarded toor(s). The 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 the FHWA. H&LP will meet with representatives of the agency and the consultant to review the with alleged design error(s), and attempt to find a resolution to the issue. If necessary, 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. H&LP will request ent. • 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. 'oirwr` '�lrr•' Exhibit M-1(b) Certification Of Agency Official Renton I hereby certify that I am the AGENCY Official of the Local Agency of has not been required,directly or indirectly as an Washington, and that the consulting firm or its representativeor carrying out this AGREEMENT to: express or implied condition in connection with obtaining (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 Adminis�trtacioa�U .S.Department of Transportation, in on of Federal-aid highway funds, and is connection with thisAGREEMENT State and Federal laws,both criminal and civil. subject to applicable Signature Date DOT Form 140-089 EF Exhibit M-1(b) Revised 6/05 Exhibit M-3 Certification Regarding The Restrictions 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 s 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, 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 Federalant 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 ' cooperative agreement. > grant, loan, or 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): URS Corporation (Date) 4t ' , (Signature)President or Authorized i a!of Consultant /low onant r DOT Form 140-089 EF Exhibit M-3 Revised 6/05 • CITY OF RENTON COUNCIL AGENDA BILL iffifiralifirmramPlangsgsra Submitting Data: Public Works Department For Agenda of: Dept/Div/Board.. Transportation Systems Division Noil Staff Contact Peter Hahn, Deputy PW Se tember 8, 2008 Agenda Status Administrator - Transportation, x7242 Consent Subject: X Public Hearing.. dence.. SW 27th St./Strander Design Contract with Perteet, Ordinance Inc. Resolution Exhibits: Old Business New Business X Local Agency Standard Consultant AgreementStudy Sessions TIP#8 (2009-2014) Information Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept Fiscal Impact: (Fund 317.12308) Expenditure Required... $ 269,935 Amount Budgeted $ 269,935 Transfer/Amendment Revenue Generated Total Project Budget $20,000,000 Ci Share Total Project.. SUMMARY OF ACTION: The original design contract (CAG-03-033) expired on December 31, 2007. A balance of$269,935 was left in the original contract. The scope of work is identical to the expired contract, but has not been completed. This contract provides for completion and payment of the services that remained when the original contract expired. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the contract with Perteet, Inc. H:\Division.s\TRANSPOR.TAT\ADMINNAgenda 20081Agenda Bill for New Perteet Contract for SW27 Strander project doc Consultant/Address/Telephone Local Agency Perteet, Inc. Standard Consultant 2707 Colby Avenue Suite 900 A reement Everett, WA 98201 g Tel. 425/252-7700 Fax. 425/339-6018 ® Architectural/Engineering Agreement ❑ Personal Services Agreement Agreement Number Project Title And Work Description SW 27th / Strander Blvd. Extension • Federal Aid Number Union Pacific Railroad Realignment— Phase I, Segment 2A Agreement Type(Choose one) • El Lump Sum Lump Sum Amount $ ® Cost Plus Fixed Fee DBE Participation Overhead Progress Payment Rate % ❑ Yes ® No 0/0 Overhead Cost Method Federal ID Number or Social Security Number ❑ Actual Cost 91-1505037 ❑ Actual Cost Not To Exceed % Do you require a 1099 for IRS? Completion Date ❑ Yes ® No December 31,2008 Fixed Rate 32 Fixed Fee $ 10,864 ❑ Specific Rates Of Pay Total Amount Authorized $ 269,935 Nirrr El Negotiated Hourly Rate ❑ Provisional Hourly Rate Management Reserve Fund $ El Cost Per Unit of Work Maximum Amount Payable $ 269,935 Index of Exhibits Exhibit"A"—Scope of Work Exhibit"B"—DBE Participation—not applicable Exhibit"C"—Electronic Exchange of Engineering and Other Data Exhibit"D"—Payment(by Agreement Type) Exhibit"E"—Consultant Fee Determination Exhibit"F"—Consultant Hourly Rate Sheet Exhibit"G"—Subcontract Work/Fee Determination Exhibit"H"—Title VI Assurances Exhibit"I"—Payment Upon Termination of Agreement Exhibit"J"—Alleged Consultant Design Error Procedures Exhibit"K"—Consultant Claim Procedures Exhibit"L"—Liability Insurance Increase—not applicable 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 Now "AGENCY", and the above organization hereinafter called the"CONSULTANT". DOT Form 140-089 EF Page 1 Revised 6/05 J 1ConlraclslTransportalion DesigntRenton\SW 27th-Strander Blvd Ex\SW 27th Strander LAG 7-9-08 doc 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 assistant 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. II 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 meeting requiring CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY Nail 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-assigned 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 DOT Form 140-089 EF Page 2 Revised 6/05 J\Contracts\Transportation Design\Renton\SW 27th-Strander B'vd Ex\SW 27th Strander LAG 7-9-08 doc 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. `oire 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,suppliers, 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 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 in 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. 44itime 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 DOT Form 140-089 EF Page 3 Revised 6/05 J 1ContraclslTransportahon Design\Renton\SW 27th-Strander Blvd Ex\SW 27th Strander LAG 7-9-08 doc 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 third party as a consequence of any act or omission on the part of the CONSULTANT'S 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 `riI responsibility of the CONSULTANT. The CONSULTANT shall not engage,on a full-or part-time basis, or other basis,during the period of the contracts, 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) Americans with Disabilities Act of 1990 Nkid (42 USC Chapter 126 Section 12101 et.seq.) 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"H" 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 Terminate. accumulated payment made then prior exceeds the total amounthat would be due when computed as set forth herein above, no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. DOT Form 140-089 EF Page 4 Revised 6/05 J\ContractslTransportation Design\Renton\SW 27thStranderBlvd Ex\SW 27th Strander LAG 7-9-08 doc 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. Nia"' 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, of 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. The 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 '44kw'"` right to appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The DOT Form 140-089 EF Page 5 Revised 6/05 J 1ContractsvTransportalion DesignlRenlonlSW 271h-Strander Blvd Ex SW 27th Strander LAG 7-9-08 doc 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. XIII Legal Relations icable to the rk The CONSULTANT shall comply with all Federal,cshall b e interpreted and construed in nances acco accordance with the laws of ttheto e done under this AGREEMENT. This contra State of Washington. its cers The CONSULTANT shall indemnify and hold the all claimsAGENCY ,demands,d oroEsuitds at law►or equity arising isn harmlwholeoss rin from and shall process and defend at its own expenseprovided under this that parttfromtheCONSULTANT'S NSUg nce or TANT ttoindemnify the its obligations ors the STATE against and hold harmless the nothing herein l re a CONS AGENCY or the STATE from claims,demands or furthsuitser that if the claims or suits are of by or result result from thCY or the STATE, their agents,officers and employees;and provided concurrent negligence of(a)the CONSULTANT'S agents or employees,and(b)The AGENCY or the STATE,their ct o(1)claims or ts ed upon such gence (2) agents, officers to and employees,thise indemnity defending such claaimstand suits shall be►validsand enforceable only to the (2)the costs to the AGENCY or the STAT 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. le hics laws, including 42.23, The CONSULTANT shall comply with all tbnterest sections mun cipae po 'ffibersEtThe CONSULTANT specifically which is the Code of Ethics for regulating conract oyees ainst assumes potential liability for actions brought anddefense,the CONSULTANT theby CONSULTANT'S splecificallgawai theesany Emmunity under NCY and, solely for the purpose of this indemnification the state industrial insurance law,Title 51 RCW. Unless otherwise specified in the AGREEMENT,th�AGENCY f ahnew solee source,e for or an administration construction contracts,if any,on the PROJECT. Subject top the AGENCY during „�' pgoeemngt,suchhCONSULTANT shall provideOn-Call lassume no responsibility 1 ty for: proper construction techniques,job providing assistance,the CONSULTANT site safety,or any construction contractor's failure to perform its work in accordance with the contract documents. therwise The CONSULTANT shall obtain and keep insourcesaprequired,the proved during thsAGREEMENT,Insurance Commisosioner pursuant to Title following insurance with companies or through byhe Stage 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability and injury, damagedeath insurance million dollars($2,000,000)for odily ► Jurry, icldng 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 one million dollar($1,000,000) combined single limit. sional Liability nce secured by the epting the Worker's Compensation l�belnsurance and any named on all policies as an additional insured. The CONSULTANT shall CONSULTANT,the AGENCY by the furnish the AGENCY with verification of insurance and of alld�equtred insuranceents policies aGanyE time. The AGENCY reserves the right to require complete,certifiedcopies ess in the State of on. The All insurance shall be obtained from an insurance company as outlined aboveorized to dwo bhinnfourteen(14)days of the egtecution of CONSULTANT shall submit a verification ofnsuranc this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty(30)days prior notice to the AGENCY. '4010101 Page 6 DOT Form 140-089 EF Revised 6/05 .1\Contracts\Transportation Design\Renton\SW 271h-Strander Blvd Ex\SW 27th Strander LAG 7-9-08 don 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 shall the CONSULTANT'S professional liability to third parties be limited in any way. 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 and 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 t he 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. DOT Form 140-089 EF Revised 6/05 Page 7 J\Contracts\Transportation Design\Renton\SW 27th-Strander Blvd Ex\SW 27th Strander LAG 7-9-08 doc 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. ( 1 By By Consultant PERTEET INC. Agency CITY OF RENTON .*44401 Page 8 DOT Form 140-089 EF Revised 6/05 J\Contracts\Transportation Design\Renton\SW 27th-Strander Blvd Ex\SW 27th Strander LAG 7-9-08 doc EXHIBIT A Scope of Services CITY OF RENTON SW 27th/Strander Boulevard Extension UNION PACIFIC RAILROAD REALIGNMENT—PHASE 1, SEGMENT 2A INTRODUCTION This work effort identified as part of the SW 27th/Strander Boulevard Extension agreement. This phase of the project will construct the embankment for the future realignment of the Union Pacific Railroad. Associated with the track realignment will be the preparation of right-of-way plans for the railroad right-of-way, and coordination of the utilities within the railroad right-of- way. GENERAL SCOPE OF SERVICES This scope of work includes preparation of contract documents including plans. specifications, and estimates (PS&E) for the final design of relocating the Union Pacific Railroad (UPRR) tracks. The final design will be based on the 30% plans prepared for the City of Renton in July, 2004. At the option of the City, the Consultant may be asked to provide construction management services for some or all of the construction contracts. 1.0 PROJECT MANAGEMENT 1.1 Provide continuous project management administration (billing invoices, monthly progress reports, consultant/subconsultant coordination) throughout this phase of the project's duration. 1.2 Prepare,monitor, and update project schedule. Schedule will be developed using MS Project 2000. Monitor project budget. 1.3 Attend bi-weekly coordination/discussion meetings with key City staff, and attend other meetings as requested. A total of 26 meetings not included elsewhere are anticipated. Prepare and distribute meeting minutes. 1.4 Prepare a work plan at the start of project for the project including communication plan, deliverables, quality control plan and procedures for change management. 1.5 Prepare independent QA/QC plan reviews of PS&E submittals (60%, 90% and final) by senior staff. 1.6 Conduct in-house technical reviews at the 60% ° and from and a minimum of one week prior to the plan reviews tolanalyze separate constructability and correlate plans and reports with the intent of the project and this scope of services. These reviews will be conducted with principal staff members. Nome DOT Form 140-089 EF Page 9 Revised 6/05 .1 lContracts\Transportation Design\Renton\SW 271h-Slrander Blvd Ex\SW 27th Slrander LAG 7-9-08 doc Namoi 2.0 UTILITY DESIGN & COORDINATION private utilities along 2.1 The Consultant will coordinate with the known public and and across the railroad right-of-way. The various utilities design ng and relocating their existing UPRR right-of-way will be responsible for facilities to the new right-of-way. The Consultant will provide basemaps in AutoCAD format to facilitate their relocation efforts. Items in this task may include: • Preparing and maintaining a utility coordination checklist. • Coordinating and attending up to (3) coordination meetings and (8) individual meetings with franchises and prepare meeting minutes. • Identifying potential utility conflicts and pothole locations (Note: potholing will be provided by the utility franchises). • Incorporate utility information into the plans as required for clarification. • Meet with utility companies and the City to resolve individual conflicts by either design revision or utility relocation. 2.2 The Consultant shall coordinate with Seattle Public Utility on the he railroad right-of-way. It protection fhat their water mains crossing tube ghotected by a concrete slab that will be anticipateddesiged the existing water mains will p and constructed as part of this contract. 3.0 AGENCY COORDINATION This element of the work includes efforts to coordinatethe project the City development mens with the known project stakeholders. Known key stakeholdersand the City of Tukwila, Sound Transit, BNSF Railway,Union Pacific Railroad (UPRR), Boeing Company. ect stakeholders. The purpose of • Facilitate one session to be attended by all key proj this meeting is to bring the stakeholders up to speed bpn development of the determine issues,procedures, and processes toe followed project. • Assist the City in coordination with the key stakeholders within the project vicinity. A total of 10 meetings is are assumed • Meet individually with representatives of the key stakeholders, and with Page 10 DOT Form 140-089 EF Revised 6/05 ^r. \Renton\SW 27th-Strander Blvd Ex\SW 27th Strander LAG 7-9-08 doc representatives of each of the developed private properties to keep them informed of v``, the project progress and to coordinate construction efforts. • The Consultant will coordinate with the UPRR on both a local staff level and the corporate level. This contract assumes two meeting at UPRR Corporate in Omaha, Nebraska and up to four meetings at UPRR regional offices in Portland, Oregon Coordination meetings with the railroads will also include structural, right-of-way, utility, easements/permits, and other issues related to the project that may require railroad review and approval. • Coordinate with Sound Transit for a Temporary Construction Easement on Sound Transit's property for the purpose of depositing material for the ultimate relocation of the Union Pacific Railroad tracks. • Facilitate an Exchange Agreement between Sound Transit and Union Pacific for the relocation of the existing Union Pacific Railroad tracks. • Facilitate the appraisal update on 5.59 acres owned by Tukwila that was previously appraised by The Appraisal Group of the Northwest. • Facilitate an agreement between a Tukwila developer who owns the property north of the existing Sound Transit property and the City of Renton, regarding property rights associated with the future relocation of the existing Union Pacific tracks on property which will be owned by the City of Renton. 4.0 RIGHT-OF-WAY PLAN PREPATION Using the right-of-way and property information gathered and prepared in the previous phase of work, prepare right-of-way plans and documentation for the purpose of acquiring right-of-way to relocate the UPRR railroad and vacate the existing UPRR right- of-way. The new right-of-way will be a parallel 100' strip adjacent to the BNSF right-of- way. Assumptions: • A Record of Survey right-of-way plan will be required for the project. • Right-of-way map will require no more than three sheets at 1"=100' scale (including vicinity/cover sheet). • Title Reports to be obtained by consultant 'sir DOT Form 140-089 EF Revised 6/05 Page 11 J 1Contracts lTransportation Design\Renlon\SW 27thStranderBlvd Ex\SW 27th Strander LAG 7-9-08 doc -of-wa plan review will require no more than two preliminary submittals. • City right Y Research: 41010 • s legal descriptions. Acquire copies of adjacent property g on-line research at County Auditor's office to acquire n n iesmoa Records of • Perform or legal description Survey and other pertinent recorded survey g Legal Descriptions:• boundaries based upon Title Reports, Analyze and calculate three propertfeted and documents of record. subdivision survey previously comp • Prepare legal descriptions of up to three parcels for right-of-way acquisition; stamped by licensed Professional Land Surveyor. le al descriptions of up to three railroad parcels for acquisition by City of • Prepare g Renton and vacation to adjoining landowner. Mapping:• above, stamped by Prepare 8 1/2"by 11" map for each legal description prepared licensed Professional Land Surveyor. i • Provide 1 copy of each map to the City • Prepare Record of Survey map as required in RCW 58.09. • File original Record of Survey with County Recorder. Deliverables: • 2 copies of Record of Survey map. of each legal description and parcel map prepared and stamped by a PLS. • One co py 5.0 CONTRACT PLANS AND SPECIFICATIONS ontracts. Phase 1 will The railroad relocation will be phase m incoclude the railroad embankment and allow settlement for 6-8-complete the UP as 2 will R include final shaping, structures, and stormwater design to c p relocation. This contract is for Phase 1 only. 60%, 90% and Final. It is assumed that the Plans will be submitted in three submittals, 34" sheets at 1-inch = 50-inch scale plans will fit on five"base sheets", utilizing 22" by Nosoi Page 12 DOT Form 140-089 EF Revised 6105 r .,taonton\SW 27th-Strander Blvd Ex\SW 27th Strander LAG 7-9-08 doc and will be based upon 30%plans prepared previously. The 60%plans will include plan and profiles of the track work. Construction details and notes may be missing 60% submittal. At the 90% submittal, the set will include a summary of quantities and specifications. The 90% submittal will be a complete set of documents, ready for construction with only minor revisions and edits needed. Final contract plans and document will be submitted as one set of camera ready plans and specifications provided to the City for use in reproduction. ASSUMPTIONS Certain assumptions have been made in the preparation of this scope of services. They are summarized as follows: • Contractor forces will perform all construction except for track and signal/communication work within railroad rights-of-way. • Final engineering, design, and construction required to relocate fiber optic cables that may be impacted by this project are not included in this agreement. This work will be done by the respective utilities. • Track improvements will be designed in accordance with the applicable standards of the Federal Railroad Administration (FRA) and American Railway Engineering and Maintenance-of-Way Association (AREMA) and design criteria of the BNSF and UPRR. Sheet list: • COVER SHEET(1 sheet, not to scale) • LEGEND AND ABBREVIATION (1 sheet, not to scale) • TYPICAL SECTION (1 sheet, not to scale) • SURVEY AND ALIGNMENT CONTROL PLAN (2 sheet, not to scale) • EROSION/SEDIMENT CONTROL PLAN (5 sheet, 1"=20' scale) • TRACK PLANS AND PROFILES (5 SHEETS) • GRADING PLANS & CROSS SECTIONS/DETAILS (8 sheets). • DRAINAGE AND UTILITY PLANS (3 sheets). • OPINION OF COST • SPECIFICATIONS The contract specifications will be a complete bid package based upon the 2008 WSDOT APWA Standard Specifications, including contract documents, amendments, special provisions, standard plans, and wage rates. DOT Form 140-089 EF Revised 6/05 Page 13 J 1Contracts1Transponation Design1Renton\SW 27th-Strander Blvd ExISW 27th Strander LAG 7-9-08 doc TIME FOR COMPLETION .44111 The work under this contract necessary to complete the plans aadispetime for revcations be to the ns completed by December 31, 2008. The City mayq authorize ro ect funding and/or construction contract plans after that date as maybe required byp j construction sequencing. SUBCONSULTANTS: The following subconsultants will be used to assist in accomplishment of the work: • David Evans and Associates (DEA). —Railroad Design and Survey NOTICE OF MEETING REQUIRING CONSULTANT PARTICIPATION: MINIMUM Consultant will normally be given a minimum of 24-hour notice of required meeting attendance. ITEMS TO BE PREPARED AND/OR FURNISHED BY THE CONSULTANT: 1. Copies of minutes of meetings. 2. Monthly progress reports and invoices. 3. Copy of work plan. 4. Copies of QA/QC documents for submittals. 5. List of requested pothole locations. 6. Five half-size copies ofulOs sizeans and opinion of PS&E submittal cost. 7. Ten half-size and two 8. Ten half-size and two fulls Ebid docusubmittament reproduction. l. 9. Camera-ready plans andspecifications fo 10. Fish and Wildlife Technical DisciplineNEPAReport for NEPA ECS 11. Wetland Discipline Report for 12. Revised NEPA ECS ITEMS TO BE FURNISHED BY THE CITY: 1. All available "As-Built" and utility information. 2. Existing right-of-way plans and legal descriptions. 3. Drafting standards for preparation of right-of-way and PS&E plans. Standards include CADD layer/line-type/symbol conventions, font specifications, titdsue rvoc collector s, line weights, plot setups, CADD project file naming conventions, codes. general special provisions, summary of quantity 4. Current amendments, State and City P spreadsheet, standard item table andtract boiler plate requirements. 5. Title reports for all parcels along theco 6. Printing of bid sets for advertisement. Page 14 DOT Form 140-089 EF RevtSed 6/05 27th-Strander Blvd Ex\SW 27th Strander LAG 7-9-08 doc 7. Three (3) complete sets of bid documents DESIGN CRITERIA: Reports and plans, to the extent feasible, shall be developed in accordance with the latest edition and amendments of the following: 1. AASHTO 2001, "A Policy of Geometric Design of Highways and Streets." 2. Washington State Department of Transportation, "2008 Standard Specifications for Road, Bridge and Municipal Construction." 3. Washington State Department of Transportation, "Design Manual." 4. Washington State Department of Transportation, "Materials Laboratory Outline." 5. Washington State Department of Transportation, "Construction Manual." 6. Washington State Department of Transportation, "Local Agency Guidelines." 7. Highway ResearchBoard's Manual entitled "Highway Capacity." 8. FHWA and Washington State Department of Transportation, "Manual on Uniform Traffic Control Devices for Streets and Highways." 9. Standard drawings prepared by City of Renton and furnished to the Consultant shall be used as a guide in all cases where they fit design conditions. 10. AASHTO "Guide for the Development of Bicycle Facilities." 11. WSDOT Highway Runoff Manual 12. WSDOT Hydraulics Manual 13. King County Surface Water Design Manual 'wow 14. Renton Standard Plans & Specifications 15. Department of Ecology Stormwater Management Manual for Western Washington, 2001 16. Union Pacific Railroad Design Standards 17. BNSF Railway Design Standards 18. American Railway Engineering and Maintenance of Way Association "Manual for Railway Engineering" *41111, DOT Form 140-089 EF Revised 6/05 Page 15 J\Contracts\Transportation DesignlRenton\SW 27th-Strander Blvd Ex1SW 27th Strander LAG 7-9-08 doc Exhibit C Electronic Exchange of Engineering and Other Data *401.0 Ie the agency, as applicable, is to provide a descriptioission n of the the he format and fo standards handards consultant this Exhibitgelectronic files is to use in preparing are not limited to for following: Surveying, to be provided may 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 [II. Methods to Electronically Exchange Data A. Agency Software Suite Nosie B. Electronic Messaging System C. File Transfers Format Page 16 DOT Form 140-089 EF Revised 6/05 27th-Strander Blvd Ex\SW 27th Strander LAG 7-9-08 doc Nom,,,, Exhibit D-1 Payment (Cost Plus a Fixed Fee) • 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 specified in Section 11, "Scope of Work". The CONSULTANT shall conform to all applicable portions of48 CFR Part 31. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, overhead, direct non-salary costs, and fixed fee. I. Direct Salary Costs: The Direct Salary Cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Overhead Costs:Overhead Costs are those costs other than direct costs, which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payment shall be made at the rate shown in the heading of this AGREEMENT under"Overhead Progress Payment Rate." Total overhead payment shall be based on the method shown in the heading of the AGREEMENT. The two options are explained as follows: a. Fixed Rate: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT for overhead at the percentage rate shown. This rate shall not change during the life of the AGREEMENT. b. Actual Cost: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT the actual overhead costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summary of the CONSULTANTS cost estimate and the overhead computation is shown in Exhibit"E"attached hereto and by this reference made apart of this AGREEMENT. When an Actual Cost method is used, the CONSULTANT(prime and all sub-consultants)will submit to the AGENCY within six(6)months after the end of each firm's fiscal year, an overhead schedule in the format required by the AGENCY (cost category,dollar expenditures,etc.)for the purpose of adjusting the overhead rate for billing purposes. It shall be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's overhead cost to reflect the actual rate. Failure to supply this information by either the prime CONSULTANT or any of their sub-consultants shall cause the AGENCY to withhold payment of the billed overhead costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY, STATE and/or the Federal Government may perform an audit of the CONSULTANT'S books and records at any time during regular business hours to determine the actual overhead rate, if they so desire. Nitioe DOT Form 140-089 EF Revised 6/05 Page 17 J 1Contracts\Transportation Design Renton\SW 271h-Strander Blvd Ex1SW 27th Strander LAG 7-9-08 doc at Direct Non-Salary Costs: Direct Non-Salary Costs i nbeot reimbursed ed se the fhelActualiCost to the el, 3. include, CONSULTANT. These telephone,chargnmay supplies,computer charges and fees of sub-consultants. Air by irhe or train long willdistbeeeimbsed olyclass levels unless otherwise approved or train travel will be reimbursed only to eco i°with the rules and regulations regarding travel AGENCY. The CONSULTANT shall comply accordance with the AGENCY'S Travel Rules costs(excluding air,train,and rental car costs)•m and Procedures. However,air,train,and rental car r o t shall be Ctmburs billingnac o dancect e with h 48 Code of Federal Regulations(CFR)Part 31. office. Copies of the original supporting Non-Salary Costs shall include an itemized the original supporting documents in their listing of the charges directly identifiable with he PROJECT. The CONSULTANT shall maintaindocuments shall be supplied to the AGENCY upon request. All above charges must be necessary for the services provided under this AGREEMENT. 4. Fixed Fee:The Fixed Fee,which represents the CONSULTANT'S profit, is shown in the heading of this AGREEMENT under Fixed Fee. anaThis amountmRees serve not include snyeadd bond on Fixed Fee, which could be authorized form thegrsupplemental the Scope of Work defined in this AGREEMENTnt ke CONSULTANT enters and the estimated mora red to perform the stated Scope of Work. In the supplemental AGREEMENT may include provisions AGREEMENT for additional work,theedd Feee CONSULTANT and reportedpaid for the added costs and an appropriate additional fee. The Fixed will be prorated and to the percentage of work completed by monthly in proportion the billings. Any portion of the Fixed Fee progress payments will be covered in the final payment, in the Monthly Progress Reports accompanying earned but not previously paid in the reement." subject to the provisions of Section IX entitled"Termination of Ag dReserve Fund:The AGENCY may desire to establish a Management Reserve 5. ManagementAgreement Administrator with the flexibility to authorize additional funds Fund to provide the the CONSULTANT for to the AGREEMENT for allowable unforeseen costs,or reimbursing additional work beyond that already defined int is G EoE 10%MENTT.the STotaluch autAmount horization(s)shall be in writing and shall not exceed the lesser o $ for Authorized as shown in the heading°,n the heading of this AGREEMENT his AGREEMENT. The amount included not Management Reserve Fund is shown Management Reserve be replenished. Any changes requiring additional costs in excess of the Manab Fund shall be made in accordance with Section XIV,"Extra Work." the AGENCY to tal Payable by 6. Maximum TotalLTAmount dePayable:sAGREEMENT sh to not exceedtthe amount shown in the the CONSULTANT ual comprised of the Total heading of Authorized, AGREEMENT.and the Management Reserve tFund. The Maximum Total Amount Amount does not include does not include payment for Extra nder thisk as tAGREEMENTipulated in 10nn XIV,"Extra Work." No minimum amount payable is guaranteed t billings g. Monthly Progress Payments:The CONSULTANT ted overhead and fee on ao the AGENCY as s during the reimbursement of Actual Costs plus the ca by the AGENCY and accompanied • progress of the work. Such billings shall be in a format approved rements" of this • by the monthly progress reports required under bytion Ill,an itemized eneral listingfor each item including Direct AGREEMENT. The billings, will be supported employees,the Salary,Direct Non-Salary,and allowable Overheadsalary Cocost�for CONSULTANT emeP prorated Fixedes Fee. To provide ao means verifying t the h 1ews. These interviews may consist of recording the names, AGENCY may conduct employeeto performing work on the PROJECT at the time titles,salary rates, and present duties of those employees of the interview. 4009 Page 18 DOT Form 140-0B9 EF Revised 6105 J\Contracts\Transportation Design\Renton\SW 27th-Strander Blvd Ex\SW 2719 Strander LAG 7-9-08 doc *'""'` C. 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 final audit, all required adjustments will be made and reflected in a final 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 final POST AUDIT to begin the appeal process to the AGENCY for audit findings. D. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY, STATE and the United States, for a period of three(3) years after receipt of final 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. qtr DOT Form 140-089 EF Revised 6/05 Page J J\Contracts\Transportation Design\RentonlSW 27thStranderBlvd Ex SW 27th Strander LAG 7-9-08 doe ibit E—Consultant Fee ESUFEE DETERMINATIONn CONSULTANTetermination -Perteet,Inc. 1110 Project: Strander Blvd.Stage 2a-UPRR Realignment Client: Renton Rate Cost Principal-In-Charge(E-7) Hours $1,083 Classi__ fication 19 x $57.00 = 289 x $55.00 = $15,895 Associate(E-6) x $49.00 = Senior Project Manager(E-5) x $42.00 = Project Manager(E-4) 76 x $42.00 = $3,192 Project Engineer(E-3) 190 x $28.00 = $5,320 Design Engineer(E-I) 150 x $34.00 = $5,100 CADD Operator/Tech(T3) 140 x $24.00 = $3,360 Clerical TOTAL DSC = $33,950 OVERHEAD (OH COST- including Salary Additives): x $33,950 = $58,554 OH Rate x DSC 172.47/° FIXED FEE(FF): ° x $33,950 = $10,864 FF Rate X DSC 32/° REIMBURSABLES: Title Reports $1,000 Printing 00 Mileage @ Current Federal Rate $1,$1,6600 CADD @$10/hr $500 Travel Expenses = $4,600 Misc SUBCONSULTANTS = $ 161,966 DEA, Inc. = $ 269,934 SUBTOTAL: ., MANGEMENT RESERVE: _ $ 269,935 GRAND TOTAL: rKCrHKGu 13 T : van riansen/reter ue tiolut DATE: 26-Aug-08 Nilli Page 20 DOT Form 140-089 EF Revised 6105 J\Contracts\Transportation Design\Renton\SW 27th-Strander Blvd Ex\SW 27th Strander LAG 7-9-08.doc Exhibit G �..• Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: David Evans and Associates (DEA). —Railroad Design and Survey err stow DOT Form 140-089 EF Page 21 Revised 6/05 J\Contracts\Transportation Design\Renton\SW 27th-Strander Blvd Ex\SW 27th Strander LAG 7-9-08 doc Exhibit"6-1" David Evans&Associates,Inc. Nmi Consultant Fee Determination-Summary Sheet Project: Strander Boulevard-Phase 2 Client: City of Renton/Perteet,Inc. HOUR ESTIMATE Classification Hours Rate Cost Final Railroad Construction Documents Project Manager 208 x $62.00 = $12,896 Senior Engineer 64 x $52.00 = $3,328 Senior CADD Techniciat 112 x $34.00 = $3,808 Project Administrator 16 x $30.00 = $480 Admin Assistant 92 x $21.00 = $1,932 R/W Plans& Parcel Acquisition Descriptions Surv. Mngr 70 x $55.00 = $3,850 Sr. PLS 280 x $38.00 = $10,640 Surv.Tech. 248 x $29.00 = $7,192 Party Chief 72 x $28.50 = $2,052 Inst. Person 72 x $22.00 = $1,584 Admin. Asst. 40 x $25.00 = $1,000 TOTAL HOURLY COST = $48,762 OVERHEAD(OH COST- including Salary Additives): OH Rate x DSC 177.29% x $48,762 = $86,450 FIXED FEE(FF): FF Rate X DSC 32% x $48,762 = $15,604 REIMBURSABLES: Mileage/Co. vehicle $1,300 Postage/Delivery $1,000 Research Docs, Reports, etc. $1,200 Reprographics/copying $1,850 Travel Expensese $5,800 TOTAL REIMBURSABLE COST = $11,150 GRAND TOTAL: _ $161,966 DOT Form 140-0B9 EF Page 22 Revised 6/05 J\Contracts\Transportation Design\Renton\SW 27th-Strander Blvd Ex\SW 27th Strander LAG 7-9-08 doc David Evans and Associates, Inc. ```., 2008 Provisional FAR Overhead Rate Indirect Labor $ 19,781,684 Labor Burden $ 24,239,089 Administrative Expenses Public Relations Expense _ Selling Expense 314,880 Occupancy 8,115,818 Communications 1,672,039 Supplies 1,768,186 Publications and Memberships 419,034 Computer and Printer Costs 1,818,406 Vehicle Expenses 2,157,073 General Administrative 796,165 Training Expenses 1,867,233 Employee Recruiting and Retention 624,494 Professional Services 1,878,829 Business Insurance 1,179,973 Taxes,Licenses and Fees 844,228 Depreciation and Amortization 1,915,307 Bad Debt Expenses _ Contributions - Miscellaneous Expenses (4,390) 401K and ESOP Contributions 1,059,597 Profit Sharing Expenses 6,282,137 Interest Expense _ Finance Charges - Gain or Loss on Sale of Fixed Assets (7,526) Rental Income-External (72,345) Miscellaneous Other Income (181,975) Net Gain on Sale of Building 158,923 Income Taxes 145,010 Total Administrative Expense $ 32,751,097 Total All Overhead Expenses $ 76,771,870 Rate Calculations Direct Labor $ 43,304,008 FAR Overhead Rate 177.29% 2008 Provisional Rate 177.29% Facilities Capital Cost of Money(FCCM) 0.86% FY 2008 Combined Overhead and FCCM Rate 178.15% "*2008 Provisional Rates are based on 2007 Actuals fire DOT Form 140-089 EF Page 23 Revised 6/05 J 1Contracts\Transportation Design\Renton\SW 27th-Strander Blvd Ex\SW 27th Strander LAG 7-9-08 doc Exhibit H Title VI Assurances Niaol During the performance of this AGREEMENT,the CONSULT-ANT, 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 by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race,color,sex or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto,and shall permit access to its books, records,accounts, other sources of information,and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration(FHWA)to be pertinent to ascertain compliance with such REGULATIONS,orders and instructions. Where any information required of a CONOSULTANT is in the exclusive possession of another who fails or refuses to furnish this information,the CONSULTANT shall so certify to the AGENCY, STATE 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 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 of 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 STATE 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. Nod DOT Form 140-089 EF Page 24 Revised 6/05 J 1Contracts\Transportatwn Design\Renton\SW 27th Strander Blvd Ex\SW 27th Strander LAG 7-9-08 doc Exhibit I %ow 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 `fir AGREEMENT. Costs 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. Sow DOT Form 140-089 EF Page 25 Revised 6/05 J\Contracts\Transportation Design\Renton\SW 27th-Strander Blvd Ex\SW 27th Strander LAG 7-9-08 doc Exhibit J Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a 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 is 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 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. NIS 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 manager 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 for the services on the project in which the design error took place. The agency is to provide H&LP, through the Region Local Programs DOT Form 140-089 EF Page 26 Revised 6/05 J\Contracts\Transportation Design\Renton\SW 27th-Strander Blvd Ex\SW 27th Strander LAG 7-9-08 doc 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. • 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 Document to Highways and Local Programs For federally funded projects all available information, including costs, should be forwarded though the Region Highways and Local Programs Engineer to H&LP for their review and consultation with the FWA. 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 also 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. DOT Form 140-089 EF Page 27 Revised 6/05 J\Contracts\Transportation Design\Renton\SW 27th-Strander Blvd Ex SW 27th Strander LAG 7-9-08 doc Exhibit K Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s)on a consultant agreement. The following 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 r004 • 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 request to the Agency's project manager. The project manager will review the consultant's claim and will meet with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If 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)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 is needed regarding the claim procedures. If the agency does not agree with the consultant's claim,proceed to step 3 of the procedures. *4801/ DOT Form 140-089 EF Page 28 Revised 6/05 J\Contracts\Transportation Design\Renton\SW 271h-Strander Blvd Ex\SW 27th Strander LAG 7-9-08 doc 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 Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim,of portions thereof,which may include getting Agency Council or 'Now Commission approval(as appropriate to agency dispute resolution procedures). If the project involves federal participation,obtain concurrence from WSDOT Highways and Local Programs and FH WA regarding final 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 final decision regarding the consultant's claim(s). Include the final 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 final payment for the agreement is subject to audit. DOT Form 140-089 EF Page 29 Revised 6/05 J\Contracts\Transportation Design\Renton\SW 27th-Strander Blvd Ex\SW 27th Strander LAG 7-9-08 doc Exhibit L (To Be Used Only If Insurance Requirements Are Increased) Neiri The professional liability limit of the CONSULTANT to the AGENCY identified in Section XIII,Legal Relations and Insurance of this Agreement is amended to$ The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of$ Such insurance coverage shall be evidenced by one of the following methods: • Certificate of Insurance. • Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. Self-insurance through documentation of a separate fund established exclusively fro the payment of professional liability claims, including claim amounts already reserved against the fund,safeguards established for payment from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for those funds. Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed $1 million per occurrence or the value of the contract,whichever is greater,then justification shall be submitted to the Federal Highway Administration(FHWA) for approval to increase the minimum insurance limit. If FHWA approval is obtained,the AGENCY may,at its own cost,reimburse the CONSULTANT for the additional professional liability insurance required. Notes: Cost of added insurance requirements: $ • Include all costs, fee increase,premiums. • This cost shall not be billed against an FHWA funded project. • For final contracts, include this exhibit. Nomil DOT Form 140-089 EF Page 30 Revised 6/05 J 1Conlracts\Transpodation Design\Renton\SW 27th-Slrander Blvd Ex\SW 27th Slrander LAG 7-9-08 doc Exhibit M-1(a) Certification of Consultant I hereby certify that I am Crystal L. Donner, P.E. and duly authorized representative of the firm of Perteet, Inc. whose address is 2707 Colby Avenue, Suite 900, Everett, WA 98201 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. err►° 2 ic)b Date Signature NNW DOT Form 140-089 EF Page 31 Revised 6/05 J\Contracts\Transportation Design\Renton\SW 27th-Strander BIv t Ex SW 27th Strander LAG 7-9-08 doc Exhibit M-1(b) Certification of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of the 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. 013(v._7 / Date Signature .410101 DOT Form 140-089 EF Page 32 Revised 6/05 J\Contracts\Transportation Design\Renton\SW 271h-Strander Blvd Ex\SW 27th Strander LAG 7-9-08 doc • Exhibit M-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions 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 by any 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 embezzlement, theft,forgery,bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for 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 New certification, such prospective participant shall attach an explanation to this proposal. Consultant(Firm): Perteet, Inc. ° e427/a0 (Date) ' (Signature)President or Authorized Official of Consultant gilp' DOT Form 140-089 EF Page 33 Revised 6/05 J\Contracts\Transportation Design\Renlon\SW 271h-Strander Blvd Ex\SW 27th Strander LAG 7-9-08 doc Exhibit M-3 Certification Regarding the Restrictions 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 office 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, 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-LL, "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 $10,000 and that all such subrecipients shall certify and disclose accordingly. Consultant(Firm): Perteet, Inc. otliZ7/02› (Date) (Signature)President or Authorized Official of Consultant DOT Form 140-089 EF Page 34 Revised 6/05 J\Contracts\Transportation Design\Renton\SW 27th-Strander Blvd Ex\SW 27th Strander LAG 7-9-08 doc Exhibit M-4 �,... Certificate of Current Cost or Pricing Data This is to certify that, to the best of 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 * are accurate, complete, and current as of **. 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 Perteet, Inc. Name Crystal L. Dormer, P.E. Title Executive Vice President Date of Execution*** 0-27-0K * 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 *awe 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. Niro, DOT Form 140-089 EF Page 35 Revised 6/05 J\Contracts\Transportation Desgn\Renton\SW 27th-Strander Blvd Ex\SW 27th Strander LAG 7-9-08 doc t l..II T Ur KCINIVIN PUBLIC 'KS TRANSPORTATION ,TEMS DIVISION ( 2009 -2014 SIX-YEAR TIP SW 27th Street/Strander Boulevard Connection Functional Classification: Minor Arterial Fund: 317 Proj. Length: 1.27 miles Proj: 12239, 12240 TIP No. 8 CONTACT: Rob Lochmiller 425.430.7303 DESCRIPTION: STATUS: This project provides a critical four/five-lane arterial that will serve as a connector to West Valley Highway The 30%design includes the environmental documents,base-mapping,road sections,and (SR-181)and East Valley Road, as well as an arterial connector to SR-167 from the south.The project will project phasing. $1,000,000 was received from the General Fund in 2003. Grants have provide a grade-separated crossing at the Union Pacific Railroad(UPRR)and Burlington Northern Santa included:TEA-21 funds of$745,563(2003)and$2,398(2005);federal discretionary funds Fe(BNSF)railroad tracks. Segments 1 and 2 include from West Valley Hwy to East Valley Road. Right-of- of$737,946 and STP-N funds of$94,420 for Ph. 1,Seg.2a 100%design(2006).Railroad way includes:City of Renton-$2.5 million,City of Tukwila-$0.8 million. Donated ROW: Sound Transit- track realignment to be completed in 2009. $55,000(not included). JUSTIFICATION: CHANGES: A new east-west arterial roadway will connect the cities of Renton and Tukwila,and provide significant Ph. 1, Seg. 1,construction is complete,and has been paid with approximately congestion relief to existing arterials. The new road will provide direct access to the new Tukwila Station, a $3 M in bonds. Both FMSIB and Sound Transit are contributing$4 M each to various multi-modal center being developed immediately north of the new alignment,and to the Boeing Longacres elements of the project.The City was awarded$684,380 of federal discretionary site. The eventual direct HOV connections to southbound SR 167 will provide significant advantages to funds($679,844 allocated to-date)and$4.6 M of STP Regional funds. Of the$5.5 M HOV and transit usage. Bycrossingover the UPRR and BNSF railroads,the new arterial willprovide the SWOT 27thMopry grant elements awarded for the Sound Transitstation,Transit, s will n.bused for g the SW project directly related to the Sound station. significant benefits to both freight mobility and general motorists. $500,000 Metro mit reserve to be approved by Council. 1 Funded:L 27,772,897j_ Unfunded:1 26,987,531, Project Totals Programmed Pre-2009 Six-Year Program ITEM Programmed Spent Pre-2008 2008 Total 2009 2010 2011 2012 2013 2014 EXPENSES: Planning 60,000 10,000 50,000 10,000 10,000 10,000 10,000 10,000 Preliminary Engineering 5,753,186 2,194,386 510,000 3,048,800 1,086,600 1,616,900 345,300 R-O-W(includes Admin) 3,585,000 2,500,000 800,000 285,000 167,000 59,000 59,000 Construction 38,095,400 - 7,970,000 30,125,400 7,400,000 4,000,000 9,000,000 9,725,400 Construction Services 4,257,400 790,000- 3,467,400 800,000 560,000 1,000,000 1,107,400 Phase 1, Seg 1 design and cons 3,009,442 3,009,442 TOTAL EXPENSES 54,760,428 7,703,828 10,080,000 36,976,600 8,210,000 1,096,600 1,626,900 5,082,300 10,069,000 10,891,800 SOURCES OF FUNDS: Vehicle Fuel Tax Business License Fee Gen Fund&Prop.Fund Balance 575,000 575,000 Grants In-Hand(State&Fed) 2,260,382 1,092,262 1,058,143 109,977 109,977 Grants In-Hand(FMSIB) 4,000,000 2,000,000 2,000,000 _ 2,000,000 Mitigation In-Hand 2,673,411 2,673,411 _ Bonds 2,799,500 2,799,500 Other:Sound Transit+FRB+Tukwila(RO' 8,364,604 563,655 3,300,949 4,500,000 3,200,000 _ 300,000 300,000 700,000 Grants In-Hand(STP Grant) 4,600,000 3,100,000 1,500,000 1,300,000 200,000 Grants In-Hand(WSDOT Mobility) 2,500,000 620,908 1,879,092 1,710,000 21,573 147,519 _ Grants Proposed(T.I.B.) 5,000,000 5,000,000 500,000 2,500,000 2,000,000 Other Proposed Undetermined 21,987,531 21,987,531 765,050 979,381 2,282,300 7,769,000 10,191,800 TOTAL SOURCES 54,760,428 7,703,828 10,080,000 36,976,600 8,210,000 1,096,600 1,626,900 5,082,300 10,069,000 10,891,800 wander C0 necton 07/23/2008 336 PM 5-8 FINAL a f CITY OF RENTON COUNCIL AGENDA BILL g 1m#: C1 ,. 6 4040,1 Submitting Data: Public Works Department For Agenda of: Dept/Div/Board.. Transportation Systems Division September 8, 2008 Staff Contact Derek Akesson, x7243 Agenda Status Consent X Subject: Public Hearing.. Rainier Avenue South - Grady Way South to South Correspondence.. 2nd Street Ordinance KPG, Inc. Design Contract CAG 06-082 Resolution Supplemental Agreement No. 4 Old Business Exhibits: New Business X Issue Paper Study Sessions Supplemental Agreement No. 4 Information TIP #7 (2009-2014) - Vicinity Map Recommended Action: Approvals: Legal Dept X Council Concur Finance Dept Other I Fiscal Impact: (Fund 317.12703) killExpenditure Required... $ 0 Transfer/Amendment Amount Budgeted $ 13,640,000 (2008) Revenue Generated $ 0 Total Project Budget $ 33,375,675 (2009-2014) City Share Total Project.. SUMMARY OF ACTION: The purpose of Supplemental Agreement No. 4 is to extend the completion date for the design contract with KPG, Inc. The current contract completion date is September 30, 2008. Supplemental Agreement No. 4 also corrects the new maximum amount payable from $1,569,372 to $2,753,725. The new maximum amount payable for Supplemental Agreement No. 3 is $1,569,372. This is for 30 percent design of the revised Rainier Avenue project. Supplemental Agreement No. 3 amended the KPG, Inc. design contract for the original Rainier/Hardie project. The new maximum amount payable is needed to include the KPG invoices paid for the original Rainier/Hardie project. The KPG, Inc. invoices paid for the original Rainier/Hardie project totaled $1,184,353. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute Supplemental Agreement No. 4 to the design contract with KPG, Inc. for the Rainier Avenue South- Grady Way to South 2nd Street Project (TIP #7) to extend the contract completion date and correct the amount listed for the new maximum 44600 amount payable. H:\Division.s\TRANSPOR.TAT\DESIGN.ENG\PROJECTS\T12703-Rainier Ave-Grady Way to S.2nd St\TED 40_3430(Rainier Ave.Street Improvements)\City\Agenda Bill-KPG Supplement Agreement No.4 corrected.doc ,,<CYo PUBLIC WORKS DEPARTMENT • ' MEMORANDUM DATE: September 8, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: --Pi-, Denis Law,Mayor (te- FROM: Gregg Zimmerman,Public Works Department AdministktArn STAFF CNTACT: Derek Akesson, Transportation Design Project Manager (x7243) SUBJECT: Rainier Avenue South - Grady Way to South 2nd Street KPG,Inc.Design Contract CAG 06-082 Supplemental Agreement No. 4 ISSUE: Should the Council authorize the Mayor and City Clerk to execute Supplemental Agreement No. 4 to the design contract with KPG, Inc. for the Rainier Avenue South-Grady Way to South 2nd ;,r,. Street Project(TIP #7)to extend the contract completion date and correct the amount listed for the new maximum amount payable? RECOMMENDATION: Authorize the Mayor and City Clerk to execute Supplemental Agreement No. 4 to the design contract with KPG, Inc. for the Rainier Avenue nd correct the amounlisted for the ew maximum (TIP #7)to extend the contract completion date a amount payable. BACKGROUND: In 2004,the Washington State Transportation Improvement Board(TIB) awarded $2.2 million to the City for street improvements to Rainier Avenue South from South 4th Place to South 7th Street. These improvements included an additional northbound lane on Rainier Avenue South from South 7th Street to South 4th Place and the replacement of the BNSF railroad bridge over Rainier Avenue South. In 2005, DMJM Harris was awarded a design contract for preliminary engineering. In 2006, DMJM Harris was awarded a design contract for final engineering. In 2006, at 30 percent design, the project cost was estimated to be $9 million, including the replacement of the BNSF railroad bridge over Rainier Avenue South. Marcie Palmer,Council President Members of the Renton City Council Page 2 of 3 September 8,2008 In 2005, Sound Transit agreed to fund $14.9 million to design and construct business access and transit (BAT) lanes on Hardie Avenue SW along with improvements to SW Sunset Boulevard to improve transit mobility through the Rainier Avenue corridor. In 2006, the TIB awarded $1.9 million to the City for street improvements to Rainier Avenue South from South 2nd Street to South 4th Place. These two projects were combined into one design contract with KPG, Inc. In 2005, the project cost was estimated to be $21.6 million, including the replacement cost of the BNSF railroad bridge over Hardie Avenue SW. In spring 2007, as the 30 percent design was nearing completion, the estimated project cost increased to $30.2 million. The City had no funding available to cover the cost increase, so other options were discussed. The preferred option was to abandon the Hardie Avenue SW project and shift the BAT lanes to Rainier Avenue South from South 2nd Street to South Grady Way. The cost of this option was estimated to be $30 million, including the replacement of the BNSF railroad bridges over Hardie Avenue SW, Rainier Avenue South, and Shattuck Avenue South. This option also afforded the City the opportunity to combine funds from the TIB and Sound Transit into one project. When this option was presented to Sound Transit, Sound Transit stated that the revised project was "clearly superior" for transit mobility through the Rainier Avenue South corridor. Since KPG and DMJM Harris were designing separate segments of Rainier Avenue South and had progressed to 30 percent design for each, it was deemed cost effective to retain both consultants for the revised project. The difficulty was in determining the work division. Since it is problematic to design adjacent segments of a street with one alignment, it was decided to divide the work into design phases. The first phase of the design is the Preliminary Engineering and Environmental Documentation(PE/ED)phase (up to 30 percent). The second phase is the Plans, Specifications and Estimate (PS&E)phase (100 percent). KPG was selected to lead the PE/ED phase of the design for the revised Rainier Avenue project. The maximum amount payable of the original design contract with KPG was $2,736,425, including $414,536 in management reserve. Supplemental Agreement No. 1 authorized $200,000 in additional design for the railroad bridge replacements. When the BNSF Railway Company agreed to take over the design and construction of the replacement railroad bridges over Hardie and Rainier, BNSF required the City to utilize the engineering services of Hanson-Wilson. Since the City did not have an existing design contract with Hanson-Wilson,the design contract with KPG was supplemented to include Hanson-Wilson as a sub consultant. This design work was not eligible for Sound Transit grant funding. Supplemental Agreement No. 2 authorized $25,000 from the management reserve to be used for a Cultural Resources Report, part of the Environmental Documentation for the original project. The original design contract with KPG was modified by Supplemental Agreement No. 3 to cover the revised scope of the Rainier Avenue project. KPG developed a new fee for the revised scope in the amount of$1,569,372. The remaining balance of the original design contract and supplements was forfeited. The scope of work in Supplemental Agreement No. 3 was for 30 percent design of `" ose H.\Division s\TRANSPOR TAT\DESIGN ENG\PROJECTS\T12703-Rainier Ave-Grady Way to S.2nd St\TED 40_3430(Rainier Ave.Street Improvements)\City\Issue Paper-KPG Supplement Agreement No.4.doc Marcie Palmer, Council President Members of the Renton City Council Page 3 of 3 September 8,2008 some, the street improvements to Rainier Avenue South from Grady Way South to South 2nd Street. This included the addition of BAT lanes (northbound and southbound), a free right-turn for northbound transit onto South 3rd Street, an additional left-turn lane for southbound transit onto South 7th Street, an additional right-turn for southbound transit onto Southwest Grady Way, improved transit rider facilities (benches, shelters, information kiosks, etc.), landscaped medians, vehicle left-tu P restrictions, widened sidewalks (including new planter strips and pedestrian-scale lightin rn traffic signals and luminaires, and enhancements to pedestrian crossings. g),new Unfortunately, the new maximum amount payable for Supplemental Agreement No. 3, listed on the standard WSDOT Supplemental Agreement form only covered the fee for the revised scope of work in the amount of$1,569,372. This did not include the KPG invoices previouslyP paid original scope of work for the Rainier Avenue project, in the amount of$1,184,353 The new maximum amount payable listed for Supplemental Agreement No. 3 should have been$2,753,725 ($1,569,372 +$1,184,353). Supplemental Agreement No. 4 corrects the new maximum amount payable. This will not require additional City funds as the entire fee for Supplemental Agreement No. 3 was covered by funding from Sound Transit. Sound Transit authorized $2,500,000 for the PE/ED phase of the design. Sound Transit reimbursed the City for$893,655 of the design for the original Rainier Avenue project, leaving$1,606,345 for the design of the PE/ED phase of the revised project. Supplemental Agreement No. 4 also extends the completion date of the design contract. This is '40110 largely due to the property owner meetings taking longer than anticipated. There are 57 owners the design team wants to meet with to discuss the project. These meetings are crit�a to garnering support for the project amongst the property owners along the corridor. cc: Peter Hahn,Deputy PW Administrator—Transportation Bob Hanson,Transportation Design Supervisor Derek Akesson,Transportation Design Project Manager Juliana Fries, Transportation Program Development Coordinator Connie Brundage,Transportation Administrative Secretary HAD Agreement TRA e OR.TAT\DESIGN.ENG\PROJECTS\T12703-Rainier Ave-Grady Way to S.2nd SPTED 40_3430(Rainier Ave Street Improvements)1City\Issue Paper- Agreement No.4 doe P RPG Supplement 41lib,liel Washington State Department of Transportation Organization and Address Supplemental Agreement KPG,Inc. 753 9th Avenue Number No. 4 Seattle,WA 98109 Original Agreement Number Phone: 206-286-1640 CAG 06-082 Execution Date Completion Date Project Number 6/30/2009 New Maximum Amount Payable Project Title 2,735,725.00 Rainier Ave S - S Grady Way to S 2nd St Description of Work Extend the contract completion date and correct the New Maximum Amount Payable. The Local Agency of City of Renton supplement the agreement entered into with KPG,Inc. desires to Agreement No. CAG 06-082 5/12/2006 and identified as and executed on as expressly modified by this supplement. All provisions in the basic agreement remain in effect exceptP The changes to the agreement are described as follows: ,,,fit I Section 1, SCOPE OF WORK, is hereby changed to read: 11' II TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for Section IV, ' completion of the work to read: III Section V, PAYMENT, shall be amended as follows: • ' •.-• - i 6.1'-4 k° • u ..•u u : Is• a . .• • •• • •S . as set forth in the attached Exhibit A, and by this reference made a part of this supelement. If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. By: By: �``�� 0 Approving Authority Signature Consult- Signa Date DOT Form 140-063 EF oe.dcari 912005 CITY OF RE AN ( PUBLIC WORKS TRANSPORTATION SYSTEMS DIVISION 2009 -2014 SIX-YEAR TIP Rainier Ave. Improvements -Grady Way to S 2nd Street Functional Classification: Principal&Minor Fund: 317 Proj.Length: 0.89 mi Proj: 12703 TIP No. 7 CONTACT: Derek Akesson 425.430.7243 DESCRIPTION: STATUS: Improvements remove barriers,eliminate sub-standard conditions,control and consolidate The Sound Transit(ST)agreement authorizes$14.9 million ST funds for transit access points to existing major businesses,provide an enhanced pedestrian environment. improvements.Two State Pedestrian and Bicycle Safety Grants have been ;Project elements include adding BAT(business access and transit)lanes(north and awarded:$200,000 in 2006 and$230,000 in 2007(to be used for non-motorized 'southbound), removing the BNSF railroad bridge support pier,lowering the roadway to provide improvements). TIB awarded$2,202,000 in Transportation Partnership Program 'standard clearance under the bridge,adding left-turn lanes at intersections,widening sidewalks (TPP)grant funds in 2003.TIB awarded$1,906,200 in Urban Arterial Program(UAP) with streetscaping,adding pedestrian-scale illumination,bollards(at crossings),transit facility grant funds in 2006.$950,000 of mitigation funds must be dedicated to fulfill improvements(shelters,benches,info kiosks),planted buffer strips and landscaped medians. grant requirements to this project. JUSTIFICATION: CHANGES: Rainier Ave is a critical corridor in central Renton with existing operational problems and in need of Design and construction of the main trunk storm water(estimated as$800,000)will be infrasructure enhancements to provide greater ease of non-motorized and transit-based travel.Existing funded by Utilities and are not included in the TIP.Roadway construction is estimated to high level of traffic congestion and accidents. Improvements will enhance traffic flow and reduce accidents. start in 2010. BAT lanes will be provided from S 2nd St to Grady Way southbound and from Grady Way to 5 3rd St northbound. I Funded:1 30,775,675j Unfunded:1 2,600,000 Project Totals Programmed Pre-2009 Six Year Program ITEM Programmed Spent Pre-2008 2008 Total 2009 2010 2011 2012 2013 2014 EXPENSES: Planning _ Preliminary Engineering 5,999,892 1,319,892 2,680,000 2,000,000 2,000,000 R-O-W(includes Admin) 5,100,984 984 100,000 5,000,000 5,000,000 _ Construction 11,129,799 29,799 700,000 10,400,000 6,000,000 3,300,000 1,100,000 Construction Services 1,540,000_ 140,000_ 1,400,000 800,000 400,000_ 200,000 BNSF Bridge-work by others 9,605,000 3,204,607 6,400,393 y TOTAL EXPENSES 33,375,675 4,555,282 10,020,393 18,800,000 7,000,000_ 6,800,000 3,700,000 1,300,000 SOURCES OF FUNDS: _ /ehicle Fuel Tax 40,000 40,000 15,000 20,000 5,000 iusiness License Fee 1,302,887 109,487 100,000 1,093,400 176,600 441,800 350,000 125,000 'roposed Fund Balance 3,480,168 3,480,168 . rants In-Hand(TIB) 4,108,200 399,000 1 3,709,200 , 489,400 1,835,286 998,138 386,376 ;rants In-Hand(WSDOT) 430,000 430,000_ 64,000 208,620 113,460 43,920 litigation In-Hand 2,989,420 399,700 1,311,630 1,278,090 420,000 349,294 218,402 290,394 ther In-Hand(Sound Tran.) 14,225,000 166,927 4,408,763 9,649,310 5,850,000 2,450,000 1,200,000 149,310 _ her In-Hand(WSDOT bridge say 4,200,000 4,200,000 _ 'ants Proposed(T.I.B.) 2,600,000 2,600,000 _ __ 1,500,000 800,000 300,000 her Proposed . idetermined )TAL SOURCES _ 33,375675 4,555,282 10,020,393 18,800,000 7,000,000 6,800,000 3,700,000 1,300,000 ST City funds 07&08 5,045,490 07/3/2008 Y36 PM 5-7 FINAL 1 15 1111 1111 "I 111 1111 '11111 19! - Imo` III 1111 tar it ow l oar sr 11.1101161111111112111111111111111111111111111118111111111111111111111.11111111111111111111111"1".111111111.1111.1111111811111"1111111.1 . • 0 I i `..A NI111101 t r I A, 4 il P 'Tr r 4 ,: 11 .44 ti- 1 4,4444 Ili 1/41 1 N 4 ,-- i : '1•9411'stot* 4 Nigratttot * :: la , •:" 4_-4- 44 4 1d ,r• '---A .,.#- ,.....„:;,e,- .....1 , , ,,,,,\ t 7 / '1,0) 4 ,0 "4 4 * "."' \ \ #r et L ; 1 14:4,1341141 04 / / t ‘ •,* ,,,, ts,i 4 i .1 447 * "' F .. .t$ .4 I- Witty •. t, ''' 'iti , :r; S 44'---11 oltlitt 1.u 74\ .,•-•-* /- •.,A I 4 1:iv _,- t •••-. '4,441"' , ,,tvx.fri4444 --4''' flat .4mr- \ c ''''. ' 444 61 , C4 44''•Ze, , \ \7444-'4,, ---""4" ,..,:q4,,,-,, I , '.- .- ,-) L ,,_.%.,. ..... . „ AYIVA. , .... ....4, , Ili 40014 *t, ‘, I iti itti I OM I tt 'tt t ‘t, orsylittitiztn,it ' ,-•,-, j t 4.4 1174V4;t t 1 :-1 Z Sell ' --*"".'""144 r ' - " . i„. ....,,, \ . -.„.# N. N I &;: ',f.'4444' 4S41444srkb -4'.1,4 44 II --1/4 .TI, % i ‘ 4 \ \ i151,4 , W.10:41 t .,4 1 , tz*-- ..,••• I .1 £,.-.•••• - ...- ,,,•• ,4,4 .04 4,444 ,44,- ..r.-- ' ...,,,•le ut IA .....,—.,.......' .0- -1. . ....- ..•••• ..,--1" —•• 1100 IZAIrSTIE-Ft P6\el 14: S,C:jstiri'l----1 — Nt.eri f,21 rii I y ist4 CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Public Works a Dept/Div/Board.. Transportation Systems Division For Ag Sne•t of: Se t Staff Contact James Wilhoit, x7319 8, 2008 Agenda Statuuss Subject: Consent X Duvall Avenue NE Widening/Coal Creek ParkwaySE Cobric Hearing.. e Reconstruction Project—Undergroundin UtilityOorenondence.. Conversion Construction Agreement with ResolutionOrdinano Comcast IV of Washington, Inc. (Comcast) Exhibits: Old Business Issue Paper New Business X Study Sessions Joint Trench Construction Agreement Between Comcast Information and City of Renton Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept RisFiscal Impact: T12123/f009/0018/00(revenue to T12123/1004/2017/31118){Mana:ement X Expenditure Required $ 83,010 Amount Budgeted $ 83,010 Transfer/Amendment $ _0_ Revenue Generated $ 83,010 Total Project Budget $ 83,010 SUMMARY OF ACTION: Ci Share Total Project $ _0_ The agreement results in the reimbursement to the City by Comcast for costs included in the City's construction contract to underground Comcast communication lines for the Duvall Avenue NE Widening/Coal Creek Parkway SE Reconstruction Project. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the proposed Joint Trench Construction Agreement for Comcast to reimburse the City for its share of undergrounding utility conversion costs, estimated at $83,010, for the Duvall Avenue NE Widening/Coal Creek Parkway SE Reconstruction project. H:\Divisions\TRANSPOR.TAT\DESIGN.ENG\jwilhoitlduvalllutilitieslugroundutillDuvalcomcastab.doc 0 C.)Cpet NOW + + PUBLIC WORKS DEPARTMENT �‘ N-co� MEMORANDUM DATE: September 8, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council J� VIA: 9L' Denis Law, Mayor °' FROM: Gregg Zimmerman?dministrator STAFF CONTACT: Bob Hanson, Transportation Design Supervisor (x7223) James Wilhoit, Transportation Design Project Manager(x7319) SUBJECT: Duvall Avenue NE Widening/Coal Creek Parkway SE Reconstruction Project—Undergrounding Utility Conversion Construction Agreement with Comcast IV of Washington,Inc. (Comcast) ISSUE: *Iv Should the Mayor and City Clerk execute the proposed construction agreement and the Statement of Work with Comcast IV of Washington, Inc. (Comcast), for Comcast to reimburse the City for its share of undergrounding utility conversion costs, estimated at $83,010, that the City will pay to its construction contractor on the subject project? RECOMMENDATION: Authorize the Mayor and City Clerk to execute the proposed Joint Trench Construction Agreement for Comcast to reimburse the City for its share of undergrounding utility conversion costs, estimated at $83,010, for the Duvall Avenue NE Widening/Coal Creek Parkway SE Reconstruction Project. BACKGROUND: The Renton Municipal Code Title IV Development Regulations, Chapter 6, Street and Utility Standards 4-6-090 Utility Lines underground installation section requires that overhead facilities be relocated underground. On May 31, 2005, the City entered into a design agreement with PSE, under the terms of PSE's Schedule 74 Tariff G, for preparation of plans for the undergrounding of power for the Duvall Avenue NE Widening Project within the Renton City limits. Because Comcast's Marcie Palmer,Council President Members of the Renton City Council Page 2 of 2 September 8,2008 cable system shares PSE's overhead poles and other fa he soproject limits,the lines must be undergrounded,with Comcast bearing the cost of doing G The Duvall Avenue NE Widening/Coal Creek Parkway SE Ren trenchingucction othe unraect(CA ing 001),which includes installation of all conduits, 8, and bids were opened ults utility works was advertised for bid on January 17, 2008 February 26,2008. The contract was awarded toNorthwestdthe executede, Inc. on acont act which and the agreement was executed on April 17, 200 The portion of is a Comcast responsibility and for which Comcast will reimburse the City has been estimated to be $83,010. cc: Peter Hahn,Deputy PW Administrator—Transportation Bob Hanson,Transportation Design Supervisor Rob Lochmiller,Transportation Design Principal Engineer James Wilhoit,Transportation Design Project Manager Connie Brundage,Transportation Administrative Secretary File vord I It was more cost-effective for the City's contractor do this than for the franchise utilities to do it themselves. H\Division.s\TRANSPOR TAT\DESIGN ENG\jwilholt\duvall\utilhies\ugroundutil\Duvalcomcastissue doc JOINT TRENCH CONSTRUCTION AGREEMENT Between COMCAST and the CITY OF RENTON THIS AGREEMENT ("Agreement"), effective as of the 10th day of June , 2008 (the "Effective Date"), is made by and between the City of Renton, a Washington Municipal Corporation ("the City"), and COMCAST OF WASHINGTON IV INC. a Washington Corporation ("COMCAST"). The Attachments referred to herein are incorporated by this reference. RECITALS A. The City is making improvements to Duvall Ave NE/Coal Creek Parkway within the corporate boundaries of the City(the "Entire Project"). B. COMCAST provides broadband communications services in the City. err C. To facilitate the proposed improvements to Duvall Ave NE/Coal Creek Parkway, the facilities that are currently located above ground and owned by COMCAST and other utilities service providers will need to be relocated (the "Project"). D. The Project requires trenching within the right of way for placement of facilities of utilities service providers, including COMCAST, the City and others ("the Joint Trench"). F. COMCAST desires to secure the services of the City to install conduit and utility vaults underground ("the Work") and COMCAST desires to cooperate in the planning, engineering, design and other work for such installation when and where such Joint Trench will be of mutual advantage in meeting the requirements of COMCAST and the City for underground facilities service. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions and obligations contained herein, and intending to be bound hereby, the parties agree as follows: 1. Project Description. The Joint Trench will be placed in the City right of way along Duvall Ave NE/Coal Creek Parkway and laterally to those side streets included and as shown in Exhibit A, City Plans and Specifications for Duvall Ave NE/Coal Creek Parkway. The Joint Trench will be constructed to accommodate the underground facilities of several utility service Nifty providers, including, without limitation, the City, Comcast, Qwest and PSE. The City has bid the Entire Project, and has entered into contracts that include construction of the Project. • *0001 2. Performance of Work. (a) In conjunction with its performance of the Project, Work othe n or before anuaryough lls 20101 or contractor ("Contractor"), will perform and comp The City agrees to complete the Work in accordance own witho have juri daction oall vler theerights of federal, state and local laws and the requirements of those that way in which the Work is to be performed. (b) To the extent that performance of the Work requires in the the inProjectnCOMCAST will of any materials that would not be needed but for COMCAST's partic p arrange for the purchase and delivery of such materials to the Contractor. 3. Responsibility of Parties. (a) City Responsibilities (1) Contractor Duties. The Contractor will excavate the trench, accommodate and coordinate the installation of underground utilities, install vaultrestoration s and uits, furnish quired d install bedding material, backfill and compact the trench, and perform any le by the City within the right-of-way. City and/or Contractor will econduitrand uti ity vaultsthn e performance of the Work herein, and will install COMCAST accordance with written requirements and drawings provided in Exhibit A. The City will provide all traffic control required for the Work. (2) Notice of Materials Required. The City will provide COMCAST, not less than ten (10) working days prior to the required deliverytactor reasonablydrequires to elivery of necessary conduits and vaults and all related materials that he Con install the trench and conduits. (3) Plan Discrepancies. If there is any discrepancy between the City of Renton Contract plans and the COMCAST Plans (both foundwithin itinthebplan set said in Exhibit A), the parties mutually agree to work together to resolve such discrepancy plans. (b) COMCAST Responsibilities. (1) Provision of Work, Materials, and Equipment. All work and equipment described in this section as COMCAST responsibilities shall be provided by COMCAST in the manner and timeframe described here in at COMCAST's sole cost and expense. (2) Coordination. COMCAST will maintain continued coordination with the Contractor regarding installation of COMCAST's facilities. This coordination will include, but not be limited to the following: 2 (i) The City has provided COMCAST a project schedule at the start of the project. COMCAST will be responsible for coordinating its work to meet this project schedule, which is incorporated into this Agreement. (ii) A weekly meeting will be held in which the Contractor will provide a schedule and list of materials needed for the following two (2) weeks. A representative from COMCAST will attend each meeting and provide weekly progress reports. The COMCAST representative will be responsible for coordinating the delivery of materials per the discussion of schedule at these weekly meetings, in accordance with Section 3(a)(2). (iii)COMCAST will furnish all materials required for the installation of COMCAST conduit and utility vaults including vaults, conduits, and all other materials necessary for installation of the vaults and conduits required by the Contractor for the installation of COMCAST facilities that week, not less than ten (10) working days prior to the date that the work is scheduled based upon the weekly meeting,provided that Contractor gives COMCAST notice in accordance with Section 3(a)(2). The Contractor will provide a reasonable location to COMCAST of where the materials will be delivered. (iv)COMCAST and the City will provide an inspector on-site, on twenty-four (24) hours notice, to inspect and accept the installation of all vault and conduit installation work. COMCAST's inspector will not direct the Contractor in any manner; the COMCAST inspector will communicate all requests in writing to the City's inspector. (v) Once sections of vault and conduit are installed by the City and accepted by COMCAST, COMCAST, or its contractor, will have sixty(60) days to complete installation of conductors and equipment; and to perform cut- over and transfer of existing customers and facilities to the new underground system; and to remove all existing facilities that are no longer in use, associated with the Work. COMCAST work will include, but not be limited to, furnishing and installing all cables, conductors, electrical equipment, and temporary utility poles; conversion to underground; and for the removal of poles, and other equipment no longer needed. (4) Traffic Control. COMCAST or its contractor will provide traffic control when COMCAST or its contractor is installing its new underground cabling and splicing along with COMCAST overhead construction and removing its existing overhead facilities. (5) Installation Not in Right of Way. The installation of any COMCAST lowie facilities not in City right of way, including but not limited to cable, conduit, and pedestals, will be the responsibility of COMCAST. COMCAST will coordinate with private property owners in 3 l the City's schedule. Coordination of work, and payment for necessary order to not unduly delay p p owners,is the responsibility of COMCAST. easements or agreements from private ro erty 4. Compensation agrees to payto the City, as compensation for its work under (a) Lump sum. COMCAST ag covers joint trench costs, this agreement, a lump sum of $83,010.00 This compensationsum will be paid as installation costs, traffic control costs, and mobilization costs. The lump follows: (1) twenty percent (20%) of the total lump sum after the City's contractor has completed twenty percent(20%) of the Work; (2) thirty percent (30%) of the total lump sum after the City's contractor has completed fifty percent(50%)of the Work; (3) The remaining fifty percent (50%) of the total ump sum the Work.after the City's contractor has completed one hundred percent(100%) pay of ay additional expenses incurred for (k, Share of such expenses are mutuallynal expenses. COMCAST agreed upon by the parties in writing, the Work, provided such additional prior to such additional expenses being incurred. 5. Change Orders written (a) Any request for change must be agreed upon in advance as evidenced by amendment and signed by authorized representatives of both parties. will be COMCAST to be performed by the Contractor (b) Any change requested by obtain a the work, and notify COMCAST of the price. submitted to the City's Inspector, who will submit the request to the Contractor, reasonable price from the Contractor to perform COMCAST will have twenthours after being notified of the price to respond an e- andd au�horize the increase resulting in an Amended Lump Sum confirm the requested Chang , amount. when the immediately following lump sum payment is due,that (c) COMCAST will pay, 1 with the percentage payment portion of the Amended Lump Sum amount that will comp y schedule set out above. 6. Schedule. Once construction crews are mobilized, the conversion will be constructed in one continuous nonstop effort, end to end,until the Project is completed. The City's Contractor be submit planningand scheduling their work and dule to hel City and COMCAST prior to beginning construction activities. a progress schedule and 60 working days after completion of the City's installation ary iof inse tall thet new Not moreythan sixty ( ) vault system, COMCAST or its contractor eunderground system, transfer any and all customers to the underground system, energize the new u g 4 new underground distribution system, and remove all of the overhead conductors, poles and `" w' equipment. COMCAST will coordinate its conductor and equipment installation such that COMCAST, or its contractor, will install as much of this equipment as possible prior to completion of the entire vault and conduit system by the Contractor. See Section 3(b)(2)(v), above. 7. Notices. All notices will be in writing and will be delivered by certified mail return receipt requested or any other delivery system which is capable of providing proof of delivery. Any such notice will be deemed effective on the date of mailing. All notices will be addressed to the parties as specified below: If to COMCAST: Jim Nies Construction Supervisor COMCAST 4020 Auburn Way N Auburn, WA 98002 Attention: Jim Nies If to City of Renton: James Wilhoit Civil Engineer City of Renton 1055 So. Grady Way Renton, WA 98057 Noire Either party may change the above addresses to which notices are sent by giving notice of such change to the other party in accordance with the provisions of this Section. 8. Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of the State of Washington. 9. Dispute Resolution. Any controversy or claim, whether based on contract, statute, tort, fraud misrepresentation or other theory, related directly or indirectly to this agreement between COMCAST and the City will be resolved by negotiation between the parties. Should such negotiations fail to settle such controversy or claim settlement will be reached through binding arbitration. The Federal Arbitration Act, 9 U.S.C. Sections 1 to 16, not state law, will govern the arbitrability of all claims, and the resolution of the claims. Binding arbitration will be conducted under the then current rules of Judicial Arbitration and Mediation Services ("JAMS"). (Except, Judge Gerard M. Shellan shall not be an arbitrator, as he was formerly the city attorney for the city of Renton.) In the event the terms of the Federal Arbitration Act and the then current rules of JAMS are inconsistent, the Federal Arbitration Act shall govern. 10. Force Majeure. Both parties shall be excused from their performance if prevented by acts or events beyond the parties reasonable control including extreme weather conditions, strikes, fires, embargoes, actions of civil or military law enforcement authorities, acts of God, or acts of legislative,judicial, executive, or administrative authorities ("Force Majeure Event"). 5 • 11. Indemnification. Cityindemnify and hold harmless COMCAST, its owners, will against any and all liabilities, agents,parents ,441,01 directors, and employeesenaltit costs of defense, and claims,judgsubsements, nts, losses, o d damages, costs, fines, p (a) fault d claims,judgements, orders, awards, " iabilities") to the extent they arise from or n connection with: and/or r attorneys fees ("Liabilities") officers, employees, agents, Cothe representatives;egence of the City, material supplied y City (b) any product liability claims relating to any to ees, agents, applicable Contractor, (c) failure of the City, its officers, employees,under this Contract; l with any term of this Contract or any subcontractors and/or representatives to comply federal law or regulation, including but not limited to the OSH Act and local, state,ml r (d) claims under workers' compensation or similar employee environmental protection laws; to ees, agents, subcontractors, or subcontractors' employees or benefit acts by the City or its emp Y agents. COMCAST will indemniein h To the extent applicable for services provided by COMCAST herein, directors, and parents, fy subsidiaries, affiliates, agents, d fines,d and hold harmless anyhe City, its aims,judgments, losses, orders, awards,to the damages,extcosts,thearise employees against and all claims,j g ("Liabilities") fr fault or negligence of COMCAST, its officers, employees, penalties, costs of defense, and reasonable attorneys' fees relating any a en or in connection with: (a) (b) any product liability claimsits tooicery agents, subcontractors and/or representatives; (c) failure of COMCAST, supplied byCOMCAST under this Contract; comply with any applicable local,e material employees, agents, subcontractors and/or g but not limited to environmental protection T laws; or(d)s state, or federal law or regulation, including or similar employee benefit acts by claims under agentsworsubcontractors ac orscompensation o subcontractors' ubcont actors' empl yees or agents. employees, sub party's indemnification obligations under this section, neither party is liable to the Except for eachrincidental, indirect, punitive or special damages, including or foreseeability, the other for consequential, apprised of the commercial loss and lost profits, however caused and regardless of legal ha,been under this Agreement, even if such party directly or indirectly arising possibility of such damages. 12. Insurance. Agreement, insurance against Each party which may arise from or in connection with art shall procure and maintain for the duration of the claims for injuries to persons or damage to property the performance of the work hereunder by the respective parties, their agents, representatives, employees or subcontractors. ... (a) Minimum Scope of Insurance. The parties shall obtain insurance of the types described below: (1) eAute mobile Liabili insurance covering all owned,rand, Servid non-owned, hired (ISO) providing equivalent liability coverage. If leased vehicles.01 oro a substitute l form writtene on esu form CA 00 contractual liability coverage. necessary,the policy shall be endorsed to provide arising from premises, operations, �`' (2) Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability 6 independent contractors, products-completed operations advertising injury, and liability assumed under an inured personal injury and contract. The Commercial General Liability insurance shall include explosion, collapse or underground property hazard coverage. The City shall be designated as a Primary & Non-contributory Additional Insured under COMCAST's Commercial General Liability insurance policy with respect to COMCAST's work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. (3) Workers'Com ensation coverage as required by the Industrial Insurance laws of the State of Washington. (b) Minimum Amounts of Insurance. The parties shall maintain the following insuranc limits: e (1) Automobile Liabiliinsurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. (2) Commercial General Liabili insurance shall be written with limits no less than $1,000,000 per occurrence, with $2,000,000 general aggregate and a $2,000,000 products- completed operations aggregate limit. (c) Other Insurance Provisions. The insurance policies are to contain, or be endorsed Nifty contain, the following provisions for Automobile Liability, and Commercial General Liability: Y (1) COMCAST's insurance coverage shall be primary insurance as respect the City subject to the indemnification provisions of this Agreement. Any insurance, self- insurance, or insurance pool coverage maintained by the City shall be in excess of the COMCAST's insurance and shall not contribute with it subject to the indemnification provisions of this Agreement. (2) COMCAST's insurance will provide that coverage shall not be cancelled by either party, except after forty-five (45) days prior written notice to the City. (d) COMCAST's Insurance For Other Losses. Each party shall askume all property loss or damage from any cause whatsoever to any of their respective tools, employee owned tools, machinery, equipment, any motor vehicles owned or rented, including any temporary structures, scaffoldingand protective fences used in performance of work under this Agreement. The parties shall require their agents and subcontractors to also assume the same propertloss or damage as required under this paragraph D for their property. y (e) Waiver of Subrogation. COMCAST and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extent covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or rnrr 7 • pp other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. (f) Acceptabilrty of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A-:VII. of Coverage. COMCAST shall furnish the City with original certificates er i i the (g) Verification but no and a copy of the amendatory endorsements, including additional insurednendorsement, evidencing the Automobile Liability ank. U Commercial request, the City General Liability insurance of COMCAST before commencement with this section l2r p shall provide evidence of coverage in accordance for (h) Subcontractors. COMCAST shall furnish separate certificates andll endorsements for each of itsis subsubcontractor performing work under this Agreement. j subject to all of same insurance requirements as stated herein for subcontractors shall be sub COMCAST. 13. Safety and Health. theperformance of work hereunder, the City will be responsible for its safety, (a) During public, and the worksite in general and the safety of its employees, agents or subcontractors, the p applicable provisions of local, state and federal aw,limited regulations Occupationalorders will comply with all The City 1 to the Project, including but no affecting safety and health that apply Sgeand Health Act of 1970 (herein collectively referroedr fatalrties to COMCAST. The City �' agrees that it will promptly report serious accidents an agrees that it and its subcontractors will give access to the authorized representatives purpose enpecsin of COMCAST, the Secretary of Labor or any state or local official o the pTorecteunder the OSH Act and Project,investigating or carrying out any required duties that appy gUpon request,the City ' en safety plan and procedures and/or written Citywill immediately notify COMCAST that access has been sought. q a willeplan in effect and that provide COMCAST with copies of its written for the work has been conducted for the City nd its assurances that the City and its subcontractorsate have a written safety ExcavationSHA subccntra OSH Act training appropri as ctors including but not limited to the requiremsPerson'lnaayll in Owo k sites, who is Standard,rra for providing a "Competentconditionshoi capble29d CFR 1g2existing predictable hazards in the surroundings or working capable of identifying and which are unsanitary,hazardous or dangerous to personnel, and who has the authorization to take ity will be prompt corrective measures to eliminate such hazards. The cors and COMCAST, for coordinating its safety plan with its subcontractors, other con ra appropriate. operation (b) COMCAST reserves the right to shut down the COMCAST partrfo of work per in a if it reasonably believes the City, its employees, or subcontractors are r and/or workCOMCAST a manner that imposes imminent danger to the workers,the job site,the public, property. or a substantially similar Section will appear in all of the City's (c) This *sosubcontracts. 8 14. Relationship of the Parties. This agreement does not create a partnershi p jointNos., or similar relationship between the parties and neither partwill venture l other in any manner whatsoever. Y have the power tooobligate the Any person who performs services required by this Agreement to be performed by a Party will be solely the employee or agent of that Party. Each party is solely responsible for (a) the hours a of work, methods of performance and compensation of its employees and agents; (b) co with all federal, state, and local rules and regulations including those governingWookrker's is Compensation, Unemployment, Disability Insurance, and Social Security withholding employees and agents; and (c) all federal income taxes for its income derived in connection or its this Agreement. with 15. Assignment. Neither party will assign this Agreement without the prior written of the other party. Such consent will not be unreasonably withheld. consent 16. Entire Agreement. This Agreement, including all Exhibits, contains the entire agreement between the parties and supersedes all prior oral or written agreements with resect to the subject matter hereof. This Agreement may not be amended or modified excecations t b a p instrument executed by the parties hereto. P Y written se handwritten, are permitted or shall be made without a duly executed written amendmentmterms' including between the parties or, if prior to execution, a revised printed Agreement. In the event anyhandwritten modification is made to the Agreement terms and conditions, such modifications shall be considered null and void, whether or not acknowledged by the parties, and the Agreement shall continue in full force and effect under its original, unadulterated terms and conditions. 17. Binding. The terms, covenants and conditions contained in this Agreement n will binding on and inure to the benefit of the parties and their respective successors and assig be s. 18. Counterparts. This Agreement may be executed in one or more counterparts, ea which will be deemed an original and all of which together will constitute one agreement. chof 19. Authority. Each party represents and warrants that it has the authorit to exe deliver and perform under this Agreement. Y cute, IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the Effective Date. COMCAST OF WASHINGTON, IV, a Washington c i rporation By: ' / / Name: Ken Rhoades tawTitle: Area Vice President Date: 9 NIS CITY OF RENTON, a Washington Municipal Corporation By: Name: Title: Date: Approved as to Form: t4 ' ''r1 Gam--/ ence J. Warren p City Attorney ,40 10 EXHIBIT A City Plans and Specifications °rwr 11 i CITY OF RENTON COUNCIL AGENDA BILL AI#: � 07) Submitting Data: Public Works For Agenda of: Dept/Div/Board.. Utility Systems September 8, 2008 Staff Contact Abdoul Gafour,x7210 Agenda Status J.D. Wilson,x7295 Consent X Subject: Public Hearing.. Purchase of CyberLock® Security System for the Correspondence.. Drinking Water Distribution System Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions CyberLock®Proposal Information iCrescendo Quote Recommended Action: Approvals: Refer to Utilities Committee Legal Dept X Finance Dept X Other Fiscal Impact: Expenditure Required... $61,424.23 Transfer/Amendment $1,425.00 (425/u55595) Amount Budgeted $60,000.00 (425/u55584) Revenue Generated N/A Total Project Budget $60,000 City Share Total Project.. 100% SUMMARY OF ACTION: The City of Renton's Water System Security Vulnerability Assessment identified several security improvements needed for the drinking water system. One was the need to provide a security system with access control and tracking for our water facilities. CyberLock®security system meets this need. Currently,there are no other key and cylinder based security systems with access control and tracking on the market. A major benefit of this system is that our existing cylinder based locks and padlocks can be easily converted to the system simply by changing out the cylinders. No electro- mechanical modifications are required,which is a very large cost savings. The Water Utility has budgeted$60,000 in the 2008 Capital Improvement Program budget for the Water System Security Improvement account(425/u55584). Staff requests Council approval to transfer$1,425.00 from the Well 9 Telemetry Improvements account(425/u55595)to the Water System Security Improvements account(425/u55584)to cover the cost of the procurement. The Water Utility staff requests authorization to purchase a CyberLock®security system for the drinking water distribution system, in the amount of$61,424.23, from iCrescendo. STAFF RECOMMENDATION: Authorize the Water Utility staff to purchase a CyberLock® security system for the drinking water distribution system, in the amount of$61,424.23, from iCrescendo and authorize the funds transfer of $1,425.00 from the Well 9 Telemetry Improvements account(425/u55595)to the Water System Security Improvements account(425/u55584). H:\File Sys\WTR-Drinking Water Utility\WTR-27-Water Project Files\WTR-27-XXXX CyberLock System For Maintenance Services Division\Agnbill_CyberLock.doc\JDWtp Y Cti �� PUBLIC WORKS DEPARTMENT ® ♦ ‘1'Nec0 MEMORANDUM DATE: August 20, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: ` ' Denis Law, Mayor FROM: Gregg Zimmerman dministrator STAFF CONTACT: Abdoul Gafour, Water Utility Supervisor(ext. 7210) J.D. Wilson, Water Utility Engineer(ext. 7295) SUBJECT: Purchase of CyberLock® Security System for the Drinking Water Distribution System ISSUE: Should Council authorize the purchase of a CyberLock®security system for the drinking ,,iowater distribution system, in the amount of$61,424.23, from iCrescendo? RECOMMENDATION: Authorize the Water Utility staff to purchase a CyberLock® security system for the drinking water distribution system, in the amount of$61,424.23, from iCrescendo. BACKGROUND SUMMARY: The City of Renton's Water System Security Vulnerability Assessment, December 2003, which was directed by the Bioterrorism Act of 2002, identified the need to provide a security system with access control and tracking for our water facilities. The Water Utility uses over 200 master-keyed locks and padlocks as part of the physical security of the drinking water distribution system. Changing the combination on a lock requires removing the cylinder(core) from the lock, changing the combinating pins in the cylinder, reinstalling the cylinder and cutting and distributing new keys. Because of the amount of work involved in this process, lock combinations are changed infrequently. Loaned or issued keys are sometimes lost, not returned or otherwise unaccounted for. For the sake of efficiency, keys are issued to all workers and occasionally to contractors. There is no central key vault from which a key is issued for a specific trip. Therefore, there is no accounting for when a key is used to open a lock. Council/CyberLock®Purchase August 20,2008 Page 2 of 3 The CyberLock® security system is a system of keys, cylinders and management software and hardware. CyberLock®cylinders are electronic versions of standard mechanical lock cores. To install a CyberLock®cylinder, it requires removing the old mechanical cylinder and installing the CyberLock®cylinder. No wiring is required and there is no battery in the lock to maintain. CyberLock®keys cannot be duplicated. Each CyberLock®key has a unique ID and cannot be altered or copied. Although two keys can be programmed alike, each leaves its own unique fingerprint in the system. Keys can be set to expire on a regular basis to limit risk from lost keys. The CyberLock®system allows the keys to be programmed with a list of locks it can open and the days and times the key is allowed to open each lock. There are no unauthorized entries or around-the-clock access. Each time a key is used at a lock, a record of the key ID with date and time is stored in the memory of the lock, and a record of the lock ID with date and time is stored in the memory of the key. This information is collected and stored in the system database for review and reporting. Benefits of the CyberLock®Security System: • Compliance: Public Health Security and Bioterrorism Act of 2002. • Key Control: Minimize and track number of keys. • Access Control: Establish accountability and control access to critical areas. • Vandalism: Protect locks from being picked or vandalized. • Lost or Stolen Key: Remove access quickly. 410100 • Incident Reporting: Gather evidence as when an incident occurred. • Business Continuity: Ensure system remains functional during outage. The implementation of the CyberLock® security system has been coordinated with the City's Information Systems staff. For the first three years of implementation, staff recommends using the hosting services of the vendor,iCrescendo, for the operation and maintenance of the software application and database on a secure server located in Seattle. Access by the Maintenance Services Division's system administrator and authorization stations will be via a secure interne connection ("https"). The cost of the service is $6,192.00 per year for a minimum of three years. The first year of service is included in the quote. After three years,the City can choose to operate and maintain the software and database itself or continue ed annual service ces. If and mhe ay chooses intenance nanceto cost pick up operation and maintenance of the software the nnua for the software would be $2,500 and the City would need to provide and operate a suitable server machine. The system can be easily expanded to include other functional areas of the City. The Maintenance Services Division plans to include other areas in its division. Currently,there are no other key and cylinder based security systems with access control and tracking on the market. A major benefit of this system is that our existing cylinder H:\File Sys\WTR-Drinking Water Utility\WTR-27-Water Project Files\WTR-27-XXXX CyberLock System For Maintenance Services Division\Issue-Paper-CyberLock_PO.doc\JDWtp Council/CyberLock®Purchase August 20,2008 Page 3 of 3 Lool based locks andadlocks can an be easily converted by changing out the cylinders. No electro-mechanical modifications are required, which is a significant cost savings. The Water Utility has budgeted $60,000 in the 2008 Capital Improvement Program budget for the Water System Security account (425/u55584). Staff requests Council approval to transfer$1,425.00 from the Well 9 Telemetry Improvements account (425/u55595), to the Water System Security account (425/u55584). CONCLUSION: The City of Renton's Water System Security Vulnerability Assessment identified several security improvements needed for the drinking water distribution system. One was the need to provide a security system with access control and tracking for our water facilities. CyberLock®security system meets this need without the expense of adding electro- mechanical devices at each lock location, which is a significant cost savings. Council's approval for the purchase of the CyberLock®system from iCrescendo, in the amount of $61,424.23, is needed to implement this security improvement to the drinking water system. Attachment cc: Lys Hornsby,Utility Systems Director JoAnn Wykpisz,PW Principal Financial and Admin Analyst File 'Le H:\File Sys\WTR-Drinking Water Utility\WTR-27-Water Project Files\WTR-27-XXXX CyberLock System For Maintenance Services Division\Issue-Paper-CyberLock PO.doc\JDWtp . 5-4- -,,,--„,----,..., f-i:•,-r- -.•,-',,, •,..!-L::: , I 1 ) I ... , ; ..'') ft - -.---- , . ... . mik, UP 1 0 -: • I iv 1 / 11/W 0 , . .-_. . • • 7, ge, ,‘•• -: - • ._ ....._ ;-,-.-,%, .,. . . 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We are committed to the principle of always treating others the way we would like to be treated. 1110 r . .x>x CyberLock Awards & Milestones 2000 ASIS Expo, First Demonstration of the CyberLock System y {ky 2002 Canadian Security Magazine, Grand Prize Winner—Product of the Year 2003 Access Control & Securiry Systems Magazine,New Product of the Year Finalist 2003 Total Facility Management Show, Best of Show in Security 2004 Commercial Building Products Magazine, Readers Choice Product of the Year 2005 IFSEC SecurityShow,Access Management Product of the Year 2005 Access Control &S SecuritySystems Magazine„.New Product;of the Year'F st 2005 Introduction of Stainless Steel Cores 2006 WFX Expo, Best Security Product of the Year Ys } x Y, Y.��� SFS�'E'o��.�;-� �a�� '3!'y�� .�f M ' tee *.��. 2007 Unique Lock Designs Using CyberLock Technology Reach the--- ..„.y. r �i �� 2008 Introduction of the Rechargeable Key . • ,fie a. y • r xz e Y 4 b t41101) lc ' r , ...•,1,- il k ��� -~ �� y ` v"� 'Y' { 44:?.-'4';-!.,5F-.'.4� �iN r,�u 3YWb�6. n!itn xe� . . -_ ' z _ Table of Contents , CyberLock in Action Case Studies CyberLock Overview CyberLock Cylinders Doorways, Padlocks, Cabinets, &Vending 8 CyberLock Cylinders Switches, European, Safes, & Custom 9 d R CyberLock System How a System Works 10 12 Managing Your CyberLOCks Management Tools 'of) .., a Entry Point® Entry-Level Hardware Only System CyberAudit®-Web Lite Software for Small Companies 12 � � ti ..9.„,„ ,. CyberAudit Professional Software for Medium-Sized Companies 13 CyberAudit-Web Enterprise Server-based Software 14 g 15 k ..,-,,,1*,:t10,,,,,L.,t1Software Features Software Feature Chart �� 15 f CyberLock & CyberKey® Hardware Specifications i.; About Videx Training,Technical Support, &Warranty M h r ''''' ' ''', ''',''It',1.--,..t4:::..)i.::,:;:,!..,,,',..it,i:T*,..,'::::it.''''':'.!..'2,1!.--.:i;;`,:',.5,-'' J 3 STONINGTON HIGH SCHOOL Problem: Controlling Access at School The security of children in our schools is a growing concern. ' Ken Donovan, Facility Manager at Stonington Public Schools, had been researching security products, CyberLock in particular. When the principal asked for a solution to the school's security concerns, Donovan had the answer. :ain '+ is r e mss; " ' � ;-�.4g `- Solution: CyberLock - One Building at a Time �' � Stonington Schools decided to install CyberLock in the high yschool first. Other access control systems were not financially w>... �_ _z.::.. feasible; however, the CyberLock system was affordable because • .* no wiring was needed to the doors. The system is designed to fit Ip into most existing lock hardware. Donovan says, "I don't see how ;� � ; r you can go wrong. You can have access control for under $300 per door."Stonington Schoolst p rrchascd the CyberLocks in small batches to work within their budget, with the goal of installing - � �. in all of the buildings at the facility. 41, Donovan has taken advantage of the flexibility of his CyberLock t system. He has used CyberLock cylinders on exterior doorways, *' i a ,Zrtiiiuthat padlocks on gates, and T-handle cylinders on vending machines lir 4 '.:s'41,.;. their dirtrirei 2rre safe." in the cafeteria.According to Donovan, the school staff has Ken Donovan, welcomed CyberLock. Not only does it help to insure security, � , I-acilrt‘ Manager it gives the teachers peace of mind as well. "They know that if something goes wrong, the system will show who was there. People want to know that their children are safe," says Donovan. ' CLEVELAND TRANSIT AUTHORITY Problem: Securing Fare Boxes The Greater Cleveland Transit Authority had a problem with rlost and stolen keys to the fare boxes on their buses. A significant f � coielected amount of money was not making its way from the boxes to the bank. Re keying efforts would provide a temporary fix, but only r until the next key was misplaced. They needed to determine works if lost keys were resulting in lost funds. b and t4 . `, Solution: CyberLock Cam Lock A taskforce was formed to look at fare box security. • ?' �� Their primary concern was the ease with which a conventional ,'111 ti� .. 11'.,,' 5' ;; �Ikey could be duplicated. The taskforce chose the Videx i-,'r i'ltii. �' CyberLock system because it addressed all of their concerns. The key and lock remembered what locks had been opened, `4 ;� and when. Also, the system provided the ability to regulate when the lock could be accessed, and by whom. If a key was misplaced, - . „-,...,;,,',";''ji ., the locks could he told to refuse access to the key. —-, .A.,, 7-....; l'1, r 4 The immediate benefits were readily apparent. There was 1 a marked improvement in the bill-to-coin collection ratio. t` Employee accountability improved. Supervisors can now track S / how much time is being spent on each repair. "The bottom line 1 is that the collected revenue ratio has increased and employee productivity has improved," affirms Transit Police Officer, w Sgt Medlong. 4 Problem: Quality of Service and Security Issues NEW ZEALAND POSTZ New Zealand Post subcontracts their mail collection services tom private subcontractors that are responsible for channeling large volumes of mail to central processing centers. Quality of service was an issue. New Zealand Post had no way to determine if and * - j when the mail was being collected from their street receiver boxes. .•* ; Security was also a concern. If a key was lost, all the locks in that t*••- f series of street boxes had to he re-keyed at great expense.This put stndara customer mail at serious risk. - Solution: The CyberLock Enterprise System {� , . Ian Bekhuis, Letter Acceptance Network Manager, says, '..x "We put a tender out to industry with a list of our requirements. 04 J We selected CyberLock because it was cost-effective and met ,t 0 our requirements in terms of measurability and auditing." New Zealand Post converted 3,500 of their street receiver boxes � . -,-e .4•1:4, -.-..:t'' to CyberLock. "The national networking capability the system provides is a great benefit to us.The system's Enterprise software 1� and manage the p �" ; allows us to perform audits over the networktt performance of our subcontractors,even at remote collection sites.We can disable a key immediately should one be lost. The system has greatly enhanced service performance and `The tis n benkhiico uabihty the system the security of our customer mail," affirms Bekhuis. providesgreet Founded 18 years ago in Norco, a town just outside of New Orleans, REFRESHMENT SOLUTIONS, INC. Refreshment Solutions has grown into the largest vending company ( r ^e t in the State of Louisiana. n Problem: Key Control and Shortages Chief Operating Officer, says, "We were experiencing s •- Henry Gusto, " k iR` i m serious shortages of products from our machines. Key control was y� 1 ,# almost impossible. Each driver was carrying a lot of keys because j � 114.-\ ,,,z. „Ai ce Jt 0. J7 --.,-;...;-,,,,,....i-....: i we have so many different types of vending machines and styles -,,,E, � , *;� � �� of lock hardware.' - •�.`�_ t � Solution: CyberLock T-handle Cylinders " Refreshment Solutions researched all the options and in 2005 they CyberLocks are installed on i decided to go with CyberLock.Today, y �" ...,� a large percentage of their route machines, and for added security, � $� � on doors to the Money Room and warehouse. "We are pleased . i� with the system, and recommend CyberLock for companies that are experiencing the problems we were having," says Guste. In August of 2005, Hurricane Katrina put Refreshment Solutions and Henry Gtitste }F w ` t ` Chief.Operating! -',..„,•...,..„4-..i.-„_,N.:,. CyberLock to an extreme test. Guste says, "Many of our vending , , s were submerged in mud and water. During clean-up three raaied to that CyberLo-- - , machines We were amazed" .. weeks after the storm,we were amazed to find that CyberLocks on • M14 the vendingsr�atTTsnestkrar find been subme �;' the machines that had been submerged were still working." in mud and'waterw€1 Aworking." 4` ,' ,., CyberLock ov 'overview ,. . / *�, 3 as s . . y a . _ . Ta . . . , . _ . . , . .., . ., _ ., ,. ,, ,....„,..... „..., , ,, ,...,. • , . , . . . . , . _. P , r-'0.y. It. nFc eat,. ..,. , . f �I *+.r , ' imy 23i.,,A,;4,'� 4,1,'- " • f etre lockIn it a�"+. '",„. s _, { r ° a, r a �r °aa`1 x. i s 4's.., your fact qty. 8 g 2 ".. f h .ztiz � "".' / _^p 'may),�, y� - J j ' How does it work? CyberLock electronic cylinders replace standard mechanical cylinders. / Each CyberLock cylinder is an electronic version of a standard mechanical lock cylinder. Installing the cylinder into the lock +. � a ` hardware is as simple as removing the existing mechanical cylinder t` and replacing it with the CyberLock cylinder. #40 1 `mow No wiring or battery is required at the lock. The lock installs without wiring of any kind, and does not , contain a battery. The power required to open a lock conies from the battery in the key. CyberLocks cannot be picked. ' J CyberLocks have no keyway; and cannot be picked like a mechanical lock. CyherLocks resist forced rotation, and are designed to remain in the locked position if tampered with. �� i '' .f : „,e(;:,,,;,,-” , CyberKeys cannot be duplicated. It's not possible to create a duplicate CyberKey. 7 el" � �' ,rot.. x ;r Passwords in the software and hardware are unique to each installation, and protect against creation of * '., unauthorized keys. And,although two keys can be lik%, - ,�' programmed alike, each one makes its own unique record in the software. 0 , • `b Botha key with a replaceable battery and a key Skov with a rechargeable battery are available. 6 • 1111 ' 4� 2'\I -� es'can be assigned a begin date and an expiratid:# ,,� ;r ; y f.,,,,,,,,,-„t,,,,,,,,,,,,, ,.. This means keys can be issued before they begin working, ism � . : - " and can be set to expire at a particular time in the future. ?" "�� �`,;k i:-:''' 7 Setting short-term expiration dates on keys is an excellent :, :� way to minimize risk due to lost or stolen keys. • . •E l t,tbtlt�,cry. . St d9 ks •it can open,with days and times. Lock 1 Schedule yprogrammed with access privileges for each user. The'C`berKey .ar --- A.standard key holds a list of up to 3300 locks the user can open, Access Times Tue WedThur Fri Sat Hol with the schedule of days and times they are allowed in. INS — ar�t�Start Ste Sean- 1v, L--r ill 1:EN3UOPMe r r -F7--,P >✓ r r r_. il* Lock 2 Schedule Access Times _ SSW. Sun Mon Tue Wed Thur Fri Sat Hol ► W:00:00 AM"--11:ri.00AM`-' J y 7:'�.— .�.__ __�--�—. z:oo:oo. a:ar:oO PM }.r r,} } r,1 Jr ljr...i ��Wka, ""...._.-• 10312012008 Ur:Ltiu1"r, ii AhChaff_______------'.-------- - ,c +j1. — E'�`=nCe "03120/200807:5915 ,1ti • A record of all events is stored in both the locks and the keys. 11PeieSussman____, p3/2p12Q08 1a.o0 0-`^i" Each time a key is used at a lock, a record of the lock ID, date,and 5 J • ahn Nich'------------1-----ds CRoom --',- Lefler Weriranee _'0 0/2008�12 lbs,'' time is stored in the key, and a record of the key ID, date,and time is 3AndyLs DBanks Pu _'03/20/200806:1812il•r to �An6�Dummare CanputerRaom '03/20/2008 1:17 1..?l.t, stored in the lock. the lockhtokes stores �Ol) of 10 the`ms eventost snLock.s t access al Jse Banks ___ Demi,* 03/20/2008 09.21 453.At ■Able umm V -R of ab !031701200809.21 5h .F.'' and keys also record when an unauthorized person attempted to open ■Pee Sussman Records Room 031201200809 58.13 L.t.'. Pamtieeman _ Canpuo�Room -- 03/20120Ly1810:1_>07�,t:+ the lock with a CyherKey. Ili Ekt e'hw;_ EmeE•rtrante -- u 03/20/200810 1(la;), N. \ -.7''''.:.\'' One key opens doorways, padlocks, cabinets, safes, vending machines, and more! The complete line of cylinders allows controlling access to much more than just doorways. .# ' Designed for both indoor and outdoor use,the durable CyberLock tracks and controls j access to padlocked gates, safes,cash drawers, server cabinets, fare boxes, freight trucks, and vending machines . . . 7 ger a One Key Opens Locks cv ` ,,. _,,,, ,, ..._,,,,,..,, Cylinders for Doorways Enrer the world of CyberLock through the front door! Videx cylinders for doorways are the first place most people begin. The cylinder cannot be picked,provides an audit trail of activity, and requires no wiring. 4 .... ., .t „,,,,,..‘?„," , You can retrofit knob or lever locks that require Schlage`" 6-pin and Yale'" " 6- or 7-pin format cylinders. Other door hardware options include rim i and mortise cylinders in a variety of sizes and finishes. '' E'- _ IC Cylinders ..tel'*4—116) ' ,..' as , Whether in a door application or providing access to a cabinet, CyberLock ,,t � ' --fY'interchangeable cores are easy to install CyberLock Padlocks using a programmable control key. Both One of the most useful and unique applications for a small-format IC and a Schla e-t e g yP CyberLock is in a padlock! Now you have an intelligent o large-format IC are available. padlock to control access to the back of your delivery trucks, outside gates, and control boxes. CyberLocks for padlocks are manufactured with additional protection against moisture at the back of the cylinder, for strong performance in padlocks installed outdoors in harsh,wet environments. N. Cylinders for Cabinets 17 Cabinets, boxes, and containers often use cam locks. The Videx line includes two standard cam locks ands o a variety of custom cam lock designs. This range brings access control to fare boxes on buses,jewelry ,,` display cases, medical cabinets, and server cabinets. , ' No wiring required and full access control provided! l 1 Cylinders for Vending Machines ' CyberLock offers complete access control for your vending machines,providing a full audit trail of all activity.Everyone is accountable,every dime is accounted for!Whether you install CyberLock vendingcylinders on one troublesome route, arson all Y your in hines,you re.ln controlw , • " k f?`''' As , 'ac,, ' 4st T } d`*.f „i;', ea”r� .' ; :,'.'-''''''';'-'''.:44 . ' '''.:tS •*,' f- . r£ wry „ ,p 3 , r k y , r^;.3„� .°*C `c s a $- "T i $x t,} "'#'* vrw �` t..a e . ._ • #'1e 0�r' �� i,;� 61 8� ...- 1,1'' Y; '' �� '`�S �5`7�� �` 'N=°�� ',.:1;r:',‘„, „7 M �.i3 C berKe s can be used for ymore than lust Opening-a—o k: r �. ' f ,, Y Y can activate and deactivate an alarm, open a rollup gate, or operate an elevator. t,. Two CyberLock switch locks are a cam-style, and provide either on/off or momentary operation. A third choice separates the electronics from the key receptacle for more secure installations. ft Cylinders for the European Market 1%$v %Ott_ k'v '>'. The CyberLock line includes a number of cylinders for export to Europe. is 4` The heart of the European line is comprised of half, knob, and double # ~ " „ profile cylinders in a variety of lengths. A number of round and oval '''''.:1::11S4„:‘,,,,111*-._ '' it designs are also available. High-Security Drill-Resistant Cylinders Anumber of CyberLock cylinders incorporate innovative design features that provie a high resistance to drill-outs.These drill-resistant cylinders are ideal for applicationsti such as cash handling,vending machines, parking meters, and high-security doors. CyberPoint: A Checkpoint Solution Y% CyberPoint is an electronic tag for use as a data checkpoint.With each touch of a O CyberKey,a record is stored in both the key and the CyberPoint, making it a unique and certain solution for guard tours,preventive maintenance checks, and inspections. Cylinders for Specialty&Custom Applications Requests for CyberLock access control solutions span the globe. -.:> , Whether an Australian oval,Japanese Miwa,or a cylinder for a South African payphone,we welcome the challenge of manufacturing the locks elk you require.The diverse CyberLock product line includes over 200 'tl, -<< desi ns,and provides solutions to unique applications worldwide. '.0 Jo"*"' g CyberKeys: Take Your Choice We're all about choices, so two CyberKeys are available,both with the same programmability. One key uses a 3-volt lithium battery that is easily replaced j, in the field.The other uses an extended life rechargeable battery that gives one-to two-weeks of performance between charges.Take your chpice! ,E • 'gill � ;, � .. �` �` n,ga , 3 �:. . ,.fi•t $ s i. � ''',..,.:.•4 '4 °#�' ',0-,-- v4:/,':';',0-7,- S. S ;,..':.;:-.t,.:,,,. Mf 6M"N:�"zEF "^k'. 4 k • F�'' t -11'4 " ��{r� � �i ' � ��•,'u F� '`� h`�� sax < ._._ --..�.��'#��F. _.a.<�.,�..: ,: ......,�.,.,.,.ax. � s�# ����.'��...•..=ay sFa$F'�p' ,Y -r�i_ � v "'"���a �r, How a System Works Together � F What's happening in the lock? Each CyberLock contains: • a unique ID number that cannot be changed or duplicated • a list of the most recent 1100 access events: key Ill, date and time, and type of event• encrypted access codes that identify it as belonging to a particular system What's happening in the key? Each CyberKey contains: • a unique Ill number that cannot be changed or duplicated • a list of up to 3900 access events: lock ID, date and time, and type of event ` • the access schedules for that specific key • encrypted access codes that identify it as belonging to a particular system How do the locks and keys communicate with one another? When a key contacts a lock, a sequence of events occurs: • the battery in the key energizes the circuitry in the lock • the lock and key exchange IDs • the key checks that the lock ID is on its list of locks it may open • the key checks that it is at the lock at an authorized day and time • the lock and key compare access codes to verify they are from the same system • the key gains permission to open the lock, and an "Authorized to open" event is crrime-stained 1 and stored in both lock and key P � or '^ • the key is denied permission to open the lock, and a "Denied"event is time-stamped and stored in both lock and key 10 A. How do keys communicate with the software? A variety of devices are available for communication between the keys and the software.These devices are called communicators.The type of communicator you use depends on the software management system you implement, and the requirements of your CyberLock installation. CyberKey Base Station The base station is a serial device that connects directly to your PC, and is used only with the Professional software. Vim.., CyberKey Authorizer D 0 8 CyberKey Authorizer allows programming and downloading keys from X00 . remote locations.When installed at the remote site,Authorizer connects back )111, \ n o to the management software over the web, on a local network, or byt modem.em ,',\ N ` s The Web Authorizer is used with Enterprise software; the network a Authorizers are used with both Professional and Enterprise. IR Encoder ort. It links The IR Encoder is an infrared device that connects to a USB pi CyberKeys to the Lite or Enterprise software by making an infrared �`a connection to the IR port on the CyberKeys. PDA Cell Phone With the Enterprise system,user keys can be programmed on-demand in the field by making an infrared connection from the key to a PDA cell phone. The cell phone receives the programming information from the Enterprise server, and sends the authorizations to the key via infrared communications. v a , art r 11 ,max Y f y § rr �1 t�` Managing Your CyberLocks z r CyberLock customers are a diverse group, and not all have the same management goals and requirements. So, you'll find a range of management tools to accommodate every type of installation, from small businesses to widespread corporations and campuses: • EntryPoint, an entry-level hardware-only system • CyberAudit-Web Lite, straightforward software for small businesses, intended for up to 50 locks and 50 keys • CyberAudit Professional, a Windows program capable of handling 500 locks and 500 keys • CyberAudit-Web Enterprise, feature-filled software installed on an application server, offering high-end capability for the large, enterprise customer and support to remote locations EntryP oint EntryPoint is a basic system comprised of hardware only; no software is required. EntryPoint is ideal for simple installations that require high security: a lock that cannot be picked and a key that cannot be duplicated. An EntryPoint system includes standard CyberLock cylinders and CyberKeys, plus a Grand Master key. The Grand Master has a pre-programmed encrypted code and is used to program locks and keys with this encrypted code. CyberKeys Nisei are given 24/7 access to the locks. CyberAudit-Web Lite CyberAudit-Web Lite is user-friendly software that allows scheduling access and viewing an audit trail from CyberLocks and CyberKeys.A simple matrix of locks, keys, and schedules is easy to use: the schedule you assign at the { intersection of a lock and key determines how the key operates when it contacts � `o� that lock. Lite allows expiring keys on a regular basis. ~ CyberAudit Web Lite installs on a local PC Or Mac, and is intended Is Fa + d d' d � p for systems of up to 50 locks and SO keys. In addition to the Litew,�. ' a a' s� NQ Q, `+ 2:;',`:t2-- , 5" do-d� �B ' z software, a system consists of CyberLocks, CyberKeys, a Grand Master, and an IR Encoder for communication between the keys ��■•�� ! ^'' and the computer. ©N� ! } U� 'err 0�/ !♦ !Lt RIMEL Ili 12 Ay�..z k j, � "A.: ti x, ' : = r CyberAudit Professional CyberAudit Professional is a Windows program that installs on your PC a I for management of a CyberLock system.It is ideal for small-to medium-sized companies that need a high level of security and key control. Highlights of the Professional -' ssions/ _ _t e k'N--- 'I a; Professional software are: oro,.. `� 1 • Access scheduling: determine what keys should open what locks, and when. • Audit trail: see the access information gathered by the locks and keys. • Key expirations: decide how often you want each user's key to expire, Software for ck Ey I then let the software manage expirations automatically for you. • Email notifications: receive an email notification on specific events, eyberauait-Schedules O`" such as denied entries or events over the weekend. J • Reporting: set up report templates to run regular reports on the data FSe V•w from locks and keys. Schedules :P' ------' Ahl SctRdsde _-- sEf • Designation of lost keys: Use the lost key feature to block keys outside NI �� ____ RE11,�tle5�,,�n� of your control from the locks. 17s J • Software log: decide what each software user is allowed to do in the software and view the history of software changes at any time. axessr'nes 111111114=11 Sr , Sun Mon Thu Fn SM HHoot, ! A complete system includes locks, keys, a CyberKey base station and/or Authorizer, a CyberLock Programmer and/or USB Programmer, and the Professional software. ilJoe Wrlson East Entrance 03/20/200806,14:22AM Denied ,: "s Abb Chan West Entrance 03/20/2008 07:2&03 AM Key Authorized f. I#: Pete Sussman Records Room 03/20/2008 07:59:15 AM Out d Schedule 03/20/2008 08:00:03 AM Key Authorized +..... ral "j u•-'1�� 03/20/20080:12:16AM Key Authorized 03/20/2008 081E62 AM Key Authorized itti Andy DunmoreComputer Room 03/20/2008 08:2712 AM Denied _..,., ,... _ The Administrator manages the system from a dedicated PC. Local user keys communicate with the system using the CyberKey base station,which connects directly to the computer. Each time a key communicates, it receives0 new program information and downloads its stored i access events. e, jbz, Internal Network or Modem For the workers located at remote 9 0 0 locations, keys are programmed and downloaded using Authorizers. e S' 13 .. s sm k+ r ... .., �,�, C:e<,,;`, w.�mus a .€ „,, . ." ; tea"- ' X� . '°' CyberAudit-Web Enter as , : ; , Prise .. ,..r CyberAudit-Web Enterprise is web-based software packaged on an application server. This management ntended for large or more complexly-structured CyberLock installations. Enterprise builds on the features of Professi nal,]and offers: • Flexible access to the software: access Enterprise from any computer on a local network or the World Wide Web just by opening a browser and logging on. • Hierarchy of administrators: give each person in the management chain control over their own people, locks, and keys independently,while allowing top administrators to view the entire system. • On-demand access: use PDA cell phones to grant emergency one-time access or program and download keys in the field. • Enhanced management tools: create groups of locks and permissions,program any available key with permissions for a specific user, and share locks with other Enterprise users. A complete system includes locks, keys, the Enterprise server, and one or more communicator devices. CyberAudit-Web Enterprise is packaged on a HP or IBM server running enterprise Linux. The application is written in Java and the web pages are served by Tomcat with Java Server Pages. The information is stored in a MySQL database. Enterprise on secure server. -.0 rtgliglir ry W The regional manager sees The top administrator sees the and manages only the locks, entire database of locks, keys, keys, and people for his area. and communication devices. Internet, Internal Network, or Modem '''. , \ , Da El r D o DM ;. a .,t, A keyholder updates iI his CyberKey using Users in the office present their the IR Encoder. keys to fixed Authorizers to update ., ' the keys' programs and download access events. c.` err Users in the field receive new program information and download events using their cellular PDAs. 14 • ^1s sir y Y dn CyberLock System Features Chart A �� ��ryA P`r'o �P 40.o f; 'e.c,, 4) fsP r rLocks v b This chart provides a summary of Cyev • • • products and features for each of the four CyberKeys _ CyberLock management options.You may Master Keys • • have questions about what is best for your IR Encoder • business! Please call Videx Sales for more • CyberKey Base Station • information. Web Authorizer •• Network/Modem Authorizer • PDA Cell Phone • USB Programmer Audit Trail • • • Schedule Keys • • • • • Expire Keys • • Lost Keys • • Multiple Key Mode and Delay Email Notification of Events • • Web-based Software • • 44111.1 Hierarchy of Administrators • Grouping of Locks and People • • Grouping of Access Permissions User Keys Download Locks • • 1111221 • Hardware Specifications Keys Locks • Locks have no keyway to pick • A key cannot be duplicated • Locks store the last 1100 events with date and time • A key stores up to 3900 events with date and time dard key can access up to locks • No limit to the number of keys that a lock can support • A keny containsrthe scheduled access days 0& times • Locks are torque and electrical charge resistant • A key holds the battery power source • Power is supplied by the key's battery • All cylinders appropriate for outdoor applications • Operating temperature: 32°to 122° F; 0°to 50° C • Operating temperature: -40°to 160° F; -40°to 70° C wrrr 15 idex, founded in 1979, is a leading manufacturer of data collection and access control products. Videx first created display enhancement products for Apple computers. In 1985,the first Videx bar code scanner,the TimeWand I, was introduced. Several designs of portable, durable bar r-' code and iButton readers followed this initial launch, and ., continue to provide solutions for a variety of data collection x • applications. CyberLock was introduced in the year 2000, ''i' with one cylinder design. Today, CyberLock technology has . been incorporated into over 200 lock designs,with customers s. • around the world. x ! With a long history in electronic design and manufacturing, ... �- � and a clear focus on the future,Videx is sure to be providing effective solutions to customers for years to come. Training Program and Technical Support Product Warranty Videx offers training to current and prospective CyberLock During the first year from the date of original end user customers. Training on CyberLock basics,the Professional purchase, repair or replacement of Videx hardware is software, and Authorizers can be accomplished online. done at no cost.After the first year,Videx has a graduated Training on the Enterprise system is available at Videx. warranty,where cost of service or replacement on the unit )ntact us for more information on setting up your training. is determined by how long the product has been in use. softy Our Technical Support team is available to answer any You can find details of our warranty and service procedures questions on your hardware and software.Your phone call, on our web site at www.videx.com. email, or fax is quickly routed to a highly-trained individual who can walk you through using our products. How to Get Started The Videx Sales and Marketing team is available to answer any questions you have on CyberLock, and can put you in touch with one of our certified providers for local support. idea 1105 N.E. Circle Blvd., Corvallis, OR 97330 541-758-0521 • Fax 541-752-5285 www.videx.com • sales�cuvidex.com Irma Videx,CyberLock,CyberKey,CyberPoint,CyberAudit,EntryPoint,and Authorizer are registered trademarks of Videx,Inc. All other trademarks are properties of their respective owners. Specifications subject to change without notice. ©2008 Videx,Inc. cc02k I 3 CyberLock Proposal For City of Renton Public Works Water Maintenance 1055 S. Grady Way Renton, WA 98057 June 24, 2008 iv F j CXesc£ndo http://www.icrescendo.net Corporate Office•2018 156th Ave NE,Suite 100,Bellevue,WA 98007•(206)686-TIME •Fax(206)686-8463 Proprietary&Confidential Page 1 of 11 'slo' Ray Sled Water Maintenance Manager City of Renton Public Works Water Maintenance 1055 S. Grady Way Renton,WA 98057 Executive Summary This proposal offers a unique and innovative approach to convert your existing mechanical locks into an access control system by deploying CyberLock. Key Benefits: • Compliance—bring critical infrastructures to compliance with various regulations. • Key Control—minimize and track number of keys issued. • Access Control—establish accountability and limit access to certain areas. • Vandalism—protect locks from being picked or vandalized. • Lost or stolen key—remove access quickly. • Incident Reporting—gather evidence when an incident occurred. • Business Continuity—ensure system remains functional during power outage. • Liability—lower insurance premium by reducing risks. Key Features: • CyberLock electronic cylinders replace standard mechanical cylinders. • No wiring or battery is required at the lock. • CyberLocks cannot be picked. • CyberKeys cannot be duplicated. • Keys can be assigned a begin date and an expiration date. • Each key contains a list of locks it can open,with days and times. • A record of all events is stored in both the locks and the keys. • One key opens doorways, padlocks,cabinets, safes, and more. We are excited to partner with you in improving security at your water facilities while maintaining operational excellence. Should you have any questions regarding this proposal, please do not hesitate to contact us. Respectfully, Kim-Fu Lim Partner iCrescendo, LLC 2018 156th Ave NE., Suite 100 Bellevue,WA 98007 Phone: (206)660-3072 �rrr Corporate Office•2018 156th Ave NE,Suite 100,Bellevue,WA 98007•(206)686-TIME •Fax(206)686-8463 Proprietary& Confidential Page 2of11 *4010 Need Assessment Based on our site survey and the lock list you provided us, we have determined the following locks for your facilities: Facility CL-SF03 PL-02 CCTF 10 3 Fluoride Bldg 5 Fred Nelson Booster Pump Station 3 Highlands 1.5 MG Reservoir 2 Highlands 2.0 MG Reservoir 2 Highlands Booster Pump Station 4 Highlands Chlorination Building 2 Highlands Elevated Tank 2 Highlands Generator Building 3 Highlands Site 2 Houser Way Booster Pump Station 3 Maplewood Booster Pump Station 11 Maplewood Treatment Plant 4 Monroe Ave Booster Pump Station 3 Mount Olivet Booster Pump Station 3 Mount Olivet Generator Building 7 3 Mount Olivet Reservoir 2 Mount Olivet Site 1 North Talbot Booster Pump Station 4 1 North Talbot Generator Building 3 North Talbot Reservoir 6 North Talbot Utility Bldg 2 Rolling Hills 3 MG Reservoir 2 Rolling Hills Booster Pump Station 7 Rolling Hills Site 3 Rolling Hills Tank 5 South Talbot Booster Pump Station 3 South Talbot Reservoir 2 South Talbot Reservoir Site 3 Springbrook Springs Infiltration Gallery 3 Springbrook Springs Site 1 Springbrook Springs Storage Building 1 Springbrook Springs Treatment Building 6 Tiffany Park Booster Pump Station 3 Corporate Office•2018 156th Ave NE,Suite 100,Bellevue,WA 98007•(206)686-TIME •Fax(206)686-8463 Proprietary&Confidential Page 3 of 11 Well S 11 Well EW-3 7 2 Well PW-11 1 Well PW-12 2 Well PW-147 1 Well PW-8 4 2 Well PW-9 6 3 Wells 1-2-3 12 3 West Hill Booster Pump Station 3 1 West Hill Reservoir 2 West Hill Reservoir Site 3 Windor Hill Booster Pump Station 4 Lock Boxes 3 Total 144 CL-SF03 56 PL-02 1416•r Nifty' Corporate Office•2018 156th Ave NE,Suite 100,Bellevue,WA 98007•(206)686-TIME •Fax(206)686-8463 Proprietary& Confidential Page 4 of II Niito Proposals iCrescendo proposes to furnish CyberLock hardware, software and maintenance services. CyberLock Hardware Line Qty Item Description 1 57 PL-02 Padlock, brass, CL-6P3WR installed, 2" stainless steel shackle. 2 145 CL-SF03 Small format interchangeable core 3 51 CK-IR6 User Key,infrared,with replaceable tip 4 2 CK-IR6C Control key for CL-LF01 and CL-SF03 only 5 25 CK-BAT Spare Batteries for CyberKey 6 50 BRUSH Lock and key pin cleaning brush, stainless steel bristles 7 1 AH-Nl Authorizer Hub,network version, 120v, 60Hz(Professional) 8 1 KIT-120 CyberAudit Starter Kit(Professional) 9 1 AK-BOX Mounting box for Authorizer Keyport 10 1 AK-01 Authorizer Keyport 11 2 CK-USB USB Programmer(Professional) 12 1 AS-100 Authorizer software(Professional) 13 1 AH-W 1 Web Authorizer Hub, 120v, 60Hz (Enterprise) 14 1 CK-GM Grand Master Key(Enterprise) 15 1 CKB-IR1 IR Encoder(Enterprise) Nrid Corporate Office•2018 156th Ave NE,Suite 100,Bellevue,WA 98007•(206)686-TIME •Fax(206)686-8463 Proprietary&Confidential Page 5 of 11 CyberAudit Software iCrescendo proposes three different options for CyberLock management. Option One: Using CyberAudit Professional Software. CyberAudit Professional software is designed for smaller, more localized systems. It is an out- of-the-box Windows program that installs on your local PC. It is a flexible, cost-effective, and easy-to-use system, recommended for use when: • The system will be managed by a single administrator • There is a small number of locks and keys, approximately 500 each, in a single database • There is a small number of Authorizers, less than 15, in a single database • Programming of the user keys will be done either at the computer, using the base station, or from fixed locations,using the remote Authorizer Option Two: Using CyberAudit-Web Enterprise On-Demand Software CyberAudit-Web is a browser-based system, designed for large, geographically widespread, or mobile applications. It is accessible by browser from anywhere in the world, either over an internal network or the interne. Not only is the software accessible from virtually any location, use keys can be programmed from nearly any location using a cellular phone. CyberAudit Web is recommended for use when: • You anticipate growth and the system will be managed by a hierarchy of administrators Nilivare • The system is spread over a wide geographical area • There is a large number of locks,keys, and communications devices • A mobile workforce will be using cellular communication for key programming and downloading • It's necessary to program a key for access only at the time of access, for high-security applications such as chemical or cash handling Professional vs. Enterprise Comparison Chart Features Professional Enterprise CyberLocks Up to 500 15,000 CyberKeys Up to 500 15,000 Grand Master Keys No Yes IR Encoder No Yes CyberKey Base Station Requires Serial Port N/A Authorizer Up to 15 Up to 500 Cellular PDA No Yes Schedule Keys Yes Yes Audit Trail Yes Yes Expire Keys Yes Yes Master Keys Yes Yes Email Notification of Events Yes Yes Multiple Key Mode and Delay Yes Yes Corporate Office•2018 156th Ave NE,Suite 100,Bellevue,WA 98007•(206)686-TIME •Fax(206)686-8463 Proprietary& Confidential Page 6 of I I Web-based Software No Yes Hierarchy of Administrators No Yes Grouping of Locks and People No Yes Grouping of Access Permissions No Yes Customer Benefits of using CyberAudit-Web Enterprise On-Demand iCrescendo offers companies to either own the Enterprise software or access our easy-to-use web based solution for managing their locks and keys. Key Benefits of Enterprise On-Demand • No software to install and maintain and no server to purchase • Free up your System Administrator, DBA valuable resources — our engineers will perform software upgrades, database maintenance • Access to our knowledgeable Help Desk staff for training new staff, implementing new features • Allows you to grow with minimal monthly cost Option Three: Owning and managing CyberAudit-Web Enterprise If you choose to own CyberAudit-Web Enterprise,your designated IT administrators are required to attend a Certification Training for 3 days at Corvallis, OR. Nod Corporate Office•2018 156`h Ave NE,Suite 100,Bellevue,WA 98007•(206)686-TIME •Fax(206)686-8463 Proprietary&Confidential Page 7 of 11 CyberLock Training and Implementation iCrescendo also proposes to provide CyberLock training and implementation services with the following Scope of Work. Scope of Work CyberLock Implementation is designed to help customers speed up learning curve,minimize rework, and ensure a smooth rollout. It includes three steps: Training, Requirement Gathering, and Implementation—each is described below. Training CyberAudit Professional training lasts about three hours and requires a good internet connection and phone line. It is geared for system administrators responsible for managing the keys. There's no limit on the number of trainees that can enroll. CyberAudit-Web Enterprise training is three days long and conducted at Videx in Corvallis, OR. It is geared for the System Administrator, Database Administrator and CyberLock System Administrators. Requirement Gathering iCrescendo will provide CyberLock Implementation Worksheet and work with your designated err liaison to capture applicable business rules to configure CyberAudit Professional or Enterprise software. These activities include: 1. Securing a PC to install CyberAudit 2. Identifying personnel authorized to set login and password 3. Setting global options for Auto-Archive, Key Logging, Lock Settings 4. Setting Holidays 5. Creating Schedules 6. Choosing Key Expiration method 7. Defining Access Profiles for Users and Master Keys 8. Creating disaster recovery plan 9. Creating a back-up plan 10. Creating Lock List 11. Assigning keys to Access Profiles PC System Requirements for CyberAudit Professional El Windows® 98SE,NT 4.0 or later El 128MB RAM ❑ 25MB minimum hard drive space (50MB recommended) ❑ Pentium III or faster processor ❑ Available serial port(USB-to-serial adapter, if serial port is not available) ❑ CD-ROM drive for installation and to access technical reference material Now Corporate Office•2018 156th Ave NE,Suite 100,Bellevue,WA 98007•(206)686-TIME •Fax(206)686-8463 Proprietary& Confidential Page 8 of 11 ❑ CD-R/RW drive and media or USB Jump Drive,used for backup purposes Server Requirements for CyberAudit-Web Enterprise We offer Enterprise on two different servers, an IBM and an HP. Server details for each is: IBM xSeries 346 server with 2GB DDR2 memory, RAID Controller, (2) 73.4GB hard drives, redundant power supply, mouse,keyboard, 17 flat screen monitor, CENTOS 4.3 HP ProLiant DL380 G5 server with 2GB RAM, RAID Controller, (2) 72GB hard drives, redundant power supply,mouse,keyboard, 17 flat screen monitor, CENTOS 4.3 Implementation iCrescendo will assign a certified engineer to assist with the implementation. These activities include: 1. Installing and configuring CyberAudit Professional or Enterprise software 2. Programming keys and locks 3. Creating Reset Keys, System Master Key, Admin Master Key 4. Installing CyberKey Authorizer Software 5. Configuring the Authorizer and Keyport 6. Configuring network connection 7. Providing hands-on training to designated System Administrator 8. Testing and Commissioning We estimate that implementation effort will be about 4-6 hours for Professional, 3 days for Enterprise and our certified engineer will be onsite to complete the work. Your team will be responsible for distributing the keys to their designated users and changing out locks after programming is completed. Corporate Office•2018 156th Ave NE,Suite 100,Bellevue,WA 98007•(206)686-TIME •Fax(206)686-8463 Proprietary& Confidential Page 9 of I 1 Service and Maintenance Agreement iCrescendo Service Maintenance Agreement(SMA)entitles you to free Help Desk Support and two (2) onsite visits per year by our certified engineer to 1. Install Software Updates 2. Perform Database Maintenance and Tune-up 3. Train new CyberLock System Administrators The SMA is a contract that runs one (1)year at a time and must be purchased along with a new product. The SMA will also apply to product upgrade. For example if you choose to upgrade from CyberAudit Professional to Enterprise, the same SMA will apply to your Enterprise. Please review the attached Quote 1181 for the cost associated with this SMA. Customer Benefits Three main benefits of purchasing SMA with your product: 1. Maintain CyberLock System Administrator Knowledge. Your trained System Administrator might be re-assigned to a different role and you need to train the new System Administrator. You simply call us to schedule and our engineer will be onsite to conduct the training and perform other critical tasks as outlined above. 2. Maintain CyberLock System Integrity. Your database needs a regular maintenance and tune-up to keep it running smoothly. Our engineer will be onsite to perform these critical tasks twice a year. Or you might decide to upgrade to a new operating system but not sure its impact on CyberAudit software. Our engineer will be available to help you with the verification and migration. 3. Provide Help Desk Support. iCrescendo SMA frees up your IT Depai liitent valuable resources to support this system. Your employees can call us M-F from 8:00am to 5:00pm Pacific Time when they have issues or questions with their CyberLock system. How Does it Work? You can buy an SMA for up to three (3) years at a time. Prior to its expiration, iCrescendo will automatically send email to remind you to renew. For your convenience, you can renew it with any major corporate card. New Corporate Office•2018 156th Ave NE,Suite 100,Bellevue,WA 98007•(206)686-TIME •Fax(206)686-8463 Proprietary& Confidential Page 10 of 11 Cost Comparison Please review the attached Quote 1215, 1213 and 1214 for the cost breakdown on all deliverables and services. This quote is valid until September 22,2008. There's 15%re-stocking fee for items returned or exchanged. CyberAudit CyberAudit-Web CyberAudit-Web Professional & Enterprise Enterprise On- Authorizer Quote 1213 Demand Quote 1215 Quote 1214 Upfront Investment $54,144.50 $70,820.50 $47,620.50 Monthly Fee - - $512 Service & $5,000 $5,000 Included Maintenance Agreement(Year 2 and 3) 3-Yr Total $59,144.50 $75,820.50 $66,052.50 Internal IT support $$$ $$$$ $0 cost NOTE: • CyberAudit-Web Enterprise On-Demand monthly fee is $2/key, $2/lock and requires 3- year min contract • Cost figures do not include applicable sales tax Lead Time The current estimated lead time to obtain all deliverables is 4-6 weeks. Warranty During the first year from the date of original end user purchase,repair or replacement of CyberLock hardware is done at no cost. After the first year,Videx has a graduated warranty, where cost of service or replacement on the unit is determined by how long the product has been in use. You can find details of our warranty and service procedures on http://www.videx.com. Payment Terms We accept all major corporate cards for your convenience: AMEX,VISA, MasterCard. Purchase Order is accepted upon credit approval. Late payments will bear interest at a rate of one-and-one-half(1'/2)percent per month. Corporate Office•2018 156th Ave NE,Suite 100,Bellevue,WA 98007•(206)686-TIME •Fax(206)686-8463 Proprietary&Confidential Page 1I of 11 • iCrescendo LLC Quotes 2018 156th Ave NE, Suite 100 Date Quote# Bellevue, WA 98007 EIN 74-3056165 8/23/2008 1242 (206) 686-8463 x711 Name/Address City of Renton J.D.Wilson,P.E. 1055 S.Grady Way Renton,WA 98057 Terms Due Date Rep Due on receipt 9/22/2008 KL Qty Item Description Cost Total 50 PL-02 Padlock,brass,with CL-6P3WR installed,2"stainless 199.00 9,950.00T steel shackle 10 PL-01 Padlock,brass,CL-6P3WR installed, 1"stainless steel 197.00 1,970.00T shackle 145 CL-SF03 CyberLock Small Format Interchangeable Core 215.00 31,175.00T 51 CK-IR6 User CyberKey,Infrared,Removable Tip 98.00 4,998.00T 2 CK-IR6C CyberKey,Infrared,Plastic Case,Control Key 98.00 196.00T 25 CK-BAT Battery for CyberKey 5.00 125.00T 50 BRUSH Lock and key pin cleaning brush,stainless steel bristles 5.00 250.00T 1 AH-W1 Web Authorizer hub, 120v,60Hz(for Enterprise only) 595.00 595.00T 1 AK-01 Authorizer keyport 398.00 398.00T 1 AK-BOX Mounting box for Authorizer keyport 13.50 13.50T 258 CA-WEB On-De... CyberAudit-Web Enterprise On-Demand Access 24.00 6,192.00T @$2/key,$2/lock per month(3 years min contract) 1 CK-GM Grand Master CyberKey,Infrared,Removable Tip 195.00 195.00T 1 CKB-IR1 IR Encoder 95.00 95.00T CyberLock Imple... CyberLock Implementation: 0.00 0.00T CyberAudit-Web Enterprise Setup&Training CyberKeys and CyberLocks Programming **Please refer to Proposal for the Scope of Work Shipping&Handl... Shipping&Handling 200.00 200.00T This quote is valid for 30 days. 15%Re-stocking fees for items returned or exchanged. Subtotal $56,352.50 The shipping cost may change depending on the actual cost incurred during shipment of Sales Tax9.0%) these products. $5,071.73 Total $61,424.23 Signature APPROVED BY CITY COUNCIL COMMITTEE OF THE WHOLE COMMITTEE REPORT Date ?-8.- .061?‘ September 8,2008 Cable Television Franchise Extension (March 17, 2007) The Committee of the Whole recommends concurrence in the staff recommendation to: • Extend Comcast's cable television franchise through 2013; • Authorize the Mayor and City Clerk to enter into a lease agreement with Comcast for the City's Institutional Network; • Approve a 19-cent per subscriber per month Public, Access and Governmental (PEG) fee as part of the extension; and • Present the ordinances regarding this matter for first reading. a rr/r�er, Council President Fact—-re � Noy cc: Bonnie Walton George McBride Neil Watts LuOett tt)an 5 rev 01/05 bh APPROVED BY CITY COUNCIL TRANSPORTATION/AVIATION COMMITTEE Date 9-f aoa 7 COMMITTEE REPORT September 8,2008 Airport Layout Plan Standard Consultant Agreement with URS Corporation (Referred August 11, 2008) The Transportation/Aviation Committee recommends concurrence in the staff recommendation to approve the Standard Consultant Agreement with URS Corporation, in the amount of$40,573.41, for planning and design services to complete the Airport Layout Plan. The Committee further recommends that the Mayor and City Clerk be authorized to sign the contract with URS Corporation. ndy Corman, Chair Don Persson, Vice-Chair 4 a Rich Zwicker, , ember cc: Peter Hahn,PW Deputy Administrator—Transportation Ryan Zulauf,Airport Manager Susan Campbell-Hehr/Carolyn Currie,Airport Secretary Connie Brundage,Transportation Administrative Secretary APPROVED BY TRANSPORTATION/AVIATION COMMITTEE CITY COUNCIL COMMITTEE REPORT Date 1-g-A '7 September 8, 2008 South Lake Washington Infrastructure Improvements DMJM-Harris Consultant Agreement (Referred July 21, 2008) The Transportation Committee recommends concurrence in the staff recommendation to authorize the Mayor and City Clerk to enter into the contract to continue to have DMJM- Harris perform construction management through contract completion with the cibtractir for the South lake Washington Infrastructure Improvements Project. The amount on this contract is the remaining balance not used in the original contract(CAG 06-079) with DMJM-Harris. .----7 1 Rdy Corman, hair I Don Persson, Vice Chair Z O!vlM'k4111° ' f - Rich Zwicker, Mem i cc: Rob Lochmiller,Principal Civil Engineer Connie Brundage,Transportation Secretary APPROVED BY TRANSPORTATION/AVIATION COMMITTEE CITY COUNCIL COMMITTEE REPORT Date 9v-7-01614K September 8,2008 Speed Limit Increase on Edmonds Avenue SE (Referred March 11, 2008) The Transportation Committee recommends concurrence in the staff recommendation to authorize the City to raise the current speed limit of 25 miles per hour to 35 miles per hour for Edmonds Avenue SE from SE Puget Drive to SE 161st Street, with the exception of the school zone. The school zone established around Cascade Elementary School shall remain in force, dependent on time of day or the presence of children. The Committee further recommends the ordinance amending Renton City Code 10-11-1 C to include 116th Avenue SE from SE 161St Street to the south City limits be presented for first reading. , C(7 /Randy Corrnan, Chair ''-(- ------,27/ iDon Perss n, Vice Chair 4 ��a' Rich Zwicker, Me ber cc: Chris Barnes,Transportation Operations Manager Ron Mar,Transportation Operations Engineering Specialist Connie Brundage,Transportation Secretary Kevin friiloseviel^, Police Chief APPROVED BY CITY COUNCIL Date 9 S aoo8 UTILITIES COMMITTEE COMMITTEE REPORT September 8,2008 Consultant Agreement for the Water Distribution System Storage Study (Referred August 4, 2008) The Utilities Committee recommends concurrence in the staff recommendation to approve an interfund transfer, in the amount of$40,000.00, from the water main replacement project budget(#425.018.5950.0034.63.U55170)to the reservoirs and pump stations project budget (#425.018.5950.0034.63.U55570), for the purpose of conducting a water distribution system storage study. The committee further recommends that the Mayor and City Clerk be authorized to execute the Engineering Consultant Agreement, in the amount of$128,162.00, with HDR Engineering, Inc., to conduct this study. tLc._ _„7- 4, Rich Zwicker, Chair Greg Tayr, Vice Chair — til© 61 I4I-ercl a,n Lid – Terri Briere, Member cc: Lys Hornsby,Utility Systems Director Abdoul Gafour,Water Utility Engineering Supervisor JoAnn Wykpisz,PW Principal Fin&Adm Analyst Moen Oa ng APPROVED BY CITY COUNCIL Date ?-/-01°°1? COMMUNITY SERVICES COMMITTEE REPORT September 8, 2008 Library Board: Appointment of Mr. Kelly Bailey (August 18, 2008) The Community Services Committee recommends concurrence in Mayor Law's a ointm of Mr. Kelly Bailey to the Library Board for a term expiring June 1, 2013. pp ent / Terri3r'- � _� Kin `� er, Vice hair R ndy CormarMember a: Terry -Ni9asiti yama. Rev 1/06 bh APPROVED BY CITY COUNCIL Date9-8'249? COMMUNITY SERVICES COMMITTEE REPORT September 8, 2008 Municipal Arts Commission: Appointments of Ms. Valerie Gower, Mr. Wesley Van Doren and Ms. Denise Zullig (August 18, 2008) The Community Services Committee recommends concurrence in Mayor Law's appointments of Ms. Valerie Gower for an unexpired term, expiring December 31, 2009 (position previously held by Kristi Hand), Mr. Wesley Van Doren for an unexpired term, expiring December 31, 2009 (position previously held by Eleanor Simpson), and Ms an unexpired term, expiring December 31,2010 (position previously held by DawneMurin) to the Municipal Arts Commission. ) / lit_d Terri Brit - C , / r Kin Parker, Vice Chair Randy Corman, Member CSC; lerry ui5Q$iiyannQ Y FINANCE COMMITTEE REPORT CIS OVED COUNCIL September 8,2008 Date 9r 0.10e APPROVAL OF CLAIMS AND PAYROLL VOUCHERS The Finance Committee approves for payment on September 8, 2008, Claim vouchers 274385 - 274915 and 2 wire transfers, totaling $4,396,206.26, and 800 direct deposits, 377 payroll vouchers, and 1 wire transfer, totaling $2,869202.06. Claim vouchers 275315 - 276198 and 2 wiretransfers, totaling $3,676,681.72 deposits, 339 payroll vouchers, and 1 wire transfer, totaling $2,837,904.60. ' and 813 direct Claim vouchers 276199 - 276566 and 2 wire transfers, totaling $6,217,810.10, deposits, 265 payroll vouchers, and 1 wire transfer, totaling$2 61,57 11and 790 direct , Ki( - 411 end am — Don Persson, Chair B fere;Vide-Chair Aid`ar er, Member FINANCE COMMITTEE APPROVED BY CITY COUNCIL COMMITTEE REPORT Date9-1- el0OS' September 8,2008 2008 Budget Amendment FEMA Grant for Surface Water Facilities (August 18, 2008) The Finance Committee recommends concurrence in the staff recommendation to approve a 2008 Budget amendment increasing Surface Water Utility Fund 427 revenue and expenditures in the total amount of$337,132 for grant funding from the Federal Emergencyn Agency (FEMA) and the State of Washington. The grant funds are forrehabilitation itn and repair of damages to the Elliott Spawning Channel and the Maplewood Sedimentation and related to the November 2006 and December 2007 flood disasters. n Pond The committee further recommends that the ordinance regarding this matter be first reading. presented for Not in Attendance Don Persson, Chair '.IA e.LL,t_i ,-Terri Brie Vi,e Chair King Parker, Member cc: Lys Hornsby,Utility Systems Director Ron Straka, Surface Water Utility Supervisor JoAnn Wykpisz,PW Principal Fin&Admin Analyst TWen l.Jan9 addpea 9 7-01017 CITY OF RENTON, WASHINGTON RESOLUTION NO. N .91i ii A RESOLUTION OF THE CITY OF SUPPORTING THE CITY OF RENTON RENTON, WELLNESS PROGRAM SS WHEREAS, the City of Renton adopted an Employee Wellness Program in 1990 to aid and encourage employees to maintain good physical and mental health; and WHEREAS, the Renton City Council recognizes that employee health is related to lifestyle decisions, and many illnesses and injuries can be prevented by positive individual health practices; and WHEREAS, the Renton City Council further recognizes that improvements to employee health, achievable through active workplace health promotionprograms, activities, and incentives, can result in better morale, reduced absenteeism, and enhanced productivity and performance; and WHEREAS, the Employee Wellness Program is aimed at improving the qualityof life through education about health and fitness, decreasing the usage of medical services under the employee health plan, decreasing the incidence of workplace injuries and the severityof injury J Y claims expense, reducing sick leave usage, improving employee morale and well-being and increasing recreational opportunities which lead to improved physical and emotional health. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Employee wellness Program for City employees has the full support of the Council. 1 RESOLUTION NO. 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.1358:8/12/08:scr 2 CITY OF RENTON, WASHINGTON RESOLUTION NO. .59‘5- A RESOLUTION OF THE CITY OF RENTON, WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF RENTON AND THE FEDERAL AVIATION ADMINISTRATION TO MAINTAIN THE EXISTING NAVIGATIONAL AIDS AT THE RENTON MUNICIPAL AIRPORT. WHEREAS, the Federal Aviation Administration (FAA) maintains the navigational Observation on the airport. These navigational aids are the Automated Surface g n System (ASOS) which records the local weather conditions and the Remote Transmit, Receive (RTR) radio equipment which sends the Automated Terminal Information System (ATIS) signal to pilots. Pilots can tune to this radio signal and hear local weather conditions and other information about the airport, without having to call the control tower staff; and WHEREAS, the FAA requires a Memorandum of Agreement between the Cityof Renton and the FAA to continue to use airport p property for maintaining their existing navigational aids on the Airport. This Memorandum of Agreement replaces arevi p ous agreement signed in 1981; 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 Mayor and City Clerk are hereby authorized to execute the No Cost Land on Airport Memorandum of Agreement, Agreement #DTFANM-08-L-00012 with the FAA to maintain the existing navigational aid facilities on the airport. 1 RESOLUTION NO. 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. War1en, City Attorney RES.1362:8/12/08:scr 2 adept' 9- r aoa CITY OF RENTON, WASHINGTON RESOLUTION NO. J,9 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 FEDERAL AVIATION ADMINISTRATION GRANT FUNDING FOR RESURFACING OF RUNWAY 16/34 AT RENTON MUNICIPAL AIRPORT. WHEREAS, the city of Renton holds and operates the Renton Municipal Airport (aka Clayton Scott Field) under and subject to a grant and conveyance from the United States of America; and WHEREAS, the grant and conveyance were made by the authority granted in the Surplus Property Act of 1944, as amended; and WHEREAS, the grant and conveyance of the airport by the United States of America impose on the city of Renton the requirement that the city comply with the Grant Assurances, Order 5190.6A; and WHEREAS, as a Grantee, the city of Renton is entitled to receive grant funding from the Federal Aviation Administration for improvements to the Renton Municipal Airport; and WHEREAS, the Federal Aviation Administration has,offered a grant in the amount of $3,969,555, for the purpose of resurfacing the 16/34 Runway on the Renton Municipal Airport; and WHEREAS, the sum of $3,969,555 represents ninety five percent (95%) of the total project cost for the resurfacing of Runway 16/34; and 1 RESOLUTION NO. WHEREAS, the City of Renton wants to accept these funds; 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 respect. 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 the resurfacing of Runway 16/34 at Renton Municipal Airport. 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 RES.1371:08/25/08:scr 2 /5/-Aearbmi deer CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 2, ZONING DISTRICTS — USES AND STANDARDS; AND CHAPTER 11, DEFINITIONS, 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 TOWING OPERATIONS/AUTO IMPOUNDMENT YARDS; AND TO ADD DEFINITIONS FOR TOW TRUCK AND TOW TRUCK OPERATIONS. WHEREAS, the City only allows towing operations/auto impoundment yards in the Industrial Heavy and Industrial Medium zones; and WHEREAS, towing operations/auto impoundment yards as a land use provide a service to Renton citizens; and WHEREAS, the City seeks to allow towing operations/auto impoundment yards to occur in an additional zone with conditions; and WHEREAS, the City seeks to allow towing operations to occur without auto impoundment yards in an additional zone with conditions; and WHEREAS, this matter was duly referred to the Planning Commission for investigation, study, and said matter having been duly considered by the Planning Commission, and said zoning text amendment request being in conformity with the City's Comprehensive Plan, as amended; and WHEREAS, the City Council held a public hearing on April 28, 2008, having duly considered all matters relevant thereto, and all parties appearing in support thereof or in opposition thereto having been heard; 1 ORDINANCE NO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 4-2-060L, Vehicle Related Activities, 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 so that in the row titled "Tow truck operation/auto impoundment yard" a "P36" is placed in the column associated with the IL zone. Also, to add a new row to be titled "Tow truck operations" and place an "AD 51" in the column associated with the CA zone. SECTION II. 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," is hereby amended so that note 36, which is currently blank, reads: 36. Vehicles that have been towed must be kept in a building. When not in use, towing trucks must be kept in a building. Tow trucks are limited to Class A, B, and/or E. SECTION III. 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," is hereby amended so that note 51, which is currently blank, reads: 51. Tow truck operations must be a shared use with either an auto body shop and/or a vehicle service and repair business. When not in use, towing trucks must be kept in a building. Tow trucks are limited to Class A, B, and/or E. 2 ORDINANCE NO. SECTION IV. 4-11-200, Definitions T, 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 add two new definitions to read: TOW TRUCK: A vehicle equipped for and used in the business of towing or transporting vehicles. All tow trucks must display a valid Department of Licensing permit or decal that indicates the tow truck class. A. Class A: Trucks that are capable of towing and recovery of passenger cars, pickup trucks, small trailers, or equivalent vehicles. B. Class B: Trucks that are capable of towing and/or recovery of medium size trucks, trailers, motor homes, or equivalent vehicles. C. Class E: Tow trucks designed and intended to transport vehicles entirely on a truck bed. TOW TRUCK OPERATION: A facility that dispatches tow trucks for hire with no automotive storage area for impounded vehicles. SECTION V. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie Walton, City Clerk 3 ORDINANCE NO. APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1498:8/11/08:scr 4 /Sf CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE FISCAL YEAR 2008 BUDGET BY RECLASSIFYING ONE MAINTENANCE SERVICES WORKER III POSITION TO A MAINTENANCE SERVICES WORKER I POSITION, AND RECLASSIFYING ONE MAINTENANCE SERVICES WORKER III POSITION TO A LEAD MAINTENANCE SERVICES WORKER POSITION IN THE MAINTENANCE SERVICES DIVISION SURFACE WATER OPERATIONS BUDGET. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Expenditure in Fund 407, Dept. 019, Surface Water Operations, PW Maintenance Systems, is hereby adjusted as follows: Fund 2008 Budget Budget Adjustment 2008 Adjusted Budget 407 $1,804,536 <$1,389> $1,803,147 Source of funds: Reduced expenditure due to reclassification of two positions. SECTION II. A Maintenance Services Worker III position (grade a12, Step B) is hereby reclassified to a Maintenance Services Worker I position (grade a04, Step B) and a Maintenance Services Worker III position (grade 12, Step E) is hereby reclassified to a Lead Maintenance Services Worker position (grade a16, Step D) in the Maintenance Services Division Surface Water Operations budget effective October 1, 2008. The 2008 Budget Public Works Department Surface Water Maintenance Services position listing shall be adjusted to delete two Maintenance Services Worker III positions, and to add one Maintenance Services Worker I and one Lead Maintenance Services Worker positions. 1 ORDINANCE NO. SECTION III. These adjustments will result in a budget reduction of$1,389.00. This funding shall remain as fund balance in the Maintenance Services Division Surface Water Operations budget. SECTION IV. This Ordinance shall be effective upon its passage, approval, and five (5) 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:1501:09/2/08:scr 2 /$1Alda ' 9 rawer CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 17, CABLE COMMUNICATION SYSTEMS, OF TITLE V (FINANCE AND BUSINESS REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON," TO AMEND THE DEFINITION OF "GROSS REVENUES" AND THE REGULATIONS REGARDING THE GRANTING OF FRANCHISES AND TECHNICAL STANDARDS, WHEREAS, Chapter 17, Cable Communication Systems, of Title V (Finance and Business Regulations) is the Municipal Code that governs Cable Communication Systems; and WHEREAS, changing circumstances make it necessary to amend the existing Chapter 17; p NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Section 5-17-1, Definitions, of Chapter 17, Cable Communication Systems of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington,"is hereby amended so that the definition of"Gross Revenues" reads as follows: GROSS REVENUES: means, for purposes of Franchise Fee calculations, all revenue received by the franchisee or its affiliates, as defined in the Federal Cable Act, in whatever form and from all sources, derived from the operation of franchisee's Cable System to provide Cable Services, including any revenue received by the franchisee from any use of any component of the Cable System for any purpose by the Operator or by others. Gross Revenues shall include, without limitation, revenue received from: 1) Cables Services; 2) converter and 1 ORDINANCE NO. equipment rentals; 3) advertising; 4) installations; 5) sales occurring as a result of home shopping or similar programming; 6) leased channels; 7) sales of programming guides; 8) Franchise Fees; and 9) fees, payments or other consideration paid by programmers and commissions on advertising accounted for in accordance with generally accepted accounting principles (GAAP) . Gross Revenues shall not include revenues received from telecommunications services or revenues received by third parties unless such revenues are of a type normally received by the Franchisee prior to the date of this Franchise or would normally be received by a Cable Operator similarly situated in the ordinary course of business as compensation for use of the Cable System. Gross Revenues shall be determined without deduction for (1) any operating expense; (2) any accrual; or (3) any other expenditure, regardless of whether such expense, accrual or expenditure reflects a cash payment, and revenue shall be counted only once in determining Gross Revenues. Gross Revenues shall not include funds that the Franchisee is legally obligated to collect as sales or similar taxes imposed directly on Subscribers. This definition shall be construed so as to include all Gross Revenues to the maximum extent permitted by federal and state law, except to the extent specifically excluded in this section, and encompasses revenues that may develop in the future, whether or not anticipated. If a statutory change in state or federal law or a decision of the FCC or a court of competent jurisdiction expands the categories of revenue available to the City for the Franchise Fee assessment beyond those permitted under this definition as of the Effective Date, that change shall automatically be included in the definition of Gross Revenues under this 2 ORDINANCE NO. Franchise, provided that the City imposes the same requirement upon any other similarly situated multichannel video provider over which the City has jurisdiction and authority to impose such fees. SECTION II. Section 5-17-8, Technical Standards, of Chapter 17, Cable Communication Systems, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended by adding a new subsection, to read as follows: C. Technical Audit: Each franchisees shall annually provide to the City a certification signed by its vice president of engineering for the State of Washington, or other senior engineer as agreed upon by the City, certifying that its policies and procedures comply with all applicable laws and codes and that all known maintenance issues have been repaired in compliance therewith. SECTION III. Except for the changes indicated above, Chapter 17, Cable Communication Systems, of Title V (Finance and Business Regulations) remains intact. SECTION IV. This ordinance shall be effective upon its passage, approval, and thirty (30) 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 3 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1492:7/14/08:scr 4 Is 74 AzeIeji, oWar CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING ORDINANCE NO. 4412, GRANTING TO TCI SEATTLE, INC., A FRANCHISE TO OPERATE A CABLE COMMUNICATION SYSTEM WITHIN THE CITY OF RENTON. WHEREAS, the City of Renton, Washington ("City") granted by Ordinance No. 4412, a Franchise to TCI Seattle, Inc., to provide a cable television system on August 9, 1993; and WHEREAS, the Franchise was acquired through succession by Comcast of Washington IV & Comcast of California/Colorado/Washington I, Inc. ("Comcast" or"Operator"); and WHEREAS, the Franchise is due to expire on midnight, September 13, 2008; and WHEREAS, Comcast and the City have engaged in negotiations concerning the renewal of the Franchise and other disputes and are in agreement concerning certain issues; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Section 2, Length of Franchise, of the Franchise Agreement embodied in Ordinance No. 4412, is hereby amended to read as follows: Section 2: Length of Franchise. This Franchise shall expire on midnight, September 13, 2013. SECTION II. Section 5, Future Provisions, of the Franchise Agreement embodied in Ordinance No. 4412, is hereby amended by adding to it the following language at the end of the current Section 5: 1 ORDINANCE NO. Technical Audit. Comcast shall annually provide to the City a certification signed by its Vice President of Engineering for the State of Washington, or other senior engineer as agreed upon by the City, certifying that its policies and procedures comply with all applicable laws and codes and that all known maintenance issues have been repaired in compliance therewith. Comcast will provide a letter confirming the following: Comcast has reviewed the Technical Review and Audit of the Comcast Cable System Serving Renton, WA (the "Technical Audit"), by CBG Communications, Inc., dated June 2007, and further confirms that Comcast has corrected all of the performance issues and alleged City Code violations cited (including the alleged NEC and NESC code violations) in the Technical Audit. SECTION III. Section 6, Access Channels, of the Franchise Agreement embodied in Ordinance No. 4412, is hereby amended by deleting the last paragraph of Section 6 and replacing it with the following language: PEG Support. Upon the effective date of this Amendment, the Operator shall pay to the City on a quarterly basis, at the same time as the franchise fee, $0.35 per subscriber per month (the "PEG Fee") from all subscribers receiving and paying for cable service. To the extent permitted by applicable law, the PEG Fee may be itemized on Subscriber billing statements. The PEG Fee shall not be treated as franchise fees for purposes of 47 U.S.C. § 542 or any other purpose, and shall at 2 ORDINANCE NO. no time be offset or deducted from franchise fee payments made to the City under this franchise or applicable law. In the event any payment required by paragraph 1(a) is not made on or before the required date, the Operator shall pay, during the period such unpaid amount is owed, additional compensation and interest charges computed from such due date, at an annual rate of ten percent (10%). Any interest or penalties imposed hereunder shall not be treated as franchise fees for purposes of 47 U.S.C. § 542 or any other purpose, and shall at no time be offset or deducted from franchise fee payments made to the City under this franchise or applicable law. SECTION IV. Section 8, Institutional Networks, of the Franchise Agreement embodied in Ordinance No. 4412, is hereby deleted. The City and Operator have entered into a separate lease agreement regarding the Institutional Network. SECTION V. The Franchise Agreement embodied in Ordinance No. 4412, is hereby amended by adding a new Section 23 entitled "Competitive Equity" and to read as follows: Section 23: Competitive Equity. (a) Any franchise granted pursuant to this Chapter shall be nonexclusive and shall not preclude the City from granting other or further franchises or permits or preclude the City from using any roads, rights-of- way, streets, or other public properties or affect its jurisdiction over them or any part of them, or limit the full power of the City to make such changes, as the City shall deem necessary, including the dedication, establishment, maintenance and improvement of all new rights-of-way and thoroughfares and 3 ORDINANCE NO. other public properties. The City reserves the right to grant one (1) or more additional franchises. The City shall amend a franchise, as requested by the franchisee, if it grants additional franchises or similar authorizations that contain material terms or conditions which are substantially more favorable or less burdensome to the competitive entity than the material terms and conditions herein. A word for word identical franchise or authorization for a competitive entity is not required so long as the regulatory and financial burdens on each entity are generally equivalent taking into account any difference in the number of subscribers served, the number of PEG channels and aggregate support provided, the level of fees and taxes imposed, the term of the franchise, and all other circumstances affecting the relative burdens. (b) Notwithstanding any provision to the contrary, at any time prior to the commencement of a franchisee's thirty-six (36) month renewal window provided by Section 626 of the Cable Act, that a non-wireless facilities based entity, legally authorized by state or federal law, makes available for purchase by Subscribers or customers, Cable Services or multiple channels of Video Programming within the Franchise Area without a franchise or other similar lawful authorization granted by the City, then a franchisee shall have a right to request Franchise amendments that relieve the franchisee of regulatory burdens that create a competitive disadvantage to the franchisee. In requesting amendments, the franchisee shall file a petition seeking to amend the franchise. Such petition shall: (1) indicate the presence of such wireline competitor; and (2) identify all material terms or conditions which are 4 ORDINANCE NO. substantially more favorable or less burdensome to the competitive entity. The City shall act on the petition within 120 days. (c) In the event an application for a new cable television franchise is filed with the City proposing to serve the franchise area, in whole or in part, the City shall notify all existing franchisees. SECTION VI. This Amendment to the Franchise and its terms and provisions shall be accepted by Comcast by the submission of a written instrument, executed and sworn to by a corporate officer of Comcast before a Notary Public, and filed with the City Clerk within sixty (60) days after the effective date of this Ordinance. Such instrument shall evidence the unconditional acceptance of this Amendment to the Franchise and the promise to comply with and abide by all its provisions, terms and conditions. SECTION VII. This ordinance shall be effective upon its passage, approval, and thirty (30) 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 5 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1491:7/14/08:scr 6 St 9 aoo� CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE 2008 BUDGET BY INCREASING THE APPROPRIATIONS IN THE SURFACE WATER UTILITY FUND (FUND 427) REVENUE ACCOUNT AND EXPENDITURE ACCOUNTS IN THE AMOUNT OF $337,132 WITH FUNDS FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE EMERGENCY MANAGEMENT DIVISION, AND THE STATE OF WASHINGTON, FOR THE REHABILITATION OF THE ELLIOTT SPAWNING CHANNEL AND MAPLEWOOD SEDIMENTATION POND MAINTENANCE PROJECT. WHEREAS, in November, 2006, and December, 2007, the city of Renton experienced both a 50-year storm event and a 100-year storm event that caused stormwater related damages to two surface water facilities that were constructed and maintained by the City; and WHEREAS, the November, 2006, event resulted in damage to the Elliott Spawning Channel's inlet berm; and WHEREAS, the December 2007 storm event caused the Maplewood Sedimentation Pond to fill up with sediment; and WHEREAS, the governor declared emergencies for both storm events and the city of Renton was eligible for grant funds from the Federal Emergency Management Agency; and WHEREAS, the city of Renton has successfully applied for grant funds from the Federal Emergency Management Agency for the rehabilitation of the Elliot Spawning Channel and the Maplewood Sedimentation Pond in the total amount of$337,132; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: 1 ORDINANCE NO. SECTION I. Appropriations to the Surface Water revenue and expenditure accounts for the Elliott Spawning Channel Rehabilitation project and Maplewood Sedimentation Pond Maintenance project are hereby increased as follows: 2008 2008 Original Budget Adjusted Fund Budget Increase Budget (Revenue Account) Federal Emergency Management Agency 0 $337,132 $337,132 (FEMA) 427.000000.000.3330.0097.03.000006 (Expenditure Account: Elliott Spawning Channel Rehabilitation project) $0 $251,006 $251,006 427.018.5950.0038.63.000000 (U65465) (Expenditure Account: Maplewood Sedimentation Pond Maintenance project) $0 $86,126 $86,126 427.018.5950.0038.63.000000 (U65060) SECTION II. Funds are hereby added to the 2008 Surface Water revenue and expenditure accounts for the Elliott Spawning Channel Rehabilitation and Maplewood Sedimentation Pond Maintenance projects. SECTION III. This ordinance shall become effective immediately upon its passage, approval, and five (5) days after publication. 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 2 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. 1496:8/7/08:scr 3 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 11, SPEED LIMITS, OF TITLE X (TRAFFIC) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON," BY ADDING EDMONDS AVENUE S.E. FROM S.E. PUGET DRIVE TO S.E. 161ST STREET AND SETTING THE SPEED LIMIT AT 35 MILES PER HOUR. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 10-11-1C, Speed Limits, of Chapter 11, Speed Limits, of Title X (Traffic) of Ordinance 4260 entitled "Code of General Ordinances City of Renton, Washington," is hereby amended by adding new subsections, to read as follows: 18. Edmonds Avenue S.E. from S.E. Puget Drive to S.E. 161st Street, except for those occasions when the school zone is in effect around Cascade Elementary School. 19. 116th Avenue SE from 161st Street to the south City limits. SECTION II. This Ordinance shall be effective upon its passage, approval, and thirty days after publication. PASSED BY THE CITY COUNCIL this day of 2008. Bonnie I. Walton, City Clerk 1 ORDINANCE NO. APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1495:08/12/08:scr 2 1sf read, ki,ct Vas o7 � ' CITY OF RENTON, WASHINGTON ORDINANCE NO. 6.5/06 AMENDING AN N N E OF THE CITY OF THE FISCAL YEAR 2 08 BUDGETRTON $600,000 , WASHINGTON, CONSTRUCTION HI FUND N THE APPROVED SURFACE BY TER UTILITY TRANSFERRING (427) FROM THE SHATTUCK VESTORM SYSTEM IMPROVEMENT PROJECT EXPENDITURE THE CARR ROAD _ PANTHER C ACCOUNT TO REPAIR PROJECT EXPENDITURE ACCOUNT ERGENCY CULVERT NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Appropriations to the Surface Water Utility�' 2008 Capital Improvement Program (CIP) expenditure account for the Carr Road —Panther Culver Repair Project and the Shattuck Ave Stoma Creek Emergency System Improvement Project account are hereby transferred as follows: 2008 Fund Original Budget Chan2008 (Expenditure Account) Budget ge Adjusted Carr Road—Panther Creek Emergency Budget Culvert Repair Project $0 +$600,000 427.u65460 $600,000 (Expenditure Account) Shattuck Ave. Storm System Improvement $800,000 Project - $600,000 $200,000 427.u65440 SECTION II. This ordinance shall become effec h' g , pproval and five (5 ve immediately upon its passa e a ) days after publication. 1 ORDINANCE N0. 2008. PASSED BY THE CITY COUNCIL of Bonnie I. Walton, City Clerk ,2008. APPROVED BY THE MAYOR this day of Denis Law,Mayor Approved as to form: Lawrence J. 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